Agency locum

[Deano]

Hi,

I was an agency locum but I found they weren't giving me enough work so I've left them, however they are now telling me I can't work for anyone I've worked for through them for 12 months. I'm sure this can't be correct as it would effectively mean I had to have a year off which seeing as I can't afford such a luxury would mean I am tied to them for life.

Does anyone know if they can enforce such a ridiculous rule?

[johnep]

Only by court action, and likely to be thrown out. they are bluffing. ask to see copy of contract if they bother you.
johnep

[Deano]

The contract they pointed me to does state that you cannot work for any company they have introduced you to within 12 months of last working for them. I can't see how they can do that because it would tie he to them for life. The only reason I am leaving them is because they seem to have a policy of I either work for the one company they want me to work for or they will just offer the odd day to keep me tied up.

[johnep]

Did you sign the contract?
johnep

[Deano]

I didn't sign anything but I think it was in the terms that you have to tick. It said something along the lines of 'the locum will not take direct bookings with the booker within a 12 month period from when they last worked for the booker through the agency' which is pretty standard with all the agencies, however I take that to mean you won't book direct with someone you have booked with through the agency in the last 12 months while you are working for the agency which I wasn't planning to do.

I am now being told by them that this applies even if you leave the agency which would basically mean you are tied to them for life unless you take a year off, it would mean they can keep their rates as low as they want and we just have to accept it.

[Tony Schofield]

Point this out to the companies you wish to locum for.

I have to be honest it doesn't seem unfair of them to draw this to your attention if, by accepting previous bookings you could be deemed to have accepted their conditions.

As to whether or not it could be enforced is a different story. If they specified, for example, a specific Boots store they may be supported if it came to litigation. However if they tried to stop you working for ANY Boots store anywhere in the country they would fail.

However as I keep seeing being asked...........are you a member of the PDA? If not why not? If so, refer this to them.

[Deano]

Hi,

Yes I have already referred it to the PDA. The problem is, the only reason I am leaving is because I am refusing to work for a specific chain and they are not giving me work deliberately to force me to work for that chain. 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. If they can enforce such a rule it would mean basically they can dictate that I go back and work for that chain or go down the job centre and see what benefits I am entitled to!

[DavidS]

Hi,

because I am refusing to work for a specific chain and they are not giving me work deliberately to force me to work for that chain. 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. If they can enforce such a rule it would mean basically they can dictate that I go back and work for that chain or go down the job centre and see what benefits I am entitled to!

Keep a record of this, with dates, tell the agency you are on to them and would they welcome this publicity, and tell them to stuff it. Hopefully the PDA will do the same thing, perhaps more diplomatically.

If this agency is in the NW, I would really like a whisper as to who they are, actually. I'll avoid them like the plague. I do know some agencies aren't really agencies, just groups of friends who share out the best jobs and the agency fees, and palm off the rest on outsiders. But as Arthur Daley said, knocking old ladies on the head and stealing their handbag is robbery, everything else is business.

[pharmer7]

Here's one option, just contact the companies direct (I don't know how to do that though), and take locums. Then if the agency calls, just don't answer the phone, or have a relative phone them up saying you have a serious illness or have moved abroad or something... I know, quite underhand, but agencies are crafty liars themselves. I find myself stuck with a rubbish agency, but because of the region I cover, work is scarce no matter which agency I go with.

[dippsy]

I may be wrong but isn't this standard practice with most (if not all) the locum agencies? They obviously do not want you to do private work as this would mean losing out on their own business. In a sense, I can understand this as this would mean introducing you and then they would lose out on the agency fees.

Is the issue that you have worked for one or more large multiples and the agency is saying that you can't work for any of the branches in the country? If that is the case then you may have a case as this could be termed an unfair clause in the contract. However, better to get legal advice.

By ticking the box, I would have assumed that you accepted their terms which may mean that you are bound to it.

One suggestion (if it is possible) is to avoid working in any of the 'stores' that you have been referred for work to. If possible, use a different locum coordinator (or booker) in the company. May stand a better chance of scrutiny if taken higher. Ifyou deliberately go for the stores that you worked at before then they may have a better case against you.

Good luck!!