Terms of Engagement – Care Workers/ Support Workers
These terms and conditions are a contract for service between you and Team Locum Limited. Team Locum Limited is an employment business which specialize in introducing care workers, support workers and nurses who undertake paid activities for clients on a temporary worker basis subject to the following terms and conditions (“Work”). This is not a contract of employment.
- Team Locum Limited’s responsibilities
Team Locum Limited will:
1.1 Undertake to use its reasonable endeavors to find you suitable work in accordance with these terms and conditions. However, you are not obliged to accept the work offered by Team Locum.
1.2 If you accept the Work offered, we will advise you of the hourly rate of pay for that work (“Pay Rate”). Team Locum will use all reasonable endeavors to pay you within 7 business days of you delivering a duly completed timesheet for the hours that you have worked in the previous week at the agreed pay rate.
1.3 Undertake to pay you in respect of work done, whether or not it is paid by the client in respect of your work. This will be at the national minimum wage or above.
1.4 Subject to receipt of the appropriately completed and authorized timesheet, will pay you in respect of the work done whether or not Team Locum is paid by the client in respect of that work.
1.5 If you have not produced evidence of being a corporate body (as prescribed in relevant legislation) or an exemption certificate (if appropriate), deduct PAYE and National Insurance at the prevailing rates and in accordance with current legislation. If you claim emoluments from Team Locum without any or all such deductions in accordance with the relevant legislation, you agree to indemnify both Team Locum and any affected client against all costs or any claims, assessments, and/or demands in respect of any applicable tax and/or National Insurance contributions and/or revenues which may be payable by you as a result of undertaking work.
1.6 Ascertain that you have a current registration with the NMC and/or any other appropriate professional body.
1.7 Attempt to notify you, as soon as possible, if the work is cancelled either by Team Locum or the client on short notice. However, Team Locum will not accept responsibility, liability, costs and/or expenses for any financial loss or expense, which you may suffer as a result of a cancellation.
1.8 Obtain references, a criminal records check and all information relating to you that Team Locum considers relevant prior to you undertaking work. Team Locum reserves the right to make such information available to its clients. However, in all other ways, such information will be held in the strictest of confidence.
- Your responsibilities
Whilst you are not required to have your own full professional indemnity insurance and/or indemnity cover (“your policy”) in force, we would strongly recommend you do so for ‘Good Samaritan’ acts.
You will:
2.1 Work with the client, its directors, employees and agents and accept lawful directions and instructions of any person acting in a supervisory capacity.
2.2 Ensure that you do no exceed guidelines on working hours
2.3 Ensure that you are present at the place of work during the times and for the total number of hours each day/week as required by the client subject to clause 2.2
2.4 Take all reasonable steps to safeguard your own safety and the safety of any other person who may be affected by your actions and comply with the health and safety policy of the client
2.5 Observe all lawful rules and regulations of the clients’ workplace
2.6 Not engage in any conduct which may be detrimental to the interests of the client, its staff or its patients
2.7 Deliver to Team Locum Limited a duly completed weekly timesheet signed by you the and the client detailing the hours worked in the previous week (which shall include details of any breaks taken)
2.8 Not jeopardies your cover under your policy by breaching any condition of your policy
2.9 Except where you are advised to the contrary in writing by the client of Team Locum Limited, whilst undertaking work, be responsible for meeting the costs of your own travelling expenses, meals, telephone calls and accommodation and all other expenses. All such expenses must be fully discharged by you when either demanded by Team Locum Limited or the client or at the very latest, upon completion of your work assignment. If you fail to pay, Team Locum reserves the right to deduct from your pay, a sum equal to any liability you may owe to Team Locum or the client for expenses.
2.10 Not use any motor vehicles or any other equipment in connection with the work unless you are properly insured. You shall indemnify and keep indemnified Team Locum against any damages, loss and/or liability incurred by Team Locum for such use.
2.11 Notify Team Locum of any changes in the status of your professional registration. If you fail to maintain your registration or notify Team Locum of any changes in you will fully indemnify Team Locum if as a result of your failure to maintain your registration, Team Locum suffers any loss, liability and/or damage.
2.12 Advise Team Locum of any changes to your working hours or nature of your duties.
2.13 Advise Team Locum if undertake any other work (which includes training) for any person, firm, company or organization other than the client.
2.14 Indemnify Team Locum against any loss, costs, claims, fines, demands, awards, expenses and/or liability that incurs as a result of your acts and/or omissions and/or incorrect information you have provided to Team Locum at any time, and/or failing to maintain appropriate registration with the NMC and/or breach by you of these terms and conditions.
