Locum's Nest Commercial Model (Agency)

1. Capitalised terms used in this document have the meanings set out in the Locum's Nest Platform Agreement (Agency) ("Agreement"). 

2. Locum's Nest provides an online platform which enables Recruitment Agencies to apply on behalf of workers and subsequently, potentially be selected for, new Shifts that a Healthcare Organisation has listed.  Locum's Nest does not provide or manage the Shifts.  Locum's Nest does not decide or have any input into whether a Worker is successfully selected for a Shift. All such selections are made solely by the Healthcare Organisation. In this regard, Locum's Nest 's role is limited to the provision of the Services to allow the Agency to place bids to supply its Workers for Shifts.

3. Each Healthcare Organisation has the sole discretion to cascade unfulfilled Shift postings at their respective Sites to Agencies.  Those Agencies will then be able to review the Shift postings on the Locum's Nest Platform and, provided they have their Workers' express prior consent, the Agency can put forward their Workers and accept the Healthcare Organisation's rates or counter propose rates.  The respective Healthcare Organisation then reviews the offer and accepts or declines it.  If the Healthcare Organisation accepts the offer, the Worker is legally bound to work that Shift and submit a true and complete timesheet on the Locum's Nest App.  Locum's Nest provides the functionality to support this process but, other than this, Locum's Nest is not in any way responsible for any issues relating out of or in connection with this process.

4. Locum's Nest does not introduce Workers to Agency or engage with Workers in any way other than through allowing them access to and use of the Locum's Nest App.

5. Locum's Nest does not introduce Agencies to Healthcare Organisations.

6. Locum's Nest is not an employment agency or employment business or recruitment agency.

7. Locum's Nest does not select, vet, or verify Workers, their skills, qualifications, or eligibility to work (including eligibility to work in the UK), all of this being the responsibility of Agency (and Healthcare Organisations).

8. Agency's Workers are registered with Agency as  temporary workers that Agency can supply to Healthcare Organisations for Shifts, and Agency is solely responsible for those Workers.

9. Each Shift is as described in the relevant Shift posting.  Locum's Nest makes no commitment as to how many or how often Shifts will be posted and makes no commitment that any of the Shifts will be of interest to Agency or suitable for Agency to apply for on behalf of Agency's Workers.

10. Locum's Nest does not and cannot guarantee the Workers will attend the Shifts, the quality of the Workers' performance during Shifts or that there will be no issues in respect of those Shifts.  Any issues arising out of or in relation to this are not the responsibility of Locum's Nest and are to be dealt with between Agency, the Worker and the relevant Healthcare Organisation, as applicable.

11. Unless otherwise indicated in the relevant Shift posting, each Shift is potentially open to a large number of Workers who are registered with Locum's Nest.  As such, if Agency applies for a Shift on behalf of its Worker, Agency should bear in mind that there may be other Workers who have chosen to apply for the same Shift (and Agency's application may be unsuccessful).

12. The relevant Healthcare Organisation is solely responsible for describing the relevant Shift, including its scope, start date, duration, hours, what is required of Workers, the deadline for applying, and any issues relating to or in connection with this are not the responsibility of Locum's Nest.

13. Locum's Nest does not populate any Shift posting or pre-screen, approve or otherwise check the contents of any Shift posting or timesheet and, as such, Agency acknowledges that Locum's Nest is not responsible for how any Shift is described or any timesheets, including any ambiguity or discrepancies. Agency acknowledges and agrees that Agency and Worker are solely responsible for all use made of any Shift posting and submission of timesheets.  To the fullest extent permitted by law,  Locum's Nest accepts no liability for any loss or damage of any kind incurred as a result of Agency and its Workers reliance on any Shift posting or applying for any Shift or any timesheets.

14. A Shift posting may be cancelled or taken down by the relevant Healthcare Organisation at any time, without notice, for any reason, and Agency acknowledges that neither Locum's Nest, nor the relevant Healthcare Organisation, will have any liability to Agency or its Workers if a Shift posting that it is interested in is taken down.

15. Any decision to put a Worker forward for a Shift posting is solely between Agency and the Worker and Locum's Nest is not involved in this decision or any issues arising from it.

16. Locum's Nest makes no commitment that the relevant Healthcare Organisation will contact Agency in relation to any Shift posting it chooses to respond to, or that Agency will be considered by the Healthcare Organisation, or its Workers invited to attend any interview, or that any Shift offer will be made to the relevant Worker.

17. If a Shift offer is made to an Agent's Worker, the terms of that offer and, if accepted, the terms of the engagement are entirely a matter between Agency, the Worker and the relevant Healthcare Organisation only.  Locum's Nest does not know what those terms are and does not become involved in the negotiation of those terms in any way.  In particular, Locum's Nest is in no way responsible for paying Worker for the Shift, which is entirely the responsibility of the Agent and relevant Healthcare Organisation.  

18. While Locum's Nest develops the Locum's Nest Platform in accordance with good industry practice, Locum's Nest : (a) cannot and does not guarantee that the Services (including the Locum's Nest Platform) will have continuous, uninterrupted or error-free operability or the accuracy, quality or currency thereof; and (b) is in  no way responsible or liable for issues relating to timesheet fraud, which is known to persist within the industry and is a matter to be addressed between the Healthcare Organisation, Agency and Worker, not Locum's Nest.

19. Whilst Locum's Nest does not itself encourage Workers to move over to a Healthcare Organisation's staff bank whilst they are with the Agency, any issues arising out of or in relation to a Worker moving over to a Healthcare Organisation's staff bank whilst they are with the Agency are not the responsibility of Locum's Nest and are to be dealt with between Agency, the Worker and the relevant Healthcare Organisation, as applicable.

20. As is the case across the NHS, workers can be registered as a member of the staff bank of more than one Healthcare Organisation and may also be registered as a temporary worker with one or more agency, including the Agency. However, workers will also only be able to fill a Shift in one capacity e.g., in their capacity as a staff bank member or as a temporary worker at an agency at any one Healthcare Organisation.

21. The Locum's Nest Platform and Locum's Nest App 'tags' Workers with the Healthcare Organisations and agencies they are registered with to allow Healthcare Organisation to respect any separate contractual agreements with workers. Locum's Nest provides this functionality for example to assist with honouring 'exclusive periods' agreed between Healthcare Organisations, agencies and Workers, but Locum's Nest is not liable for issues arising out of or in connection with tags, including 'exclusive period' breaches. 

22. Workers will be able to see the relevant Healthcare Organisation and Agency pay rates in the Locum's Nest Apps, which may differ.  The Worker's actual pay is as agreed between Agency and Worker and any issues relating to this are between those parties, not Locum's Nest.  

23. The remuneration for a Shift is agreed between the relevant Healthcare Organisation and Agency and Locum's Nest is not involved in this decision or any issues arising from it. 

24. Each Healthcare Organisation and, if applicable, Agency, must review and process all timesheets and pay the Workers accordingly. Locum's Nest is not in any way involved in this process and is not responsible for any issues relating out of or in connection with it.

25. Locum's Nest will not be liable to Agency for any loss arising out of or in connection with any failure by Agency to input accurate content or use the Services correctly.