FLEXIBLE WORKER REGISTRATION AGREEMENT
In this registration agreement "Trust," means any NHS organisation to whom you are provided by NHSP when you agree to carry out an Assignment (as defined in paragraph 2 below) under these terms.
This registration agreement sets out the terms of your registration as an NHSP flexible worker and forms the terms of your employment with NHSP for the period of any Assignment only. It is the intention of NHSP and you that outside any agreed Assignment there is no contract of employment between the parties.
1. Identity of Employer and Nature of Relationship
- As a flexible worker with NHSP you acknowledge that different types of Assignments will be available on NHS Professionals' online booking system for you to accept; specifically, a single Assignment, or a Series of Assignments. NHSP acknowledges that you wish to retain the choice whether or not to accept any Assignment offered on its online booking system and you acknowledge that NHSP is not obliged to offer any Assignment of work to you.
- NHSP will be your employer during and only for the period of any Assignment available on NHSP's online booking system and worked by you.
- It is agreed between NHSP and you that each Assignment is a self-contained offer of work. Once the Assignment is over you are not obliged to undertake any further Assignments nor is NHSP obliged to offer you any. Upon the completion of any Assignment you will no longer be an employee of NHSP. You agree that you are deemed to be served notice to terminate the employment created by each Assignment at the start of an Assignment and you agree to waive any right to a longer notice period (subject to the provisions of paragraph 3).
2. Meaning of "Assignment"
- An "Assignment" is an individual shift during which you are engaged by NHSP. For example, if you book ten shifts on the online booking system at the same time, you will have booked ten separate Assignments, regardless of the fact that they were booked all at once.
- A "Series of Assignments" means the situation where individual Assignments are booked for a consecutive period with the same Trust client, where no more than maximum of 72 hours' break elapses between each individual Assignment. Where you are engaged under this registration agreement for a Series of Assignments but you wish to terminate that Series of Assignments before its scheduled end, the notice periods set out in paragraph 3 below, will apply.
3. Term
- Provided you are not carrying out an Assignment, you or NHSP may decide at any time without notice to end your availability to work with NHSP under this registration agreement and in accordance with any relevant procedures. However, such notification must be given in writing.
- Neither you nor NHSP are required to give actual notice to the other that your employment ends upon the completion of an Assignment (that is not a Series of Assignments) because of the deemed provisions regarding notice at paragraph 1.3 above. For the avoidance of doubt, both you and NHSP agree to waive any entitlement to notice when an Assignment (that is not a Series of Assignments), is completed. The end of each such Assignment will mean that you are no longer an employee of NHSP.
- Where you are engaged under this registration agreement for a Series of Assignments but you wish to terminate that Series of Assignments before its scheduled end; and that Series of Assignments has been booked and has lasted, or is expected to last for one month or more, you must give one week's notice (in writing).
- If NHSP, in its sole discretion, decides to terminate the Series of Assignments booked before its scheduled end, where that Series of Assignments has been booked and the has lasted, or is expected to last for one month or more, you will be given one week's notice.
- If you have booked a Series of Assignments but have only worked for part of its duration, you are only an employee for the period that you have actually worked. In the event that a Trust client cancels an Assignment or Series of Assignments for any reason, you are not entitled to any payment for any Assignment or Series of Assignments you may have booked but are unable to work and NHSP is under no obligation to allocate replacement Assignments to you.
- NHSP may terminate these terms of your registration and/or any particular Assignment without notice for gross misconduct or as otherwise provided for in this registration agreement. This section is subject to and should be read in conjunction with paragraph 9 (Hours of Work) of this registration agreement. If your Assignment is terminated for gross misconduct and you are not permitted to complete the Assignment, you will receive payment up until the point at which your Assignment was terminated (rounded up to the nearest half hour). You will not receive any further payment for the remainder of that Assignment, or any other Assignments you may have booked, but were unable to work due to the termination.
