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Terms of business with a Client for the supply of Limited Company Contractor who has not opted out of the Conduct Regulations (within IR35 and under SDC)

DEFINITIONS

 

Agreement” or the “Terms” means the terms and conditions between Bookamed and the Client to connect GP Locums to the Client for Engagement on a temporary basis.

 

Bookamed” means Bookamed Limited (Company Number: 10152215), a company incorporated in United Kingdom and having its office at 160 Kemp House, City Road London EC1V 2NX, United Kingdom. Bookamed carries on the business of sourcing and supplying medical contractors (also known as Medical Locums) like GPs, Nurses, etc to provide services to clients of Bookamed.

 

Bookamed Checking Services” means the checks on a GP Locum as set out at clause 4 and Annexure 2 of this Agreement.

 

Bookamed Invoice” shall have the meaning assigned to it in clause 10.1 of this Agreement.

 

Bookamed Platform Services” shall have the meaning assigned to it in Annexure-1 of this Agreement.

 

Client” means an individual, partnership, LLP or corporate body together with any subsidiary or associated company as defined by the Companies Act 2006 requiring services of GP Locum.

 

Client Information” shall have the meaning as assigned to it in Annexure-1 of this Agreement.

 

Data Protection Laws” means the Data Protection Act 1998, any applicable statutory or regulatory provisions and all European Directives and regulations in force from time to time relating to the protection and transfer of personal data.

Engagement” means any appointment of the GP Locum directly or indirectly by the Client on a temporary basis, whether under a contract of service or for services.

 

GP Locum” means individual general medical practitioner providing his/her services to the Client for relevant Engagement. The GP Locum could either be self-employed or providing his/her services through a private limited company.

 

GP Locum Agreement” means the agreement in place between Bookamed and the GP Locum.

 

Overtime” shall have the meaning assigned to it in clause 13 of this Agreement.

 

Platform” means the Bookamed website, (www.Bookamed.com), or such other site as may replace it from time to time) and/or any associated mobile application, wherein the Client places request for a GP Locum on a temporary basis.

 

Platform Agreement” means the terms and conditions applying to use of the Platform.

 

Timesheet Submission Date” shall have the meaning assigned to it in Annexure-1 of this Agreement.

 

Timesheet Validation Date” shall have the meaning assigned to it in Annexure-1 of this Agreement.

 

User Account” shall have the meaning as assigned to it in Annexure-1 of this Agreement.

 

Agency Worker” means any officer, employee, worker or representative of the Intermediary supplied to provide the Intermediary Services.

 

Apprenticeship Levy” means the apprenticeship levy due in accordance with the Finance Act 2017 and the Income Tax (Pay As You Earn) (Amendment) Regulations 2017.

 

Assignment” means the Intermediary Services to be performed by the Agency Worker for the Client for a period of time during which the Intermediary is supplied by the Employment Business to provide Intermediary Services to the Client.

 

Assignment Details Form” means written or electronic confirmation of the Assignment details agreed with the Client prior to commencement of the Assignment.

 

AWR” means the Agency Workers Regulations 2010, and the Agency Workers (Northern Ireland) Regulations 2011.

 

AWR Claim” means any complaint or claim to a tribunal or court made by or on behalf of the Agency Worker against the Client and/or the Employment Business for any breach of the AWR.

 

Calendar Week” means any period of seven days starting with the same day as the first day of the First Assignment.

 

Charges” means the charges as notified to the Client at the commencement of the Assignment and which may be varied by the Employment Business from time to time during the Assignment. The charges are comprised of the Intermediary's fees, the Employment Business's commission, and any travel, hotel or other disbursements as may have been agreed with the Client and a charge for the Apprenticeship Levy.

 

Comparable Employee” means as defined in Schedule 1 to this Agreement.

 

Conduct Regulations” means the Conduct of Employment Agencies and Employment Businesses Regulations 2003 and the Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005.

 

Control” means (a) the legal or beneficial ownership, directly or indirectly, of more than 50% of the issued share capital or similar right of ownership; or (b) the power to direct or cause the direction of the affairs and/or general management of the company, partnership, statutory body or other entity in question, whether through the ownership of voting capital, by contract or otherwise, and "Controls" and "Controlled" shall be construed accordingly.

 

Data Protection Laws” means the Data Protection Act 1998 and any applicable statutory or regulatory provisions in force from time to time relating to the protection and transfer of personal data.

 

Engagement” means the engagement (including the Intermediary’s and/ or the Agency Worker’s acceptance of the Client’s offer), employment or use of the Intermediary’s services or the services of the Agency Worker, by the Client or by any third party to whom they have been introduced by the Client, directly or indirectly, on a permanent or temporary basis whether under a contract of service or for services, or an agency, licence, franchise or partnership arrangement, or any other engagement or through any other employment business and “Engage”, “Engages” and “Engaged” shall be construed accordingly.

 

First Assignment” means:

a) the relevant Assignment; or

b) if, prior to the relevant Assignment: 

  1. (i) the Agency Worker has worked in any assignment in the same role with the relevant Client as the role in which the Agency Worker works in the relevant Assignment; and

  2. (ii) the relevant Qualifying Period commenced in any such assignment, that assignment (an assignment being (for the purpose of this defined term) a period of time during which the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Client to work temporarily for and under the supervision and direction of the relevant Client).

 

FOIA” means the Freedom of Information Act 2000 and the Freedom of Information (Scotland) Act 2002

 

Client's Group” means (a) any individual, company, partnership, statutory body or other entity which from time to time Controls the Client, including (but not limited to) as a holding company as defined in section 1159 of the Companies Act 2006; and (b) any company, partnership, statutory body or other entity which from time to time is Controlled by or is under common Control with the Client, including (but not limited to) as a subsidiary or holding company as defined in section 1159 of the Companies Act 2006.

 

Intermediary” means the person, firm or corporate body introduced to the Client by the Employment Business to carry out an Assignment (and, save where otherwise indicated, includes any Agency Worker).

 

Introduction” means (i) the passing to the Client of a curriculum vitæ or information which identifies the Intermediary or Agency Worker (ii) the Client’s interview of an Intermediary or Agency Worker (in person, by telephone or by any other means), following the Client’s instruction to the Employment Business to supply a temporary worker; or (iii) the supply of an Intermediary; and, in any case, which leads to an Engagement of that temporary worker, Intermediary or Agency Worker; and “Introduces” shall be construed accordingly.

 

ITEPA” means the Income Tax (Earnings and Pensions) Act 2003.

 

Losses” means all losses, liabilities, damages, costs, expenses, fines, penalties or interest whether direct, indirect, special or consequential (including, without limitation, any economic loss or other loss of profits, business or goodwill, management time and reasonable legal fees) and charges, including such items arising out of or resulting from actions, proceedings, claims and demands and “Loss” shall be construed accordingly.

 

NICs Legislation” means the Social Security (Categorisation of Earners) Regulations 1978

 

Period of Extended Hire” means any additional period that the Client wishes the Intermediary to be supplied for beyond the duration of the original Assignment or series of Assignments as an alternative to paying a Transfer Fee.

 

Public Authority” means a public authority (a) as defined in the FOIA and (b) as further defined in Section 61L ITEPA.

 

Qualifying Period” means 12 continuous Calendar Weeks during the whole or part of which the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Client to work temporarily for and under the supervision and direction of the relevant Client in the same role, and as further defined in Schedule 1 to this Agreement.

