In these Terms and Conditions (“Terms”) the following definitions apply:
These Terms are deemed to be accepted by the Client and incorporated into the contract for the hire of a Locum when any of the following events occur:
1.1 The Agency offers both temporary and permanent placements. A contract is established upon the Introduction or Supply of a Locum.
1.2 These Terms contain the entire agreement between the parties and prevail over any terms of business or purchase conditions put forward by the Client. No variation or alteration to these Terms shall be valid unless agreed in writing between both parties.
1.3 Use of the Platform constitutes acceptance of these Terms. The Agency may update these Terms from time to time; the current version will always be accessible via the Platform and included in booking confirmation emails.
The Agency will provide services to the Client in consideration for the Client paying the applicable charges as notified and agreed, subject to these Terms.
The Client agrees to verify and sign the Locum’s timesheets or hours-worked records on completion of each day, week, or month of an Assignment. Signature constitutes acceptance that the Locum has worked satisfactorily and serves as the basis for the Client’s direct payment to the Locum. Failure or delay in signing does not alter the Client’s liability to pay the Agency’s booking fees or the Locum’s direct earnings.
Whilst every effort is made by the Agency to ensure a reasonable standard of skills, integrity, and reliability from the Locum, the Agency does not accept any liability for loss, injury, damage, expense, or delay arising from or in any way connected with the Locum.
Locums supplied by the Agency are engaged under freelance contracts and are deemed to be under the direction, supervision, and control of the Client for the duration of the Assignment.
The Client will advise the Agency of any health and safety matters and professional requirements before engaging the Locum.
The Client will indemnify the Agency against any costs, claims, or liabilities arising out of the acts or omissions of a Locum or the Client’s breach of these Terms.
8.1 Introduction Definition: An “Introduction” is deemed to have occurred when the Agency provides a Locum’s name, CV, or any identifying details to the Client via any communication channel, including the Platform.
8.2 Exclusivity Period: Following an Introduction, the Agency shall be entitled to fees for all subsequent engagements of the Locum by the Client within the Protected Period (as defined in Clause 11.1), regardless of the method of booking.
8.3 Third-Party Platforms: The fee remains payable if a Locum previously introduced by the Agency subsequently applies to the Client or is booked via:
8.4 Notification Requirement: If a Locum introduced by the Agency approaches the Client via a third-party portal or directly, the Client agrees to notify the Agency immediately.
9.1 Locum/Agency Cancellation: Once an Assignment is confirmed, the Locum is expected to honour the booking. If the Locum needs to cancel, they are required to provide as much notice as possible to allow the Agency to source a replacement.
9.2 Client Cancellation: The Client may cancel a confirmed Assignment. Once a Locum name has been confirmed, a non-refundable administration fee of £7.50 (+ VAT) may be applied at the Agency’s discretion. Any cancellation made with less than 24 hours’ notice may incur the full Booking Fee as set out in Clause 10.1, at the Agency’s discretion. VAT will apply where applicable.
9.3 Failure to Attend: The Client shall notify the Agency within 24 hours if the Locum fails to attend work.
9.4 Locum Breach and Recovery of Costs: If a Locum fails to attend a confirmed Assignment or cancels with less than 24 hours’ notice (excluding genuine emergencies supported by evidence), the Locum shall be deemed in breach of contract. The Agency will assist the Client in pursuing the Locum for any direct additional costs incurred, specifically the price difference between the original agreed rate and the cost of an emergency replacement, plus any documented loss of pharmacy service income.
Invoices are due within 15 days of receipt. The Agency reserves the right to charge statutory interest on overdue sums under the Late Payment of Commercial Debts (Interest) Act 1998 and any other applicable statutory late payment penalties.
10.1 The Client will pay an introduction fee to the Agency in respect of each Locum engaged:
10.2 Introduction and/or supply fees are applicable for each individual engagement or shift arranged and confirmed by the Agency.
10.3 If the Client engages a Locum directly without notifying the Agency, this is treated as a Permanent Engagement under Clause 11, and the full Release Fee becomes immediately payable.
10.4 Payment Disputes: If the Client wishes to dispute an invoice, they must notify the Agency in writing within 7 days of receipt, setting out the grounds for dispute. Undisputed amounts remain payable within the 15-day period. The Agency will acknowledge and respond to all valid disputes within 10 working days. Invoices not disputed within 7 days are deemed accepted.
