Terms and conditions locum service

1. Definitions

The following definitions apply in the terms and conditions of Business:

1. ‘TRL’

Shall mean TRL Pharmacy locums a subsidiary of Motlorn Limited

2. “The Contract” -  Shall mean the contract between the Client and TRL for the introductory service.
3. “Client”  -   shall mean the person or company using the introductory service.
4. “The Service” – shall mean the introduction of pharmacy locums by TRL
5. “Locum” – shall mean a self-employed pharmacist locum introduced to the Client by  TRL and subsequently employed/engaged by the Client
6. “Potential Locum” – shall mean a self-employed pharmacist locum introduced to the client by TRL but who is not subsequently employed/engaged by the Client.
7. “The Agency Fee” – shall mean the fee paid to TRL by the Client for its introductory/re-introductory service.
8. “The Introductory Service” – shall mean the sum payable by the Client to TRL in the event that they engage, employ or otherwise use a Locum or Potential Locum under the terms of section 3 of this Agreement. 
9. “The Pharmacist Fee” – shall mean the fee paid by the Client to the Locum.

2. Fees
    
1.       The Pharmacist fees shall be paid directly to the Locum by the Client.  This will include travelling expenses when applicable.  Payment shall be made immediately upon the completion of the locum duty
2.        The Agency Fee shall be paid to TRL by the Client upon the receipt of an invoice.  The Client shall pay the fee within 30 days of the receipt of the invoice which will be issued by TRL.
3.        Any subsequent temporary engagement of the same Locum by the Client must be arranged through TRL and shall be subject to the Agency Fee.
4.        Should the Client fail to make payment of the Agency Fee on or before the due date. TRL shall be entitled to an administration fee as stated on the invoice.

3.Introductory Fee

1.                  The Client must notify TRL immediately if they or any subsidiary or associated company directly and or indirectly engages, employs or uses in any other capacity.
1a.        Locum whose last TRL placement with the Client ended less than 6 months ago: or
1b.        Potential Locum within 6 months of the Potential Locum’s details being passed to the Client by TRL.  Unless such employment, engagement or use of the Locum/Potential Locum has been arranged via TRL

2.                  In the event that the circumstances in clause 3.1 occur, the Client shall pay to TRL the Introductory Fee.  The introductory fee shall be payable by the Client to TRL regardless of whether the Client complies with the notification requirements of clause 3.1.

3.                  The introductory Fee represents the work TRL has undertaken in finding a Locum/Potential Locum suitable for the Client’s business and the work to be undertaken by TRL in finding a replacement locum to provide TRLs services in the future.  The Introductory Fee shall be 15% of the Locum’s /Potential Locum’s annual gross salary which is to be paid by the Client. Its subsidiaries or an associated company to the Locum/Potential Locum.  If the Locum/Potential Locum is engaged, employed or used by the Client, one of its subsidiaries or an associated company for a period of less than 6  months, the introductory Fee shall be 15% of the Locum’s Potential Locum’s annualised gross salary or remuneration.

4.                  TRL reserve the right to issue an invoice for the introductory Fee.  IF TRL do issue such and invoice, the invoice is payable by the Client within 30 days of receipt of the invoice by the Client. 

4. The Locum

1.      TRL seeks to ensure the suitability of the locum by taking up references on the locum and ensuring that he/she is a Pharmacist registered with the Royal Pharmaceutical Society of Great Britain.
2.      Whilst at the Client’s establishment or location, the Locum is subject to the Client’s safety and security rules. 
3.      Locums must inform TRL immediately  of any offer of continuous booking by the Client. Failure to inform TRL will amount to a breach of the Terms and Condition of work. 

5. Late Payment

1.      TRL may charge interest on any monies due to them at the rate of 4% above base rate of Barclays Bank Plc from time to time which shall accrue on a daily basis until payment is received in full.  TRL shall also have the right to refuse to arrange further locum cover.  

6. Cancellations
           
1.      Should the Client want to cancel a placement prior to the Locum commencing the placement, but after TRL has confirmed the placement, then the Client should notify TRL in writing immediately.  Cancellation charges will be 50% of the total Pharmacist Fee for the full term that the Locum was confirmed for, payable to the locum and in addition 100% of the agency fee payable to TRL. 

7. Liability

1.      The Locum supplied by TRL is not an employee of TRL but a self-employed contractor.  TRL has no control over the actions of the Locum whilst on a placement with the Client and TRL shal have no liability to the Client for any acts and or omissions of the Locum whilst the Locum is acting under the instructions of the Client.
2.      The Client shall indemnify and keep indemnified TRL against any and all losses, proceedings lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and or liabilities TRL may suffer as a result of either the breach of these Terms and Conditions by the Client or of the Locum acting on the instructions of the Client.
3.      TRL shall have no liability to the Client for any:

3a.  Consequential losses;
3b.   loss of profits and/or damage to goodwill;
3c.   economic and/or other similar losses
3d.   special damages and indirect losses; and/or
3e.    business interruption, loss of business, contracts, opportunity and or production; that the client     may suffer as a result of the acts/omissions of TRL under these Terms and Conditions.