 

Relevant Period” means whichever ends the later of (a) the period of 8 weeks commencing on the day after the last day on which the Intermediary worked for the Client having been supplied by the Employment Business; or (b) the period of 14 weeks commencing on the first day on which the Intermediary worked for the Client having been supplied by the Employment Business or 14 weeks from the first day of the most recent Assignment where there has been a break of more than 6 weeks (42 days) since any previous Assignment.

 

Relevant Terms and Conditions” means terms and conditions relating to:

 (a) pay;

 (b) the duration of working time;

 (c) night work;

 (d) rest periods;

 (e) rest breaks; and

 (f) annual leave

that are ordinarily included in the contracts of employees or workers (as appropriate) of the Client whether by collective agreement or otherwise and including (for the avoidance of doubt and without limitation) any such terms and conditions that have become contractual by virtue of custom and practice, including copies of all relevant documentation.

 

Remuneration” includes gross base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments taxable, (and, where applicable, non-taxable) payable to or receivable by the Intermediary for services rendered to or on behalf of the Client. Where a company car is provided, a notional amount of [insert amount] will be added to the sums paid to the Intermediary in order to calculate the Introduction Fee.

 

Temporary Work Agency” means as defined in Annexure 3 to this Agreement.

 

Transfer Fee” means the fee payable in accordance with clause 13 below and Regulation 10 of the Conduct Regulations.

 

Vulnerable Person” means any person who by reason of age, infirmity, illness, disability or any other circumstance is in need of care or attention, and includes any person under the age of eighteen.

 

WTR” means the Working Time Regulations 1998 and the Working Time Regulations (Northern Ireland) 1998.

 

1. TERMS

 

1.1 This Agreement together with the attached Annexures and any applicable Assignment Details Form constitutes the entire agreement (“the Agreement”) between Bookamed and the Client for the supply of the Intermediary Services by Bookmed to the Client, and is deemed to be accepted by the Client by virtue of its request for, interview with, or Engagement of an Intermediary or the passing of any information about the Agency Worker or Intermediary to any third party following an Introduction.

 

1.2. Bookamed shall act as an employment business when introducing an Intermediary or Agency Worker for Assignments with the Client. In this agreement, the Employment Business shall be referred to as Bookamed.

 

1.3. The Intermediary supplied by Bookamed to the Client is engaged on a contract for services. The Agency Worker supplied by the Intermediary is deemed to work under (or subject to the right of) supervision, direction or control of the Client as to the manner in which s/he provides his/ her services for the duration of the Assignment.

 

1.4. Unless otherwise agreed in writing by a Director of Bookamed this Agreement shall prevail over any terms of business or purchase conditions (or similar) put forward by the Client.

 

1.5. The Client acknowledges that the Intermediary and the Agency Worker carrying out the Assignment have not opted out of the Conduct Regulations and that all of the Conduct Regulations apply to this Agreement.

 

1.6. It is explicitly agreed by the Client that by registering on Platform, the Client accepts these Terms in its entirety and is instructing Bookamed to supply an Intermediary or an Agency Worker to provide certain services as specified in the vacancy description.

 

2. KEY OBLIGATIONS OF BOOKAMED

 

2.1 Bookamed shall:

2.1.1 Introduce the Intermediary or the medical locum to the Client;

2.1.2 provide and maintain the Platform;

2.1.3 provide (through the Platform) the Bookamed      Platform Services;

2.1.4 provide the Bookamed Checking Services; and

2.1.5 (in addition to its obligations under this  agreement) comply with its obligations under the GP Locum Agreement and the Platform Agreement.

 

2.2 When Introducing an Intermediary to the Client Bookamed shall inform the Client:

2.2.1 of the identity of the Intermediary and that of the Agency Worker supplied by the Intermediary to carry out the Assignment; ​​​​

2.2.2 that the Agency Worker has the necessary or required experience, training, qualifications and any authorisation required by law or a professional body to work in the Assignment;

 2.2.3 that the Agency Worker is willing to work in the  Assignment;

 2.2.4 details of the Intermediary Services to be provided; and

 2.2.5 the Charges.

 

2.3 Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any Public or Bank Holiday) following, save where the Intermediary is Introduced for an Assignment in the same position as one in which the Intermediary had previously been supplied within the previous 5 business days and such information has already been given to the Client, unless the Client requests that the information be resubmitted.

 

3. KEY OBLIGATIONS OF THE CLIENT

 

3.1 To enable Bookamed to comply with its obligations under the Conduct Regulations the Client undertakes to provide to Bookamed details of the position which the Client seeks to fill in writing or by uploading the information on the platform, including the following:

3.1.1  provide the information required by the Platform in order to register, list a vacancy, and / or select and engage a GP Locum;

3.1.2  the location and hours of work;

3.1.3 Provide the information required to generate timesheets, invoices and GP Locum ratings

3.1.4 Provide the list of experience, training, qualifications and any authorisations which the Client considers are   necessary or which are required by law or by any professional body like General Medical Council, and the Care Quality Commission for the GP Locum to provide GP services

3.1.5 any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks;

3.1.6 Provide information required to complete Bookamed pre-employment checks

3.1.7 pay the Charges as required under this Agreement; and

3.1.8 (in addition to its obligations under this agreement) comply with its obligations under the Platform Agreement.

 

3.2  The Client will comply with its obligations under Regulations 12 (Rights of agency workers in relation to access to collective facilities and amenities) and 13 (Rights of agency workers in relation to access to employment) of the AWR.

 

3.3 To enable Bookamed to comply with its obligations under the AWR, the Client undertakes as soon as possible prior to the commencement of each Assignment and during each Assignment (as appropriate) and at any time at Bookamed’s requests 

3.3.1 to inform Bookamed of any Calendar Weeks in the 24 months immediately preceding the start of the Assignment and/or during the relevant Assignment in which the relevant Agency Worker has worked in the same or a similar role with the Client via any third party and which count or may count towards the Qualifying Period;

3.3.2 if, in the 24 months immediately preceding the start of the Assignment and/or during the relevant Assignment , the relevant Agency Worker has worked in the same or a similar role with the Client via any third party to provide Bookamed with all the details of such work, including (without limitation) details of where, when and the period(s) during which such work was undertaken and any other details requested by Bookamed;

 3.3.3. to inform Bookamed if, in the 24 months immediately preceding the start of the relevant Assignment and/or during the relevant Assignment the Agency Worker has:

​​​​​​3.3.3.1 completed two or more assignments with the Client

3.3.3.2 completed at least one assignment with the Client and one or more earlier assignments with any member of the Client’s Group; and/or

3.3.3.3 worked in more than two roles during an assignment with the Client and on at least two occasions worked in a role that was not the same role as the previous role;

3.3.4 save where the Agency Worker will not complete the Qualifying Period during the term of the Assignment, to:​​​​​​​

3.3.4.1 provide Bookamed with written details of the basic working and employment conditions the Agency Worker would be entitled to for doing the same job if the Agency Worker had been recruited directly by the Client as an employee or worker at the time the Qualifying Period commenced or with those of a Comparable Employee, such basic working and employment conditions being the Relevant Terms and Conditions;​​​​​​​

3.3.4.2 inform Bookamed in writing whether the Relevant Terms and Conditions provided are those of a hypothetical directly recruited employee or worker or those of a Comparable Employee;

​​​​​​​3.3.4.3 if the Relevant Terms and Conditions provided are those of a Comparable Employee, provide Bookamed with a written explanation of the basis on which the Client considers that the relevant individual is a Comparable Employee; and

​​​​3.3.4.4 inform Bookamed in writing of any variations in the Relevant Terms and Conditions made at any time during the relevant Assignment after the Qualifying Period commenced; and

​​​​3.3.5 save where the Agency Worker will not complete the Qualifying Period during the term of the Assignment, to provide Bookamed with written details of its pay and benefits structures and appraisal processes and any variations of the same.

