“Associate” has the meaning prescribed in the Companies Act 2006 or any re-enactment thereof:
“Booked Date” The first day on which the Worker undertakes a work placement for a Customer.
“The Contract” The contract between WeLocum and a Customer in respect of the Service
“Customer” Any and all person’s bodies and/or organisations with whom WeLocum contract to provide the Service, including a subsidiary or associated company.
“Locum” The Pharmacist, Pharmacy Technician or Pharmacy Dispenser provided by WeLocum to the Customer.
“Pre-Reg” A Pre-Registration Trainee provided by WeLocum to the Customer.
“The Worker’s Wage” Shall mean the wage payable by the Customer to the Worker directly
“The Service” The service of introducing Workers to Customers and/or advertising Customer’s employment positions to Workers. WeLocum will only provide a platform for Locums and Pharmacies to arrange work placements
“WeLocum” is the firm being WeLocum Limited (company regn. No 09795051)
“Worker(s)” a Locum and or Pre-Reg.
Services between WeLocum and Customer and Worker
The Customer accepts that any contract of employment or engagement between the Customer and the Worker is their entire responsibility and the liability for paying the Worker’s wage is the sole responsibility and obligation of the Customer. If the Customer cancels a confirmed booking they must notify WeLocum and the respective Worker booked immediately using the details on WeLocum’s website and WeLocum may prevent the Customer from using the Service.
All further employment arranged between the Customer and the same Worker should be arranged through WeLocum
Where a Worker cancels a confirmed booking:
WeLocum will use its best endeavours to find a suitable alternative replacement Worker for the Customer;
WeLocum shall bear no liability for any loss or damage of the Customer arising from said cancellation.
A Worker whose booked services are cancelled by a Customer may without limitation retain rights to seek compensation or damages from the Customer. WeLocum are in no way responsible for these situations and you are urged to speak to your insurers if advice is needed.
Liability & Each Party’s Responsibilities
WeLocum will obtain and will endeavour to provide to the Customer: confirmation of the Locum’s identity; copies of the Worker’s qualifications and any authorisation which the hirer considers are necessary; or which the worker needs to have by law or by the requirements of any professional body, such as the GPHC in order to carry out the work.
The Customer will decide the remuneration rates (the "Rate") for Workers before the Worker is engaged by the Customer. The Customer agrees to review the Rate for every vacancy and if necessary the Rate may change.
The Customer agrees that the rate must be fair and reasonable according to the current market and be no less than £18/hr for a locum pharmacist position
Payment of the Worker at the Rate is the sole responsibility and obligation of the Customer, who must make such payment directly and forthwith to the Worker within their agreed timeframe, unless the Worker and the Customer agree an alternative schedule of payment.
The Worker and the Customer shall share sole responsibility for ensuring that all Income Tax, National Insurance Contributions and other statutory payments as assessable under Schedule D of the Finance Act are paid as necessary.
Upon proposing a Worker or Workers to the Customer WeLocum shall supply to the Customer of such documents referred to in clause 3.1 if such documents have been made available to WeLocum.
WeLocum endeavours to take all such steps as are reasonably practicable to ensure that the Customer and Worker are aware of any requirements imposed by law or any professional body to enable the Worker to work in the position which the Customer seeks to fill.
The Customer shall satisfy itself as to the suitability of the Worker before engaging such Worker. The Customer is responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any Worker, and satisfying any medical and other information, requirements, qualifications or permission required by law of the country in which the Worker is engaged to work.
The Customer must give WeLocum the following information:
the date you require a work-seeker to start and for how long;
the type of work, location, working hours and any health and safety risks and controls;
the experience, training and qualifications the hirer needs for the post or are needed by law;
any expenses payable by or to the work-seeker; and
if you run an agency, the minimum wage, benefits, method of payment, and notice periods for termination of employment (where applicable).
WeLocum is not and cannot be responsible for:
any acts or omissions of a Worker;
any failure of a Worker to provide partly or in full the services requested by the Customer; or
any loss of the Customer, financial or otherwise, including without limitation any civil or criminal or regulatory claim or proceedings or liability arising from any act or omission or failure or conduct of a Worker.
If the Customer is dissatisfied with a Worker it must immediately contact WeLocum.
The Customer accepts responsibility to ensure that the premises in which the Worker will work complies with the standard laid down in the GPhC’s Medical Ethics and Practice Guide, and all other relevant statutory requirements and guidelines and is suitable for the purposes of employment. WeLocum accept no liability for any loss resulting from non-compliance with this provision.
The Customer must ensure that it has in force suitable and adequate comprehensive professional indemnity insurance policies from an insurance company of good repute to cover the period of engagement of the Worker and such professional services and other services that the Worker shall supply. WeLocum accept no liability for any loss resulting from non-compliance with this provision.
WeLocum accept no liability for any loss or damage, whether to property, loss of profits or for any injury caused to any person, resulting from the acts or omissions of the Worker whether these acts or omissions were fraudulent, negligent or through any other cause.
In any event WeLocum’s liability for any breach of the terms whatsoever is limited to no more than £15.
WeLocum agree to keep details of Customers confidential save for the purposes of arranging work placements in accordance with the provisions of this agreement.
The Customer must keep confidential the terms of this Contract and the ongoing business relationship between WeLocum and the Customer. The details of individual Workers must not be forwarded on to any prospective employer of the Worker nor may the details be used to arrange employment in breach of these terms and conditions.
Effect of Notification of Terms and Conditions.
These terms and conditions shall prevail over any terms and conditions of the Customer.
No variation or alteration to these Terms shall be valid unless such variation or alteration is agreed in writing by Welocum and the Customer and a copy of the varied terms states the date on or after which such varied terms shall apply.
These terms and conditions, save for express notification to the contrary by WeLocum, form the standard terms and conditions for all contracts to be formed between the Customer and WeLocum with regard to the Service.