Agency locum

[Deano]

Yes it is pretty standard, all the agencies do it as far as I am aware. However I knew of the pharmacies I worked at well before I first worked there, I know other pharmacists who recommended them. I worked there through the agency because they offered them and at the time I was happy and intending to stay with the agency and therefore working solely through the agency I thought I might as well work through them. If I had needed the work, I could quite easily have gone and worked for the pharmacies myself before the agency offered me them. I stayed loyal to them (I even informed them when places tried to book me direct) and unfortunately they decided to start limiting my work because I wouldn't work at a certain chain.

The fact that they limited the work I was being offered, to me says that they couldn't enforce this rule otherwise it would mean that they can force me to work for the chain I don't want to and theres nothing I can do about it. If it was a case that I had simply got known through the agency and then decided to book direct, they may have had a case but the fact that they forced me to leave, I can't see what they can do (there were months when they were giving me less that 5 days a month). I can't work just at companies that I hadn't worked through the agency for because I have worked at virtually all of them, I tried to work at the few that I hadn't worked at through the agency whilst staying with them but when your limited to 1 or 2 companies where they have a few regular locums, it just doesn't give you enough work.

[dippsy]

Hi there again! Difficult one. Have another look at the contract . Sometimes what it says is that your liability is limited to the fees that they would normally have been paid if they had booked you. Normally, if memory serves me correctly, an agency gets about £30 per booking. This is not an inconsiderable sum but one you can possibly live with considering your circumstances. Not an ideal solution ... but a possible one. Could you perhaps come to an arrangement with the agency to pay them a smaller sum of money per booking at the pharmacies in question - obviously after all other avenues have been exhausted?

I would also avoid p*****g this agency off for the meantime. It looks to me that you may be able to resolve this with the support of the PDA and careful mediation/negotiation. From experience, when you get somebody's back up like, the chances are that it takes 10 times more energy to get them to back down.

Also do you know if it is a small or large agency? If it is a larger one, then they be more inclined to use the law. Smaller ones have more to lose - including their reputation if taken to court in this sort of way.

[Defblade]

I know there is other work available because I know certain stores have specifically asked for me and they have been told I am not available.

I would suggest heavily that, if this is true, there is already a breach of contract between you and the agency... on their side. Trust and honesty are implicit parts of any contract (whether written in or not) and if they are denying you income by lying about your availability to places you would go, then they clearly damage that trust.

Write everything down asap; discuss with PDA.

[BrianA]

This condition on normally applies to becoming an employed pharmacist within 12 months of leaving an agency, particularly where you become employed by someone who you have done a locum for through the agency. To stipulate that you cannot locum for someone who you have done locums for through the agency would be considered an unfair contract and as has previously been stated if pursued at great cost through the courts by the agency would be thrown out. If you want to locum either through another agency or direct yourself, just do it, it is your right. They cannot enforce it.

[andrew paxton]

Just out of interest, what was the 'certain chain' that you wouldn't work for?

[andrew paxton]

Also, have you tried a different agency?

[Web Ferret]

Go to another agency - There are 30+ agencies out there.
Or simply work direct...

[kl06229]

Hi, I'm a pharmacist working for Boots and in our contract it says that after leaving employment with them you're bound by the contract not to work within 2 miles of any of their stores you worked in during your time with them, for 6 months. It's a shit deal, not sure if this helps but might be some food for thought.

[Web Ferret]

Hi, I'm a pharmacist working for Boots and in our contract it says that after leaving employment with them you're bound by the contract not to work within 2 miles of any of their stores you worked in during your time with them, for 6 months. It's a sh1t deal, not sure if this helps but might be some food for thought.

I've edited your post before quoting.

Its a standard contract but in law not really enforceable. Boots would have to prove in court any financial loss was directly attributable to you working within 2 miles or whatever. My contract states 9 months nationally! Prove it!

I've looking into this and unless your are a director or privily to commercially sensitive details a blanket clause is meaningless and would get thrown out of any court.

Don't worry about it.