PA Register Terms & Conditions
Purple Match Hertfordshire is a service delivered by Purple, an independent organisation that promotes the raising of quality in care in the private, independent, and voluntary care sector in Hertfordshire. The Purple Match service is available to people in Hertfordshire looking to work as a Personal Assistant (PA) and to Hertfordshire Direct Payment (DP) Holders needing to access the register to fill their permanent and temporary vacancies. There are conditions of using this service which this document sets out:
General
All job vacancies accepted by Purple Match in any of its email or online publications are subject to these Terms and Conditions. Any other conditions proposed by the DP Holder will be void unless accepted by Purple Match in writing.
Definitions
In these terms and conditions:
- 'Purple Match' is the name of the service representing Purple.
- 'PA' is the Personal Assistant who has been enrolled or are enrolling with Purple Match for support in finding a position and access to training opportunities and benefits.
- 'DP Holder' means Direct Employer or Direct Payment Holder whose job vacancy requests will be advertised via Purple Match.
- 'Vacancy Request' means display of your advert online and via email and shall include inserts and supplements. This will not include name and contact details.
Availability
All job vacancies are accepted subject to space being available within our system. Due to this we do not allow for duplicate adverts.
Finances
Although Purple Match Hertfordshire is free to DP Holders, there may be additional enhanced services in the future which may require a fee. If you wish to use any paid services, you will be fully informed and provided with additional Terms and Conditions to do so.
Delivery and Ownership
Vacancy requests and any other materials provided must conform to Purple Match's specifications. Required information is set out when you submit your vacancy request via the online form. Clear, informative information is important for Purple Match to support effectively. Purple Match reserves the right to charge the DP Holder for work required to amend materials to conform to specifications but accepts no liability for such work.
Prices and Payment Terms
As fore-mentioned access to the Purple Match service is free, however there may be additional enhanced services in the future which may require a fee. If you wish to use any paid services, you will be fully informed and provided with additional Terms and Conditions to do so.
Data Protection
The details of the PA will be held by Purple Match on its database for the use of the service. These details will be passed to DP Holder's via email when the PA confirms interest in a vacancy request. Details will be limited initially for personal protection of the PA. If a job offer is made and this is confirmed to Purple Match by both the PA and the DP Holder, the DP Holder will receive an additional information document with protected information such as date of birth, gender, what documents have been checked and more. Some additional information may be required to be obtained by the DP Holder after job offer is made to the PA, and this is the responsibility of the DP Holder to obtain this in a GDPR compliant way. Details will not be passed to any other third parties. The PA details will be reviewed after 1 year and could change in the interim.
The PA Register Liability
Purple Match holds no liability to any applicants the DP Holder may communicate, interview or begin work with. The service is an 'introduction and guidance' service only. Purple Match does not endorse any DP Holder or PA and takes no responsibility for either parties being of good repute.
Pre-Employment Checks
As part of the applicants enrolment to Purple Match we will verify certain details including but not limiting to, if they have a DBS, right to work, reference contact details and COVID vaccination status.
It is the responsibility of the DP Holder to complete pre-employment checks to ensure the PA is suitable for the position. The DP Holder will be liable for completing pre-employment checks completely. Purple Match holds no liability for the result of pre-employment checks or any repercussions of these not being done correctly. Purple Match will develop some guidance on what pre-employment checks to complete, but it is the full responsibility of the DP Holder to complete pre-employment checks to the extent they feel is sufficient for the role, checking documentation and training accreditations as a minimum.
Cancellation or Suspension
Cancellation or suspension of any vacancy request by the DP Holder must be received in writing to Purple Match within the period specified by an appropriate medium, email is preferred. The email pa@herts-dpss.co.uk can be accessed by the Purple Match team and so is the most effective way of informing Purple of any changes.
Purple Match reserves the right to omit or suspend a vacancy request at any time for good reason, without liability to the DP Holder and shall notify the DP Holder as soon as possible. Good reason includes but is not limited to:
- A lack of communication from the DP Holder with Purple Match: When a suitable PA is emailed to a DP Holder a response is expected within a maximum of 7 days to inform Purple Match of any progress being made with the applicant and whether the DP Holder is taking this application forward or not. Information including the level of interest, contact update, interviews arranged, and job offers and placements are required by Purple Match from the DP Holder.
