Last Modified: Thursday January 6 2022 12:58
TERMS
AND CONDITIONS OF BUSINESS
This document, together with any Assignment Notices (hereafter collectively referred to as the Agreement) creates a contract for services between the Parties.
Parties to the contract
Terms
and Conditions of Business- Part 2 Employment Business / Locum
The Contract for avoidance of
doubt, this agreement shall not give rise to a contract of Employment between
the Employment Business and the Locum. These terms and conditions constitute a contract
for services between the Employment Business and the Locum upon the Locum
signing the relevant declaration and acceptance form, which is attached to the
Employment Business Application form. This copy of the terms and conditions is for
the Locum to retain for future reference. The type of assignments that the
Employment Business will endeavour to obtain for the Locum and the minimum rate
of pay that the Locum will receive for such work are shown clearly on the
initial pay rate sheet that accompanies the registration pack, which includes a
copy of these terms and conditions and the Application form.
Once the Locum has signed the
declaration and acceptance form relevant to these Terms and conditions, these
terms and conditions then govern all assignments undertaken by the Locum with
the Client. It is explicitly agreed by the Locum that by requesting the
Employment Business to undertake to find assignments for the Locum, the Locum
agrees to accept these terms in their entirety whether or not they have signed the
relevant form. No variation or alteration to these Terms and Conditions shall
be valid unless approved by a Director of the Employment Business in writing.
Assignments
The Employment Business agrees to engage the
services of the Locum on these Terms and Conditions and shall endeavour to
obtain suitable assignments for the Locum with Clients. Unless stated otherwise the Employment
business engages all Locum staff primarily for Day assignments, these may
however be varied at the absolute discretion of the Employment business.
The Client may alter or
cancel a Booking at any time and at short notice, and in such circumstances, the
Agency cannot accept responsibility or liability for any loss or expense, which
may be suffered by the Locum as a result of such a cancellation.
The failure by the Employment
business to obtain suitable assignments for the Locum shall not give rise to
any liability on the part of the Employment Business and the Locum recognises
that there may be periods between Assignments when no work is available. Whilst
every endeavour is made to ensure the accuracy of the information given to the
Locum with regard to among others but not exclusively bookings, clients, type
of work and accommodation, any information given is only intended as a guide and
as such the accuracy of this information cannot be guaranteed and should not be
relied upon by the Locum.
The Locum shall not be
obliged to accept an Assignment offered by the Employment Business.
Record of Hours Worked
At the end of each week of an assignment (or at the end of the Assignment where it is for a period of one week or less or is completed before the end of a week) the Locum shall deliver to the Client a timesheet or other written record duly completed to indicate the number of hours worked by him during the preceding week (or such lesser period). If satisfied the Client will sign the time sheet or written record to verify the number of hours worked by the Locum during that week and agrees to submit the record to the Agent so that payment may be made. For the avoidance of doubt and for the purpose of the Working Time Regulations, the Temporary Worker’s working time shall only consist of those periods during which he is carrying out his activities or duties for the Client as part of the Assignment. Time spent travelling to the Client’s premises; lunch breaks and other rest breaks shall not count as part of the Locum’s working time for these purposes. For the purpose of calculating the average number of weekly hours worked by the Temporary Worker, the start date for the relevant averaging period under the Working Time Regulations shall be the date on which the Locum commences the assignment.
Statutory
Leave
For the purpose of
calculating entitlement to leave under this clause, the leave year commences on
1st April. Under the Working Time Regulations, the Locum is entitled
to 28 days leave per year, this includes the minimum statutory holiday
entitlement of 20 days and 8 days public and bank holidays. In any event, all entitlement
to leave must be taken during the course of the leave year in which it accrues
and none may be carried forward to the next year.
Entitlement to paid leave
accrues in proportion to the amount of time worked by the Locum on assignment
during the leave year. The amount of the payment to which the Locum is entitled
in respect of such leave is calculated in accordance with and in proportion to
the number of hours, which he works on Assignment. Payments for annual leave
will be calculated on basic hours at basic rates of pay. Overtime rates are not
used in the calculation of holiday pay.
Where a Bank holiday or
public holiday falls during an Assignment and the Locum does not work on that
day, the public holiday shall count as part of the Temporary Worker’s paid annual
leave entitlement. For self-employed workers or workers who do not have their
National Insurance contributions deducted by the Agency; holiday pay is paid by
the organisation or company responsible for the deduction of their National
Insurance contribution.
