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 the Locum when any of the following events occur:
1.1 The Agency offer both temporary and permanent placements to clients
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 will be valid unless agreed between the Agency and the Client and set out in writing with a copy of the varied terms being provided to the Client stating the date on or after which those varied terms will apply.
The Agency will provide services to the Client in consideration for the Client paying the applicable charges (as notified to and agreed with the Client), subject to the Terms.
The Client agrees to verify and sign the Locum’s timesheets on completion of each week of an Assignment (or at the end of the Assignment if this is less than a week). Signature of such timesheets by the Client constitutes acceptance that the Locum has worked satisfactorily for the hours indicated on the timesheet. If the Client disputes the hours claimed by the Locum, the Client will inform the Agency as soon as is reasonably practicable and co‐operate fully with the Agency to enable the Agency to establish what hours, if any, were worked by the Locum. Failing to sign the timesheet does not alter the Client’s liability to pay the charges to the Agency in respect of the hours worked. The Client will not be entitled to decline to sign a timesheet on the basis that it is dissatisfied with the work performed by the Locum.
Whilst every effort is made by the Agency to give satisfaction to the Client by ensuring a reasonable standard of skills, integrity and reliability from the Locum, and further to provide them with the booking details of the assignment, the Agency does not represent, warrant or undertake to find a suitable Locum for each vacancy notified to it by the Client. Further, the Agency does not accept any liability for loss, injury, damage, expense or delay arising from or in any way connected with:
4.1 For the avoidance of doubt, the Agency will search for the registration number and take up further ID checks, if need be. If the locum’s registration number has lapsed and they haven’t informed The Agency, the responsibility lies solely with the locum.
4.2 The total liability of the Agency under or in connection with these Terms whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever will not exceed the total charges or fees paid or due to be paid by the Client to the Agency under these Terms in the 12 month period during which the liability arises.
4.3 Neither party will be liable to the other for any indirect, special or consequential loss.
Locum's supplied by the Agency are engaged under freelance contracts for their services and are deemed to be under the direction, supervision and control of the Client from the time the Locum reports to take up duties and for the duration of the Assignment.
The Client will advise the Agency of any special health and safety matters about which the Agency is required to inform the Locum and about any requirements imposed by law or by any professional body which must be satisfied if the Locum is to fulfil the Assignment, and to include necessary qualifications, professional memberships, hours of work, place of work, etc. The Client will, if necessary, assist the Agency in complying with its duties under the Working Time Regulations and will not do anything to cause the Agency to be in breach of its obligations under those Regulations. Where the Client requires or may require the services of a Locum for more than 48 hours in any week, the Client will notify the Agency of this requirement before the commencement of that week.
6.1 The Client with the consent of the Locum shall be responsible for taking up any references before engaging the Locum. The Client is solely responsible for obtaining work permits and/or any other permits, for the arrangement of any medical examinations and/or investigations into the medical history of the Locum, and for ensuring that the Locum satisfies any medical and other requirements or qualifications required by law.
6.2 In providing the Client with a curriculum vitae, the Agency does not accept any responsibility whatsoever for any information or representation concerning any Locum, to include age, capability, or suitability of any applicant. No warranty or representation is made in respect of any Locum's suitability to accept an offer of engagement by the Client.
The Client will indemnify and keep indemnified the Agency against any costs, claims or liabilities incurred by the Agency and its employees arising out of:
that arises directly or indirectly out of or in any way connected with the introduction, engagement or use of a Locum, the withdrawal by the Client of a vacancy, any information supplied by the Client to the Agency or the Client's breach of these Terms.
The agency shall not be liable for any loss, material or otherwise, resulting from a locum cancellation.
Either the Agency or the Locum may terminate an Assignment at any point before the Assignment, unless the locum has a genuine emergency, and can provide proof thereof. In the event of an emergency cancellation, the Agency will notify the client and endeavour to find a replacement immediately. The Client shall notify the Agency immediately and without delay (and in any event within 24 hours) if the Locum fails to attend work or has notified the Client that the Locum is unable to attend work for any reason.
