Some PDA locum members have reported being owed thousands of pounds in locum fees for services provided, while still being booked to work further shifts for the same company. Some amounts owed to individual pharmacists reportedly exceed £20,000. Naturally, those pharmacists may want to cancel their future shifts over concerns that the unpaid debt owed by the pharmacy business may increase.
However, when the booking terms are examined, it seems some locums have agreed to work shifts with terms stating an 8 week notice period is required to cancel. This leaves the locum in the unenviable position of having to still provide their services to a company that already owes them large amounts in unpaid fees, who are simultaneously threatening them with legal action and ‘charges’ if they refuse to honour the bookings. Having committed to give 8 weeks’ notice of cancellation, that can mean almost two months of additional shifts with uncertainty of whether payment will ever be received.
As potential counterclaims of breach of contract, it may be that the outcome of a legal process will need to determine which party seriously breached the contract first. Therefore, locums are advised to check booking terms carefully in respect of the payment timeframes of each company and provide the period of notice they have signed up to if they want to cancel a shift.
The PDA advises that booking terms should always be clearly set out to give not just the dates of work, shift times, and rate of pay but also the amount of notice required. Locums should think very carefully before agreeing to booking terms that are incomplete, or which are not in their interests.
In cases such as the recent examples reported to the PDA, there can be lengthy payment timeframes communicated early on by the pharmacy, and specific conditions for how locum claims forms should be submitted (or payment will be delayed further). However, should the locum have completed and submitted the claims correctly, and they are still not paid within the timeframe stipulated by the company; locums are advised to contact the pharmacy in writing. This is to let them know they consider the payment terms have been breached and to ask for an immediate response regarding the company’s intention to honour the contract.
Note: ‘Wage theft’ is the generic term for the denial of wages or employee benefits rightfully due to a worker, such as underpaying the contractual pay rate, not paying for all hours worked, or not paying an individual their full holiday entitlement. It can also include situations where a pharmacy contractor withholds payment for services provided by a locum.
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