The Employment Business will
pay the Locum at the agreed rate for each hour worked by the Locum with the
Client, subject to deductions for National Insurance, PAYE Income tax and any
other deductions, which the Employment Business is required by law to make. Any
alternative Assignments undertaken by the Locum will be paid at an hourly rate
to be determined by the Employment Agency and will be no less than the minimum
living wage. These fees are to be paid, every Friday of the month, subject
to delivery of the Locum’s timesheets to the Employment Business at least by
end of the business day every Monday of the same week that the payment is due.
Training Costs
Ordinarily, you are
responsible for your own training costs, from time to time the Employment Business
may pay for your training and where this happens, the Employment Business will
retain the certificate in our possession and you agree that the Employment Business
is entitled to recover from you any and all training costs incurred by the Employment
Business towards your training, if you were to request for a copy of your
training certificates. The training provided is with the understanding that the
Employment Business will have full benefit/enjoyment of your training for its entire
duration, for example, if it is a training that lasts for a year, should you
decide to leave the Employment Business any time before the certificate
expiration date, you will be liable to repay the full amount of all costs
incurred and associated with this training. These deductions will be made from
your final salary or any outstanding payments due to you. ?
Pension
The Employment Business uses
NEST (National Employment Savings Trust) as its preferred pension provider. Subject
to qualifying eligibility criteria, (the Locum`s age and annual wage are
determining factors to being automatically enrolled) the Locum will be
automatically enrolled as a member of this scheme. If the Locum wishes to
opt-out of the scheme they must follow the instructions provided to them by NEST,
shortly after the Locum has been automatically enrolled. The Locum will be
required to make a contribution toward their pension and the Employment
Business will make a contribution too. The level of contribution will increase
gradually over the coming years as shown in the table below,
|
Employment Business |
Locum |
Before 05 April 2018 |
1% |
1% |
06 April 2018 – 05 April
2019 |
2% |
3% |
06 April 2019 |
3% |
5% |
*Dates are subject to change.
*The Employment Business does
not provide financial advice, as such you must seek advice from NEST or any
suitably qualified financial advisor.
Obligations
of the Locum
The Locum agrees with the
Employment Business that the Locum will, as the subcontractor of the Employment
Business, provide such services to the Client as the Employment Business may
from time to time require, and the Employment Business agrees to accept such services
from the Locum for the Duration of each Service Period upon the Terms and
Conditions contained in this Part II.
The Locum agrees that once he
has been offered an assignment and agrees to it, he must fulfil his obligation
in commencing the assignment at the specified time and date. If in doubt about the
assignment the locum may not agree to take up an assignment from time to time.
Once the Locum agrees to an
assignment the Employment will confirm this by phone or text from the booking system
or dedicated company mobile phone. If the Locum does not receive the confirmation
this does not in any way reduce or alter the Locums obligation to attend and
complete the assignment at the specified time. In exceptional circumstances,
the Locum may request an alteration to the terms of an assignment or even the cancellation
of an assignment. If such an alteration or cancellation is agreed to by the
Employment Business, the Locum must ensure that details of the alteration or
cancellation are obtained in writing from a Director of the Employment
Business. Cancellations by Locum of an assignment booked in advance shall be a
minimum of 24 hours before commencement of the assignment. A maximum of 3 (three ‘No Shows’) in any
calendar year shall constitute Gross Misconduct and may result in termination
of this agreement.
The Locum will provide the
service in a professional manner with reasonable care and skill and to the best
of his/her ability.
The Locum agrees with the
Employment Business to observe throughout each Service Period the reasonable
directions of the Client in connection with the provision of the Services
(including any such direction as to the hours during which the Services are to
be provided and type of dress of the Locum) and to provide the services under the
supervision and control of the Client and in accordance with the Terms and
Conditions of this part of the Agreement and with the terms of the Agreement between the Employment Business and
Clients in respect of the services. Where Locum is assigned to Employment Business’
clients who have more than one unit, the client may at its absolute discretion
vary unit assigned without reference to Employment Business, Locum shall be
bound by such variations. The Locum shall
observe professional boundaries at all times and will not engage in any conduct
detrimental to the interests of the Employment Business.
The Locum provides services
to the Client as A subcontractor for the Employment Business and, only
undertakes such assignments through the Employment Business. It is agreed that
the Locum will not undertake at any time, the same said assignment through
another Employment business, Agency or directly through the client for a period
of six months after completing an assignment arranged by the Employment Business,
unless a director of the Employment Business confirms otherwise in writing.
