When is a locum not a locum?

When is a locum not a locum?

When is a locum not a locum?

It seems many people are unaware of these basics to ensure their status as locums are protected. Clearly, they haven’t been working with Nightingale Pharmacy Services (NPS) or they would have been advised properly.

This guidance also covers medical practices and other health care venues.

Apart from the booking agreements made via our terms and conditions, which ensure your locum status, there are a number of things you should NOT get drawn into;

Avoid “repeat” locum contracts

Do NOT have keys for opening and closing

Do NOT hire or fire staff (temporary suspension due to misconduct can be acceptable, but be extremely careful to involve the management of the company concerned and let them make decisions, not you)

Do NOT walk into obvious traps e.g. being told [you] “might also be required to work alongside the sales staff in the shop serving customers, stocking shelves, and ordering stock as instructed”, HMRC point out that these practical circumstances would trump any more tightly defined contractual obligations on the locum when assessing their employment tax status.

Do NOT allow yourself be drawn into situations where a client tries (and succeeds) in directing how you will work, A locum is NOT a servant and carries out agreed tasks, but cannot be told HOW to deliver these.

Do NOT allow yourself to be bullied into doing things you do not feel competent to offer- this may lead to a misconduct charge from the GPhC Fitness to Practise Committee.

THINK – if HMRC walked into a premises where you are working today, could officers easily tell locums from permanent staff? They will assess  what you actually do in reality, rather than simply rely on what the contract says.