4.      TRL total liability to the Client in relation to any one claim shall not exceed £1000.  To the extent that TRL liability to the Client would be met by any insurance of TRL then their liability shall be extended to the extent that such liability is met by such insurance. 
5.      Each of the exclusions in the Contract shall be deemed to be repeated and apply as a separate provision for each liability for breach of contract, liability in tort (including negligence); liability for breach of statutory duty; and liability for breach of common law except clause 8.4 above which shall apply once only in respect of all the said types of liability.
6.      Nothing in these Terms and Conditions shall exclude or limit the liability of TRL for death or personal injury caused by TRL negligence.  Their employees or their agents or liability which is due to TRL fraud or any other liability which it is not permitted to exclude or limit as a matter of law.

8. Insurance

1.      During the period of the placement of the Locum the Client must maintain full and prudent professional indemnity insurance cover with a reputable insurance company and will provide TRL with evidence of such insurance upon reasonable notice. 

9. Force Majeure

1.                   Insofar as the introduction by TRL may be affected by any strike, any lack of available shipping or transport or materials. Any restriction, regulation or decree by any local or municipal authority or government department or by any cause beyond TRL reasonable control (which shall be construed without reference to the proceeding clause) TRL may elect at its absolute discretion to either:

1a.        Cancel the introduction
1b.        Proceed with the introduction within a reasonable time after the termination of such events or circumstances

10.    Data Protection Act
            1    The Client agrees that TRL may make such enquiries and searches as it thinks fit from any person, firm or Company including any Credit reference agency.  TRL may also make enquiries about the principal directors of the Client from a credit reference agency. 

11. Law     
            1.   These terms supersede any other  previous Terms of Business or any other agreed Terms.
            2.   These terms are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales

12. General

1.       These conditions shall prevail over any conditions of the client and shall only be capable of being varied by agreement in writing of a duly authorised representative of TRL.
2.       No variation can be made to these Terms without the written consent of a Director of TRL.
           

All rights reserved TRL Pharmacy Locums 2008

Guidelines for Registration – Locum Pharmacists

TRL Pharmacy Locum operates as an Employment Agency

Definitions:

‘TRL Locums’ means TRL Pharmacy Locums

‘Locum’  means the individual who is introduced by TRL to render services to the Client.

‘Client’ will mean the firm, organisation or person from whom the Locum accepts an Assignment. 

‘Assignment’ or ‘Placement’ means the period during which the Locum is supplied to render services to the Client

‘Relevant Period’ means the longer period of either 14 weeks from the first day on which the Locum worked for the Client, or 8 weeks from the day after the Locum was last supplied by TRL to the Client. 

‘First Day’  is defined as the first occasion on which the Locum is supplied to work for the Client or first day of an Assignment where there has been more than 42 days since the end of any previous Assignment.

Reference to the singular include the plural and vice versa and reference to the masculine include the feminine and vice versa. 

Whilst at a placement the Locum:

1.         Will conduct his pharmacy practices in accordance with the RPSGB Code of Ethics and Standards. 
2.         Is self-employed and responsible for the payment of his own Tax and National Insurance payments.
3.         Is never an employee of TRL Pharmacy Locum and hence has no authority to act for and on behalf of TRL Locums.
4.         Must be registered as a member of the Royal Pharmaceutical Society of Great Britain and be a permanent resident of the United Kingdom or hold a current valid work permit. In the case of foreign nationals, he must have no entry on his passport indicating any restriction on being allowed to work in the UK. 
5.         Will display his Certificate of Registration. Clients reserve the right to refuse entry to locum pharmacists who attend an assignment without their RPSGB certificate. 
6.         Will hold valid professional indemnity insurance cover, the payment of premiums being the responsibility of the Locum. 
7.         Is expected to act and dress in a professional manner at all times and will arrive and leave at the ties agreed.  Locum Pharmacist should arrive at least five minutes prior to the commencement of the booking and should contact the Client the day before an assignment to ascertain any specific requirements.
8.         Must be confident that his abilities and skills are sufficient to meet the needs of the Client’s business in particular the requirements of the Pharmacy Contract Essential Services.  Where he ahs any doubt over his ability to carry out his professional duties he must inform the Client or their representative. 
9.         Must observe the rules and regulations set down by the Client, including Standard Operation Procedures and all issues related to Health and Safety at the premises where the placement is to be undertaken, and will not engage in any conduct or suffer or commit any act that will be detrimental to the Client or TRL Pharmacy Locum.