4. Job Role, Description and Right to Work
- During the period of any Assignment, and only then, you will be employed by NHSP as a flexible worker. Your duties and responsibilities will vary according to the Assignment, and these will be explained to you in advance of any agreement to accept the work offered.
- These responsibilities should not be regarded as exclusive or exhaustive and may need to be amended from time to time in the light of clinical/service requirements at the locations where you work.
- A minimum of one Assignment must be undertaken in each period of 12 months and you must attend any mandatory training you are notified of. If you do not undertake any such Assignments within a period of 12 months, this registration agreement will be treated as automatically coming to an end without notice. If you wish to work as an NHSP flexible worker in future, you may be required to re-apply for registration. This provision will not apply if you give NHSP written notification of your absence for a specified reason, as agreed with NHSP.
- It is your responsibility to provide evidence that your professional practice is up to date to ensure you are able to undertake Assignments competently (where such Assignment has been accepted by you).
5. Place of Work
- Whilst working with NHSP, your place of work will vary depending on the work offered and accepted. Your place of work may be any location of any Trust you agree to work for. No allowance will be granted to you for any expenses or time incurred in travelling to and from the place of work allocated to you.
- You will be required to comply with the applicable local policies of each Trust you work with.
6. Accountability
On a day-to-day basis, you will be accountable to a designated Manager where you are undertaking the Assignment.
7. Continuous Employment
- Subject to s.210 of the Employment Rights Act 1996, continuous employment shall be from the start of any single Assignment worked and your employment is only continuous for the duration of that Assignment.
- Any previous employment with NHSP or with any other employer will not count as continuous service for the purposes of these terms of this registration agreement.
8. Pay and Deductions from Pay
- Your basic hourly rate of pay will be dependant on the nature, location and time of the Assignment and will be in accordance with NHSP's pay rates. You will be paid directly into your bank account a week in arrears. In order to ensure this happens, you must submit an electronic weekly time sheet and your bank account details. Your pay is inclusive of all allowances associated with your role as outlined below.
- Pay rates may be supplemented by High Cost Area supplements, unsocial hour payments and local pay supplements for recruitment and retention purposes and are subject to variation from time to time in accordance with the directions given by NHS Professionals.
- Payment for annual leave will be shown as payment for a Rest Day on your payslip. Annual leave will be calculated after the receipt of an electronic timesheet by NHSP and your accrued annual leave can be viewed online. However, time spent on annual leave will not count as an Assignment. When your registration with NHSP terminates, any adjustment of pay for accrued but untaken annual leave will be made in your final payment subject to and in accordance with the Appendix (FW Annual Leave Accrual Calculations) to this registration agreement.
- By signing this registration agreement, you agree that NHSP may make such deductions (including repayment of its Initial Costs, as provided at paragraph 35 below) from your pay (including your final pay) as is necessary to recoup any overpayment or other sum owed by you to NHSP arising from this registration agreement.
9. Hours of Work
- As a flexible worker, you have no normal working hours. However, where you accept an Assignment offered to you it is your responsibility to present yourself for duty at the appropriate and agreed location on time, and to be immediately and suitably prepared to commence your duties. Failure to attend for Assignments you have accepted may result in termination of your registration by NHSP.
- Once you have accepted an Assignment there is a positive obligation upon you to complete that Assignment. You are required to show flexibility in the performance of your duties when undertaking Assignments for Trust clients. You understand and agree that you will carry out the Trust's reasonable instructions during the Assignment, including any changes in the work required by the Trust deemed reasonable by NHSP (for example a change in ward or unit), subject to your competency to carry out the work.
- Whilst undertaking an Assignment you agree that to the extent Regulation 4(1) of the Working Time Regulations 1998 (working hours) applies to you, you agree to opt out of Regulation 4(1), although you may terminate such opt-out at any time by giving NHSP not less than 3 months' written notice.
- It is NHSP's duty generally to monitor your working hours including hours that you work for an employer other than NHSP and in any other employment you may hold with any Trust (for instance under a full time contract of employment). You, therefore, agree that you will inform NHSP of:
- any other work you carry out for any other person, firm or employer other than NHSP;
- any other work you carry out which means you may not comply with working time rest requirements (e.g. 2 days in any 14 day period);
- the days on which you carry out such other work;
- the hours that you work for such other person, firm or employer and the times at which you carry out such work.