 

​​​​​​​3.4 In addition, for the purpose of awarding any bonus to which the Agency Worker may be entitled under the AWR, the Client will:​​​​​​​

3.4.1 integrate the Agency Worker into its relevant performance appraisal system;​​​​​​​

3.4.2 assess the Agency Worker’s performance;​​​​​​​

3.4.3 provide Bookamed with copies of all documentation relating to any appraisal of the Agency Worker, including without limitation written details of the outcome of any appraisal and the amount of any bonus awarded; and​​​​​​​

3.4.4 provide Bookamed with all other assistance Bookamed may request in connection with the assessment of the Agency Worker’s performance for the purpose of awarding any bonus.

 

3.5 ​​​The Client will comply with all Bookamed’s requests for information and any other requirements to enable Bookamed to comply with the AWR.

 

​​​​​​​3.6 The Client warrants that:

​​​​​​​3.6.1 all information and documentation supplied to Bookamed in accordance with clauses 3.2 to 3.5 inclusive is complete, accurate and up-to-date; and​​​​​​​

3.6.2 it will, during the term of the relevant Assignment, immediately inform Bookamed in writing of any subsequent change in any information or documentation provided in accordance with clauses 3.2 to 3.5 inclusive.

 

​​​​​​​3.7 Without prejudice to clauses the Client shall inform Bookamed in writing of any:

​​​​​​​3.7.1 oral or written complaint the Agency Worker makes to the Client which is or may be a complaint connected with rights under the AWR; and ​​​​​​​

3.7.2 written request for information relating to the Relevant Terms and Conditions that the Client receives from the Agency Worker as soon as possible but no later than 7 calendar days from the day on which any such oral complaint is made to or written complaint or request is received by the Client and the Client undertakes to take such action and give such information and assistance as Bookamed may request, and within any timeframe requested by Bookamed, in order to resolve any such complaint or to provide any such information in a written statement to the Agency Worker within 28 days of the Client’s receipt of such a request in accordance with Regulation 16 of the AWR and the Client will provide Bookamed with a copy of any such written statement.

 

​​​​​​​3.8 The Client undertakes that it knows of no reason why it would be detrimental to the interests of the Intermediary for the Intermediary to fill the Assignment.

 

​​​​​​​3.9 The Client confirms that it is not a Public Authority. If the Client is a Public Authority Bookamed may, if the circumstances require, terminate this Agreement and any Assignments issued under it in accordance with clause [Applicable only if Client is a Public Authority]

 

​​​​​​​3.10 The Client confirms that it is a Public Authority [Applicable if Client is not a Public Authority]

 

​​​​​​​3.11 The registration, vacancy listing, timesheet approval, invoicing and Payment approval process is as provided in Annexure-1.

 

4. GP LOCUM SELECTION

 

​​​​​​​4.1 Bookamed shall, acting as an Employment business within the Conduct of Employment Agencies and Employment Businesses Regulations 2003 and associated legislation, as amended from time to time, provide employment business services via its Platform where Clients can post assignment opportunities and search for and evaluate GP Locums, and where GP Locums can post individual profiles and search for and evaluate opportunities with the Clients of Bookamed.

 

​​​​​​​4.2 The Client is solely responsible for posting a vacancy on Bookamed Platform and finding a suitable Locum to fill the vacancy.

 

​​​​​​​4.3 After posting information relating to any Engagement, the Client will be able to view the profiles of the suitable GP Locums (as may be available on the Platform) for the Engagement. The selection of GP Locum shall be done solely by the Client on the basis of the Client’s requirement and the information provided about the GP Locum on the Platform or on any application made by the GP Locums.

 

​​​​​​​4.4 The Client agrees that for the purpose of the Engagement, it will not breach (directly or indirectly) or cause Bookamed to breach any anti-discrimination laws, including but not limited to the Equality Act 2010. The Client agrees that it will not reject or stop a GP Locum from working for it for any reason that is discriminatory in nature.

 

​​​​​​​4.5 The Client will engage the GP Locum directly and will be responsible for compliance with all applicable legislative provisions whether connected to employment law, National Health Service regulations or other areas. The Client understands and agrees that Bookamed shall not be responsible for any engagement or supervisory decisions made by the Client or GP Locum, as these are matters to be determined by them.

 

​​​​​​​4.6 The Client represents and warrants that the details provided on the Bookamed Platform in relation to the Engagement or for the purpose of the Engagement shall be accurate and true at all times.

 

​​​​​​​4.7 The Client warrants that if information provided on the Bookamed Platform in relation to the Engagement or for the purpose of the Engagement becomes incomplete, inaccurate or out-of-date that it will notify Bookamed immediately and submit appropriate revised information to Bookamed/the Platform without delay.

 

5. PRE-EMPLOYMENT CHECKS OF GP LOCUM

 

​​​​​​​5.1 The General Medical Council (GMC) stipulates the completion of the following pre-employment checks before hiring a GP Locum: 

  1. 5.1.1 Identity
  2. 5.1.2 Right to work 
  3. 5.1.3 Professional registration and qualification
  4. 5.1.4 Employment history anf references 
  5. 5.1.5 Criminal Record
  6. 5.1.6 Occupational Health
  7.  
  8. Annexure-2 details the checks under each category.

 

​​​​​​​5.2 The Client shall not engage a GP Locum until it has received the results of all mandatory checks highlighted in Annexure-2 and any engagement prior to receiving such results shall be entirely at the Client’s own risk.

 

​​​​​​​5.3 As part of pre-employment checks, Bookamed shall source and verify the documents provided by the GP Locum. Bookamed may use additional third party tools to verify the authenticity of the original documents provided.

 

​​​​​​​5.4 Bookamed shall ask the GP Locum if a DBS check has been carried out and shall obtain a copy of the DBS check under Regulation 22 of the Conduct Regulations. The Client shall be the sole authority in carrying out the DBS check. The Client agrees to conduct checks not carried out by Bookamed on the GP Locum. If necessary, the Client shall conduct additional checks on the checks completed by Bookamed.

 

​​​​​​​5.5 Whilst all information is collected in good faith, Bookamed does not guarantee that information provided by GP Locums or third parties is true and accurate. ​​​​​​​

 

5.6 The Client shall at its sole discretion decide if the GP Locum meets the eligibility criteria for the Engagement including any pre-employment checks. Bookamed shall not be responsible for any loss to the Client due to the Client’s selection of any GP Locum.

 

​​​​​​​5.7 The Client shall advise Bookamed at the time of instructing Bookamed to supply an Intermediary, whether during the course of the Assignment, the Intermediary or the Agency Worker will be required to work with, care for or attend one or more Vulnerable Persons or engage in activity or otherwise be working in a position covered by the Safeguarding Vulnerable Groups Act 2006.​​​​​​​

 

5.8 The Client shall assist Bookamed by providing any information required to allow Bookamed to comply with its statutory obligations under the Safeguarding Vulnerable Groups Act 2006, and to allow Bookamed to select a suitable Intermediary for the Assignment

 

​​​​​​​5.9 In particular in the event that the Client removes an Intermediary from an Assignment in circumstances which would require Bookamed to provide information to the Disclosure and Barring Service (or equivalent authority) under the Safeguarding Vulnerable Groups Act 2006, the Client will provide sufficient information to Bookamed to allow it to discharge its statutory obligations.

