Key Points:

1. Locums work on a self-employed basis and contract directly as a business with the clients. We do not employ locums ourselves.
2. Locums are obliged to provide us with copies of invoices submitted where we request them and have to pay administration fees if they fail to do so.
3. Locums are obliged not to undertake further assignments with clients without notifying us first – paying administration fees if this occurs.
4. If you leave a Locum Assignment early without notice and do not follow the Dissatisfaction Procedure, the client will be entitled to deduct 5 days fees from your outstanding invoice(s).

Locum Agreement


DEFINITIONS
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. The Locum accepts that he/she will contract directly with the Client to provide his/her locum services, and the Client will be liable for his/her fees, not the Employment Agency.

“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 lawyer, solicitor, legal executive and/or contractor 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; whether via a limited company, as a contractor or in his/her own name, 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. The Locum enters into this arrangement as a business and the contract is on a business to business basis.

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 Locum also confirms that the documents provided to the Employment Agency are genuine copies of original documents and not altered or adjusted in any way.

The Locum consents to signing an Undertaking of Confidentiality for each Assignment if a Client requires it.

1.3. ASSIGNMENTS
1.3.1 The Employment Agency will endeavour to obtain suitable Assignments for the Locum, but is under no obligations to the Locum regarding this.

1.3.2 The Locum shall not be obliged to accept an Assignment offered by the Employment Agency.

1.3.3 The Locum understands that the nature of locum work means that there will be periods when no suitable work is available and agrees: 

a) that the suitability of the work to be offered shall be determined solely by the Employment Agency;

b) that the Employment Agency shall incur no liability to the Locum should it fail to offer opportunities to work; and

c) that no contract shall exist between the Locum and the Employment Agency during periods when the Locum is not working on an Assignment.

1.3.4 At the same time as an Assignment is offered to the Locum by the Client, 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.

1.3.5 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 £150 plus VAT administration fee for each assignment to cover the costs of obtaining copies of their invoices and recovering fees owed from the Client.

1.4. INVOICING
1.4.1 Upon completion of the Assignment if less than 5 working days, or on a weekly basis if the Assignment is ongoing 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 understands and accepts that his /her locum fees are due from the Client, and not the Employment Agency.

1.4.2 If, after receiving three emails from the Employment Agency, the Locum does not provide the Employment Agency with copies of invoices for amounts due for their time working for the Client, the Locum understands that the Employment Agency will be entitled to charge the Locum the following administration fees, which shall be invoiced by the Employment Agency to the Locum at the same time as sending out the letters:

a) for the first posted letter requesting copies of invoices: £30 plus VAT.

b) for the second and any subsequent posted letters sent by recorded delivery: £50 plus VAT.

1.5. FEES
1.5.1 The Locum will contract directly with the Client in relation to work undertaken and agree to work to the contract conditions contained in Appendix 1 Locum and Client Agreement.
1.5.2 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
1.6.1 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’s 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.

1.6.2 The Locum understands that if notice is not given to end an assignment and the Locum has not used the SERVICE the Client shall be entitled to withhold 5 days fees due by way of compensation. The Locum agrees to accept the decision of the Employment Agency and without further recourse to legal proceedings.

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 that he or she is covered by the provision of adequate Professional Indemnity insurance (**NB: this is usually provided by the Client). The Locum accepts that the Employment Agency shall not be liable for any loss, damage or injury to the Locum as a result of the Assignment, howsoever arising, and that his/her action would be against the Client in these circumstances.

1.8. TERMINATION

The Locum consents to abide by the Dissatisfaction Procedure contained in Appendix 1 and will not leave an assignment without giving notice unless they have been through the Dissatisfaction Procedure. The Locum understands the consequences for loss of earnings if they do not abide by the Dissatisfaction Procedure.

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.

