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Terms and Conditions

Before you register, please read and if you agree, accept, the Browns Locumlink terms and conditions.

FTAM - Terms of Business

1.  Definitions

In these terms of business the following definitions app ly:-1.1  FTAM means FT&A  Medical Recruitment Ltd whose registered office is at Bradmore Buildings, Bradmore Green, Brookmans Park, AL9 7QR

“the Client” means the person, firm or company to whom the Placement Letter is addressed.

“Employment Agency” means an employment agency as defined in section 13(1) and (2) of  the  Employment  Agencies  Act  1973  as  amended  by the  Employment

Relations Act 1999.

“Employment Business”  means an employment business as defined in  section 13(1)  and

(3) of the Employment Agencies Act 1973 as amended by the Employment Relations Act 1999.

“the Placement” means the work to be undertaken by FTAM to supply to the Client the candidate(s) as specified in the Placement  Letter.

“the Contract Date” means the date of the Placement  Letter.

“the Placement Letter” means the letter from FTAM to the Client setting out the basic terms of the Placement.

“Candidate Requirements Letter” means the document that the Client completes t o comply with the provisions set out in clause 5 b e l o w.

“Temp-to-Perm” means where a candidate supplied by FTAM either transfers or is subsequently taken on directly by the Client

“Temp-to-Temp” means where the candidate is supplied to the Client by an Employment Agency or Employment Business other than FTAM.

“Temp-to-Third Party” means where the Client introduces a Candidate to another person who employs the Candidate directly.

1.2  Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.

1.3  The headings contained in these terms are for convenience only and do not affect their interpretation.

1.4  All notices to be served under  this  contract shall be  served  by first  class pre-paid  post, facsimile message or by e-mail at the registered office or principal trading

address of the intended recipient. Notices shall be deemed served when they would ordinarily have been received in normal business hours according to the means of

transmission of such notices.

1.5  These terms are governed by English Law and are subject to the exclusive jurisdiction of the English Courts.

2.  Formation of the Contract

2.1  Save for any relevant provisions in clause 8, in this agreement with the Client, FTAM is acting as an Employment Business as defined in 1.1 above.

2.2  These terms shall form the basis of the contract for the supply of candidate(s) by FTAM to  the Client and any business associated with the Client.  Notwithstanding 

anything to the contrary in the Client’s standard booking conditions, these terms shall apply except so far as expressly agreed in  writing  by a director of  FTAM. Any

agreed changes of numbers of candidate(s) or rates shall not affect any of the other terms of this contract.

2.3  No servant or agent of FTAM has power to vary these terms orally, or to make representations or promises about the quality of the candidate(s), their fitness  to perform 

any given task/function or any other matter whatsoever.

2.4  The Client’s acceptance into the Client’s premises of FTAM’s candidate(s) shall constitute acceptance by the Client of these terms.

2.5  FTAM will provide candidate(s) to the Client at the request of any representative of the Client unless otherwise instructed in writing by the Client.

2.6  These general terms shall be subject to such further special conditions as may be prescribed in writing by FTAM or as may appear in the Placement Letter.

2.7  In the event of any conflict, or apparent conflict, between the special conditions and these general terms, the special conditions shall prevail.

2.8  These terms supersede all previous trading terms issued by FTAM.

3.  Price and payment

3.1  Rates quoted are exclusive of VAT, which will be added to all invoices at the rate applying at the appropriate tax point.

3.2  Invoices are payable 7 days following the date of invoice.

3.3  FTAM will charge interest at 8% per annum above the base rate from time to time in force of National Westminster Bank Plc on all overdue invoices from the date of

the invoice to the date of payment of the invoice, together with compensation for the costs suffered by FTAM arising from late payment, in accordance with its rights

under the Late Payment of Commercial Debts (Interest) Act 1998.

3.4  All legal costs and expenses incurred by FTAM in seeking to collect overdue invoices from the Client will be payable by the Client on an indemnity basis.

3.5  The Client shall not be entitled to withhold payment of any amount payable under this contract by reason of any dispute or claim by the Client.

3.6  Without prejudice to any other rights of FTAM, if the Client shall fail to make punctual payments of any sum under any contract between FTAM and the Client, FTAM

may, at its option, either withhold the provision of its services until the total indebtedness of the Client to FTAM has been discharged, or cancel this contract.

3.7  If FTAM has bona fide doubts as to the solvency of the Client, or if the Client fails to pay invoices payable under this contract within the contractual credit period, all sums

payable to FTAM by the  Client under  this  contract or otherwise  shall become due and payable forthwith  without  requirement for  any  notice  to be  given and FTAM

shall be released from its obligation to continue to provide its services, save on terms acceptable to FTAM.