 

6. TIMESHEETS

 

​​​​​​​6.1 As required under the terms of the GP Locum Agreement, the GP Locum shall submit his/her timesheets on the Platform for the services performed for the Client by the Timesheet Submission Date. ​​​​​​​

 

6.2 The Client agrees to validate and confirm the timesheets submitted by the GP Locum, which includes information on the number of hours, home visits, extra admin and overtime hours (if any) worked by the GP Locum, by the Timesheet Validation Date.

 

​​​​​​​6.3 If the Client fails to validate the timesheets submitted by the GP Locum within the Timesheet Validation Date, the timesheets submitted by the GP Locum shall be deemed valid and payable. Failure to validate the timesheet will not alter the Client’s liability to pay for the hours worked by the GP Locum.

 

​​​​​​​6.4 If any discrepancy is found in the timesheets, the Client shall notify the GP Locum and Bookamed regarding such discrepancy before the Timesheet Validation Date. The Client and the GP Locum shall directly work to settle any discrepancy relating to the timesheets.

​​​​​​​6.5 The Client shall not be entitled to decline to sign a timesheet on the basis that it is dissatisfied with the work performed by the Intermediary. In the event that the Client is dissatisfied with the work performed by the Intermediary the provisions of clauses 15.1 and 21.3 below shall apply.

 

7. OVERTIME

 

​​​​​​​7.1 The Client acknowledges that he/she shall inform the GP Locum regarding the overtime policy of the Client for each session during the Engagement. The consultation for each patient shall be as described in the vacancy listing. Any time spent by the GP Locum beyond the prescribed time shall be considered as overtime (“Overtime”).

 

​​​​​​​7.2 If the GP Locum claims for Overtime, he/she shall indicate in the timesheets whether the Overtime was pre-approved by the Client and shall provide the name of the approver. If the Overtime was pre-approved, the GP Locum shall indicate whether the Overtime was pre-approved before or during a particular session and also provide reasons for the same. If the Overtime was not pre-approved, the GP Locum shall provide reasons for such Overtime in the timesheet. However, the Client shall have discretion to approve or reject such Overtime payment request if the same was not pre-approved.

 

​​​​​​​7.3 In the event of any dispute between the Client and the GP Locum regarding the Overtime claimed in the timesheet, the same shall be resolved mutually between the GP Locum and the Client. Bookamed shall not be responsible for any conflict arising for the Overtime claimed by the GP Locum.

 

8. PAYING THE INTERMEDIARY

 

​​​​​​​8.1 Bookamed is responsible for paying the Intermediary.

 

9. CHARGES

 

9.1 ​​​​​​​The Client agrees to pay the Charges

 

​​​​​​​9.2 Bookamed charges equals the sum of the Intermediary charges and Bookamed Service Fees

 

​​​​​​​9.3 Bookamed shall charge the Client a rate of 10 % (excluding VAT) of the hourly GP Locum rate for every hour booked and completed by each GP Locum via the Bookamed platform. Bookamed shall charge the client a rate of 10% (excluding VAT) of the GP Locum rate for Home Visits and Extra Admin. No variation or alteration to the Service Fee shall be valid unless the details of such variation are agreed between Bookamed and the Client and set out in writing and signed by the parties. When a variation is agreed Bookamed will issue the details of the variation to the GP Locum including the date from which the new Service Fee will take effect within 5 working days of the variation being agreed.

 

​​​​​​​9.4 Bookamed reserves the right to vary the Charges agreed with the Client, by giving written notice to the Client:​​​​​​​

9.4.1 in order to comply with any additional liability imposed by statute or other legal requirement or entitlement, including but not limited to the AWR, ITEPA, the NICs Legislation, the WTR or the Apprenticeship Levy; and/or​​​​​​​

9.4.2 if there is any variation in the Relevant Terms and Conditions.

 

​​​​​​​9.5 The Client agrees that the Intermediary charges shall be calculated on the basis of number of hours worked by the GP Locum, including clinic sessions, overtime, extra admin and home visits. In some instances, the charges for Home Visits shall be calculated based on the number of visits and not hours spend conducting home visits.

 

​​​​​​​9.6 Bookamed will not refund any of the Charges.

 

​​​​​​​9.7 The Client’s obligations under this clause 9 shall be performed without any right of the Client to invoke set-off, deductions, withholdings or other similar rights.

 

​​​​​​​9.8 If an Engagement is cancelled by the Client as per clause 16, Bookamed shall levy a cancellation fee of 10% (excluding VAT) of the cancellation charges payable to the GP Locum under that clause.

 

10. BOOKAMED INVOICING

 

​​​​​​​10.1 The parties agree that once the timesheets submitted by the GP Locum are verified and confirmed by the Client, the Platform will automatically generate and raise an invoice against the Client on a daily, weekly or monthly basis on behalf of the GP Locum (the “GP Locum Invoice’) for the timesheets approved by the Client.

 

​​​​​​​10.2 The Bookamed Invoice shall be inclusive of the charges as agreed by the Client and Bookamed in Clause 9 of this Agreement. The Client agrees to pay the Client Invoice within 30 (thirty) days from the date of the Bookamed Invoice.

 

​​​​​​​10.3 The Client shall indicate to Bookamed at the time of registration whether it prefers to receive invoices on a weekly or monthly basis. The invoice will be generated on a weekly or monthly basis once the timesheets are verified by the Client. The Platform shall automatically send a copy of the invoice to the Client. Details of invoice generation for weekly or monthly preferences are stated in Annexure-1.

 

​​​​​​​10.4 Bookamed shall generate a consolidated statement on the last day of the month summarising all the GP Locum Invoices generated for the GP Locum during the month. Bookamed shall send a copy of the monthly consolidated statement to the Client and the GP Locum.

 

​​​​​​​10.5 Bookamed reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on invoiced amounts unpaid by the due date at the rate of 8% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.

 

​​​​​​​10.6 The Client also agrees to pay VAT at the applicable rate on the Bookamed and Locum charges.

 

10.7 Bookamed shall have no liability in the event of an error being made in the invoicing process. However, if Bookamed is notified by the Client of an error, it shall use its reasonable endeavours to rectify the error and issue a new invoice to replace the incorrect one.

 

​​​​​​​10.8 Bookamed shall have no liability in the event of an error being made in the invoicing process. However, if Bookamed is notified by the GP Locum of an error, it shall use its reasonable endeavours to rectify the error and issue a new invoice to replace the incorrect one.

 

11. THIRD PARTY COLLECTION

 

​​​​​​​11.1 Bookamed reserves the right to assign the Client Invoice to any third party (“Assigned Third Party”). If exercising this right, then Bookamed shall notify the Client in writing. The Client hereby agrees to make the payment directly to the Assigned Third Party. The Client Invoice shall contain the name and account details of the Assigned Third Party.


​​​​​​​11.2 If the Client refuses to make payment to the Assigned Third Party, then, it shall be deem​​​​​​ed as non-payment to Bookamed and shall be considered as a breach of the terms of this Agreement.