Appendix 1 – Locum and Firm Agreement

This Agreement sets out the terms relating to the provision of locum solicitor services by the Locum to the Firm.

a) The Firm wishes to benefit from certain skills and abilities of the Locum who has pledged his/her time, skills and abilities to the Firm; and

b) The Locum is an independent contractor willing and able to provide his/her services to the Firm for the period contemplated in this Agreement.

c) The Recruitment Agents are Ten-Percent.co.uk Limited, trading as “Interim Lawyers”.

1. TERM

The Locum shall provide services to the Firm from  [Dates] unless and until this agreement is terminated.

2. PLACE OF WORK

The place of work for the locum is the Firm’s office at [Address]

3. SERVICES

3.1 The Locum will provide legal services to the Firm and are for [reason for cover]

3.2 If the Locum is unable to provide the Services due to illness or injury he/she shall notify an appropriate person of the Firm as soon as reasonably practicable.

3.3 The Locum shall ensure that he/she is available at all times on reasonable notice to provide such assistance or information as the Firm may require during the period of this Agreement and at times that he/she is providing Services to the Firm.

3.4 The Locum shall have no authority (and shall not hold himself out as having authority) to bind the Firm, unless the Firm has specifically permitted this in writing in advance.

4. FEES AND EXPENSES

4.1 The Firm shall pay the Locum a fee of [rate] per hour plus VAT if applicable. The Locum shall submit invoices to the Firm on a weekly basis setting out the hours worked for the Firm during the preceding week and any VAT payable (if applicable). The Firm shall pay such invoices by bank transfer within 3 working days of receipt.

5. OTHER ACTIVITIES

5.1 The Locum may be engaged, employed or concerned in any other business, trade, profession or other activity which does not place the Locum in a conflict of interest with the Firm.

6. CONFIDENTIAL INFORMATION AND CLIENT PROPERTY

6.1 The Locum shall not use or disclose to any person either during or at any time after his engagement by the Firm any confidential information about the business or affairs of the Firm or any other company in its group or any of its business contacts, or about any other confidential matters which may come to his knowledge in the course of providing the Services. For the purposes of this clause 5, confidential information means any information or matter which is not in the public domain and which relates to the affairs of the Firm or any other company in its group or any of its or their business contacts.

6.2 The restriction in clause 5.1 does not apply to: (a) any use or disclosure authorised by the Firm or as required by law; or (b) any information which is already in, or comes into, the public domain otherwise than through unauthorised disclosure.

7. DATA PROTECTION

7.1 The Locum consents to the Firm holding and processing data relating to him/her for legal, personnel, administrative and management purposes and in particular to the processing of any “sensitive personal data” as defined in the Data Protection Act 1998 relating to the Locum including, as appropriate: (a) information about the Locum’s physical or mental health or condition in order to monitor sick leave and take decisions as to the Locum’s fitness for work; (b) the Locum’s racial or ethnic origin or religious or similar beliefs in order to monitor compliance with equal opportunities legislation; and (c) information relating to any criminal proceedings in which the Locum has been involved for insurance purposes and in order to comply with legal requirements and obligations to third parties.

7.2 The Locum consents to the Firm making such information available to other companies in its group, those who provide products or services to the Firm (such as advisers), regulatory authorities, governmental or quasi-governmental organisations and potential purchasers of the Firm or other companies in its group or any part of its business.

8. INTELLECTUAL PROPERTY

8.1 The Locum hereby assigns to the Firm all existing and future intellectual property rights (including, without limitation, patents, copyright and related rights) and inventions arising from the Services for the Firm. The Locum agrees promptly to execute all documents and do all acts as may, in the opinion of the Firm, be necessary to give effect to this clause.

8.2 The Locum hereby irrevocably waives all moral rights under the Copyright, Designs and Patents Act 1988 (and all similar rights in other jurisdictions) which the Locum has or will have in any existing or future works.

