DEFINITIONS

In these Terms and Conditions the following definitions apply: –

“Assignment” means the period during which the Locum is supplied to render services to the Client;

“Client” means the person, firm or corporate body requiring the services of the Locum together with any subsidiary or associated company.

“Employment Business” means Key Locums of 11 Caroline Point, 62 Caroline Street, Birmingham B3 1UF;

“Locum” refers to the healthcare professional in question;

"Engagement" means any employment or use of the Locum on a permanent or temporary basis, whether under a contract of service or for services; an agency, license, franchise or partnership arrangement; or any other engagement;

Unless the context otherwise requires, references to the singular include the plural.The headings contained in these Terms are for convenience only and do not affect their interpretation.

1. CONTRACT WITH LOCUMS

1.1. THE CONTRACT

These Terms constitute a contract for services between the Employment Business and the Locum and they govern all Assignments undertaken by the Locum. However, no contract shall exist between the Employment Business and the Locum between Assignments. For the avoidance of doubt, these Terms shall not give rise to a contract of employment between the Employment Business and the Locum. The Locum is engaged as a self-employed worker and undertakes to account to HM Customs and Revenue for any statutory deductions due from his/her remuneration in accordance.

1.2. UNDERTAKING BY THE LOCUM

The Locum warrants to the Employment Business that by entering into and performing his/her obligation under this Agreement s/he will not be in breach of any obligation which s/he owes to  any third party. The Locum warrants that s/he has the necessary skills and qualifications to perform the Assignment. The Locum has current valid registration with the appropriate authorities to conduct such duties and is not in any breach of contact with them. The Locum is in good health and has no reason to believe by working s/he would be putting patients at risk. To clarify, the locum is up to date with his/her occupational health requirements for the clients, including e.g. hepatitis B vaccination. S/he will be able to prove evidence of this at short notice. 

1.3. ASSIGNMENTS

The Employment Business will endeavour to obtain suitable Assignments for the Locum. The Locum shall not be obliged to accept an Assignment offered by the Employment Business. The Locum understands that the nature of temporary work means that there may be periods when no suitable work is available and agrees: that the suitability of the work to be offered shall be determined solely by the Employment Business; that the Employment Business shall incur no liability to the Locum should it fail to offer opportunities to work in the above category or in any other category; and that no contract shall exist between the Locum and the Employment Business during periods when the Locum is not working on an Assignment. At the same time as an Assignment is offered to the Locum the Employment Business shall inform the Locum of the identity of the Client, and if applicable the nature of their business; the date the work is to commence and the duration or likely duration of the work; the type of work, location and hours during which the Locum would be required to work. If, before the first Assignment, during the course of an Assignment or within the Relevant Period the Client wishes to employ the Locum direct or through another employment business, the Locum acknowledges that the Employment Business will be entitled to charge the Client a fee of £5000 or 20% of any immediate, past or future payment to the Locum, whichever is the greater. In addition the Employment Business will be entitled to charge a fee to the Client if the Client introduces the Locum to a third party who subsequently engages the Locum within the Relevant Period.

1.4. TIMESHEETS AND INVOICING

Upon completion of the Assignment or by the next Monday (0900 hrs) of the Assignment the Locum shall deliver to the Employment Business his/her completed timesheet for the amount due from the Employment Business to the Locum. The Locum shall obtain the signature of an authorised representative of the Client on the timesheet as verification of the working time for which payment is claimed. Where the Locum fails to submit a properly completed verification of time worked the Employment Business shall, in a timely fashion, conduct further investigations into the working time claimed by the Locum and the reasons that the Locum has failed to produce such verification. This may delay any payment due to the Locum. The Employment Business shall make no payment to the Locum for work not carried out. The Employment Business shall not be obliged to pay any fees to the Locum unless a timesheet has been properly submitted by the Locum.

1.5. FEES

The Employment Business shall pay to the Locum in accordance with his/her timesheet submitted. Payments will be made to the Locum gross, that is without deductions in respect of National Insurance or PAYE or Class 1 National Insurance Contributions. The Locum is not entitled to receive payment from the Employment Business or Clients for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason. For the avoidance of doubt the Locum is not an employed earner for the purposes of claiming any social security benefit from either the Employment Business or the Client including but not limited to Statutory Sick Pay, Statutory Maternity Pay, Statutory Adoption Pay and Statutory Paternity Pay.

1.6. CONDUCT OF ASSIGNMENTS

The Locum is not obliged to accept any Assignment offered by the Employment Business but if s/he does so, during every Assignment and afterwards where appropriate, s/he will: –

a) have reasonable autonomy in relation to determining the method of performance of his/her services but in doing so shall co-operate with the Client and comply with all reasonable and lawful rules and regulations of the Client’s establishment (including normal hours of work) to which attention has been drawn or which the Locum might reasonably be expected to ascertain; b) Take all reasonable steps to safeguard his or her own health and safety and that of any other person who may be present or be affected by his or her actions on the Assignment and comply with all of the Health and Safety policies and procedures of the Client, including up to date occupational health status; c) Not engage in any conduct detrimental to the interests of the Client; d) Not at any time divulge to any person, nor use for his or her own or any other person’s benefit, any confidential information relating to the Client’s or the Employment Business’ employees, business affairs, transactions or finances. e) The Locum shall bear the cost of his/her own training in order to perform his/her services.