 

11.3 The Assigned Third Party may verify details of the Client Invoice, including the amount in the invoice or the total number of hours worked by the GP Locum. The Client agrees to provide the details requested by the Assigned Third Party for verification.

 

12. PENSION

 

​​​​​​​12.1 If the GP Locum is a private limited company, then it shall not be eligible for pension benefits from the Client.

 

13. TRANSFER FEES

 

13.1 ​​The Client shall be liable to pay a Transfer Fee if the Client Engages the Intermediary or any Agency Worker Introduced by Bookamed other than via Bookamed, or Introduces the Intermediary or any Agency Worker to a third party and such Introduction results in an Engagement of the Intermediary or any Agency Worker by the third party other than via Bookamed and:​​​​​​​

13.1.1 where the Intermediary or Agency Worker has been supplied by Bookamed, such Engagement takes place during the Assignment or within the Relevant Period; or​​​​​​

13.1.2 where the Intermediary or Agency Worker has not been supplied, such Engagement takes place within 6 months from the date of the Introduction to the Client. ​​​​​​​

13.1.3 The Transfer Fee will be calculated in accordance with Annexure 4.

 

13.2 ​​​If the Client wishes to Engage the Intermediary other than via Bookamed, without liability to pay a Transfer Fee the Client may, on giving 30 days written notice to Bookamed, engage the Intermediary for the Period of Extended Hire specified in Annexure 4.

 

​​​​​​​13.3 During such Period of Extended Hire Bookamed shall supply the Intermediary on the same terms on which it has or would have been supplied during the Assignment and in any case on terms no less favourable than those terms which applied immediately before Bookamed received the notice in clause 13.2; and the Client shall continue to pay the Charges set out in clause 9. If Bookamed is unable to supply the Intermediary for any reason outside its control for the whole or any part of the Period of Extended Hire; or the Client does not wish to hire the Intermediary on the same terms as the Assignment; but the Intermediary or the Agency Worker is Engaged by the Client, the Client shall pay the Transfer Fee, reduced pro rata to reflect any Charges paid by the Client during any part of the Period of Extended Hire worked by the Intermediary before being Engaged by the Client. If the Client fails to give notice of its intention to Engage the Intermediary other than via Bookamed before the Engagement takes place, the parties agree that the Transfer Fee shall be due in full.


​​​​​​​13.4 Where prior to the commencement of the Client’s Engagement other than via Bookamed Bookamed and the Client agree that such Engagement will be on the basis of a fixed term of less than 12 months, Bookamed may, in its absolute discretion, reduce the Transfer Fee as calculated in accordance with Schedule 2 pro-rata. Such reduction is subject to the Client Engaging the Intermediary for the agreed fixed term. Should the Client extend the Intermediary’s Engagement or re-Engage the Intermediary within 12 months from the commencement of the initial Engagement Bookamed reserves the right to recover the balance of the Transfer Fee.

 

​​​​​​​13.5 Bookamed will not refund the Transfer Fee if the Engagement of the Intermediary other than via Bookamed by the Client or by a third party to which the Client introduces the Intermediary or any Agency Worker, subsequently terminates or terminates before the end of the fixed term referred to in clause 13.4.

 

​​​​​​​13.6 VAT is payable at the applicable rate in addition to any Transfer Fee due.

 

14. SUPERVISION OF GP LOCUM

 

​​​​​​​14.1 The Client shall be responsible for monitoring and supervising the GP Locum as may be deemed necessary during the Engagement.

 

​​​​​​​14.2 The Client agrees to carry out a risk assessment of the services to be provided by the GP Locum during the term of the Engagement and notify the GP Locum and Bookamed immediately of any specific or potential hazards relating to the Engagement and precaution that the GP Locum should take in relation to such hazards.

 

15. UNSUITABILITY OF THE INTERMEDIARY

 

​​​​​​​15.1 The Client undertakes to supervise the Intermediary sufficiently to ensure the Client’s satisfaction with the Intermediary’s standards of work. If the Client reasonably considers that the Intermediary Services are unsatisfactory, the Client may terminate the Assignment either by instructing the Intermediary to leave the Assignment immediately, or by directing Bookamed to remove the Intermediary. Bookamed may, in its absolute discretion, in such circumstances, reduce or cancel the Charges for the time worked by that Intermediary, provided that the Client has notified Bookamed that they have asked the Intermediary to leave the Assignment or the Assignment terminates:

​​​​​​​15.1.1 within 4 hours of the Intermediary commencing the Assignment where the Assignment is for more than 7 hours; or ​​​​​​​

15.1.2 within 2 hours for Assignments of 7 hours or less; and provided that notification of the unsuitability of the Intermediary is confirmed in writing to Bookamed within 48 hours of the termination of the Assignment.

 

​​​​​​​15.2 Bookamed shall notify the Client immediately if it receives or otherwise obtains information which gives Bookamed reasonable grounds to believe that an Intermediary supplied to the Client is unsuitable for the Assignment and shall be entitled to terminate the Assignment forthwith without prior notice and without liability. Notwithstanding, the Client shall remain liable for all such Charges incurred prior to the termination of the Assignment.

 

​​​​​​​15.3 The Client shall notify Bookamed immediately and without delay and in any event within two hours if the Intermediary or the Agency Worker fails to provide the Intermediary Services or has notified the Client that they are unable to provide the Intermediary Services for any reason.

 

16. CANCELLATION

 

​​​​​​​16.1 If the Client terminates the Services of the GP Locum during an Engagement, the Client shall pay the GP Locum for the Services provided up to and including the date of termination.

 

​​​​​​​16.2 If after an offer of Engagement has been accepted by the GP Locum, the Client prior to the date of the Engagement decides for any reason to withdraw such offer, the Client shall be liable to pay the GP Locum as per the proportion of the total fee that would have been payable to the GP Locum for all booked sessions, as set out below:

5 Business days prior to the date of Engagement - 5% (excl. VAT)

4 Business days prior to the date of Engagement - 10% (excl. VAT)

3 Business days prior to the date of Engagement - 15% (excl. VAT)

2 Business days prior to the date of Engagement - 20% (excl. VAT)

1 Business day prior to the date of Engagement - 25% (excl. VAT)

 

​​​​​​​16.3 In the event that a cancellation fee under clause 14.2 applies, the Client shall pay a cancellation fee to Bookamed of 10% (excl. VAT) of the cancellation charges payable to the GP Locum under clause 14.2 This fee shall be in addition to the cancellation charges payable to the GP Locum.

 

17. LIABILITY

 

​​​​​​​17.1 The Intermediary supplied by Bookamed to the Client is engaged on a contract for services. The Agency Worker supplied by the Intermediary is deemed to work under (or subject to the right of) supervision, direction or control of the Client as to the manner in which s/he provides his/ her services for the duration of the Assignment.

 

​​​​​​​17.2 Subject to clause 15.3, the aggregate liability of Bookamed under or in connection with this agreement (whether arising from contract, negligence, or howsoever else occurring) shall be limited to 100% of the fees paid by the Client in the year in which the circumstances of the claim arise. 

 

17.3. Subject to clause 15.3, neither party shall be liable for any indirect or consequential loss.

 

​​​​​​​17.4 Nothing in this agreement shall limit or exclude Bookamed’s liability for:​​​​​​​

17.4.1 death or personal injury caused by its negligence, or the negligence of its personnel, agents or subcontractors;​​​​​​​

17.4.2 fraud or fraudulent misrepresentation; or ​​​​​​​

17.4.3 any other liability which cannot be limited or excluded by applicable law.