11.1 Release Fee: If the Client engages a Locum directly — whether as a permanent employee, fixed-term worker, or direct-pay locum — who was introduced or supplied by the Agency, a Release Fee of £2,500 + VAT is immediately payable per Locum.
This fee applies during the Protected Period, which runs until the later of:
Where there has been a gap of more than 42 days between Assignments, the 14-week period resets and runs again from the start of the next Assignment. This is in accordance with Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
11.2 Extended Hire Option: As a statutory alternative to the Release Fee, the Client may hire the Locum through the Agency for 14 continuous weeks at the agreed rate per shift. The Client must provide the Agency with 7 days’ prior written notice of their intention to hire the Locum directly or elect for the Extended Hire period. If the Locum is engaged directly without such notice, the Release Fee in Clause 11.1 is payable immediately.
11.3 Commitment: The Extended Hire option is conditional upon the Client offering the Locum a pattern of work consistent with the average weekly shifts worked during the 4 weeks preceding the request. If the Client fails to offer such shifts, or engages the Locum directly before the 14 weeks expire, the full Release Fee becomes payable.
11.4 Third-Party Referrals: If the Client introduces a Locum supplied by the Agency to a third party (outside their own company), and this results in an engagement, the Client is liable for a fee of £2,500 + VAT.
12.1 Introduction Fee: An “Introduction” is deemed to have occurred when the Agency provides the Client with any information identifying a candidate. If the Client engages a candidate introduced by the Agency for a permanent or fixed-term position within 12 months of that Introduction, a fee of 10% of the first year’s gross annual salary (+ VAT) is payable. This fee applies regardless of whether the candidate also applied directly or through another source after the Agency’s Introduction.
To qualify for a rebate, the Client must pay the placement fee within 30 days of invoice. If that condition is met and the candidate subsequently leaves or is dismissed within the following periods from their start date, the rebate below applies:
13.1 No rebate is due if the candidate was made redundant or if the Client failed to provide a suitable working environment.
14.1 Employment Agency Status: For Assignments involving delivery, driving, or courier services (“Locum Drivers”), the Agency acts strictly as an Employment Agency under the Employment Agencies Act 1973. The Agency introduces independent freelance Locum Drivers and does not manage their ongoing payroll or employment status.
14.2 Direct Locum Payment: The Client shall pay the Locum Driver directly for all hours worked, based on the direct invoice issued by the Locum Driver, including any agreed mileage or fuel expenses.
14.3 Agency Booking Fees: The Client agrees to pay the Agency an introduction/booking fee for each driver shift arranged, in accordance with Clause 10.1. If the Client engages a Locum Driver directly outside of an Agency booking, this is treated as a direct engagement under Clause 11, and the Release Fee or Extended Hire Option shall apply in full.
14.4 Cancellations: If a confirmed Locum Driver cancels an Assignment, the Agency will use its best endeavours to source a replacement. Because Locum Drivers are engaged directly by the Client, the Agency cannot guarantee attendance and accepts no liability under Clause 4 for any financial loss, missed deliveries, or damages resulting from driver cancellation or delay.
14.5 Vehicle Compliance & Insurance: The Locum Driver provides their own vehicle. The Client is solely responsible for directing daily routes and tasks, and must verify before the Assignment commences that the Locum Driver holds: a valid driving licence; active Hire and Reward commercial vehicle insurance; and Goods in Transit insurance.
Each party undertakes not to disclose confidential information concerning the business of the other party for a period of five years after termination of the relationship.
Both parties will comply with all applicable data protection legislation, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
If any provision of these Terms is found to be unlawful or unenforceable by a court of competent jurisdiction, that provision will be severed without affecting the validity and enforceability of the remaining provisions.
These Terms apply to all staffing disciplines supplied by the Agency, including pharmacy, optical, and care home staff. Where specific regulatory requirements apply to a discipline (including but not limited to GPhC registration for pharmacists or GOC registration for optometrists), the Client remains responsible for verifying the Locum’s compliance with those requirements before engagement.
The Client’s request for, or acceptance of, the Agency’s services, or the engagement of a Locum, constitutes their unqualified acceptance of these Terms and Conditions.
These Terms are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales. The parties agree that all notices and legal proceedings may be served by email to the last known business email address.