2.15 Declare that all information your provider to Team Locum be it verbal or written, is true, accurate and complete.
2.16 Agree that you will only undertake work that you are capable, competent and qualified to undertake and shall therefor that you feel is not suitable.
2.17 Before commencing work, provide Team Locum with confirmation in accordance with relevant legislation that you have not been convicted or cautioned in relation to any criminal offence. In the event that you are convicted and/or charged and/or investigated for a criminal offence you must inform Team Locum immediately and provide regular reports about progress and proceedings.
2.18 Inform Team Locum about any complaint made against you which is relevant to your professional competence or conduct.
2.19 Advise Team Locum immediately if you are offered any employment or engagement by the client or any third party to whom you are introduced to by the client and provide details of proposed remuneration
3 Holidays
3.1 Your holiday year shall run from April to March.
3.2 Your holiday entitlement is 28 days in accordance with the statutory minimum entitlement of the working time directive and includes bank holiday and public holidays.
3.3 Your holiday entitlement will be calculated in accordance with the proportion of the holiday year that you have worked.
3.4 Holiday entitlement only arises for the holiday which it relates. Holiday not taken in the holiday year will be lost. You will not be entitled to any pay or compensation for holidays you have not taken within the respective holiday year.
3.5 Holiday entitlement accrues at an even rate throughout the holiday year. You may only take holiday if you have accrued it in accordance with the provisions of these terms and conditions. If you wish to take holiday, you must give Team Locum notice of at least twice the period of holiday you wish to take. Such notice must be given to Team Locum in writing. Team Locum reserves the right to reasonably withhold permission for you to take the holiday you have requested and in accordance with relevant legislation. Notice of any such refusal will be given to you within a period equivalent to the period of holiday you have requested. Team Locum may require you to take all or part of your holiday entitlement at specified times by giving you notice of at least twice the period of holiday to be taken.
3.6 Other than in accordance with the applicable legislation you are not entitled to receive payment for a pension and/or time not spent working (for whatever reason)
3.7 Where you have received any overpayment of have exceeded your holiday entitlement, Team Locum reserves the right to recoup the overpayment. Alternatively, Team Locum may deduct the overpayment directly from any monies due to you.
- Rest breaks and Night Workers
4.1 Depending on the hours you work each day you may be entitled to take a break during your working day. If you consider that proper rest breaks are not being provided by the client, you should raise this matter with Team Locum promptly.
4.2 Depending on the hours you work you may be classed as a might worker. If you are in doubt to your status, you should contact Team. If you are a night worker, you must complete health-screening questionnaire every 12 months. If your health changes in any way following completion of the questionnaire, you must notify Team Locum immediately and complete a further questionnaire.
5 Termination
5.1 Team Locum reserves the right to terminate these terms and conditions at any point giving you 1 week’s written notice.
5.1a If you wish to terminate these terms and conditions you must give us 2 weeks written notice.
5.2 If there is a break in your work for a period of more than 7days, these terms and conditions will be automatically terminated (unless otherwise agreed in writing between you and Team Locum). If you subsequently restart work, be it on the same assignment or otherwise, such will be subject to these terms and conditions unless otherwise agreed writing between you and Team Locum.
5.3 if you are in breach of any of these terms and conditions, Team Locum reserves the right to terminate immediately by giving written notice.
6 General Matters
6.1 These terms and conditions will govern the entire agreement between you and Team Locum to the exclusion of any other terms and conditions other than the agreement between you and Team Locum in respect of your pay rate and the declaration you give to Team Locum when signing timesheets.
6.2 No variation, addition or modification to these terms and conditions shall be binding unless notified to you by Team Locum in writing.
6.3 You will not divulge to any person, nor use for your own or any other persons benefit, any confidential information in relation to the client and/or Team Locum, and/or relation to any of the directors, employees, and/or business activities of Team Locum and/or the client. This clause applies throughout the duration of the contract between you and Team Locum and after termination.
6.4 Any waiver by Team Locum of any breaches of these terms and conditions shall not constitute a waiver by Team locum of any subsequent breach of other provisions.
6.5 A person who is not party to these terms and conditions has no right under the contracts (Right of Third Parties) Act 1999 to enforce any term of these terms and conditions but this does not affect any right or remedy of a third party exists or is available apart from that act
6.6 The laws of England shall govern these terms and conditions and you shall submit to the exclusive jurisdiction of the English Courts