If the Locum is unable for any reason to attend work during the course of an Assignment s/he should inform the Client and/or the Employment Business within thirty minutes of the commencement of the Assignment or shift. If, either before or during the course of an Assignment, the Locum becomes aware of any reason why he may not be suitable for an Assignment, he shall notify the Employment Business without delay.

1.7. LIABILITY

The Locum shall be fully liable for any loss, damage or injury to any party resulting from his/her negligent acts or omissions during the course of the Assignment. This includes dealing with complaints arisen either directly or indirectly due to the Locum. The Locum shall ensure the provision of adequate Professional Indemnity insurance and shall make available a copy of the policy to the Employment Business upon request.

1.8. TERMINATION

The Employment Business or the Client may terminate the Locum Doctor’s Assignment at any time without prior notice or liability. The Locum may terminate an Assignment at any time giving reasonable notice to the Client and Employment Business. If the Locum does not inform the Client or the Employment Business that s/he is unable to attend work during the course of an assignment his/her absence will be treated as termination of the assignment.

2. CONTRACT WITH CLIENTS

2.1. THE CONTRACT 

These Terms constitute the contract between the Employment business and the Client for the supply of the Locum’s services by the Employment Business to the Client and are deemed to be accepted by the Client by virtue of its request for Engagement of the Locum. Unless otherwise agreed in writing by the Employment Business, these Terms prevail over any terms of business or purchase conditions offered by the Client. 

2.2. CHARGES 

The Client agrees to pay the hourly charges of the Employment Business as notified at the commencement of the Assignment and as may be varied from time to time during the Assignment. The charges are calculated according to the number of hours worked by the Locum (to the nearest quarter hour). The charges are invoiced to the Client within 30 days of the assignment being completed and are payable within 30 days. The Employment Business reserves the right to charge interest on any overdue amounts at the rate of 5% per annum above the base rate.

2.3. TIME SHEETS 

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 Client shall sign the Employment Business' time sheet verifying the number of hours worked by the Locum during that week. Signature of the time sheet by the Client indicates satisfaction with the services provided by the Locum and confirmation of the number of hours worked. Failure to sign the time sheet does not absolve the Client's obligation to pay the charges in respect of the hours worked. 

2.4. INTRODUCTION FEES

The direct Engagement by a Client of a Locum introduced by the Employment Business, or the introduction by the Client of a Locum to any third party resulting in an Engagement (or, where applicable, if the Locum has become incorporated under a limited company, the Engagement of that limited company) renders the client to a immediate charge of £2500 or 20% of any past, immediate or future payment to the Locum, whichever is the greater.

2.5. LIABILITY

Whilst every effort is made by the Employment Business to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Locums and further to provide them in accordance with the Client's booking details, the Employment Business is not liable for any loss, expense, damage or delay arising from any failure to provide any Locum for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Locum. For the avoidance of doubt, the Employment Business is not liable for death, personal injury or any other claims or complaints arising from its own or the Locums negligence. Locum are workers for the Employment Business under contracts for services. They are not the employees of the Employment Business but are deemed to be under the supervision, direction and control of the Client from the time they report to take up duties and for the duration of the Assignment. The Client agrees to be responsible for all acts, errors or omissions of the Locum, whether wilful, negligent or otherwise as though he was on the payroll of the Client. The Client will also comply in all respects with all statutes including, for the avoidance of doubt, the Working Time Regulations, Health and Safety At Work Act etc, by-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the Client, including in particular the provision of adequate Employer's and Public Liability Insurance cover for the Temporary Worker during all Assignments. The Client shall advise the Employment Business of any special health and safety matters about which the Employment Business is required to inform the Locum. The Client will assist the Employment Business in complying with the Employment Business' duties under the Working Time Regulations by supplying any relevant information about the Assignment requested by the Employment Business and the Client will not do anything to cause the Employment Business to be in breach of its obligations under these Regulations. Where the Client requires or may require the services of a Locum for more than 48 hours in any week, the Client must notify the Employment Business of this requirement before the commencement of that week. The Client shall indemnify and keep indemnified the Employment Business against any costs, claims or liabilities incurred by the Employment Business arising out of any Assignment or arising out of any non-compliance and/or as a result of any breach of these Terms by the Client. 

2.6 TERMINATION

The Client undertakes to supervise the Locum sufficiently to ensure the Client's satisfaction with the Locum's standards of workmanship. If the Client reasonably considers that the services of the Locum are unsatisfactory, the Client may terminate the Assignment either by instructing the Locum to leave the Assignment immediately, or by directing the Employment Business to remove the Locum. The Employment Business may in such circumstances reduce or cancel the charges for the time worked by that Locum, provided that the Assignment terminates: - a) within five hours of the Temporary Worker commencing the Assignment where the booking is for more than seven hours; or b) within three hours for bookings of seven hours or less; and also provided that notification of the unsuitability of the Locum is confirmed in writing to the Employment Business within 48 hours of the termination of the Assignment. Any of the Client, the Employment Business or the Locum may terminate an Assignment at any time without prior notice and without liability. The Client shall notify the Employment Business immediately and without delay and in any event if the Locum fails to attend work or notifies the Client that s/he is unable to attend work for any reason.