- In addition, you agree that within two weeks of any change to work you carry out for a person, firm or employer other than NHSP, you will notify NHSP of such change; whether it involves a change to the total hours of such work or the times at which you performed such work. You must also inform NHSP in writing if you commence work for a different person, firm or employer.
- NHSP has the right not to offer you work where it is felt that any additional hours will prevent you from delivering a safe level of patient/client care. To protect the interests of patients and staff alike, the following conditions will apply to your working patterns:
- NHSP has the right to stop you working excessive hours if it is felt that this will prevent you from delivering a safe level of patient/client care.
- You have an obligation to ensure that you do not work additional hours which would prevent you from delivering a safe level of patient/client care. You must not book shifts which would endanger patient/client care. Please be advised that infringements of the Working Time Regulations can lead to disciplinary or other action.
- Leaving aside the provisions of the opt-out under the Working Time Regulations 1998, you may not undertake duties resulting in "back to back" working. "Back to back" is defined as a late shift followed by a night duty or a night duty followed by an early shift. If you undertake such "back to back" working, where one or more of the shifts is with NHSP (including Assignments worked under this agreement in addition to any other work for NHSP - see below) or with any other provider of your services, or where NHSP otherwise considers you are working excessive hours such as to prevent you from delivering a safe level of patient care NHSP may:
- if you are carrying out an Assignment (and therefore are an employee for the period of that Assignment). terminate the Assignment and take such other action as it considers appropriate; including termination of this registration agreement.
Under this paragraph we are entitled without notice or payment in lieu of notice, to cancel your current Assignment, and any further Assignments if we consider that you are accepting Assignments that cause you to work excessive hours. This is to ensure that our commitment to provide safe patient/client care is not compromised.
In the event that you are not permitted to complete an Assignment, you will receive payment up until the point during the Assignment at which the Assignment was cancelled (rounded up to the nearest half hour) and you will not receive any further payment for the remainder of that Assignment, or any other Assignments you may have booked but were unable to work due to the cancellation.
- if you are not carrying out a particular Assignment, to cancel any booked Assignments without notice or payment in lieu of notice and/or terminate this registration agreement.
10. Annual Leave/Holiday Pay
- The NHS Professionals Flexible Workers' annual leave year will run from the date of your first Assignment worked after your registration with NHSP and on the anniversary of that date, for the duration of one calendar year (“the Leave Year”). Your annual leave entitlement will restart annually every Leave Year, for as long as your registration with NHSP is continuing.
- You are entitled to take up to 28 days' annual leave every Leave Year in line with your statutory entitlements under the Working Time Regulations. Payment for annual leave will be made in accordance with paragraph 8 above and the clauses 10.4 through 10.8, that are intended to be contractual.
- If you wish to take time off in addition to the 28 days' paid leave to which you are entitled, you always have the right not to register for Assignments. This additional unpaid time off is subject to the provisions of section 9 above. As you will not be working an Assignment during that time, the provisions of section 1 above will apply.
- The annual leave hours calculation will be based on the hours you actually work and are paid for during the Leave Year - for example, there is no entitlement for annual leave to accumulate during unpaid meal breaks or shifts booked that are not authorised and released. Any shift not released within 12 weeks of the shift date will not be accrued for the purpose of annual It is important to release timesheets weekly to ensure accurate calculations of accrued leave are maintained.
- The maximum hours accrued in any individual week will be capped at 4.5 hours. This equates to 28 days a year, or 210 hours a year (28 days x standard working day of 7.5 hours).
- The reference period for calculating your annual leave payment and the amount of leave due to you (based on the hours that you work) will be your previous 12 pay weeks immediately prior to the taking of the annual leave.
- The annual leave pay rate will be inclusive of any enhancements, including but not limited to, high cost area supplements, recruitment and retention premium and unsocial hours uplifts, for timesheets that have been released.
