TERMS AND CONDITIONS OF BUSINESS FOR GENERAL PRACTICES
1.1 In these Terms and Conditions the following definitions apply:-
– means the period during which the Locum Healthcare Professional is engaged to render services to the Client.
– means the person, firm or corporate body requiring the services of the Locum Healthcare Professional, together with any subsidiary or associated company as defined by Companies Act 1985.
– CliniCall CiC of Suite 669 Kemp House, 152-160 City Road, London, EC1V 2NX.
– means Temporary Worker
1.2 Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.
1.3 Any reference to the Working Time Regulations 1998 applies to Locum Healthcare Professional none-training grades, Staff Grade, Clinical Assistant and Consultant level.
1.4 The headings contained in these Terms are for convenience only and do not affect their interpretation.
2. THE CONTRACT
2.1 All bookings will be confirmed by the Employment Business with the Practice Manager or equivalent, when a suitable Healthcare Professional has been assigned to the Locum.
2.2 The Client agrees to pay the hourly charges at the appropriate rates. These charges may vary from time to time and will take effect from the date of any variation.
2.3 The payment term of the Employment Business is 14 days from the date of invoice. The Employment Business reserves the right to impose a surcharge on late payments and interest will be charged on a daily basis at the rate of 3% over base rate against the outstanding invoice(s) until cleared funds are received. If the Client has any queries regarding an invoice, the Employment Business must be notified in writing within 14 days from the date of the invoice. If the Employment Business does not receive such notification within this specified period, the Client will be expected to pay the amount invoiced.
2.4 The Employment Business assumes responsibility for its Temporary Employees with regard to the payment of wages and deduction of statutory contributions in respect of Income Tax and National Insurance.
2.5 Unless specifically agreed in writing by the Client, Locums are responsible for their own telephone bills, meals, accommodation and any other charges, which should be settled prior to leaving the Practice and the Client is responsible for collecting any such monies. The Employment Business is not responsible for any debts that may be incurred by the Locums or collection of such monies.
2.6 The Locum Healthcare Professional’s travel expenses will be negotiated with the Practice Manager prior to the commencement of the Assignment by the Locum Healthcare Professional and charged to the Practice accordingly.
3.1 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 is completed before the end of the week) the Client shall sign the timesheet verifying the number of hours worked by the Medical Practitioner during that week.
3.2 Signature of the time sheet by the client indicates satisfaction with the services provided by the Medical Practitioner of the number of hours worked. Failure to sign the time sheet does not absolve the Clients obligation to the pay the charges in respect of the hours worked.
4.1 In the event of the need to cancel a locum, the Employment Business requires it’s clients & Locums to follow any relevant processes. A cancellation form is supplied with any bookings/confirmations, which must be completed and sent to CliniCall, should a cancellation be needed.
4.2 In the case of cancellation by the Client subsequent to acceptance but prior to commencement of Booking, the Employment Business will charge the Client a 50% Cancellation Fee on bookings cancelled without 48 hours notice. In the case of cancellations made within only 24 hours of the Locum, the fee will be 100% of the booking charge. All notifications of a cancellation should be made within the Normal Working Hours following the correct process (Normal Working Hours are defined as 8.00 am – 6.00pm, Monday to Friday).
4.3 In the case of cancellation by the Client during the Locum, a notice of 48 hours is required or a 50% charge will be levied in compensation for the remaining period of the Locum.
4.4 In the case of bookings for a period of 1 month or more, a minimum of 1 week’s notice is required or a charge of 1 week in lieu of notice will be levied.
5. PROFESSIONAL ELIGIBILITY
5.1 The Employment Business will ensure Locums are registered with the GMC and advise whether they are covered by MDU/MPS/MIA.
5.2 If working for the NHS, the Locum is covered by Crown Indemnity. If the Locum is working for any other organization or in General Practice through the Employment Business, he/she is required to have Professional Indemnity Insurance and it is the Locum’s duty to arrange this for the duration of any non-NHS work. The Employment Business will not be held liable for any breach / negligence resulting from the above.
5.3 The Employment Business holds satisfactory references for all Doctors placed in Locum Positions. References and other information supplied by the Employment Business of the Client are given in strict confidence and must not be disclosed to any Third Parties.
6. INTRODUCTION FEES
6.1 The engagement or use by a Client of any Healthcare Professional introduced by the Employment Business, whether for a definite or indefinite period on a Temporary or Permanent basis or the introduction of any “Agency Healthcare Professional(s)” to another employee which subsequently results in their engagement or transfer of assignment to another Agency, subjects the Client to an Introduction Fee of 25% of the proposed annual salary. No refund of the fee will be made by the Employment Business o the Client in the event of the subsequent termination of the engagement. The fee is payable irrespective of who made the initial contact. i.e. the Client, another Employer or Healthcare Professional.
6.2 Within 6 months of the expiry date of the last assignment with the Client, the Client can
employ the Locum directly ONLY after written agreement from the Employment Business and in such a case the Client will be charged an introductory fee of 25% of the annual salary of the locum. If the employment goes ahead without such an agreement from the Employment Business then the Employment Business reserves the right to charge an introduction fee which is 50% of the annual salary of the Locum.
7. CONDUCT OF ASSIGNMENT
7.1 Employee(s) provided by the Employment Business are deemed to be under the supervision, direction and control of the Client from the time the Employee(s) reports to take up his/her duties and for the duration of the Assignment. The Client agrees to treat these Locum(s) as though they were on the payroll of the Client and further more will comply with all the statutes, by-laws and legal requirements to which the Client is ordinarily subject to in respect of its own staff, excluding payment of wages. In particular, the Client undertakes to provide adequate Employer’s and Public Liability cover for the Locum during all assignments. The Client assumes full responsibility for all acts and omissions of the Healthcare Professional, howsoever caused and will be vicariously liable for such acts and omissions. The Employment Business does not give instructions regarding the way in which the Locum should carry out their duties.
8.1 If the Client considers an Employee assigned by the Employment Business to be unsatisfactory, the Employment Business should be advised immediately and subsequently notified in writing. Any notification shall contain sufficient details of the matter or matters. In such cases the Employee may be asked to leave the Assignment and the Employment Business will retain the booking supplying a replacement Locum. The Employment Business may reduce or cancel the charge for such Employees.
8.2 Whilst every effort is made by the Employment Business to provide satisfactory service to the Client by ensuring reasonable standards of skill, integrity and reliability from Locum(s), no liability will be accepted by the Employment Business for any losses, expenses, damages or delays arising from any failure to provide any particular Locum(s) for all or part of the period of the booking or from the negligence, dishonesty, misconduct or lack of skill, qualification or experience of the Locum(s) provided. The Employment Business accepts no liability for any losses or expenses incurred by the Client in the event of delay or failure to attend on the part of the Locum(s).
8.3 The Client shall indemnify and keep indemnified the Employment Business against any losses, damages, expenses, costs, claims or liabilities incurred by the Agency arising out of any act or omission by Locum(s) supplied through the Employment Business.
9.1 These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
This is a Universal Agreement / Contract for all future work between the Client and the Engagement Business.