4.  Delivery and quality of the Service

4.1  Bookings are taken in good faith, but the arrival of candidate(s) at the Client’s premises cannot be  guaranteed. No liability  will be  accepted by FTAM  for  any  loss

whatsoever suffered or caused through delays in the provision of candidate(s).

4.2  In the event of a candidate failing to complete a Placement, FTAM will, at its option, either supply a suitable replacement for the outstanding period or refund/credit

a pro- rated share of the engagement fee.

4.3  All  warranties  or other terms  implied  by  statute  or otherwise  shall not  apply  to  this contract, including but not limited to those implied by the Supply of Goods and

Services Act 1982 and the Consumer Protection Act 1987.

4.4  FTAM shall not be liable for any consequential or indirect loss suffered by the Client or any third party in relation to this contract and the Client shall indemnify FTAM in

respect of any claim of any person in respect of such consequential or indirect loss.

4.5  The entire liability of FTAM under this contract shall not in any event exceed the contract price of the contract, save in respect of BDEA’s liability  for death or personal

injury resulting from negligence.

4.6  FTAM endeavors to ensure the suitability  of any candidate introduced to the  Client. However, the Client must satisfy itself as to the suitability of any candidate. The

Client must take up any references provided by any candidate before engaging such candidate. The Client shall be responsible for obtaining work and other permits, for t h e

arrangement  of  medical  examinations,  for  investigations  into  the  medical  history  of  any candidate  and  for  satisfying  any  medical  and  other  requirements  or

qualifications required by law.

5.  Compliance

5.1  The Client agrees to provide FTAM with sufficient information to enable FTAM to assess the suitability of each candidate for each Placement. In this regard, the Client

agrees to provide the following information:-the identity of the person whom it is proposed will engage the candidate and the nature of that person’s business;

the date on which it is proposed that the Placement should begin, and the duration, or likely duration, of the Placement;

the position to be filled, including the type of work which the candidate will be required to do, the location at which and the hours during which the candidate will be

required to work;

any risks to health or safety relevant to the Placement and a note of the steps that have been taken by the Client to prevent or control such risks; and

the experience, training, qualifications and any authorisations which are necessary (or which are required by law or by any professional body including registration with 

the Royal Pharmaceutical Society of Great Britain) for the candidate to possess in order to work in the position, and any expenses payable by or to the candidate.

5.2  The Client agrees  to  provide  the  above  information in writing  in  the  form of the Candidate Requirements Letter and  in good  time before the commencement of the

Placement and without delay during the Placement, where appropriate, for example, in the light of a change of circumstances.

5.3  The  Client will  inform FTAM when certification held by the candidate or new certification arranged by the Client for the  candidate is  used  outside of the  original

Placement requirements.  In  the absence of  such notice,  the  Client will  indemnify  FTAM  for  all liabilities incurred by FTAM pursuant to  the Conduct of Employment

Agencies and Employment Businesses Regulations 2003 (“the Conduct Regulations”).

5.4  The Client shall be responsible for obtaining work and other permits, for t h e arrangement of any medical examinations and/or investigations into the medical history of

any candidate to satisfy any medical and other requirements or qualifications required by law.

5.5  Subject to confirmation from the  Client to FTAM of the  information referred to  in this clause 5, FTAM shall take reasonably  practicable  steps to ensure that the

candidate is aware of all applicable requirements for the Placement including any changes to the Placement.

5.6  The Client undertakes not to require a candidate to perform the duties normally performed by a candidate who is taking part in official industrial action.

5.7  FTAM shall make reasonable endeavours to ensure the suitability of the candidate for the Placement. However, the Client must also satisfy itself as to the suitability of 

the candidate and  shall  be responsible for taking up  and/or confirming  any references, including the confirmation of  any professional or academic qualifications or

any authorisation required by law (and  with Royal Pharmaceutical Society of Great Britain), provided by the candidate and/or FTAM before engaging a candidate. No

liability will be accepted by FTAM for any loss, expense, damage or delay arising from  the unsuitability,  incompetence, negligence, dishonesty or misconduct of any 

candidate(s).

5.8  FTAM shall ensure that the Placement Letter identifies the candidate(s), that the candidate(s) has/have necessary experience and/or qualifications for the Placement

and that the candidate(s) is/are willing to fulfil the Placement.

6.  General

6.1  FTAM shall not be liable for any failure to provide its services arising from circumstances outside its control,  including  but not limited to lock-outs,  fire,  accidents or

adverse weather conditions.

6.2  The failure by a party to enforce in any instance the performance of any provision of this contract shall not be construed as a waiver of that party’s rights to future

performance of such or any other provision.

6.3  No person who is not a party to this contract shall have the right, under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms.

6.4  The Client shall comply with the provisions of the Data Protection Act 1998 in relation to the personal data of candidate(s). 