9. TERMINATION

9.1 The Firm may at any time terminate the Locum’s engagement with immediate effect with no liability to make any further payment to the Locum (other than in respect of any accrued fees or expenses at the date of termination) if: (a) the Locum is in material breach of any of his/her obligations under this agreement; or (b) after notice in writing, the Locum neglects to provide or fails to remedy any material default in providing the Services. The Firm reserves the right to terminate the Locum’s engagement with immediate effect if the Locum, without reasonable excuse or forewarning in writing, fails to attend the Firm’s offices at the agreed time.

9.2 Either party can give to the other party not less than 5 days prior written notice or as otherwise provided in this Agreement. Should the Firm terminate the services of the Locum and not require him/her to work during the notice period, the Locum shall receive payment in lieu of notice calculated at 30 hours of the Locum’s hourly rate. If the Locum fails to give 5 days prior written notice then he/she will be obliged to pay the Firm a fee calculated at 30 hours at the Locum’s hourly rate.  This will not apply if the Locum has followed the “Dissatisfaction Procedure” below.

9.3 If the Locum is dissatisified with the working conditions, the Firm, the work he/she has been asked to complete or the work or behaviour of other employees or fee earners at the Firm, they shall be entitled to follow the Dissatisfaction Procedure. The Firm and the Locum accept that the Recruitment Agents have no liability for any determination of eligibility of the Locum to follow the Dissatisfaction Procedure in any circumstances and act as neutral assessors only. The Firm accepts that it has no recourse to legal action against the Recruitment Agents under any circumstances if the Recruitment Agency indicates that it is satisfied the Dissatisfaction Procedure can be invoked by the Locum.

  1. The Locum will contact the Recruitment Agents, Ten-Percent.co.uk Limited to express his/her concern(s).
  2. The Recruitment Agents will discuss the concerns with the Locum.
  3. If the Recruitment Agents are satisfied with the concerns of the Locum they will indicate their consent for the Locum to invoke the Dissatisfaction Procedure.
  4. The Locum will give notice to the Firm in writing, by email or a document, that they are ceasing the engagement immediately without notice by virtue of the Dissatisfaction Procedure.
  5. The Firm will pay the Locum for the hours worked but not make any payment in lieu of notice.

9.4 Any delay by the Firm in exercising its rights to terminate shall not constitute a waiver of those rights.

10. OBLIGATIONS ON TERMINATION

Any property of the Firm in the Locum’s possession and any original or copy documents obtained by the Locum in the course of providing the Services shall be returned to an appropriate person in the Firm at any time on request and in any event on or before the termination of this agreement. The Locum also undertakes to irretrievably delete any information relating to the business of the Firm or any other company in its group stored on any magnetic or optical disk or memory, and all matter derived from such sources which is in his possession or under his control outside the premises of the Firm.

11. STATUS

The Locum will be an independent contractor and nothing in this agreement shall render him an employee, worker, agent or partner of the Firm and the Locum shall not hold himself or herself out as such.

12. VARIATION

This agreement may only be varied by a document signed by both the Locum and the Firm.

13. THIRD PARTY RIGHTS

13.1 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement and no person other than the Locum and the Firm shall have any rights under it. The terms of this agreement or any of them may be varied, amended or modified or this agreement may be suspended, cancelled or terminated by agreement in writing between the parties or this agreement may be rescinded (in each case), without the consent of any third party.

13.2 The Parties accept that no liability whatsoever arises out of this agreement by the third party Recruitment Agents under any circumstances, and the contractual relationship between the Firm and the Recruitment Agents is governed by the Recruitment Agents’ standard terms and conditions.

14. GOVERNING LAW

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

15. JURISDICTION

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

 

 

 

 

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Signature Certificate
Document name: Locum Agreement
Unique Document ID: b73f6b5695254216b986a3da7a2f26c6b03fd997
Timestamp Audit
November 20, 2018 8:26 pm GMTLocum Agreement Uploaded by Jonathan Fagan - jbfagan@interimlawyers.co.uk IP 82.68.255.158