- In the Leave Year in which you permanently cease to be a Flexible Worker, you will be paid any accrued but untaken annual leave in accordance with the calculations set out above (provided that if you terminate this registration agreement, you do so with notice in accordance with section 3 of this registration agreement, as stated above).
11. Maternity, Paternity, Adoption and Parental Leave and Pay
Details are available from NHSP.
12. Pension Scheme
- Unless other arrangements apply to you, you are eligible to join the NHSP Defined Contributions Pension Scheme ("the Scheme"). Membership of the Scheme will be subject to its terms, which may be varied and amended from time to time. Further information is available from NHSP.
- Once in the Scheme, if you do not carry out an Assignment under the terms of this registration agreement for a 3 month period, your membership of the Scheme will cease and then when you next carry out an Assignment under this registration agreement you will become eligible to re-join the Scheme.
13. Absence due to Sickness
- You are required to notify NHSP immediately if you are unable to undertake Assignments that you have accepted due to ill health. In this situation you may be eligible to receive NHS Professionals Sickness Absence payments (“Sickness Payments”) subject to paragraphs 13.2-13.3 below.
- No sick-pay entitlement is paid for the first three days of any sickness absence. Thereafter you may be entitled to Sickness Payments based on the hours worked and your average earnings over the last eight weeks prior to your sickness absence.
- For periods of sickness of 7 days or more you must provide a medical certificate signed by a doctor. Failure to notify of sickness absences promptly may result in loss of Sickness Payments. There is no contractual right to Sickness Payments; your entitlement to Sickness Payments will be subject to the eligibility criteria as set out in the Social Security Contributions and Benefits Act 1992 as amended from time to time.
14. Medical Fitness
NHSP reserves the right to require you to attend a medical examination carried out by an occupational health practitioner and/or a medical practitioner nominated by it in order to assess your fitness to work. The outcome of any medical examination will be disclosed to NHSP. Failure to attend such medical examination may result in NHSP not offering you any further Assignments.
15. Smoking Policy
Smoking is prohibited on all premises that you work at except in designated areas. This includes e-cigarettes.
16. Provision of Training
It is your responsibility to ensure that you maintain and develop your competencies in the fields in which you practice. You have an ongoing duty to undertake learning and development activities, including mandatory training, refresher activities, for the purposes of your continuing professional development. You acknowledge that NHSP reserves the right to refuse to offer any Assignment to you or to cancel an Assignment which has been offered to you if it considers it necessary for you to undertake learning and development activities to ensure that you can effectively and safely carry out your duties.
17. Concerns and Conduct Procedures
- All NHS Trusts have a legal responsibility to inform and apologise to patients who use their services if there have been mistakes in their care, particularly if these mistakes lead to significant harm. This is known as the Duty of Candour. If you make a mistake whilst undertaking an Assignment or you see mistakes being made by others whilst you are working on an Assignment you have a responsibility to report this immediately to the manager of your Assignment and to NHSP as soon as possible.
- Where you have a concern about your Assignment(s) you need to raise it with us in writing. NHSP will also raise any concerns we have about your conduct with you in writing.
- Following the written notification, NHSP will investigate the issue and then notify you of its decision accordingly. You will have the opportunity to appeal the decision.
- Your Assignment will not normally be terminated for a first breach of discipline except in the case of gross misconduct or serious negligence when the penalty may be termination of your Assignment and termination of your registration without notice and without payment in lieu of notice.
- The procedure set out in this paragraph 17 may be activated when a disciplinary issue arises, or when you wish to raise a grievance, and so, for the avoidance of doubt, these provisions serve as NHSP's disciplinary and grievance procedures in respect of you. However, these procedures shall not be contractual and shall not have any contractual effect during any Assignment or otherwise. The procedure set out in this section may be varied from time to time by NHSP at its discretion.
