Legal - Locum Specific Terms & Conditions
Registering with TotalLocum shall be deemed to be acceptance of these Conditions.
The locum hereby agrees to notify LocumDiary Ltd (hereafter referred to as "TotalLocum") of the occurrence of any of the following events and is liable for failing to inform TotalLocum:
- Where a locum is engaged or re-engaged by a person, firm or company (hereafter referred to as "the client") either on a temporary or permanent basis with whom the locum was placed by TotalLocum during a period of twelve months from the termination of the last period of employment or engagement of the locum with the said client.
- Where a locum is introduced by a client, with whom he or she has been placed by TotalLocum, to a third party and is then employed or engaged as a sub-contractor either on a permanent or temporary basis by such a third party as a result of such introduction during a period of twelve months from the termination of the last period of employment or engagement of the locum with the said client.
The locum hereby agrees:
- That they will not allow themselves to be directly engaged or re-engaged by the client either on a temporary or permanent basis with whom the locum was placed by TotalLocum during a period of twelve months from the termination of the last period of employment or engagement of the locum with the said client.
- That they will not contact or approach a client, or respond to approaches by a client, seeking to be directly engaged or re-engaged by the client either on a temporary or permanent basis, where the locum was placed with the client by TotalLocum during a period of twelve months from the termination of the last period of employment or engagement of the locum with the said client.
- To indemnify TotalLocum against any losses suffered by TotalLocum in failing to comply with this agreement.
In the event that the locum wishes to be engaged or re-engaged by the client either on a temporary or permanent basis dates the locum must contact TotalLocum who will then contact the client.
The locum shall not use information received from TotalLocum to directly book locum work with the company or to recruit or assist other locums in employment or for any other purpose not directly linked to their locum work via TotalLocum. The locum shall divulge no business information or materials, either supplied by TotalLocum or the client to any other party or use this information for any other purposes than solely for the securing of locum work via TotalLocum. Failure to abide by the terms and conditions agreed to when registering may result in a complaint being made to the GPhC.
If a provision, clause or application of these Terms is held unlawful, invalid or un-enforceable in whole or in part by any court or other competent authority such provision, clause or application will be deemed severable and be deleted and these Terms will continue to be valid as to all other provisions, clauses or applications.
The client following completion of each booking will make payment directly to the locum. The locum should ensure they are aware of the client's payment procedures and policies on expense payments.
TotalLocum acts only as an introduction service to the client and the locum is responsible for his or her own Income Tax and National Insurance contributions which are assessable under Schedule D of the Finance Act.
If the locum, or any third party, suffers any losses either financial or otherwise or suffers in any other way whatsoever due to any act or omission of the client then TotalLocum is in no way liable. All information supplied by TotalLocum to the locum is done so in good faith and TotalLocum is in no way whatsoever responsible for any inaccuracy or omissions whether these are due to some act or omission by TotalLocum or other third party or parties.
The locum agrees to attend his or her placement procured or obtained by TotalLocum dressed in manner as befits their professional status and always to abide by the Pharmaceutical Society Code of Practice. The locum will be subject to and abide by all health and safety at work regulations, company policies and procedures and security rules.
Locums should inform TotalLocum of any investigation by the police or GPhC or any other investigation, which has or may have a bearing on their continuing membership of the GPhC, or their fitness to practice. By uploading a Disclosure and Barring Service (DBS) certificate or Protecting Vulnerable Groups Scheme (PVG) certificate to the TotalLocum website, you consent to TotalLocum undertaking ongoing status checks as necessary.
Locums should ensure they have undertaken all necessary training to allow them to provide the services offered by the pharmacy, which will include repeat dispensing.
The locum is required to attend all placements booked via TotalLocum. A booking for work will be considered as confirmed with the locum when the locum has accepted the offer of work, whether via the TotalLocum computer booking system, verbally or in writing and TotalLocum has confirmed the booking with the client. The booking cannot be cancelled except with the agreement of TotalLocum. The locum may be asked to vary a booking to assist a client or TotalLocum as long as this is reasonable. TotalLocum reserves the right to recover losses incurred by TotalLocum as a result of the failure of the locum to perform work they have agreed to perform.
The locum must arrive at the branch where he or she is booked to work at the allocated time. The locum will only be paid from the time he or she arrives at the branch. If the locum is late, he or she must contact the branch and advise them of his or her estimated time of arrival.
Where a client with whom the locum was booked to work cancels a booking once confirmed TotalLocum will use its best endeavours to obtain alternative locum work. If the locum suffers any financial loss or any other loss whatsoever as a result of the clients actions, the client and not TotalLocum, would be liable for such loss if appropriate.
Should the locum feel that he or she is unable to attend work due to illness, the locum must advise TotalLocum of the situation and telephone the branch where he or she was due to work. The locum, with TotalLocum's assistance, will be required to arrange for an alternative locum for the branch where possible.
The locum agrees to check ALL the details of ALL bookings on the TotalLocum website, including information via the 'i' button, 'infozone' and 'legal' link and to review the information on the website at least weekly or more regularly if necessary. If there are any discrepancies they will inform TotalLocum well before the date of the booking.
If the locum is unable to access the website to check the details they will inform TotalLocum and ensure they receive a confirmation of bookings via fax, email or phone in sufficient time before the date of the booking to identify and highlight any discrepancies. It will be the locums responsibility to phone TotalLocum to ensure any information in the 'i' button, 'infozone' and 'legal' link is read to them.
The locum must phone the store before the date of the booking to confirm the details supplied by TotalLocum are correct and should phone the store one working day before the booking to reconfirm details.
The locum will ensure they fully read all information sent from TotalLocum and immediately inform TotalLocum of any issues.
The locum will inform TotalLocum if they are unable to receive emails from TotalLocum and ensure they regularly contact TotalLocum so TotalLocum can inform them of information that is in these emails.
The locum will ensure they have confirmation off all matters via the website, email, fax or post and should not solely rely upon verbal conversations.
TotalLocum is prepared to offer £200* to you for each locum that contacts us via your recommendation.
The only conditions are:
The locum introduced must book and work 40 locum days via TotalLocum and TotalLocum must receive all the booking fees for this work before you receive payment. A lower rate of £50 is payable for 12 locum days if they are unlikely to work 40 - the choice is yours but it can only be one or the other.
They must not have already worked for TotalLocum (or subsidiaries) or on a direct booking basis for the companies in the area they are booked or via another agency for the companies in the area they work such that the companies would not be prepared to accept them as a TotalLocum locum and therefore not pay an agency fee to TotalLocum.
Remember the introduction bonus is only payable upon TotalLocum receiving the booking fees from the companies. (This generally is a problem only for locums who work in their local area and regularly work for these companies either directly or booked via an agency rather than locums from other parts of the country).
Only one bonus is payable per locum that registers and in the case where multiple people recommend the same locum the locum must decide who will receive the introduction bonus.
The locum must contact TotalLocum and state that you introduced them WHEN THEY FIRST REGISTER WITH TOTALLOCUM and the locum must ensure they receive a confirmation email from TotalLocum acknowledging that TotalLocum are aware that you have introduced them.
The locum must then inform us when they have worked the required number of bookings.
The offer is valid from 19/3/01 until further notice and may be withdrawn at any time without notice.