Terms and Conditions

GDPR – all information submitted is recorded and held under the GDPR guidelines and cannot be released to any third party, other than statutory bodies e.g. H.M.R.C., Home Office (Immigration Enforcement), these examples are not exhaustive, who have a legal right to require us to comply with requests for information. We are registered with The Information Commissioner’s Office, registration number Z9285712.

TERMS AND CONDITIONS FOR LOCUMS*

*Within terms and conditions, Locum means a professional seeking temporary or permanent work via Nightingale Pharmacy Services, “the Company”.

Agreements to provide locum services are legally binding whether made orally or in writing. Any locum seeking or accepting bookings for such work through this company agree and accept the terms and conditions stated here and any additional terms applicable at the time a booking is accepted. Hereinafter, “the Company” is taken to mean Nightingale Pharmacy Services. Each separate booking made between client and locum will specify the precise duration, rates and fees agreed and other incidental matters relating to specific bookings.

  1. All pharmacists/technicians/nurses offering to provide professional services must be registered with The General Pharmaceutical Council (GPhC) and are expected to operate and abide by the code of ethics as well as observing any reasonable rules in force at the clients’ premises. Locums not required to register with the GPhC are free to register with us, Nurses registered with the Nursing and Midwifery Council (NMC) can also register as locums. The foregoing notwithstanding, the locum or deputy shall not be subject to the direction or control of the client relating to the way professional services are provided.
  2. Self-employed locums are responsible for payment of their own tax and national insurance contributions. Work permit holders are subject to restrictions on additional work they may carry out. For further information on working status any work permit holder should contact our office for advice. It is the personal responsibility of the locum to inform the Company of any matter or investigation which might affect continuing membership of the GPhC or NMC and subsequent placements. Locum services are an agreement for professional services and the locum shall be an independent contractor for and not the servant of the client. Fees agreed to be paid to the locum for professional services as part of the booking agreement between client and locum via the Company shall not be subject to any deductions. Unless agreed at the point of booking, locum invoices are to be paid by the client no later than 10 calendar days following the month end in which the booking occurred.
  3. All bookings once accepted must be honoured. Should a locum find themselves unwilling to complete an agreed booking it is their responsibility to find a replacement acceptable to the client. Any additional costs incurred by such action are to be borne by the locum accepting the initial booking as they are an independent contractor.
  4. Except in the case of emergency and short notice bookings, a 24-hour cooling off period is allowed before an agreement is confirmed, during which time both locum and client may withdraw from the agreement.
  5. If a locum fails to honour an agreement and does not provide acceptable replacement cover either the client or the Company shall secure necessary replacement cover and any additional costs incurred in so doing shall be the liability of the locum failing to honour the agreement. In any such situation the locum concerned will be invoiced for payment within 14 days of the tax point (invoice date).
  6. Payment is made according to the rates agreed between client and locum at the time the booking is agreed and is made directly to the locum by the client. The Company accepts no responsibility for non-payment or late payment of fees or expenses.
  7. If a client wishes to engage a locum in either locum, regular, part- or full-time capacity where that locum was introduced to the client by the Company, or where a client forwards the introduced locum to another party which results in the locum being engaged by that party, both client and locum are liable to charges of £200 per day. If any client wishes to take over or otherwise employ a locum provided by the Company, a fee equal to the standard recruitment fee for a locum is required to be paid to the Company. Any outstanding bookings made on behalf of the locum must be honoured, otherwise clauses 3 and 5 of these terms and conditions will apply to the locum concerned in addition to the foregoing of this clause which shall apply to the locum and client concerned. Where a locum has already been engaged by a client where work is offered, it is the responsibility of the locum to make that fact known to the agency. This clause shall apply for a period of twelve months from the date of the most recent booking made. If a locum wishes us to source a permanent post for them, we do not charge the locum for our services (unless the terms and conditions are breached), then charges as described in this paragraph will be levied. In the event we source a post for you which both you and a client reach agreement upon, both parties must notify us of the agreement to allow us to invoice the client, as agreed.
  8. The Company does not provide Professional Indemnity Insurance (PII) or personal insurance. It is the responsibility of the client to advise whether National Pharmacy Association (NPS), Pharmacists Defence Association (PDA), or The Royal College of Nursing (RCN) Indemnity Scheme* is in place and the responsibility of the professional concerned to secure adequate PII. The Company is not responsible for any claim against the professional where PII has not been taken out. Nevertheless, we would wish that a client or professional informs us of any circumstance in which either client or professional feels that they have a grievance.
  9. Any changes to these terms and conditions will be updated on our website and be deemed to apply from the date specified of the update. In the event of any conflict or dispute, these updated terms shall take precedence.

Terms and Conditions for Clients

*Within terms and conditions, Locum means a professional seeking temporary or permanent work via Nightingale Pharmacy Services, “the Company”.

Agreements to provide locum and recruitment services are legally binding whether made orally or in writing. We always provide a detailed booking confirmation to all parties specifying booking location, hours required to be worked, details of professional supplied, rates payable (including travel costs and/or accommodation). Any client accepting bookings for such work through this Company agree and accept the terms and conditions stated here and any additional terms applicable at the time of acceptance of a booking. Hereinafter, “the Company” means Nightingale Pharmacy Services. Each separate booking made between client and professional will specify the precise duration, rates and fees agreed and other incidental matters relating to specific bookings.

