Locum service terms and conditions (Locums)

The following terms and conditions set out the entire agreement between the Agency, PPLS, Brent House, 214 Kenton Road, Harrow HA3 8DJ, and the Locum. These Terms may only be varied by written confirmation, which is signed by the Agency and the Locum. In no circumstances shall a relationship of employer and employee arise between the Agency and the Locum under these terms. Locums are offered assignments as temporary workers only and there is no contract of service between the Agency and the Locum.

1. Definitions

   In these Terms and Conditions

   1. Agency shall mean PPLS.
   2. Locum shall mean the Work seeker.
   3. Client shall mean the Company providing the bookings.
   4. Term of Assignment shall mean the period during which PPLS supplies the services of a Locum to a Client.

2. Locum Requirements

   1. Before the Agency engages you it will be necessary for you to provide proof:
      1. of identity. Two forms of ID will be required such as a passport and UK driving licence and also proof of a UK address such as a bank statement or utility bill.
      2. that you have the relevant experience and qualifications and any authorisation which is necessary by any professional body or which is required by law, to work in the position which Clients of the Agency seek to fill. In addition, the Locum shall throughout the Term of Assignment be registered as a Member of the RPSGB and shall inform the Agency immediately of any circumstances that may affect the Locums membership of the RPSGB.
      3. that you have relevant professional indemnity insurance cover with a reputable insurance Company.
   2. It will further be necessary for you to provide two references which will be disclosed to the Client upon their request.

3. Nature and offer of work

   1. PPLS will operate as an employment Agency in relation to the Locum. for the avoidance of doubt, there will be no contractual relationship of employer and employee between the Agency and the Locum and to all intents and purposes, the Locum is considered self-employed.
   2. The Agency agrees that it will seek to find suitable bookings for the Locum provided that it is under no obligation to provide such work and the Locum is under no obligation to accept any bookings made by the Agency. The suitability of the booking shall be determined solely by the Agency and the Agency shall not have any liability to the Locum if it does not offer any opportunities for bookings in the category of work that the Locum holds himself/herself out as being suitable to carry out or in relation to any other work. No contract of employment shall exist and there shall be no continuity accruing during periods of bookings or when the Locum is in between Terms of Assignments.

   3. Where a booking is offered to the Locum, the Agency shall

      1. Advise the Locum of the Client, the position, the hours and place of work.
      2. Set out the rate of remuneration that will be paid by the Client on an hourly basis and any expenses which the Locum will be paid by the Client.
      3. Advise the Locum of any special requirements of the Client
      4. Advise the locum of any risks to health and safety known to the Agency (as advised by the Client) or any risk assessments carried out by the Client or other steps taken to prevent or control any risks.
      5. Where the Locum accepts a booking, this may be done in writing or verbally. The Agency will then proceed, on behalf of the Locum, to communicate acceptance of the booking to the Client. Once the details of the Locum are accepted by the Client, the Agency will communicate the booking to the Locum orally or in writing. At this stage, the offer of a booking becomes confirmed.
      6. The Agency shall issue to the Locum a booking confirmation either by email or SMS text message.
      7. For the avoidance of doubt unless otherwise advised the locum will be regarded as the Responsible Pharmacist for each booking.

4. Cancellation by the Locum

   1. If a Locum cancels a confirmed booking at any time within 14 working days of the commencement date of a booking, then unless the Locum is able to substitute another Locum registered with the Agency, (which substitution is agreed in writing by the Agency), he/she will be liable to a cancellation penalty charge of £30.00 payable to the Agency within 7 days of the cancellation being informed to the Agency.
   2. If cancellation of a confirmed booking occurs within 48 hours of the commencement date of a confirmed booking, then unless the Locum is able to substitute another Locum registered with the Agency, (which substitution is agreed in writing by the Agency), then he/she will be liable to a cancellation penalty charge of £60.00 payable to the Agency within 7 days of the cancellation being informed to the Agency.

5. Your Services

   1. By accepting an offer of a booking, the Locum has agreed, represented and warranted for the benefit of both the Agency and the Client that he/she
      1. has the relevant skills to carry out the services required by the Client
      2. will at all times provide his/her services to the Client at the standard of a reasonably qualified person
      3. has the requisite qualifications to carry out the services required by the Client and has provided the relevant documentary evidence as required above
      4. does not know of any reason why he/she cannot work for the particular Client or provide the services
      5. will comply with all Health and Safety policies and procedures of the Client and take all reasonable steps to safeguard his/her own safety and the safety of any other person who may be present or affected by his/her actions.
      6. will not engage in any conduct detrimental to the interest of the Client.
      7. will co-operate with the Clients' staff and accept the supervision and instruction of any responsible person within their organisation
      8. will not smoke on the Clients' premises except where it is expressly permitted to do so
      9. will wear any form of identification that the Client requires and display this on his/her clothing at all times whilst on the Clients' premises
      10. will, during the course of carrying out the booking, adhere to the terms of any generally accepted Codes of Professional Conduct that apply to the pharmaceutical profession.
      11. will keep confidential and not disclose to any person whatsoever any information which may come into his possession which relates the Client or the Clients employees, business affairs, transactions or finances including any information relating to a patient/customer's medical requirements or prescriptions other than information that is already in the public domain.
      12. will deliver up to the Client, at the end of each booking, all documents and other materials belonging to the Client (and all copies), which are in his/her possession including documents and other materials that he/she may have created during the course of the booking. The Client is the sole owner of any work product, including any intellectual property rights thereto created during the booking.

6. Duties to the Agency

   1. In the event that you become aware that you are, due to illness or an extraordinary and unforeseen event beyond your control, unable to attend a booking, you will inform us at the earliest opportunity and at least one hour before commencement of the booking to enable us to find replacement cover. You are also required to inform the Client's branch where you are due to attend. In all other circumstances, you are required to complete the booking. The Locum hereby acknowledges that it is unprofessional and not in accordance with the RPSGB's Code of Ethics to leave both the Client and its patients without sufficient cover of another qualified pharmacist, at short notice, for no valid reason.
   2. The Locum must disclose to the Agency any other assignment or work which he is offered by the Client or third party or any other work which he is undertaking during the booking.
   3. The Locum must disclose to the Agency any offer of employment made to and accepted by the Locum, which results either directly, or indirectly from an introduction made by the Agency and which offer of employment is made within the period of 6 months of such an introduction.

7. Payment

   1. Upon completion of the booking, the Locum shall provide a claim form (in the form required by the Client) direct to the Client detailing the specific information as requested. The Locum shall be paid directly by the Client and it will be the responsibility of the Locum to pay his own tax and National Insurance.
   2. Any dispute as to the amount of pay or any other matter relating to remuneration for the work done must be addressed directly to the Client.

8. Insurance

   1. Locums are required to have adequate professional indemnity insurance cover insurance whilst working with Clients of the Agency notwithstanding that Clients may have provision in their own insurance covering Locums. The Professional Indemnity Insurance cover must be with an insurance office of repute to cover liability for damages resulting from acts of negligence (including but without limitation dispensing errors or wrongful advice) howsoever arising from the performance of the Locums service' during a booking.
   2. The Locum hereby agrees to produce upon request to the Agency and/or the Client a copy of such professional indemnity insurance policy or policies and any relevant renewal receipts for inspection by the Agency and/or the Client
   3. The Locum agrees to indemnify the Agency and/or the Client or any third party against all liability loss damage and other expenses of any nature whatsoever incurred by PPLS, the Client or any third party as a result of the act of negligence by the Locum.

9. Jurisdiction

   These Terms shall be governed and construed In accordance with the Laws of England.