- A lack of communication from the DP Holder with the PA: If Purple Match have sent a PA that is suitable for the vacancy based on job vacancy detail given by the DP Holder, the DP Holder must contact the PA within a maximum of 7 days. If the DP Holder deems the PA unsuitable then this along with reasons for this decision must be provided to Purple Match within the same time frame. This allows us to continue working with the applicant insourcing work elsewhere or, dependent on feedback and reasons for rejection, reviewing their enrolment to the Purple Match register.
- Quality of job vacancy: When the DP Holder submits their vacancy request via the provided form, sufficient information is required for Purple Match to effectively support the DP Holder to fill their vacancy. If information is not sufficient or of a high quality deemed by Purple Match the DP Holder will be informed by an initial call and a follow up email. If no response is received within 7 days the original job vacancy will be removed and no further action will be taken from Purple Match.
Failure to comply with any of the above can result in your advert being removed from Purple Match database and no further recruitment support provided by the Purple Match service.
Direct Payment Holder Warranties and Indemnities
The DP Holder warrants that the job vacancy request does not contravene the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) and is not in breach of any legislation including the Equality Act 2010, the Obscene Publications Act 1959 or any other legislation or regulation.
If any job vacancy submitted for publication contains the name or pictorial representation(photographic or otherwise) of any living person and/or any part of any living person and/or copy by which any living person is or can be readily identified, the DP Holder warrants that authority has been obtained of such living person to make use of such name, representation and/or copy.
The DP Holder will indemnify and hold harmless Purple Match from and against any claim that the job vacancy infringes the copyright, trademark or other intellectual property rights of any person or that is defamatory or infringes any other right of any person.
Purple Match reserves the right to withdraw and/or refuse to share a job vacancy without liability to the DP Holder if it reasonably believes that the job vacancy may make Purple Match liable to any complaint, claim or proceedings.
Online Job Vacancies
The DP Holder must complete an online form to submit job vacancies to the Purple Match service. All DP Holder's job vacancies will be free of charge. Branding, if any, will not include any logos, contact details, identifiable information, application form or website when submitted to PA's enrolled with Purple Match. Purple Match requests these details for when interested PA's are being pursued.
Purple Match will check DP Holder Status with Hertfordshire County Council (HCC). This service is only available to those who receive or who HCC advise will soon receive a Direct Payment following assessment.
To cancel or alter a job vacancy the DP Holder must inform Purple Match via email to pa@herts-dpss.co.uk.
Response
Purple Match does not guarantee any response to the DP Holder's job vacancy or that responses will be suitable for the job advertised. Purple Match completes a telephone pre-screening, checks documentation ensuring a valid DBS and base view of right to work documents, with every PA whose details are sent to the provider and completes an enrolment process with the Personal Assistant which includes an initial application and self-disclosure from the PA. It is the DP Holder's responsibility to carry out such checks and procedures as are necessary to ensure that PA's are suitable for the job advertised and have the required qualifications and personal characteristics.
DP Holder's agree to deal fairly and professionally with applicants and the Purple Match team who may be interested in their job vacancy and will indemnify Purple Match from and against any claim brought by an individual against Purple Match arising from a breach of this obligation or any other of these terms and conditions.
Right to Reject Adverts
Purple Match reserves the right to refuse to create or accept any advert it does not see fit to the published. No correspondence will be entered into with a DP Holder who is refused an advert.
Purple Match Responsibility
Purple Match accepts no responsibility for DP Holder's finding suitable PA's after job vacancy has been submitted. It is the sole judgment of the PA to choose to be put forward by the Purple Match team for the job vacancy.
No Warranty
Purple Match shall not be liable to the DP Holder for any loss or damage incurred by the PA or the Purple Match service whether caused by the DP Holder, PA or Purple Match service under any circumstances.
Governing Law
This agreement shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English courts.
Information Sharing
Purple Match reserves the right to contact the relevant sources of PA's with job vacancy information. As an example, a relevant source could be a jobcentre contact.
Applicant Placements
Purple Match can only find applicants for DP Holder's in Hertfordshire which will be checked each time a vacancy is requested with HCC. No applicants can be found or placed for care agency work or for other Private, Voluntary, and independent sector registered care providers. In cases where term 19. has been breached, the employer may be subject to a fine and will no longer be able to source PA's via Purple Match going forward.
Agreement
These terms and conditions are deemed to be accepted by the DP Holder by ticking the confirmation box on the online new job form.