Terms and Conditions (Doctors)

  • Will practise in accordance to ethics and conducts as outlined in the General Medical Council

  • They are not an employee of Optimum Way Agency and hence have no authority to act on

    behalf of the agency

  • Locums or contractors must observe the standard operating procedures and governance as

    set out by the client at the premises.

  • In the event that a locum/contractor/employees cannot make a booking, it is vital that

    Optimum Way Agency is informed at the earliest opportunity.

  • Where client seeks compensation for non-appearance then this rests with the

    Locum/contractor/employee and not Optimum Way agency

  • The Agency is not responsible for the payment of Locum/contractor expenses whatever the

    circumstances of non-payment including late payments

  • The locum must agree to Inform the Agency of any changes in personal circumstances

    including the address, work status and fitness to practise (any police disciplinary or GPhC

    investigations affecting their ability to resume work)

  • Locums or contractors are self-employed and therefore responsible for paying their own

    national insurance and taxes

  • Where direct booking occurs between the locum and the client, the client is obliged to

    inform the agency of any occasion where the locum is employed by the client following the

    last day they where working through the agency within a period of 18 days

  • Any information passed unto the locum by Optimum Way agency regarding a client is

    confidential and as a condition of registration they wont pass on any confidential information inclusive of booking times, rates, payment information which is not accessible to the public.

  • Upon request, locums must be able to provide copies of relevant documents necessary to assist the agency that they comply with UK working requirements and regulations

  • Locums must stay up to date regarding continuous professional development

  • In accepting any assignment secured through Optimum Way Agency, the locum is in total

    agreement of the terms and conditions and agrees to abide by them.

  • I also grant Optimum Way Agency permission to submit proof of my professional

    accreditations or share locum details with All clients involved

  • We will endeavour to seek opportunities or placements for the locum contractor that are

    relevant to the employee’s skills and qualifications and of the type of work indicated on the application form. We will work hard to determine the contractors ability and suitability for assignments and this will be at the discretion of Optimum Way agency.

  • We make no guarantees that we will find suitable assignments or placements. Also, there is no guarantee of an assignment or placement being available. We are not obliged to offer the contractor and have no liability in doing so. No contract should exist between the parties between assignments.

  • We have no liability to any personal injury, damage or losses the employee may suffer whilst conducting assignments or placements; whilst acting on client instructions or from the client premises. This includes any loss, injury or damage to 3rd parties as a result of any breach in these terms or of any statutory provision, negligence, misconduct or fraud whilst travelling to or from an assignment.

  • Should the agency have liability to the locum or contractor for any losses arising from our (employees, subcontractors or agencies) breach of this agreement or of any statutory provision, negligence, misconduct or otherwise limited to fees that are payable to the

contractor for the assignment n respect of which our liability to contractor arose. Our

liability for our negligence for fraud, injury, death or fraudulence is not limited or excluded.

  • Terms and conditions are agreed by the locum should they undergo their first assignment

  • The contractor shall ensure that its employee consents to our obtaining a criminal records

    bureau check or report from the independent safeguarding authority in relation to him/her

    and agrees to immediately notify us of any changes in personal circumstances

  • If the contractor is offered an assignment and the employee has previously worked in the

    same or similar role with the client through any 3rd party after 1 October 2011 then the contractor is obliged to inform us immediately if it becomes aware of this and if possible, before an assignment starts and provide us with the full details of the work undertaken.

  • Contractor must inform us as soon as possible if they have already completed work with the client

  • If the contractor or employee considers that the employee has not had equal treatment by the agency as a result of any act or omission of ours, then the contractor may raise this or request employee to raise this In writing.

  • The locum or contractor must inform Us if the reason for the Employee not working during any break between Assignments is due to one or a combination of any of the following reasons: sickness or injury; pregnancy, childbirth or maternity; wholly for the purpose of taking time off or leave, whether statutory or contractual, to which the Employee is otherwise entitled; wholly due to the Employee being summoned for jury service; wholly due to usual seasonal reduction in requirements for workers according to the client’s established custom and practice; or wholly due to industrial action at the client’s workplace.