The Locum promises and hereby
confirms to the Employment Business that the details supplied to the Employment
Business on his behalf are full and accurate in all material respects. Copies of
two most recent references, relevant qualifications, registration certificates
and current insurance certificates where applicable, will be provided by the
Locum to the Employment Business prior to each Service Period commencing. The Locum
will take originals of all the above documents and passport/ work permit to
every Booking and show them to the Client. The Employment Business reserves the
right to submit all, or any part of, the information contained in reference to the
Client.
The Locum must inform the Employment
Business of any situation which has resulted in his/her suspension or dismissal
from any Client or similar body and of any complaints made against the Locum to
the Locum’s professional body.
It is the Locum’s
responsibility, if not a UK resident, to ensure that he/she meets all the requirements
of the UK to allow such individuals to undertake work in the UK throughout each
Service Period. The Locum agrees to inform the Employment business in writing
of his/her health status, and of any unusual symptoms in relation to special
concerns raised by Clients or identified by the Department of Health from time
to time. The Locum agrees to inform the Employment Business of any restrictions
imposed by the law upon the Locum, which would affect work undertaken.
The Locum and Employment
Business agree that accommodation charges, meals and telephone services,
together with travel Expenses, where arranged, will not be the responsibility
of the Employment Business and will be settled directly between the Locum and the
Client. Any travel payments made to the Locum because of a travel claim
presented by the Locum are only made on the understanding that these are paid
as advances and as such are fully reclaimable if subsequently the travel claim
is not paid by the client for whatever reason. The Locum and the Employment Business
agree that the Employment Business shall be entitled to deduct from any moneys
payable to the Locum hereunder or from any other payment due to the Locum from
the Employment Business, all sums which may be due from the Locum to the Employment
Business howsoever incurred or arising.
The Locum agrees to undertake
negotiations regarding any financial aspect of any booking directly and only
with the Agency.
The Agency does not accept responsibility
for any personal injury or damage sustained by the Locum, whilst on the
premises or property of any Client, whilst acting on the instructions of any
Client, or whilst travelling to or from the premises or property of any Client.
Termination
of Contract
Either
Party may terminate this Agreement at any time without notice and without
giving any reason for such termination.
This
Agreement shall terminate, notwithstanding any other rights and remedies the
Parties may have, in the following circumstances:
either party fails to comply
with the terms and obligations of this Agreement and such failure, if capable
of remedy, is not remedied within 7 days of written notice of such failure from
the other Party.
Post
Termination
The Locum and Employment Business covenant that the Locum shall not, having first been introduced to the Client by the Employment Business, accept work directly or indirectly from any agency that provides a similar service to the Client or is in competition with the Employment Business for a period of six (6) months after termination.
Terms and Conditions of Business - - Part 3 General
These Terms are governed by
the law of England & Wales and are subject to the exclusive jurisdiction of
the Courts of England & Wales.
Any notice required by Part I
or Part II of this Agreement to be given by any party to another shall be in
writing and should by first class recorded mail to the last known address of
each party.
The terms and conditions
contained in Part I, Part II and Part III hereof shall be deemed to have been
agreed by the Client, as a result of the Client notifying the Employment
Business that the Client wishes the Employment Business to provide a Locum to
the Client for the provision of Services to it.
Where any of the Terms and Conditions
in Part I, Part II and Part III hereof are inconsistent with any Terms and
Conditions of the Client, (in respect of the provision of the Services) then
the said Terms in those Parts shall prevail including any provision in the Client’s
own Terms and Conditions of the similar effect which shall be of no effect
whatsoever.
The Terms and Conditions
contained in Part I, Part II and Part III hereof shall be deemed to have been
agreed by the Locum, as a result of the Locum agreeing to perform the Subcontracted
Services at the time of the Booking.
The Employment Business
cannot accept responsibility for any loss or claim that might arise in respect
of the Locum’s work in the Service Period, or any loss or claim that may arise
due to a Locum being unable to provide all or any of the Services in any Service
Period for whatever reason.
The Employment Business
reserves the right to alter its standard terms of business at any time, whilst
each of these terms and conditions are considered to be reasonable in all the circumstances
as at the date of this statement if any
one or more of such terms and conditions shall be judged to be void as going
beyond what is reasonable in all the circumstances for the protection of the
legitimate business interests of the Company
but would be valid if the period of restriction was reduced and/or the range of
activities reduced and/or the area to which the restrictions relates was
reduced the terms and conditions shall be deemed to apply with such modification(s)
as may be necessary to make them valid and effective and any such modification
of one term or condition shall not affect the validity of any other term or
condition contained in this statement.