Locum Contract

Re: Locum Contract

Clive Ansell — Mon, 05 Jan 2015 10:55:48 GMT

I'm in my 14th year as locum and have never seen the need really for a formal contract as such. A lot can be based on trust between fellow professionals and a handshake, in most, almost all, cases. That said, all that is discussed and agreed either verbally or via email is in effect a contract.

Prior to a locum with a new practice I like to discuss working hours, rates, rates if working over the agreed hours, OOH commitments including inpatient care, accommodation provision, use of own vehicle for work related travel, time frame for payment, and cancellation terms.

I have twice been shafted by a corporate, so tend to be more cautious if I book any work with them now. On one occasion I signed a 6 page formal contract that their HR department had drawn up only for them to renege on it and breach their own T&C's. They finished up paying me for 2 of 3 weeks agreed work which they cancelled without reason with only 2 days notice (28 days required in their own T&C's). One wonders how a full HR team and so many managers that there are managers to manage the managers can get something so basic so wrong.

Re: Locum Contract

Tom Ward — Sat, 03 Jan 2015 15:30:45 GMT

Are you a member of SPVS? Presumably they could provide some advice?

Re: Locum Contract

karen jones — Thu, 01 Jan 2015 18:30:33 GMT

Does anyone fancy a month in Shropshire as a locum mainly on large animal side of practice? New vet doesnt start till 26th, one vet on holiday for 2 and half weeks from Monday and now one off sick for at least month. Feeling stretched , good start to year. AS usual we will probably muddle through

Re: Locum Contract

Andrew Kent — Thu, 01 Jan 2015 13:36:35 GMT

Hi Steve,

The advice above is very reasonable but primarily aimed at a contract to protect the practice rather than to protect you. I would suggest that you have something in writing that covers some basic points along the lines of:

Expected working hours and agreement/additional charges for overtime.

Charges related to cancellation - i.e. will the practice be liable for any costs if they cancel you at short notice (as has happened to many locum friends of mine).

Expected timescale for payment.

Those are the 3 that spring to mind as being the areas that are most likely to cause problems!

Andy

Re: Locum Contract

Yantha Smyth — Thu, 01 Jan 2015 13:09:36 GMT

[quote user="Hannah Wynne Richards"]

I'd change employee and employer to lacum veterinary surgeon and contracting practice, or Inland Revenue may sting you.

Wynne

[/quote] Yes, I would avoid the terms employee and employer like the plague! When I started out locumming a few years ago as ltd company, the accountants did advise this was a far more robust position to be in compared to a 'sole trader', but did provide a model contract that could be used to protect both parties should any challenge from HMRC arise. To be honest I thought it was all a bit long-winded, and have never used it. It would probably be more important to have in place if there was a Locum position that was lengthy, so that the majority or all of your earnings were coming from that single source.

Re: Locum Contract

Hannah Wynne Richards — Wed, 31 Dec 2014 18:21:02 GMT

I'd change employee and employer to lacum veterinary surgeon and contracting practice, or Inland Revenue may sting you.

Wynne

Re: Locum Contract

Evelyn Barbour-Hill — Wed, 31 Dec 2014 17:01:58 GMT

This is the best advice I can give about contracts.

Watch it all the way through.

Sorry

https://www.youtube.com/watch?v=G_Sy6oiJbEk

Re: Locum Contract

Martin Atkinson — Wed, 31 Dec 2014 13:02:53 GMT

I've generally employed locums on mutual trust and a hand shake. If a change has been made it is with the agreement of both sides. On the odd occasion I've got someone to sign a contract they've looked a bit non-plussed but have been happy to do so. If I've employed someone more than once it generally means there is mutual trust and a contract is not necessary although that has gone awry on the odd occasion - leopards do sometimes change their spots. So for what it's worth I've cut and pasted the one I've used in the past:

Terms and conditions of employment as a self employed, sole charge locum for the period of :........................................................... inclusive.

Employee:........................................................................

The rate of pay shall be: £...../day and a bonus of the out of hours surcharge for each case seen out of hours during unsociable hours if applicable. In addition the employee will be entitled to a bonus of 10% of all net takings above the same amount taken for the same period the previous year. These terms are subject to the following conditions:

Gross takings shall not include: fees for work done but not paid for during this period (except for recognised account customers), money taken in advance for treatment not completed within the the period of employment or accounts paid for work completed previous to this period. If agreed, a bonus of £.....will be paid for each patient seen out of hours; Saturdays after 12pm, all day Sunday and Bank Holidays and weekday evenings from 8.00pm to 8.30am the following day, provided that clinical notes have been completed, the correct out of hours fees have been applied and that accounts due from such cases (except for recognised account customers) have been paid within the period of the employment.

Furnished accommodation will be provided free of rent and rates for the employee only. If a vehicle is provided it will be for business use and travel locally for the employee only. All other expenses will be the responsibility of the employee. Any parking or traffic offence fines and any damage to practice property or vehicles due to the fault of the employee that is not covered by practice insurance, will be the responsibility of the employee. Excessive use of the telephone will be charged for - a maximum of £10 per week in personal telephone calls is permissible. An account will be sent for calls over the permitted amount. Any products ordered from the practice suppliers or taken from stock or storage for the employees own usage must be replaced from the employee's own resources or paid for before departure.

In exchange the employee will:

i) work diligently to the best of his/her ability keep accurate clinical records and be available for requests for treatment of animals at all times other than during permitted time off.

ii) work within the practice protocol, charge the normal fees of the practice and not change any current treatment regimes of registered patients unless it is clearly necessary for the welfare of the patient.

iii) keep true account of all goods and services provided, money received and paid, render and deliver full accounts and pay all money received on account of the employer as he shall direct.

I agree to the above terms and conditions of employment and declare that I am currently registered with the Royal College of Veterinary Surgeons, that I am permitted to work as a veterinary surgeon in the U.K. and that I am responsible for my own tax and national insurance payments/will provide appropriate documentation for PAYE.

I understand that it may not be possible to accurately calculate percentage and bonus payments at the time and these may be forwarded later minus any money due to the employer.

signed................................................................the employee date.................

name in block capitals..............................................................................................................

address..........................................................................................................................................

signed.................................................................the employer date.................