  • The locum or contractor shall ensure that, whilst the Employee is on the client’s premises, the Employee must familiarise himself or herself with the collective facilities and other amenities offered by the client including but not limited to canteen and other similar facilities, childcare facilities and transport services of the client as well as any vacancies at the client for work that the Employee may be suited to do.

  • If the client requires the Contractor to work longer than the hours that are usual for the client’s organisation in any given week, or in any event more than 37 hours in any given week the Contractor must notify Us as soon as reasonably practicable and in any event before the 37 hours of work are completed.

  • Whilst carrying out the Assignment, the Locum or contractor shall ensure that the Employee will adhere to the terms of any generally accepted Codes of Professional Conduct that apply to the relevant profession such as the administration of drugs and sterile techniques and, in particular, where relevant shall have regard to the guidance contained in the General Medical Council’s publication ‘Good Medical Practice’ relating to the conduct of practitioners.

  • Neither the Locum contractor nor its Employee shall engage in any conduct detrimental to Our interests or to the interests of the client.

  • The Contractor shall deliver up to the client or to Us at the end of each Assignment all documents and other materials belonging to the client (and all copies), which are in its possession including documents and other materials created by it or by its Employee during the course of the Assignment.

  • The client shall be the sole owner of any work product, including any intellectual property rights thereto, created during the Assignment. And the Contractor hereby assigns to the client (where appropriate, by way of present assignment of future copyright) or (in any other case) agrees to assign to the client absolutely on demand, with full title guarantee and for no further consideration, all intellectual property rights in respect of such work product.

  • Further, the Contractor shall ensure that its employees are employed or engaged on terms which are consistent with the provisions of this clause and that their employees waive all moral rights in respect of their work product

  • The Contractor shall ensure that adequate insurance coverage, including but not limited to employer’s liability insurance, public liability insurance, professional indemnity and clinical negligence and any other suitable insurances, is provided for both the Contractor and its Employee during an Assignment to cover their liabilities which may arise under or in connection with this agreement. The insurance cover so provided shall not be less than £5 million unless We have agreed, in writing, that cover of a lesser amount is adequate in the circumstances.

  • The Contractor shall also ensure that, if the Employee is a surgeon, physician, doctor, dentist, nurse or midwife or other Allied Healthcare professions (including Social Workers) then the Employee belongs to and subscribes to and is insured by the Medical Defence Union or Medical Protection Society or other equivalent organisation (in the case of a surgeon, physician, doctor or dentist) or the Royal College of Nursing or other equivalent organisation (in the case of a nurse) or the Royal College of Midwives or other equivalent organisation (in the case of a midwife) or other similar insurance scheme and that the insurance scheme covers all their liabilities which may arise under or in connection with this agreement.

  • In the event that the Employee does not have such insurance cover the Contractor must inform Us immediately. The Contractor shall be responsible for and shall indemnify Us for any loss, liability, costs (including legal costs), damages or expenses that We may incur arising directly or indirectly from that failure.

  • The Contractor will be paid weekly in arrears directly into its bank account for the previous week. If We receive the Contractor’s timesheet late, payment may be delayed. We shall be entitled to deduct from the fees paid, any sums due to Us.

  • –  We will pay the Contractor for the hours that its Employee works irrespective of whether or not We recover any payment from Our client for their work. Payment is subject to any deductions that We are obliged by law to make in the circumstances. The Contractor, however, shall be responsible for any PAYE Income Tax, National Insurance contributions and any other taxes and deductions payable in respect of its Employee.

  • The Contractor will be paid at the rate of pay agreed for the Assignment. This rate will be equivalent to more than the National Minimum Wage. The scale of pay rates will be agreed on registration, the actual rate will be agreed on offer of an Assignment. If the Employee completes the Qualifying Period, the Employee may be entitled to enhanced rates and/or benefits under the AWR and in that event We shall vary Our payments to the Contractor accordingly and the Contractor shall at the same time make the same variation in the corresponding payments the Contractor makes to the Employee.

  • We will only reimburse the Contractor’s expenses if We have previously agreed to do so in writing and payment for these expenses will be made directly to the Contractor and not to the Employee.