 

​​​​​​​17.5 Whilst reasonable efforts are made by Bookamed to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from the Intermediary and to provide the same in accordance with the Assignment details as provided by the Client no liability is accepted by Bookamed for any Losses arising from the failure to provide an Intermediary for all or part of the period of the Assignment

 

​​​​​​​17.6 Bookamed shall not be responsible for any loss incurred by the Client as a result of any act or omission of the GP Locum, whether or not under this Agreement or otherwise. In particular, Bookamed shall have no liability in respect of any inaccuracies in a Timesheet, except where this is due to a negligent act or omission of Bookamed.

 

​​​​​​​17.7 The Client undertakes to indemnify Bookamed in respect of any losses (howsoever arising) that Bookamed incurs as a consequence of the introduction and/or Engagement of any GP Locum to/by the Client and/or the acts and/or omissions of the GP Locum during an Engagement.

 

​​​​​​​17.8 The Client further undertakes that it will indemnify Bookamed in respect of any liabilities/losses Bookamed sustains as a consequence of the GP Locum seeking to assert as a consequence of an Engagement that he/she is an employee or worker of Bookamed and/or in respect of any statutory breaches by the Client in relation to any GP Locum before, during or after an Engagement.

 

​​​​​​​17.9 The Client agrees to put in place appropriate insurance cover in respect of any GP Locum it engages including but not limited to cover for consequential loss, employer’s and public liabilities for the period of the Engagement.

 

​​​​​​​17.10 The Client undertakes not to request the supply of an Intermediary to perform the duties normally performed by a worker who is taking part in official industrial action or duties normally performed by a worker who has been transferred by the Client to perform the duties of a person on strike or taking official industrial action.

 

​​​​​​​17.12 If the Agency Worker brings, or threatens to bring, any AWR Claim, the Client undertakes to take such action and to give such information and assistance as Bookamed may request, and within any timeframe requested by Bookamed and at the Client’s own cost, to avoid, dispute, resist, mitigate, compromise or defend any such AWR Claim and to appeal against any judgment given in respect thereof.

 

​​​​​​​17.13 The Client shall inform Bookamed in writing of any AWR Claim which comes to the notice of the Client as soon possible but no later than 7 calendar days from the day on which any such AWR Claim comes to the notice of the Client.

 

​​​​​​​17.13 The Client shall indemnify and keep indemnified Bookamed against any Losses incurred by Bookamed by reason of any proceedings, claims or demands by any third party (including specifically, but without limitation, HMRC and any successor, equivalent or related body pursuant to any of the provisions of ITEPA or the NICs legislation (and/or any supporting or consequential secondary legislation relating thereto)) arising out of any Assignment or arising out of any non-compliance with, and/ or as a result of any breach of, this Agreement by the Client.

 

18. HEALTH AND SAFETY

 

​​​​​​​18.1 The Client recognises and accepts its responsibility to provide a safe and healthy work environment and will take all steps to do so.

 

​​​​​​​18.2 The Client shall also ensure that any equipment provided for use to the GP Locum are in good order, suitable, safe and compliant with all relevant regulations and safety requirements.

 

19. FORCE MAJEURE

 

​​​​​​​19.1 Whilst every effort is made by Bookamed to provide efficient service to the Client, there may be circumstances beyond the reasonable control of Bookamed including, without limitation, failure of the Platform, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, absenteeism of GP Locums, fire, explosion, flood or any other legitimate cause beyond the reasonable control of Bookamed that affects this efficient service, in which case Bookamed shall notify the Client of the occurrence of such event. During such period, Bookamed shall not be in breach of its obligations under this Agreement or incur any liability to the Client for any losses or damages of any nature whatsoever incurred or suffered by the Client.

 

​​​​​​​19.2 If the force majeure event continues for a period in excess of 90 days, the Client shall be entitled to give notice in writing to Bookamed to terminate the Agreement.

 

20. DATA PROTECTION

 

​​​​​​​20.1 Each party acknowledges their responsibilities under Data Protection Laws and agrees to comply with their respective obligations. This includes, but is not limited to, information relating to a GP Locum.

 

21. TERMINATION

 

​​​​​​​21.1 Bookamed reserves the right, at its sole discretion, to immediately terminate the Agreement and suspend the Client’s access to the Platform with notice, if any content or information provided by the Client is found to be inaccurate, misleading, defamatory or false; or the Client has violated any of the Terms.

 

​​​​​​​21.2 Either party may terminate this Agreement on giving at least three months’ notice in writing to the other party.

 

​​​​​​​21.3 Notwithstanding the provisions of clause 21.2 the Client may terminate the Assignment with immediate effect by notice in writing to Bookamed where:

​​​​​​​21.3.1 the Intermediary has acted in breach of any statutory or other reasonable rules and regulations applicable to them while providing the Intermediary Services; or ​​​​​​​

21.3.2 the Intermediary is in wilful or persistent breach of its obligations; or

​​​​​​​21.3.3 the Client reasonably believes that the Intermediary has not observed any condition of confidentiality applicable to the Intermediary from time to time; or

​​​​​​​21.3.4 the Client reasonably considers that the Intermediary’s provision of the Intermediary Services is unsatisfactory.

 

​​​​​​​21.4. Bookamed may terminate an Assignment with immediate effect by notice in writing if:

​​​​​​​21.4.1 the Client is in wilful or persistent breach of its obligations under this Agreement and where the breach is capable of being remedied, fails to remedy the breach within 7 days of receiving written notice from the Employment Business to do so; or ​​​​​​​

21.4.2 the Client fails to pay any amount which is due to Bookamed in full and on the date that the payment falls due; or ​​​​​​

21.4.3 the Client is dissolved, ceases to conduct all (or substantially all) of its business, is or becomes unable to pay its debts as they fall due, is or becomes insolvent or is declared insolvent, or convenes a meeting or makes or proposes to make any arrangement or composition with its creditors; or ​​​​​​​

21.4.4 an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the Client; or ​​​​​​​

21.4.5 an order is made for the winding up of the Client, or where the Client passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation or amalgamation where the resulting entity will assume all the obligations of the other party under this Agreement); or ​​​​​​​

21.4.6(where the Client is an individual) the Client dies, or as a result of illness or incapacity becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition or order; ​​​​​​​

21.4.7 the Client provides or seeks to provide, a fraudulent document which states that the Agency Worker does not work under (or is not subject to the right of) supervision, direction or control of any person as to the manner in which s/he provides his/ her services; or ​​​​​​​

21.4.8 Bookamed knows or suspects that (a) the Client is a Public Authority and (b) the Agency Worker meets the conditions of liability set out in Sections 51 to 53 ITEPA. ​​​​​​​

 

21.5 Any notice for termination of this Agreement or suspension of the Client’s access to the Platform, will be given in writing (including through e-mail and/or pop-up during login) by Bookamed.

 

22. INTELLECTUAL PROPERTY RIGHTS

 

​​​​​​​22.1 All copyright, trademarks, patents and other intellectual property rights deriving from the provision of the Intermediary Services by the Intermediary for the Client during the Assignment shall belong to the Client, save such rights as may be expressly owned or retained by the Intermediary and set out in the Assignment Details Form. Accordingly Bookamed shall use its reasonable endeavours to ensure that the Intermediary shall (and any relevant member of the Agency Worker shall) execute all such documents and do all such acts in order to give effect to the Client’s rights pursuant to this clause.

