Digital Times Sheet Terms & Conditions
Clients please note: On signing this Timesheet, you are accepting the terms and conditions of Chester Healthcare Ltd T/A Jane Lewis. If you require a copy of the terms and conditions please contact the office. Once signed, this timesheet will bear a true and accurate record of hours worked satisfactorily. All travel must be shown before signing. Any meal breaks must be shown and deducted accordingly.
Employees please note: Timesheets must be received at your local branch by 10am on Friday morning for payment on the following Friday.
NHS Counter Fraud Declaration – to be signed and dated by Agency Worker (where applicable)
“I declare that the information I have given on this form is correct and complete and that I have not claimed elsewhere for shifts/ hours detailed on this timesheet. I understand that if I knowingly provide false information this may result in disciplinary action and I may be liable to prosecution and civil recovery proceedings. I consent to the disclosure of information from this form to and by the NHS body and the NHS CFSMS for the purpose of verification of this claim and the investigation, prevention, detection and prosecution of fraud.”
NHS Counter Fraud Declaration – to be signed by authorised signatory with name, position, date and cost stamp if required.
“I am an authorised signatory for my ward / department / NHS Body. I am signing to confirm that the job profile, title and band of agency worker and the hours / shift that I am authorising are accurate and I approve payment. I understand that if I knowingly provide false information this may result in disciplinary action and I may be liable to prosecution and civil recovery proceedings. I consent to the disclosure of information from this form to and by the NHS body and the NHS CFSMS for the purpose of verification of this claim and the investigation, prevention, detection and prosecution of fraud.”
MEDBANK HEALTHCARE SOLUTIONS LTD – Terms and Conditions of Business for the introduction of Care Workers
1. These Terms and Conditions of Business are between Medbank Healthcare Solutions Ltd acting as Agent (“Medbank”) and the Employer Client acting as Principal (“Client”).
2. The Terms and Conditions are deemed accepted by the Client by virtue of an interview with a representative of Medbank or subsequent engagement (which term includes employment or use, whether under contract of service or for services) of Care ‘Workers (“worker”) introduced by Medbank. The term Care Workers applies to, but not limited to: Registered Nurses, Support Workers and Care Assistants.
3. Medbank will introduce workers to the Client to be employed by the Client, whether on a temporary or permanent basis.
4. The Client accepts the responsibility for paying the worker introduced by Medbank and, for the sake of convenience hereby authorises Medbank, acting as agent of the Client, to make the payment on their behalf. The Clients account will be debited with the payment and will be treated as disbursement for VAT purposes. Therefore, the Client must not directly pay any temporary worker introduced by Medbank.
5. The Client agrees to: (i) pay Medbanks agency commission/administration charge including VAT where applicable and (ii) reimburse disbursements i.e. the worker’s salary and employers NIC to Medbank. These charges are confirmed by the printed price list or otherwise the standard fee in force at the time the service is requested. Any other special terms agreed will be confirmed separately in writing.
6. The Client (or a representative of their choice who they have appointed) is responsible for verifying the hours worked by the worker by signing a time sheet, on the basis of which payment to the worker is to be made. The responsibility lies with the client.
7. In the event that the assignment time is reduced, Medbank reserves the right to charge for the full assignment time.
8. Medbank will invoice the client weekly. The total before the administration charge and employers NIC and VAT where applicable is made up of (i) the agency commission (introductory fee) (ii) Reimbursement of the worker’s pay. The invoice is payable by the Client immediately upon receipt. Payment should be received no later than 14 days from the issue date of the invoice.
9. Any other expenses as may be agreed shall be itemised by Medbank upon their invoice. In addition to the fees and disbursements that are in force at the time of the introduction Medbank reserves the right to charge interest after 14 days, at the rate of 4% over and above HSBC Bank Base rate on a daily basis until payment is received. Any court fees, solicitor fees, debt collection fees, Directors time, uncleared cheque charges, or any other fees incurred by reason of uncollected and uncleared debt may be charged to the Client.
10. All charges are subject to regular review. The Client will be notified in writing detailing any variation in charge rates. Medbank will give a minimum period of 2 weeks-advance notice of any variation.
11. If the Client employs any worker introduced by Medbank on a permanent basis the Client is liable to pay Medbank an introductory fee of 20% (plus VAT where applicable) of annual taxable pay and taxable emoluments payable to the worker concerned and Clause 4 will not be applicable.
12. Should the Client subsequently introduce the worker to other employers with a resulting engagement will render the Client subject to an introduction fee, as per Clause 11, provided that the engagement takes place within a period of twelve months from the termination of any temporary employment.
