Please read our terms very carefully and complete the form below to accept them. The main points are:
1. All our locums work on a self-employed basis and contract directly with the firms and companies. We do not employ locums ourselves.
2. Locums are obliged to provide us with copies of invoices submitted where we request them.
3. Locums are obliged not to undertake further assignments with clients without notifying us first. We will consider any locum who does this to be joint and severally liable for our fees from the client.
4. In these circumstances we also charge a £500 + VAT administration fee to the locum for the cost of recovering our fees from the client.
5. In the normal scheme of things, we do not charge locums taking assignments through us any fees. However you need to be aware that this is a commercial contract and we contract with both you as a self-employed locum and the client.
CONTRACT WITH LOCUMS – INTERIM LAWYERS
In these Terms and Conditions the following definitions apply: –
“Assignment” means the period during which the Locum is introduced 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 Agency” means Ten-Percent.co.uk Limited, trading as ‘Interim Lawyers’ of Derwen Bach, Glyndwr Road, Mold CH7 5LW;
“Locum” refers to the 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;
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.
1.1. THE CONTRACT
These Terms constitute a contract for services between the Employment Agency and the Locum and they govern all Assignments undertaken by the Locum. However, no contract shall exist between the Employment Agency and the Locum between Assignments. For the avoidance of doubt, these Terms shall not give rise to a contract of employment between the Employment Agency and the Locum. 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 Employment Agency 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 third party. The Locum warrants that s/he has the necessary skills and qualifications to perform the Assignment. The Locum has a current practising certificate or licence if relevant with the appropriate regulatory authorities to conduct such duties and is not in any breach of conduct with them.
The Employment Agency will endeavour to obtain suitable Assignments for the Locum.
The Locum shall not be obliged to accept an Assignment offered by the Employment Agency.
The Locum understands 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 the Employment Agency; that the Employment Agency shall incur no liability to the Locum should it fail to offer opportunities to work; and that no contract shall exist between the Locum and the Employment Agency during periods when the Locum is not working on an Assignment.
At the same time as an Assignment is offered to the Locum the Employment Agency shall inform the Locum of the identity of the Client, and if applicable the nature of their business; the date the work is to commence and the duration or likely duration of the work; the type of work, location and hours during which the Locum would be required to work.
If, before the first Assignment, during the course of an Assignment or after the Assignment (at any time) the Client wishes to employ the Locum direct or through another Employment Agency, the Locum acknowledges that the Employment Agency will be entitled to charge the Client a fee of £5,000 or 25% of any immediate, past or future payments to the Locum, whichever is the greater.
In addition the Employment Agency 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 at any time.
In addition to this, where a Locum fails to notify the Employment Agency that the Locum has taken an additional assignment with a Client introduced by the Employment Agency, the Employment Agency will charge the Locum a £500 administration fee to cover the costs of recovering fees owed from the Client. Furthermore, the Locum will be joint and severally liable for all fees owing to the Employment Agency arising from the Locum’s actions.
All costs exclude VAT.
Upon completion of the Assignment or on a monthly basis if the Assignment is ongoing or longer than two months the Locum shall deliver to the Employment Agency a copy of his/her invoice for the amount due from the Client to the Locum.
The Locum will contract directly with the Client in relation to work undertaken.
The Locum is not entitled to receive payment from 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 Agency or the Client including but not limited to Statutory Sick Pay, Statutory Maternity Pay, Statutory Adoption Pay and Statutory Paternity Pay.
1.6. CONDUCT OF ASSIGNMENTS
The Locum is not obliged to accept any Assignment offered by the Employment Agency 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 Agency’ 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 Agency within thirty minutes of the commencement of the Assignment. 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 Agency without delay.
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 that he or she is covered by the provision of adequate Professional Indemnity insurance (this is usually provided by the Client).
The Client may terminate the Locum’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 and the Employment Agency. If the Locum does not inform the Client or the Employment Agency 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.
I accept that I contract with Interim Lawyers on a business to business basis.