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6.5  FTAM is committed to equal opportunities for all employees, workers, locums and candidates. FTAM treats everyone equally irrespective of race, colour, ethnic  or

national origin, sex, gender reassignment, marital or civil partnership status, sexual orientation, age, religion or belief, disability or membership or non-membership of a 

trade union.

6.6  For  the  purposes  of  these  standard  terms,  FTAM  Ltd  acts  as  an  employment  agency  in  relation  to  the  introduction  of  candidate(s)  to  the  client  for  a  fee  and  as  an 

employment business in relation to the introduction of candidate(s) to the client at a margin.

7.  Candidate Prices and Payment

7.1  Rates quoted are basic rates, which are applicable to hours worked by candidate(s) on weekdays between 7.30am and 5.30pm. Any overtime rates will be agreed

separately in writing.

7.2  The  Client  shall  be responsible  for the  payment  of  wages, and, if  the status of the candidate is not that of a self-employed person, PAYE income tax and National

Insurance contributions payable in respect of candidate(s). Payments should be made immediately on completion of the Placement, or on a weekly basis, where the

Placement exceeds one week.

7.3  Invoices will normally be rendered the week following provision of service.

7.4  A cancellation fee will be due if the Client cancels a confirmed booking within 7 days of the booked date.

8.  Indirect Fees

8.1  This clause deals with the fees charged for the hiring of FTAM candidates on an indirect and/or Employment Agency basis including but not limited to Temp-To-Perm,

Temp-To- Temp and Temp-To-Third Party situations.

8.2  Temp-To-Perm. If the Client wishes to hire a candidate on a permanent basis, the Client can either (a) pay FTAM an introduction fee; or (b) extend the Placement (the

“extension period”). If the Client opts to pay FTAM an introduction fee, the fee shall be a sum equal to that which would have been payable by the Client had FTAM

supplied the candidate to the Client for 15 weeks where the candidate is engaged on a weekly rate; or 72 days where the candidate is engaged on a daily rate at the

last rate at which the candidate had been supplied to the Client. If the Client opts to extend the Placement, an introduction fee will not be payable provided that the

extension period is for a further 26 continuous weeks where the candidate  is engaged on a  weekly rate; or a further 130 continuous  days where the candidate is

engaged on a daily rate. The transfer fee or extension period applies from the date when FTAM first becomes aware that the Client wishes to engage the candidate

on a permanent basis. This sub-clause 8.2 will only apply provided  that  FTAM  had supplied  the  candidate’s  work  within either  14 weeks  of  the start of  the first

Placement or within 8 weeks of the end of any Placement, whichever period ends later.

8.3  Temp-To-Temp and Temp-To-Third Party. The provisions of sub-clause 8.2 shall apply if the Client or any associated company makes use of the services of the

candidate other than pursuant to this contract or the Client introduces the candidate to any other person including an  associated  company  of  the  Client  (Temp-ToTemp  and/or  Temp-To-Third Party), subsequent to which the candidate’s services are used by that person (other than pursuant to this contract, or an equivalent

agreement between FTAM and that person) or the services of such candidate are provided to the Client through a third party, in  each case after commencement of the

Placement, within  the  later  of  the date  eight weeks following the termination of  the Placement and  the  date fourteen weeks following  the commencement of the 

Placement; or where the Placement has not commenced, at any

time between the date of notification of the name of the candidate by FTAM to the Client and the date of the commencement of the  Placement.

8.4  The Client undertakes to notify FTAM immediately if the circumstances described in sub- clauses 8.2 and/or 8.3 have arisen.

8.5  In the event that the Pharmacy is sold, it is the responsibility of the Client to inform the purchaser if there are candidates(s) working in the Practice placed by FTAM.

The Client  remains responsible for FTAM’s fees if the new owner of the Practice does not pay them.

8.6  If  a candidate who  has  been introduced by FTAM, purchases the  Client’s Practice, the  Client will be liable to pay an introduction fee of £3,000.00 plus VAT, in

addition to any other fees payable to FTAM.

8.7  The Client undertakes to notify FTAM immediately if it re-engages a candidate within six months following the termination of a Placement.  In these circumstances,

FTAM’s scale of fees in force at the time of the re-engagement will apply to the re-engagement.

8.8  If a candidate is re-engaged directly by the Client, i.e. without notifying FTAM, within 14 weeks of the start of any Placement, or within 8 weeks of the end of any

Placement the Client will be liable to pay a fee at the rate which was payable by the Client in respect of the last occasion on which the Client engaged  the candidate

via FTAM, plus a 25% increase in the fee in respect of administration and legal costs.

8.9  The Client undertakes to notify FTAM immediately if it intends to increase the number of days worked by the candidate beyond that initially booked via FTAM, whether 

engaged on  a temporary  or permanent basis, within 12 months of the commencement of the Placement or employment.