13. Where the Client employs a worker introduced by Medbank on a permanent basis, Medbank will make no refund of the introduction fee to the Client in the event of the subsequent termination of such engagement after 6 weeks from the commencement date. Provided the invoice is settled within 14 days from the invoice date, Medbank will offer a rebate facility as itemised: 100% refund for up to 1 week’s service, 70% refund for between 1-3 weeks Service and 30% for 3-6 weeks service.
14. Every effort is made by Medbank to give a quality service to the Client by ensuring the worker introduced has reasonable standards of skill, care, integrity and reliability. Medbank excludes any liability (whether direct, contingent or consequential) for any costs, claims, damages, demands or expenses in connection with the services provided whether arising from the introduction of any worker, any failure to provide a person or the non-attendance of a worker or from negligence. dishonesty, misconduct or lack of skills of the worker or from any other cause whatsoever.
15. The professional references and other information obtained by Medbank regarding a worker being introduced to the Client must be treated in strict confidence and not transmitted by the Client to any third party. Where an introduction fee is paid for a worker employed on a permanent basis, it is up to the Client to satisfy themselves with the workers’ suitability & to take up any references, qualification, medical history or personal circumstances.
16. The Client, or any subsidiary, or parent company must not attempt lo directly pay any temporary worker introduced by Medbank for at least 12 months after Medbank has invoiced the Client for any work done by that same worker or else Clause 11 is applicable.
17. If the Client wishes to terminate an assignment before the end of the agreed assignment period when the worker was placed, then the Client must give forty-eight hour- notice of termination of the assignment, bereavement and hospitalisation excluded otherwise Medbank reserves the right to pay the worker (as agent on behalf of the client) for (i) the full-agreed assignment time and (ii) obtain re-imbursement of the worker’s salary and the fees detailed in Clause 8.
18. The client must assume all responsibilities and bear all obligations of an employer. The worker introduced by Medbank is under the control, supervision and direction of the Client for the period of employment.
19. The Client agrees to be responsible for all acts, errors or omissions of the worker, whether willful, negligent or otherwise, as an employee of the Client. The Client will also comply in all respects with all statutes, Including, for the avoidance of doubt the Working Time Regulations, by-laws, codes of practice and legal requirements to which the client is ordinarily subject in respect of the Client’s own staff (excluding responsibility for payment to the worker), including in particular the provision of adequate Employer’s and Public Liability Insurance cover.
20. The client shall advise Medbank and the worker of any special health and safety matters which may concern the worker. The Client is liable for any injury the temporary worker suffers whilst at the Client premises.
21. The client shall indemnify and keep indemnified Medbank against any costs, claims or liabilities incurred by Medbank arising out of any work carried out by an introduced worker or arising as a result of any noncompliance as a result of any breach of these terms by the Client.
22. Where workers are introduced to hospitals, private, nursing and residential homes and in industry, the Client undertakes to supervise the worker so as to ensure the Client’s own satisfaction with the standard of work and compliance with health and safety issues by the worker. If the Client is not satisfied with the standard of work performed by the worker, then upon such notification (which must be confirmed in writing), Medbank will endeavor to introduce a replacement worker for the client.
23. The Client shall, under the Agency Worker Regulations (AWR) be responsible to provide the temporary worker with access to the same facilities which are available to permanent staff as well as the same access to information on the Clients job vacancies.
24. The Client is responsible for providing Medbank with information of the basic terms of employment including the hourly rate of those in permanent employment who are in the equivalent job role to the worker. The Client can do this by requesting from Medbank ‘The Medbank AWR Form’ to complete and return. This should be done at the beginning of the first assignment, or within 8 weeks of. The form should again be completed and submitted by the Client either when the Clients own employment terms change or on an annual basis, whichever comes first.
25. In order for Medbank to monitor if and when the worker will qualify for the 12-week entitlement, the Client must notify Medbank in writing if the worker has previously worked or is currently working for the Client whether directly or through other recruitment business.
26. Medbank reserves the right to cease to act as agent at introducing worker’s in extraneous circumstances, which in our opinion makes its provision untenable. The circumstances would include failure of the Client to provide safe or appropriate equipment for the task to be undertaken. Other causes may include harassment of the worker on any equal opportunities’ basis.
27. These Terms of Business are governed by UK and English Law and are subject to the exclusive jurisdiction of the UK and English courts. They constitute all the Terms and Conditions between Medbank and the Client. No variation of these Terms and Conditions shall be binding unless agreed upon by a Director of Medbank and the Client in writing.