In the event of the engagement, employment or use (whether by the Client or any third party) on a permanent, temporary basis, or emergency (whether by the day before or on the day of the vacancy), and whether under a contract of service or for services, an agency, licence, franchise or partnership arrangement, or any other engagement of a Locum supplied or introduced by the Agency within the duration of the Assignment, the Client shall be liable to a charge either to an extended period of hire or transfer fee within 30 days of receipt of an invoice if later.
9.1 The Client will pay an introduction fee to the Agency in respect of each Locum engaged by the Client. The introduction fee will be as follows, unless agreed otherwise:
9.2 The payment of the introduction fees will be made by the Client to the Agency 30 days from the date of the Agency's invoice, unless agreed otherwise.
9.3 The introduction fee charged for the introduction of any Locum for an engagement is applicable for one engagement/shift only. For each additional engagement/shift carried out by a Locum, a further introduction fee will be payable at the advance rate set out above 9.1(a).
a. Introduction fees are for the introduction of Locum's only and do not include any salary due to any Locum. Unless the Locum is genuinely self-employed, it is the Client's & the locum’s responsibility to account for any tax and national insurance contributions attributable to the Locum.
9.4 The locum booking fees are payable both in respect of each pharmacy attended by that Locum and for each day or part thereof that the Locum works for the Client.
9.5 If a client wishes to re-engage with a locum introduced by the agency, it must do so by contacting the agency first prior to making any booking commitments. If the Client approaches the Locum directly with an offer of work, both the Locum & Client will notify the Agency who will be entitled to charge their standard commission for such a booking. The Client accepts that any booking having been accepted by a locum through The Agency implies exclusivity and any future booking with that locum will be made via The Agency.
9.6 The Agency reserves the right to recover, at any point, any fees owed to it from the Client, for any locum who was booked directly by the Client after the Agency's introduction.
9.7 When engaging with a permanent applicant, if any of the starting salary is guaranteed for a period of fewer than 12 months, then the hire or transfer fee shall be taken to be the annualised value of the applicant’s remuneration for the period for which the engagement is anticipated to last.
9.8 The hire or transfer fee is exclusive of Value Added Tax, which will be added at the appropriate rate. This applies both for Locum and permanent applicant fees.
To qualify for the following rebate scheme, the Client must pay the Agency’s fee within 30 days of the date of the invoice and must notify the Agency in writing of the termination of the engagement within 7 days of its termination.
10.1 If a permanent applicant ceases to be engaged by the Client within 3 months of the date of commencement of the engagement, then a rebate of the introduction fee will be paid in accordance with the scale detailed in below.
| Period of Employment | Percentage Refund |
|---|---|
| Up to 2 weeks | 100% refund |
| Up to 4 weeks | 60% refund |
| Up to 6 weeks | 40% refund |
| Up to 8 weeks | 30% refund |
| Up to 10 weeks | 20% refund |
| Up to 12 weeks | 10% refund |
There is no rebate for locum engagement fees.
Contingency upon placement: £4,000
Each party undertakes that it shall not at any time during the application of these Terms, and for a period of five years after termination, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted by and required by law, a court of competent jurisdiction or any governmental or regulatory authority. Neither party shall use the other party's confidential information for any purpose other than to perform its obligations hereunder.
The Agency and the Client agree that if any time during the Assignment they process personal data (whether relating to the Locum or Clients of the Agency) they will at all times comply with all applicable data protection legislation, including the Data Protection Act 2018.
If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and will not in any way affect any other circumstances of or the validity or enforcement of these Terms.
The acceptance of the services of any person introduced to the Client by the Agency shall be deemed to be acceptance by the Client of the Terms & Conditions and Tariff of the Agency then in force.
These Terms (and any dispute or claim arising out of or in connection with them) are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.