Our Terms & Privacy

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.

 

Payments

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.