As you will be aware when using a locum nurse, they have to have the same checks as would be required for a permanent member of staff, directly employed. Compliance such as, hepb, dbs’, references and right to work documents etc etc, all have to be checked and recorded. As I say, the locum has to be treated as if they were an employee of the practice.

They need a contract!  

From the off, this is hard to achieve, especially if the locum is there for only one day and even more so if booked last minute.

This checking can be done by another party, such as an agency, however, many practices don’t realise, that if a locum is booked via an agency yet on a direct-hire relationship ie the locum is self-employed, not only does the responsibility for compliance, right to work and employment history sit very much with the practice but so does employment law and hmrc responsibilities.

As I say, there needs to be a contract.

This is complicated but very important. If the practice chooses to use the locum on a self-employed basis, then under what type of contract is the relationship being managed and whose setting the terms of this engagement?

The legal complications and risk that this poses to any business but in particular larger businesses, is spectacular. You could have a self-employed nurse come up with spurious terms of engagement, and by simply not having your own signed terms in place, their terms stand.   

By using us, we have the contracts in place, with you as the client and the nurses as employed staff, to us. It's simple but essential.