 

23. MISCELLANEOUS

 

​​​​​​​23.1 Use of name

 

The Client hereby agrees to allow Bookamed to use its logo and name on its website, client list and for promotional both during and after the termination of this Agreement.

 

​​​​​​​23.2 Relationship

 

Bookamed and the Client agree that notwithstanding anything to the contrary contained herein, the relationship between them shall be a principal to principal relationship and nothing contained herein shall be deemed to construe either party to be the agent, servant, partner, joint venture partner, subsidiary, associated or group company of the other party.

 

​​​​​​​23.3 Confidentiality

 

​​​​​​​23.2.1 Each party undertakes that it shall not at any time during this Agreement, and for a period of five years after termination of this Agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 21.3b.​​​​​​​

23.3.2 Each party may disclose the other party's confidential information:​​​​​​​

23.3.2.1 to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under this Agreement. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 21.3; and​​​​​​​

23.3.2.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.​​​​​​​

23.3.3 No party shall use the other party's confidential information for any purpose other than to perform its obligations under this agreement.

 

​​​​​​​23.4 Entire Agreement

 

​​​​​​​23.4.1 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.​​​​​​​

23.4.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.

 

​​​​​​​23.5 Variation

 

​​​​​​​23.5.1 Bookamed reserves the right to update these terms and conditions from time to time to reflect changes in the business operating model, regulation, and any other factors that may influence the delivery of services. In such occasions, Bookamed shall inform the Client in writing via email or letter. By continuing to use the services of being notified of the changes, the Client shall be deemed to have accepted the changes.

 

​​​​​​​23Waiver ​​​​​​​

 

23.6.1 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:

23.6.1.1 waive that or any other right or remedy; or

23.6.1.2 prevent or restrict the further exercise of that or any other right or remedy.

 

​​​​​​​23.7 Severance​​​​​​​

 

23.7.1 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.​​​​​​​

 

23.8 Notices​​​​​​

 

23.8.1 Any notice or other communication given to a party under or in connection with this agreement shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, fax, or email.​​​​​​​

23.8.2 A notice or other communication shall be deemed to have been received: if delivered personally, if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or email, one Business Day after transmission.​​​​​​​

23.8.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

 

​​​​​​​23.9 Third party rights​​​​​​

23.9.1 No one other than a party to this agreement shall have any right to enforce any of its terms.

 

​​​​​​​23.10 Governing law​​​​​​​

 

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

 

​​​​​​​23.11 Jurisdiction​​​​​​​

 

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

 

​​​​​​​23.12 Dispute Resolution​​​​​​​

 

23.12.1 In the event of a dispute between the parties in relation to the terms of this agreement or their application, the parties shall use their reasonable endeavours to resolve the dispute between themselves. If this fails to resolve the issue within 30 days, then the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure, with a mediator to be selected by CEDR and each party sharing the costs equally of the mediation unless they shall agree otherwise. Neither party may commence any court proceedings in relation to the whole or part of the dispute until 30 days after service of the ADR notice, provided that the right to issue proceedings is not prejudiced by a delay.

 

 

ANNEXURE – 1

 

REGISTRATION, VACCANCY LISTING, TIMESHEETS,

INVOICING, AND PENSION FORM PROCESSES

 

1. REGISTRATION

 

​​​​​​​1.1 Bookamed is an online and mobile recruitment platform to post and search assignment opportunities for Clients and GP Locums. The Platform shall provide additional services including submission and verification of timesheets, generating weekly and monthly invoices on behalf of the GP Locums, providing the Clients and the GP Locums with monthly statements of all invoices, and generating NHS Pension Form A (collectively referred to as the “Bookamed Platform Services”).

 

​​​​​​​1.2 To avail the services of Bookamed, the Client must register an account through the Bookamed website (“User Account”). The Client shall provide certain information, including, without limitation, Client information, contact details of the authorised person of the Client, expected GP Locum rate, IT system used by the Client, list of timesheet approvers, preferred invoicing frequency, requires locum payment or not and policy and guidelines of the Client (“Client Information”). The Client shall from time to time update the information as and when necessary. On registration, the Client shall be bound by these Terms and the General Terms and Conditions of the Platform.

 

1.3 The Client can post any vacancy requirement on the Platform after creating the User Account and providing the Client Information.

 

2. VACANCY LISTING

 

2.1 Upon creating the User Account, Bookamed shall provide the Client access to the Platform for submitting its requirements of a GP Locum. The Client shall provide the following details for listing of a vacancy:

a. the commencement date and the duration of the Engagement;

b. the location at which the GP Locum will provide services and the nature of those services;

c. the start and end time of each session, including breaks

d.minutes per patient

e. required qualification, training, experience of the GP Locum to provide the services;

f. any authorisation required by the law or any professional body, or may be deemed necessary by the Client;

g. the GP Locum rate per hour and payment periods/intervals

h. whether the session includes break (paid or unpaid break)

i. whether the Client provides any benefits payment for pension;

j. any health and safety risks and steps taken to address them;

k. where applicable any notice arrangements; and

l. any other information the Client may deem necessary for the GP Locum to provide services during the Engagement.

 

2.2 The Client represents and warrants that the details provided on the Platform in relation to the Engagement or for the purpose of the Engagement shall be accurate and true.

 

2.3 Bookamed shall not be responsible for any information provided by the Client in relation to the Engagement on the Platform.

 

3. TIMESHEETS

 

3.1 The GP Locum shall submit his/her timesheets on the Platform for the services performed for the Client at the end of each day. The GP Locum shall in any case submit his/her timesheets by end of each week (i.e., by every Friday of the week before midnight or by the starting of the next week i.e. by every Monday of the subsequent week before 12pm) (“Timesheet Submission Date”).

 

3.2 The Client shall validate and confirm the timesheets of the concerned GP Locum at end of each day or by the starting of the next week (i.e., by every Monday of the subsequent week before 8 pm.) and in any case within 7 (seven) days from the Timesheet Submission Date (“Timesheet Validation Date”).

 

3.3 The Client warrants that (in validating and confirming each and every timesheet of a GP Locum) this will only be done by an authorised signatory for the Client. The person is signing to confirm that both (i) the tasks required of, the GP Locum have been fulfilled, and (ii) the hours/session authorised are accurate and payment is approved for them. The person signing is confirming that they understand that if he/she knowingly provides false information this may result in disciplinary action and he/she may be liable to prosecution and civil recovery proceedings. He/she also consents to the disclosure of information from this form to and by the Client and / or Bookamed and/or the NHS Counter Fraud and Security Management Service for the purpose of verification of the claim and the investigation, prevention, detection and prosecution of fraud.

 

4. INVOICING

 

4.1 When weekly invoicing is preferred, if the GP Locum fails to submit the timesheet for any day during the week before the Timesheet Submission Date, then no invoice shall be raised for such pending timesheets, until the same is submitted on the Platform and approved by the client. However, once the pending timesheets for any week are submitted on the Platform and approved by the client, the invoices for such timesheets will be raised along with the invoice for the subsequent week. 4.2 When monthly invoicing is preferred, if the GP Locum fails to submit the timesheet for any day during the month before the last day of the month, and the client fails to approve any of the timesheets for the month before the last day of the month, then no invoices shall be raised for such pending timesheets, until the same is submitted on the platform. However, once the pending timesheets for any month are submitted on the Platform and approved by the client, the invoices for such timesheets will be raised along with the invoice for the subsequent month.