Duties to Agency
10.               In the event that you become aware that you are, due to illness or an
extraordinary and unforeseen event beyond your control, unable to attend a Temporary Assignment, you will inform us at the earliest opportunity and at least one hour before commencement of the Temporary assignment to enable us to find replacement cover.  You are also required to inform the Client’s branch where you are due to attend.  In all other circumstances, you are required to complete the Temporary assignment.  The Locum hereby acknowledges that it is unprofessional and not in accordance with the RPSGB’s Code of Ethics to leave both the Client and its patients without sufficient cover of another qualified pharmacist, at short notice, for no valid reason.

11.               If a Locum cancels a confirmed booking at any time within 7 working days of the
commencement date of a Temporary assignment, then unless the locum is able to substitute another Locum registered with the Agency, (which substitution is agreed in writing by the Agency), he/she will be liable to a cancellation penalty charge of  £50.00 payable to the Agency within 7 days of the cancellation being informed to the Agency.  If cancellation of a confirmed booking occurs within 48 hours of the commencement date of a confirmed booking, then unless the Locum is able to substitute another Locum registered with the Agency, (which substitution is agreed in writing by the Agency, ), then he/she will be liable to a cancellation penalty charge of £100.00 payable to the Agency within 7 days of the cancellation being informed to the Agency.

12.               The Locum must disclose to TRL any other assignment or work which he is
offered by the Client or third party or any other work which he is undertaking during the Term of Assignment. 

13.               The Locum must disclose to TRL any offer of employment made to and
 accepted by the Locum, which results either directly, or indirectly from an introduction made by the TRL and which offer of employment is made within the period of 6 months of such an introduction.

       14.      The Locum agrees to indemnify the Agency and/or the Client or any third party against all liability loss damage and other expenses of any nature whatsoever incurred by TRL, the Client or any third party as a result of the act of negligence by the Locum.

General Information:

15.        You are not bound to accept any Assignment offered by TRL but to accepting an Assignment a binding contractual agreement is made with the Client which you are expected to honour.  If you are unable to attend you are required to arrange a substitute Locum pharmacist who is registered with TRL Locum and who will start the Assignment at the agreed time and at the original rate of pay.  Where this is not possible you must inform TRL in sufficient time to allow a replacement locum to be found.   Where additional payment is involved you will be liable for this payment and any losses incurred by TRL Locum. Should you arrange a substitute pharmacist you must inform TRL Locum.

16.        In cases where the Client has reason to seek compensation due to your non-appearance for an agreed Assignment, the responsibility for meeting the compensation rests with you (the Locum) and not TRL Locum.  For Alliance Boots assignment, the client will seek compensation for which you will be liable. 

17.        If, either before or during the course of an Assignment you become aware of any reason why you may not be suitable for an Assignment you shall notify TRL without delay.

18.        The Locum acknowledges that the nature of temporary work means that there may be periods when no suitable work is available and agrees: that the suitability of the work to be offered shall be determined solely by TRL; that TRL shall incur no liability to the Locum should it fail to offer opportunities to work.

19.        If, before the first Assignment, during the course of an Assignment or within the relevant period the Client wishes to employ the Locum direct or through another employment business, the Locum acknowledges that TRL will be entitled either to charge the Client a fee or to agree an extension of the hiring period with the Client at the end of which the Locum may be engaged directly by the Client or through another employment business without further charge to the Client. In addition, TRL will be entitled to charge a fee to the Client if the Client introduces the Locum to a third Party who subsequently engages the Locum within the relevant period.  The Locum will inform TRL of all occasions where self  booking between the locum and the client occurs.

20.        Information passed onto you by TRL regarding any Client or Assignment opportunity is confidential and remains the property of TRL.  You must not pass any information onto another Locum nor introduce another Locum to a Client except through referral of the Locum to TRL.

21.        As you are self-employed, TRL has no responsibility for payment or collection of any payments due you from a Client.  Should you experience such difficulty with the Client you should inform TRL.

22.        You must inform TRL of any RPSGB or police investigations or any disciplinary action in progress which may have a bearing on your continuing membership of the RPSGB or which might affect your ability to obtain Professional Indemnity Insurance.

23.        You much maintain an up to date record of your Continuing Professional Development programme in line with RPSGB guidelines, and supply details to TRL when requested.

24.        No variation or alteration to these terms shall be valid unless the details of such variation are agreed between TRL and the Locum and set out in writing and a copy of the varied terms is given to the Locum stating the date on or after which such varied terms shall apply.

25.                           In accepting any Assignment secured through TRL, you are in total agreement
of these Terms and Conditions and Agree to abide by them.