8.10  If a candidate is engaged or employed for additional days over and above those initially booked via FTAM within 12 months of the commencement of the Placement or

employment, the Client will be liable to pay an increased placement fee in accordance with FTAM’s scale of fees in force at the time of the original engagement or

employment of the candidate by the Client.

8.11  FTAM will inform the candidate if there are any changes to acting on their behalf as an Employment Agency, or Employment Business, or both.

8.12  Invoices for an introduction fee will normally be rendered within 7 days. Invoices for an extended Placement will normally be rendered within 7 days.

9.  Client undertakings and warranties

9.1  All  temporary  candidate(s)  provided  by  FTAM  are  deemed  to  be under the  exclusive direction and control of the Client throughout the period during which their

services are provided.  Accordingly, the  Client assumes responsibility  for  all acts, errors, and omissions of candidate(s), the  health and safety of candidate(s) and

compliance with all statutes, including such of the Conduct Regulations as may be applicable to the Client, the Working Time Regulations 1998, by-laws and codes of

practice and all legal requirements to which the Client is ordinarily subject in respect of the Client’s own employees as if the candidate(s) were the employees of the Client.

9.2  The  Client undertakes to supervise effectively the  candidate(s) supplied  to it and,  in particular, to conduct a health and safety induction process for all candidate(s)

supplied to the Client.

9.3  The  Client warrants that  it has a  current insurance  policy  covering all usual insurable risks  in relation to the running of  its premises, including but not limited to

insurances covering public liability, employer’s liability, accidents at work and claims which may be made against FTAM in relation to the Placement.

9.4  The Client  shall indemnify FTAM against  all losses, claims and liabilities that may be incurred by FTAM, under statute or common law, or by reason of the failure by 

the Client or any  associated company of the Client to fulfill all or  any of the undertakings or warranties contained in these terms.

9.5  The Client will assist FTAM in complying with FTAM’s  duties under the Working Time Regulations 1998 by supplying without delay any relevant information about

the Placement requested by FTAM. The Client will not do anything to cause FTAM to be in breach of its obligations under the Regulations. In particular, where the

Client  requires or may require  the services of a candidate for  more  than 48 hours  in any  one  week, the Client must notify  FTAM  of  this  requirement  before  the 

commencement of that week.

10.  Guarantee

10.1  Should any candidate prove unsatisfactory, no fee will be charged by FTAM in respect of such candidate, provided that: FTAM is so notified within  four  hours of

commencement of the Placement; such notification is confirmed in writing, and received by FTAM within 7 days of verbal notification; and the candidate is asked to

leave the Client’s premises within four hours of commencement of the Placement. In the absence of  such notifications, the full fee in respect of any such candidate will be

payable.

10.2  In the event that the employment of the candidate by the Client comes to an end within the first 4 weeks of commencement of employment a rebate of 50%  shall  apply,

provided that no rebate will be due if the fee has not been paid in accordance with the payment terms set out in this contract.

10.3  If the Client decides for any reason to cancel a candidate for a locum booking within 7 days of the start time of the Placement, the Client shall remain liable to pay

FTAM the engagement fee. In such circumstances, the Client shall, additionally, be liable to pay to  FTAM a sum equal to 50% of the remuneration that would have

been payable to the candidate, less any remuneration actually earned by that  candidate in respect of the period covered by the cancelled engagement.

FTAM reserves the right to amend any or all of above terms without prior  notice

1. The Locum is self-employed and responsible for his or her own tax and National Insurance.


2. I declare that the facts I enter on the registration form will be accurate and undertake to notify FTAM Ltd t/a Locumlink PPLS immediately of any change in status.


3. I understand that I am under no obligation whatsoever to accept any locum engagement offered to me through  FTAM Ltd t/a Locumlink PPLS , but that once I have given my verbal acceptance of a locum engagement offered, this is a binding contract unless agreement to terminate or cancel is given by the other party. I also understand that any breach of the agreement by the Employer engaging me is not the responsibility of  FTAM Ltd t/a Locumlink PPLS , on whom I have no claim. Any claim for loss of earnings is to be made by me directly with the Employer.


4. I understand that  FTAM Ltd t/a Locumlink PPLS is not responsible for the payment of my fee, which is payable directly to me by the Employer. It is further understood that there is no liability due by me financially to  FTAM Ltd t/a Locumlink PPLS and that no fee is payable by me to Locumlink in return for obtaining engagements on my behalf.


5. All information given to me by  FTAM Ltd t/a Locumlink PPLS regarding vacancies is strictly confidential and is not to be passed on to any other locum. Similarly, all information regarding any establishment at which I have been engaged is also private and confidential.


6. I acknowledge that the information provided at registration may form the basis of a computerised personnel system to which I have access as determined by the Data Protection Act 1984.


Browns Locumlink, 1 Bradmore Building, Bradmore Green, Brookmans Park, Hertfordshire, AL9 7QR, 01707 291823