Watch out, there's a locum about ... or is there?

GP partnerships should be aware that there has been a spate of cases where locums are claiming to be employees. As a consequence they are claiming holiday pay, sickness pay and compensation for dismissal if contracts are not continued.

With such arrangements care needs to be taken that form and substance do not differ – in other words the practice should stick to the contractual arrangements. Any divergence that might blur the arrangements as between a freelancer and an employee could lead to costly legal claims.
Practices should review their locum contracts to ensure they record the intended contractual relationship and do not contain anything that could be construed so as to make it a contract of employment. They also need to check the actual method of working of locums in the practice and adjust this if there is no differentiation with an employee.

Birkett Long’s employment team can advise you on these issues – contact Tim Ogle on 01206 217354 or tim.ogle@birkettlong.co.uk  

If you would like to speak to any of Birkett Long’s experts in law relating to the health and social care sector, please contact Tracey Dickens on 01206 217326 or email tracey.dickens@birkettlong.co.uk