GDPR – all information submitted is recorded and held under the GDPR guidelines and cannot be released to any third party, other than statutory bodies e.g. H.M.R.C., Home Office (Immigration Enforcement), these examples are not exhaustive, who have a legal right to require us to comply with requests for information. We are registered with The Information Commissioner’s Office, registration number Z9285712.

  1. Professionals (Pharmacists, Technicians and Nurses) must be registered with their regulatory body, e.g. the General Pharmaceutical Council (GPhC) or Nursing & Midwifery Council (NMC) and are expected to operate and abide by their codes of ethics as well as observing any reasonable rules in force at the clients’ premises when offering to provide professional services. The foregoing notwithstanding, the locum or deputy shall not be subject to the direction or control of the client relating to how they provide professional services. The Company will endeavour to vet the individual professional to the best of their ability by verifying registration with the GPhC/NMC, by taking references and by attempting to verify the bona fides of professionals offering their services to the client. Nurses must be able to verify their registration with the Nursing & Midwifery Council (NMC) and provide their NMC Pin number and abide to the same exacting standards as all health care professionals. The term “Locum” when used on this site is taken to represent all Health Care Professionals, or Professionals for short.
  2. Self-employed locums are responsible for payment of their own tax and national insurance contributions. Work permit holders are subject to restrictions on additional work they may carry out. For further information on working status any work permit holder, please contact our office for advice. Locum services are an agreement for professional services and the locum shall be an independent contractor for and not the servant of the client. The client pays the agreed fees directly to the professional for professional services as part of the Company agreement between client and professional via the Company and such fees shall not be subject to any deductions. Unless agreed at the point of booking, locum invoices are to be paid by the client no later than 10 calendar days following the month end in which the booking occurred
  3. All parties must honour all bookings once agreed. It is acknowledged that from time to time, due to operational needs, a booking venue may have to varied by agreement between client and professional with terms and conditions not less favourable than the original booking, including reasonable access to the new venue.
  4. Except in the case of emergency and short notice bookings, a 24-hour cooling off period will apply before agreement when the Company confirms the booking between parties, during which time both professional and client may withdraw from the agreement.Any booking cancelled outside this period by the client without agreement in writing with the Company will result in the Company charging the client the standard booking fee applicable to the booking, since in making the booking, we have incurred costs. We endeavour to be equitable and transparent in all circumstances however and will apply the formula stated below to ALL cancellations not agreed.
    • 30 days or more prior to booking date a refund/credit for 75% of the booking fee.
    • 30- 15 days prior to a booking 50% of the fee applies
    • Under 14 days the full fee is applicable
  5. If a professional fails to honour an agreement and does not provide acceptable replacement cover either the client or the Company shall secure necessary replacement cover and any additional costs incurred in so doing shall be the liability of the professional failing to honour the original agreement. In any such situation we will invoice the professional concerned for payment within 14 days of the tax point (invoice date). If any failure of a professional to honour their agreement to provide cover is the fault of the Company rather than the individual professional, the Company’s liability shall not exceed the cost of securing reasonable replacement cover. The Company is not responsible for the failure of the individual professional to honour their agreement.
  6. The client will pay the professional according to the rates agreed between client and professional at the time of the booking agreement directly to the professional. The Company accepts no responsibility for non-payment or overdue payment of fees or expenses. All booking details made by the Company will be verified to both client and professional via a formal booking confirmation, detailing location, rates payable, mileage/accommodation costs, hours required to be worked and details of the professional concerned.
  7. We provide a full recruitment service for employers – to use this service you will need to register. If a client wishes to engage a professional in either locum, regular, part- or full-time capacity where that professional was introduced to the client by the Company, or where a client forwards the introduced professional to another party which results in the professional being engaged by that party, both client and professional are liable to charges of £200 per day unless our standard recruitment fee is paid by the company employing the professional. If any client wishes to take over or otherwise employ a professional provided by the Company, a fee equal to the standard recruitment fee for a professional is payable by the client to the Company. In such circumstances, the professional must honour any outstanding bookings made on their behalf, otherwise clauses 3 and 5 of these terms and conditions will apply to the professional concerned in addition to the foregoing of this clause which shall apply to the professional and client concerned. Where a professional has already been engaged by a client where the Company offers a professional to the client, it is the responsibility of both professional and client to make that fact known to the Company. This clause shall apply for a period of twelve months from the date of the most recent booking made for each individual professional.
  8. The Company does not provide Professional Indemnity Insurance (PII) or personal insurance. It is the responsibility of the client to advise us whether National Pharmaceutical Association (NPA), Pharmacists Defence Association (PDA), or The Royal College of Nursing (RCN) Indemnity Scheme* is in place and of the professional concerned to secure adequate professional indemnity cover. The Company is not responsible for any loss or injury sustained by the client because of any failings or shortcomings on the part of any individual professional whilst undertaking work provided through the Company nor for any claim against the professional where PII has not been taken out. Nevertheless, we would wish that a client or locum inform us of any circumstance or situation in which the client or professional feels that they have a grievance.
  9. The client agrees to pay the booking fee agreed at the time of the booking within 28 days of invoice date (tax point) by BACS or direct payment to the Company’s stated bank. We no longer accept cheque payments. Please pay against invoices not against statements. We reserve to right to charge interests on outstanding balances at the rate of 10% over the Barclays Bank Base rate effective over the period on non-payment. If legal proceedings become necessary to recover a debt, further interest and fees associated with the recovery of the debt become payable by the client.
  10. Any changes to these terms and conditions will be updated on our website and be deemed to apply from the date specified of the update. In the event of any conflict or dispute, these updated terms shall take precedence.