Terms & Conditions
Please read the T&C however to make it easier we have summarised the key points:
We want everyone to benefit and love using elocum24 as much as we have loved producing it. When using the website it is important to remember that the direct contract and relationship is purely between the locum doctor and surgery. Therefore we encourage communication between the two parties. Remember we are not an agency! We are a booking platform.
We do expect locum doctors to conduct themselves with professionalism and expect the surgeries to pay in a timely manner. Although we do not arbitrate, we will publish guidelines to help provide guidance on certain points.
Locum doctors are paid once we receive cleared funds for the invoice into our designated client account. We aim to do this within 24 hours.
We have tried out utmost to iron out any bugs but we cannot guarantee against their occurrence and accept no liability for any sequelae. Although our emails are spam compliant, We have no control how your inbox deals with these.
We reserve the right to cancel your account if we deem it necessary. Our terms and conditions may be updated in future .
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 elocum24 LTD
"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;
"End user" applies to all end users using the service ie both the locums and the surgeries
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
When a locum doctor works for a client, the contract of service is effectively between these two.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 client 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 external 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 clients will advertise posts for work online, the locum may apply for any posts available ensuring that he/she has the relevant qualifications and fulfills the necessary essential criterion . The Locum understands that the nature of temporary work means that there may be periods when no suitable work is available and 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 or the client during periods when the Locum is not working on an Assignment. At the same time as an Assignment can be viewed by the locum online and can view all the details of the posts, the rate or pay and the details of the clients posting the shift. If, before the first Assignment, during the course of an Assignment or within the Relevant Period the Client is free to employ the Locum direct or through another employment business, the locum business does not charge in this situation
1. 4 TIMESHEETS AND INVOICING
The locum can generate a time sheet at any time on a weekly basis after completion of the relevant day or week or weeks. This time sheet can either be printed out and hand delivered or can be submitted by email to the client via online facility . All clients using the service agree to make the payment within 7days of receiving the invoice directly to Elocum24 by means of cheque, internet payment or using online payment gateway. All payments to locums are to be settled within 7 days of receipt of payment.
1. 4 TIMESHEETS AND INVOICING
The locum can generate a time sheet at any time on a weekly basis after completion of the relevant day or week or weeks. This time sheet can either be printed out and hand delivered or can be submitted by email to the client via online facility . All clients using the service agree to make the payment within 7days of receiving the invoice directly to Elocum24 by means of cheque, internet payment or using online payment gateway. All payments to locums are to be settled within 7 days of receipt of payment.
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. All fees and costs are made clear on the bookings page prior to final confirmation. There is a no refund policy once payment is made. Instances where parties are seeking a refund should not arise as all time sheets and payments disputes are resolved prior to payments being made.
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 LIABILITY
TERMINATION 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. If the Locum does not inform the Client or the 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 Client and the locum for the supply of the Locum's services by the Locum 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 fees that they have agreed and set per shift, the client is fully within their right to request and adjustment of the fee should the locum not work the full agreed hours of the assignment, also the locum is within their right to request more pay pro-rata for extra time spent in fulfilling extra duties that were not initially advertised by the client.
In such instances the extra time should be clear on the invoice, If the client wish to discuss the details they should contract the locum directly.
2. 3 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 does not incur any charges from the Employment business
2. 4 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 willful, 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 locum of any special health and safety matters. The Client will ensure compliance with duties under the Working Time Regulations. Where the Client requires or may require the services of a Locum for more than 48 hours in any week, the Client must ensure they have the relevant policies and procedures in place with signed agreement with the locum 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.
The client is able to advertise posts and set certain criterion for the locum they are looking for and the system will filter out locums that do not fullfill these, they are also able to write free text of any particular needs or qualifications they require for the particular post.
Silver locums have key relevant documents checked as far as that they are within date and not expired ie GMC registration against the GMC database, indemnity document, PMETB or equivalent, CRB, identity (passport/driving license), peformers list inclusion, copies of these documents are sent along with every confirmation of booking for the surgeries to be able to vet and ensure the locum is compliant according to their standards and protocols. The employment business takes no responsibility in deciding the suitability or the appropriates of locums, the decision to employ rests wholly with the client who is free to request any further information or documentation from the locum doctor before accepting them. The client is given 24 hours notice of an application by the locum doctor, in which time they are able to ascertain the appropriateness of the application. After this time the system will assume that the locum has been sufficiently vetted and will be booked in. It is the responsibility of the client to ensure that they are sufficiently satisfied by the documents and work history of the locum in this time and if they feel it is not the case or they have had insufficient opportunity to perform this screening they should decline the application. E locum24 do not take any responsibility in the suitability any locums that are booked through the database.
Whilst all efforts are made to ensure the database is error free, bug free, gliche free we cannot accept any liability for any incidence in which they resulting in problems with bookings, clinical or economical sequelae . We request that clients and locums keep their own records of any data or bookings that arise through the database
2. 5 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. In the instances of terminations of the assignment or part assignment at very short notice, the client is within their rights to raise a deduction or cancellation of the fee, similarly the locum is free to request full or part payment of the client in these circumstances, the resolution of which is strictly between the two parties.