18. Restriction from carrying out Assignments
- During any Assignment, NHSP has the power to restrict you from working the Assignment and any subsequent Assignments which have been booked by you, as a result of any complaint received about you or concern about your practice pending any disciplinary or grievance investigation/hearing. A non-exhaustive list of examples when restriction might be appropriate include when it is necessary to:
- preserve the integrity of any complaint, disciplinary or grievance investigation or hearing;
- protect your own or others' interests where there are issues of intimidation or influencing of you or witnesses;
- protect the interests of patient care;
- comply with a client request; or
- follow the correct procedures, with reference to the nature of any allegation made against you, for instance an allegation of an assault on a patient.
- In the event that you are not permitted to complete an Assignment, you will receive payment up until the point during the Assignment at which you were restricted from working (rounded up to the nearest half hour) and you will not receive any further payment for the remainder of that Assignment, or any other Assignments you may have booked but were unable to work due to suspension.
- During any period of restriction under the terms of your registration, NHSP may exclude you from its or any Trust's location and cease to offer you Assignments under this registration agreement but may require you to be available to provide assistance with any investigation. NHSP may also require that you do not contact potential witnesses other than with the agreement of the person carrying out the investigation.
- If you are permitted to continue to book and work Assignments whilst NHSP or a Trust is undertaking an investigation with regard to your conduct, capability or registration, this does not constitute a restriction under the terms of this clause.
- If you have a contract of employment with a Trust, NHSP may inform:
- that Trust's Human Resources Department;
- any employment agency which provides temporary workers to that Trust and for whom you may carry out work; and
- any other NHS employers for whom you may work;
about your suspension.
- If you are a member of a professional body, they may also be informed.
19. Co-operation with Procedures
You may from time to time be witness to alleged acts or omissions which may be the subject of a complaints investigation, disciplinary, grievance or legal or other procedures by NHSP or a Trust. In any such instance you agree that you will co-operate with any investigating officer or other relevant person or body in dealing with such procedures including appearing as a witness.
20. Rehabilitation of Offenders
- You are required to inform NHSP of any conditional cautions, criminal investigations, prosecutions, convictions or Judgments against you while you remain registered as a flexible worker.
- You are advised that the roles you may carry out during an Assignment are exempt from the provisions of Section 4(2) of the Rehabilitation of Offenders Act 1974. You are not entitled to withhold information about any criminal convictions which for other purposes are "spent" under the provisions of that Act. Any failure to disclose such convictions may result in disciplinary action or termination of your Assignment and the terms of your registration.
- You have an individual responsibility to apply the Disclosure and Barring Service for an enhanced check for regulated activity ("DBS check"). You are responsible for the cost of obtaining the DBS check and must provide this to NHSP prior to the completion of your registration. The date of the DBS check must always be within 12 months of any Assignment that you undertake.
- You are additionally responsible for renewing your DBS check on an annual basis.
- NHSP reserves the right to refuse to offer any Assignments to you or to cancel any Assignment that has been offered to you if you do not comply with the above requirements regarding your DBS check.
21. Health and Safety
- Whilst working with NHSP you have a duty to take reasonable care to avoid injury to yourself and to others at your place of work and to co-operate with NHSP or a Trust in meeting its obligations towards the safety of its workers and others and, in particular, its obligations under Health & Safety at Work legislation.
- If, during an Assignment, you are involved in an accident or incident or injure yourself or a colleague at work, you must inform your designated manager at that particular location immediately. Personal injury details must be entered in the accident book immediately and the necessary local accident report form completed. You are also required to inform NHSP.
22. Offering Assignments & Location
NHSP reserves the right to only offer an Assignment to you via NHSP's online booking system and in accordance with this registration agreement. If you refuse an Assignment offered to you as a flexible worker which is then sought to be filled by contacting an employment agency, NHSP reserves the right to specify that you are not provided by the agency to fulfil that Assignment. NHSP also reserves the right to request that you also do not work in that or any other Assignment offered to NHSP.
23. Confidentiality
- You are required to observe the strictest confidence regarding any information relating to the work of NHSP or any Trust, their patients/clients and employees, workers and/or agents.