26.                           These Terms shall be governed and construed in accordance with the Laws of England. 

All rights reserved TRL Pharmacy Locums 2008
TRL Pharmacy Locums COPY (to be faxed back)

Please fax back to 0208 644 1215 or post to above address
Thank you

TERMS AND CONDITION

PERMANENT RECRUITMENT

These Terms and Conditions of business are between TRL Pharmacy Locums and the employer (“the Client”) to whom TRL shall provide the services.  These terms represent the entire agreement between the parties and shall be deemed to be accepted by the Client by virtue of an interview or an engagement of the candidate. 

1.       Upon receipt of instructions from the Client, TRL shall introduce a candidate to the client (the Services).

2.         TRL shall use reasonable endeavours to ensure the suitability of the candidate by taking up references and by ensuring that he/she is a pharmacist registered with the Royal Pharmaceutical Society of Great Britain.  The Client shall, notwithstanding the checks made by TRL, satisfy himself as to the suitability of the candidate, including the checking of references provided by the candidate before engaging the candidate.  The Client shall be responsible for obtaining work or other permits, for the arrangement of medical examinations and/or investigations into the medical history of any candidate and shall ensure that the candidate possesses any medical and other requirement or qualifications required by law (aside from the requirement that they be a registered pharmacist with the Royal Pharmaceutical Society of Great Britain).

3.         The client shall notify TRL immediately an offer of employment is to be made to the candidate and confirm the date the candidate will be required  to commence work (“the start date”). The term candidate may include a member of TRL own staff.

4.         The introduction fee payable by the client is subject to value added tax at the standard rate and is calculated as a percentage of the pharmacists annual salary which will appear on a TRL tariff and which is amended from time to time (“fee”).

5.         The Fee will be payable by the Client to TRL where either the Client or any subsidiary or associated company of the Client directly and/or indirectly:
a.         Engages, employs or otherwise makes use of a candidate who has been introduced to them by TRL as a result of the Services. 
b.       Engages, employs or otherwise makes use of a candidate who has been introduced to them by TRL within the 6 months preceding the candidate’s commencement of employment, engagement and or involvement with the Client. 
c.         Engages employs or otherwise uses a pharmacist as a result of an introduction passed to the Client from TRL via a third party. 

6.         If the Client terminates the employment of a candidate within the 12 weeks and the client subsequent re-engages/re-employs them in the 12 months following the date of termination of their employment or engagement, the Client shall pay to TRL the fee.

7.         TRL shall render an invoice for the FEE to the Client.  The Client shall pay the invoice within 30 days of the date of the invoice.

8.         Should the client fail to make payment of the fee on the due date, TRL will be entitled to an administration fee as stated on the invoice. 

9.         TRL reserves the right to invoice a surcharge to the client of 4% over the current base rate of Barclays Bank on all outstanding amounts per month for delays in payments after 30 days have elapsed from the date of invoice and the client will accept this charge for payment upon receipt of an invoice. 

10.       Should the candidate, having taken up employment, leave before completion of the eight week of employment, the following rebate of part of the Fee will be allowed at the discretion of TRL provided the invoice is paid within 30 days of invoice date.  The percentage rebates are shown in Table. 1.

TABLE 1

11.       TRL shall have no liability to the Client for any:

a.         Consequential losses;
b.         Loss of profits and/or damage to goodwill;
c.         Economic and/or other similar losses.
d.         Special damages and indirect losses; and/or
e.         Business interruption, loss of business , contracts, opportunity and/or production that the Client may suffer as a result of the acts/omissions of TRL under these Terms and Conditions

12.      TRL total liability to the client in relation to any one claim shall not exceed £1000.  To the extent that TRL liability to the Client would be met  by any insurance of TRL then their liability shall be extended to the extent that such liability is met by such insurance.

13.       Each of the conclusions in these Terms and Conditions shall be deemed to be repeated and apply as a separate provision for each of liability for breach of contract, liability in tort (including negligence); liability for breach of statutory duty; and liability for breach of common law except clause 12 above which shall apply once only in respect of all said types of liability. 

14.       Nothing in these Terms and Conditions shall exclude or limit the liability of TRL for death or personal injury caused by TRL negligence, their employees or their agents or liability which is due to TRL fraud or any other liability which it is not permitted to exclude or limit as a matter of law. 

15.       The Client shall indemnify and keep indemnified TRL against any and all losses, proceedings, lost profits, damages, awards, expenses, costs ( on a full indemnity basis), claims, actions and any other losses and/or liabilities TRL may suffer as a result of a breach by the client of these Terms and Conditions. 

16.       These Terms and Conditions prevail over any conditions of the client and shall only be capable of being varied by agreement in writing by a Directory of TRL. 

All rights reserved TRL Pharmacy Locums 2008