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In this part of these Terms and Conditions ‘you’ means any temporary worker that we supply to a client and ‘we’, ‘us’, ‘ourselves’ or similar words mean Professional Healthcare Recruitment Ltd (Locums) Limited. ‘The parties’ is used to refer to you and us, collectively.
Upon your acceptance of an assignment these terms and conditions together with the booking confirmation for the assignment shall constitute a contract for services between the parties and shall govern all assignments that you undertake. No contract shall exist between the parties between assignments.
For the avoidance of any doubt, these terms shall not give rise to a contract of employment between the parties. You are engaged as a self-employed worker although we are required to make certain statutory deductions from your remuneration as is set out in more detail hereunder.
In our dealings with you we act as an employment business.
The headings contained herein are included for convenience only and shall not affect the interpretation of the contents hereof in any way.
No variation or alteration to these term and conditions shall be valid unless approved by one of our Managing Directors, in writing.
OUR OBLIGATIONS TO YOU
We agree to engage your services on these terms and conditions and we shall attempt to obtain suitable assignments for you with our clients. We make no representation to you, however, that we will find a suitable position for you and you appreciate that there may be periods when no work may be available for you.
The types of assignments that we will endeavour to obtain for you will be relevant to your skills and will match the kind of work that you indicated you want to do. Our minimum rates of pay will be published from time to time.
We will pay you for the hours you work irrespective of whether or not we recover any payment from our client for your work. Your pay is subject to those deductions for PAYE Income Tax, National Insurance Contributions and any other amounts that we are required by law to make.
We will confirm your assignment and all the details thereof, including your rate of pay, to you.
This booking confirmation, together with these terms and conditions records our entire agreement with you.
We are not responsible for any personal injury or damage you may suffer whilst on the premises or property of the client, whilst acting on the client’s instructions, or whilst travelling to or from the property or premises of the client.
YOUR OBLIGATIONS TO US AND TO THE CLIENT
You are not obliged to accept any assignment that we offer you, but if you do so then you agree to the following:
PERFORMANCE OF THE ASSIGNMENT
a) You are obliged to attend and complete your assignment whether or not you receive a written booking confirmation from us.
b) The details of your assignment that are confirmed to you may be changed only in exceptional circumstances and only if in writing and signed by one of our Sales Directors.
c) You shall commence the assignment punctually and conform to the normal work hours of the client unless we have expressly agreed otherwise with you and we have recorded our agreement in writing.
d) You will co-operate with the client’s staff and accept the supervision and instruction of any responsible person within their organisation.
e) You will observe the Health and Safety Policy of the client and take all reasonable steps to safeguard your own safety and the safety of any other person who may be present or affected by your actions.
f) You will not smoke on the client’s premises except where it is expressly permitted to do so.
g) You will wear any form of identification that our client requires and display this on your clothing at all times when you are on the client’s premises.
h) Whilst carrying out your assignment, you will adhere to the terms of any generally accepted Codes of Professional Conduct that apply to your profession including, but not limited to, the administration of drugs and sterile techniques.
i) You will not engage in any conduct detrimental to our interests or to the interests of the client.
CONFIDENTIALITY
j) You will not disclose to any person other than a person authorised by the client any information that you may have acquired during or in connection with an assignment that is not already
in the public domain. Specifically, but without derogating from the generality of the previous sentence, you will not disclose to any person other than a person authorised by the client any information that you may have acquired during or in connection with an assignment concerning a client’s authority, staff or procedures or the identity, medical condition or treatment received by any patient other than any information that is already in the public domain.
k) You shall deliver up to the client or to us at the end of each assignment all documents and other materials belonging to the client (and all copies), which are in your possession including documents and other materials that you may have created during the course of the assignment. The client is the sole owner of any work product, including any intellectual property rights thereto, created during the assignment.