- "Confidential Information" includes but is not limited to information relating to NHSP or a Trust received by you during Assignments as a flexible worker relating to patients, personal information, budgeting and financial information and information in respect of which NHSP or a Trust owes a duty of confidentiality to a third party.
- You are required not to disclose any Confidential Information either during or after your engagement with NHSP unless expressly authorised to do so by NHSP or a Trust or required in the proper performance of your duties or as required by law.
- This obligation will cease only when such information comes into the public domain other than through unauthorised disclosure by you.
- Failure to comply with these requirements will be treated as an act of gross misconduct.
- These requirements are without prejudice to the rights to make a protected disclosure as set out in the Public Interest Disclosure Act 1998 (as amended from time to time).
24. Trade Union Membership
You have the right to choose to belong or not to belong to an independent trade union. There are no collective agreements applicable to this registration agreement.
25. Professional Qualification
- If you are employed in an area of work which requires membership of a professional body in order to practice, it is a condition subsequent of the terms of your registration for you to maintain membership of such professional body. It is also your responsibility to comply with the relevant bodies' codes of practice as laid down from time to time.
- You are required to advise NHSP if your professional body in any way limits or changes the terms of your registration or practice.
- Failure to remain registered or to comply with any relevant code of practice may result in the termination of your registration, suspension from an Assignment or disciplinary action.
- If you are required to hold registration with a particular professional body, NHSP may require you, on demand, to provide documentary evidence of your registration with that professional body.
- If you hold registration with a particular professional body you must inform NHSP of any referrals to the relevant professional body on the grounds of conduct or fitness to practise, failure to inform NHSP may result in NHSP not offering you future Assignments (see paragraph 1 Identity of Employer and Nature of Relationship).
26. Personal particulars
- Whilst working as an NHS Professional under this registration agreement, you are required to notify NHSP of any changes in your personal circumstances including changes to your name, address or telephone number or eligibility to work in the UK. If you are employed by another employer, you must inform NHSP of any suspension or disciplinary action taken against you by them. You must also inform NHSP of any referrals or fitness to practise restrictions by your professional bodies. You have a continuing duty to notify NHSP of any relevant change in your circumstances, including the identity of any third party that engages or employs you.
- Furthermore, if you have a contract of employment with another employer from which you are suspended from duty, you must notify NHSP immediately and NHSP reserves the right to restrict you from carrying out an Assignment and not offer you further Assignments if it is deemed necessary for one of the reasons set out above.
- You are required to wear your photo identity badge while working on an Assignment with NHSP. Failure to wear your photo identity badge while on duty, and/or intentionally or unintentionally allowing your photo identity badge to be used by another individual is a disciplinary offence.
27. Engagement/Employment with other providers
- While undertaking Assignments you shall not be supplied, engaged or employed directly or indirectly by any person, firm, company, or other organisation that is in the business of providing recruitment to the NHS or dealing in the provision of recruitment services to the NHS of the kind provided by NHSP as at the date of this registration agreement.
- For the avoidance of doubt you are not permitted to be supplied to, engaged by or employed directly or indirectly by, any customer or client of NHSP, other than in accordance with this registration agreement. If you are offered a permanent role (including employment or other engagement) by a client Trust you must inform NHSP as soon as possible.
28. Loss of Personal Effects
Whilst working for NHSP you are advised that no liability can be accepted for any loss or damage to personal property whilst on any NHSP or Trust location. You are advised to provide your own insurance cover.
29. Uniforms
- You may, from time to time, be provided with items of clothing or identification by NHSP or a Trust. Any such items shall remain the property of the party which provides them to you. The uniform must be worn correctly and at all appropriate times.
- All articles of uniform or identification must be returned to the owner on termination of your Assignment or your registration, as appropriate.