 

5. PENSIONS

 

Premium Plan Subscribers

 

5.1 (Where applicable) the Bookamed platform shall automatically generate NHS pension form A on the eighth day of the month for the previous month. The GP Locum agrees to review and digitally sign Pension Form A and send to the Client for approval via the platform within three days of receiving the form.

 

5.2 The Client agrees to review, digitally sign and return the NHS pension form A to the concerned GP Locum within three days of receiving his/her signed form.

 

6. PAYMENTS

 

Bookamed shall make weekly/monthly payments to the GP Locums bank account

 

 

ANNEXURE – 2

 

Details of pre-employment checks

CATEGORY PRE-EMPLOYMENT CHECKS MANDATORY / ADDITIONAL  INFORMATION SOURCED BY CHECK CONDUCTED BY FINAL APPROVER
Identity Checks  Proof of Identity  Mandatory  Bookamed  Bookamed Client 
Identity Checks Address Proof (Utility Bill or Bank Statement within the last 3 months) Mandatory Bookamed Bookamed Client 
Right to Work Check  Right to Work (Visa)  Mandatory Bookamed Bookamed Client
Professional Registration and Qualification Checks  General Medical (GMC) Certificate Mandatory Bookamed Bookamed Client 
Professional Registration and Qualification Checks  Proof of Inclusion in National Performers List  Mandatory Bookamed Bookamed Client 
Professional Registration and Qualification Checks Medical Indemnity Certificate  Mandatory Bookamed Bookamed Client 
Employment History and Reference Checks  CV Mandatory  Bookamed Bookamed Client 
Employment History and Reference Checks  Letter of Recommendation 1 Mandatory  Bookamed Bookamed Client 
Employment History and Reference Checks  Letter of Recommendation 2 Mandatory  Bookamed Bookamed Client 
Criminal Records and Barring Checks Disclosure and Barring Service Certificate  Mandatory  Bookamed / Client  Client   Client 
Occupational Health Checks  Certification of Completion of Training Additonal  Bookamed Client  Client 
Occupational Health Checks  Degree Certificate  Additional  Bookamed Client  Client 
Occupational Health Checks  Equality and Diversity Certificate Additional Bookamed Client  Client 
Occupational Health Checks  Basic Life Support Course Certificate Additional Bookamed Client  Client 
Occupational Health Checks Child Safe Guarding Level 3 Certificate  Additional Bookamed Client  Client 
Occupational Health Checks Adult Safeguarding Certificate Additional Bookamed Client  Client 
Occupational Health Checks Immunisation History Report Additional  Bookamed Client  Client 

 

 

ANNEXURE – 3

COMPARABLE EMPLOYEE” “QUALIFYING PERIOD” AND TEMPORARY WORK AGENCY

 

“Comparable Employee” means as defined in Regulation 5(4) of the AWR being an employee of the Client who:

a. works for and under the supervision of the Client and is engaged in the same or broadly similar work as the Agency Worker having regard, where relevant, to whether the employee and the Agency Worker have a similar level of qualification and skill; and

b. works or is based at the same establishment as the Agency Worker or, where there is no comparable employee working or based at that establishment who satisfies the requirements of (a) above, works or is based at a different establishment and satisfies those requirements.

 

For the purpose of the definition of “Qualifying Period” in DEFNITIONS of this Agreement, when calculating whether any weeks completed with the Client count as continuous towards the Qualifying Period, where:

a. the Agency Worker has started working during an assignment and there is a break, either between assignments or during an assignment, when the Agency Worker is not working;

b. the break is: ​​​​​​​

(i) for any reason and not more than six Calendar Weeks

(ii) wholly due to the fact that the Agency Worker is incapable of working in consequence of sickness or injury and the break is 28 Calendar Weeks or less; paragraph (iii) does not apply; and, if required to do so by Bookamed, the Agency Worker has provided such written medical evidence as may reasonably be required;

(iii) related to pregnancy, childbirth or maternity and is at a time in a protected period, being a period beginning at the start of the pregnancy and ending at the end of the 26 weeks beginning with childbirth (being the birth of a living child or the birth of a child whether living or dead after 24 weeks of pregnancy) or, if earlier, when the Agency Worker returns to work;

(iv) wholly for the purpose of taking time off or leave, whether statutory or contractual, to which the Agency Worker is otherwise entitled which is:

1. ordinary, compulsory or addirtional leave maternity leave; 

2. ordinary or additional adoption leave; 

3. ordinary or additional paternity leave;

4. time off or other leave not listed in paragraphs (iv)I, ii, or iii above; or

5. for more than one of the reasons listed in paragraphs (iv)i, ii, iii to iv above;

(v)  wholly due to the fact that the Agency Worker is required to attend at any place in pursuance to being summoned for service as a juror and the break is 28 Calendar Weeks or less;

(vi) wholly due to a temporary cessation in the Client’s requirement for any worker to be present at the establishment and work in a particular role for a pre-determined period of time according to the established custom and practices of the Client;

(vii) wholly due to a strike, lock-out or other industrial action at the Client’s establishment; or

(viii) wholly due to more than one of the reasons listed in paragraphs (ii), (iii), (iv), (v), (vi) or (vii); and

 

​​​​​​​(c) the Agency Worker returns to work in the same role with the Client, any weeks during which the Agency Worker worked for the Client before the break shall be carried forward and treated as counting towards the Qualifying Period with any weeks during which the Agency Worker works for the Client after the break. In addition, when calculating the number of weeks during which the Agency Worker has worked, where the Agency Worker has started working in a role during an Assignment and is unable to continue working for a reason described in paragraph (b)(iii) or (b)(iv)i., ii, or iii., for the period that is covered by one or more such reasons, the Agency Worker shall be deemed to be working in that role with the Client for the original intended duration or likely duration of the relevant Assignment, whichever is the longer. For the avoidance of doubt, time spent by the Agency Worker working during an assignment before 1 October 2011 [or 5 December 2011] does not count for the purposes of the definition of “Qualifying Period”.

“Temporary Work Agency” means as defined in Regulation 4 of the AWR being a person engaged in the economic activity, public or private, whether or not operating for profit, and whether or not carrying on such activity in conjunction with others, of:

(a) supplying individuals to work temporarily for and under the supervision and direction of Clients; or

(b) paying for, or receiving or forwarding payment for, the services of individuals who are supplied to work temporarily for and under the supervision and direction of Clients.

Notwithstanding paragraph (b) of this definition a person is not a Temporary Work Agency if the person is engaged in the economic activity of paying for, or receiving or forwarding payments for, the services of individuals regardless of whether the individuals are supplied to work for Clients. For the purpose of this definition, a “Client” means a person engaged in economic activity, public or private, whether or not operating for profit, to whom individuals are supplied, to work temporarily for and under the supervision and direction of that person.


 

ANNEXURE 4: TRANSFER FEES

Option A:

a) The Transfer Fee referred to in clause 13 shall be calculated as follows: 10% of the Remuneration payable to the Intermediary or Agency Worker (as appropriate) during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not known, the Charges multiplied by [What is the industry standard?].


b) The Period of Extended Hire, referred to in clause 13, before the Client Engages an Intermediary or Agency Worker (as appropriate) shall be: 6 weeks.