REQUIRED PERIOD OF NOTICE
l) In the event that you do not wish to complete the assignment, you will give notice to ourselves as follows:
LENGTH OF ASSIGNMENT/REQUIRED NOTICE PERIOD
Up to 1 week - Not less than 24 hours
1-4 weeks - 2 working days
4 weeks-3 months - 5 working days
3-6 months - 10 working days
6 months+ - 14 working days
m) In the event that you become aware that you are, due to an extraordinary and unforeseen event beyond your control, unable to attend at your assignment you will inform us at the earliest possible opportunity and at least one hour before commencement of the assignment or shift. In all other circumstances, you are required to work out your assignment until your notice period is completed.
ELIGIBILITY TO WORK IN THE UNITED KINGDOM
n) You are required to produce evidence of your eligibility to work within the United Kingdom.
In the event that your circumstances change in any manner that might affect your continued eligibility to work in this country, you will immediately inform us of the change.
MISCONDUCT
o) You will immediately inform us of any event that has resulted in disciplinary action being taken against you, any allegations of misconduct, your suspension or dismissal from any position in which you were working in your professional capacity. You will do this irrespective of whether or not you consider the allegations to have any foundation or substance.
p) We may, without incurring any liability to you for your losses or expenses, alter or cancel your assignment at any time and at short notice in the event that:
1) The client has instructed us to cancel the assignment as a result of a reasonable belief that you have breached the rules and regulations applicable to the client’s own staff or for any reason the client is dissatisfied with your performance;
2) You absent yourself from your assignment without permission or without informing ourselves in advance;
3) We reasonably believe that you have breached any of these terms and conditions;
4) We reasonably believe that it may be detrimental, for any reason, to ourselves, to the client or to any other person for you to continue in a particular assignment.
TRAVEL EXPENSES
q) Unless we agree otherwise and record that exceptional agreement in writing, you are responsible for the cost of your own travel expenses, meals, telephone calls and accommodation. You must settle any amounts that you owe the client before you complete your assignment.
r) Any payment we may make to you in respect of a travel claim that you present to us will be made on the understanding that such amounts are paid as an advance only and that if subsequently the travel claim is not paid by the client for any reason we may reclaim these amounts from you.
TIME SHEETS
s) Time spent travelling to and from the client’s premises, lunch breaks and other rest breaks do not count as part of your working time for purposes of preparing your time sheet.
t) At the end of each week of your assignment (or in the case of an assignment of less than one week’s duration, at the end of the assignment) you shall present to the client for signature a time sheet or other written record of the hours you have worked during the preceding period. You will thereafter submit the document to us. You will be paid weekly.
LEAVE
u) For the purposes of calculating your entitlement to leave, the leave year commences on 1 October. Under the Working Time Regulations, you are entitled to 4 weeks’ paid leave each leave year. All entitlement to leave must be taken during the course of the leave year in which it accrues and none may be carried forward to the next year.
v) Once you have been engaged on an assignment with us the right to be paid leave begins on the first day of the assignment. After that time, entitlement to paid leave accrues in proportion to the amount of time you have worked continuously on assignment during the leave year.
The amount of the payment to which you become entitled in respect of such annual leave is calculated in accordance with and in proportion to the number of hours that you have worked continuously on assignment. Payments for annual leave purposes are calculated on basic hours at basic rates of pay. You must give us notice in writing of your intention to take leave to which you are entitled and that notice should include the dates of your intended absence. You must give us notice of at least twice the length of the period for which you wish to take leave. Unless we inform you that it is not possible for you to take leave on the requested dates, you shall be entitled to take up your leave entitlement as notified.
w) Where a bank holiday or other public holiday falls during an assignment and you do not work on that day, the public holiday shall count as part of your annual leave entitlement.
None of the provisions of these terms and conditions regarding your statutory entitlement to paid leave shall affect your status as a self-employed worker.
x) In the case of locums from whom we do not deduct National Insurance contributions; holiday pay is paid by the organisation or company responsible for the deduction of your National Insurance contribution.
MISCELLANEOUS
y) If you leave an assignment without giving the required notice to us we will hold you liable for any losses we may suffer as a result.
z) You shall negotiate the financial aspects of your assignments with us exclusively.
aa) These terms and conditions are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of those territories.
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