30. Data Protection
- You agree that NHSP can process any data, including sensitive personal data for the purposes of the Data Protection Act, about you for the purpose of:
- complying with legal obligations in its capacity as an employer or otherwise;
- for the purposes of investigating and combating fraud including, where necessary, providing information to the NHS Counter Fraud and Security Management Service Division, the police, the Home Office, Her Majesty's Revenue and Customs, and any other relevant Government and/or regulatory body with responsibility for such matters;
- employee management including (but without limitation) the administration of employee benefits;
- safeguarding the safety of patients and staff in any NHS organisation in which you work, have worked or may work;
- any other general purpose of NHSP, of any Trust, other NHS employer or any employment agency with which NHSP contracts.
- You understand and agree that this may include the making available by NHSP of your personal or sensitive personal data to Trusts, other NHS employers and any employment agency with which NHSP contracts where it is considered relevant to the matters set out here and NHSP is satisfied that they will provide a similar level of security and confidentiality. In addition, you agree that NHSP is entitled to process your personal and sensitive personal data received from any Trust, other NHS employer or employment agency with which it contracts for the purposes of recording and retaining the information, analysing the information, using the information in internal procedures carried out by NHSP and providing the information to third parties where appropriate. NHSP will also contact you in order to reasonably inform you about any relevant developments or changes affecting your engagement with us and requires you to keep in touch with NHSP and to ensure that we have accurate contact details for you.
31. Equal opportunities
NHSP and the Trust to whom you may be provided to carry out an Assignment are committed to equal opportunities. You are therefore required to comply with the Equality and Diversity and/or Dignity at Work policies of the Trust(s) to whom you are assigned. In the event that you fail to comply with the relevant policies and/or commit an act of discrimination and/or harassment, during the period of any Assignment, on the basis of an individual's gender (including gender reassignment), race, nationality, ethnic or national origin, disability, religion, beliefs, sexual orientation or age, you will be subject to disciplinary procedures and disciplinary action may be taken against you.
32. General Conditions
- In addition to the terms of this registration agreement, whilst working as a flexible worker, you are subject to such terms and conditions of service and procedures as are notified to you from time to time.
- By signing this agreement you agree to act in accordance with the provisions contained in the NHSP Data Protection and Email policies, which are available on our intranet.
33. Changes in Terms
Your terms and conditions of engagement are governed by this registration agreement. We reserve the right to amend or vary your terms of engagement from time to time and shall notify you of such amendments or variation by posting them on the NHSP intranet if the change is minor. You will be given appropriate notice of material changes to your terms of engagement and appropriate consultation will take place.
34. Eligibility to work
- It is a condition of this registration agreement that you have the legal right to work in the United Kingdom (“Right to Work”), Professional Registration (where applicable) and maintain your Mandatory and Statutory Training (where applicable).
- If any of the issues outlined in 34.1 above apply and you remain non-compliant through any extended period, subject to, and in accordance with, NHS Professionals policies, your registration will be terminated.
- If you are a Visa and Biometric Resident Permit holder you will need to provide NHSP with consent to conduct checks with the Home Office regarding your Right to Work. NHSP will write to you separately to obtain this consent.
- NHSP reserves the right to restrict you from carrying out an Assignment and not offer you further Assignments if you do not provide consent and/or you are not eligible to work in the United Kingdom.
35. Repayment of Initial Costs
- "Initial Costs" are the initial costs incurred by NHSP in registering you under this registration agreement, including, but not limited to:
- The provision of your NHSP uniform;
- Costs of any medical examination carried out to ascertain your fitness to work; and
- Mandatory training costs.
- NHSP incurs the Initial Costs (as defined below) upon your engagement as a flexible worker under this registration agreement. You agree that NHSP has a legitimate interest to ensure that you do not provide your services to another supplier to the financial detriment of NHSP. Therefore, should you:
- provide your services through another supplier within two weeks of working on an Assignment through NHSP for the same client; or
- or accept permanent employment or engagement with a client with whom you have carried out an Assignment within the last 6 months of your engagement with us;
- We may require you to immediately repay to NHSP the Initial Costs up to a maximum of £500 (which it is agreed is a genuine pre-estimate of NHSP's' financial loss)