Terms & Conditions

 

Nurselink Limited (“Nurselink” “We” “Us”) provides an online technology platform (the “Platform”) through which individuals including Registered Nurse, Care Assistants, Support Worker, and other positions required in Nursing and Residential homes (“Nursing & Care Worker” “You”) can connect with Nursing and Residential homes (“Care homes”) and where Care homes can post open positions (“Shifts”) for which Nursing & Care Workers are required.

Care homes can use the Platform to search for Nursing & Care Worker and Nursing & Care Worker can post individual profiles and search for Care home shifts on the platform. Care homes may offer a shift to Nursing & Care Workers via the Platform. Nursing & Care Workers are free to accept or reject the shift via the Platform. Nurselink accepts no liability for any inability to access or use the Platform caused by system downtime or by technical issues beyond Nurselink’s control.

When a Nursing & Care Worker indicates via the Platform their acceptance of a Shift, the Nursing & Care Worker will be supplied to the School through one of Nurselink’s preferred umbrella companies (“the Umbrella”).

Where the supply of a Nursing & Care Worker to a Care home is through an Umbrella, Nurselink will enter into a contract for services with the Umbrella and the Umbrella will employ the Nursing & Care Worker and be responsible for all employer’s obligations including paying the Nursing & Care Worker’s wages in respect of any shift obtained via the Platform. In such a case, as when Nurselink supplies Nursing & Care Workers directly, Nurselink acts as an employment business and a shift charge (the “Shift Charge”) is payable to Murselink by the Care home.

A Care home may identify a Nursing & Care Worker introduced via the Platform, as a suitable candidate for a permanent position. Where the Care home engages a Nursing & Care Worker

 on a permanent basis, Nurselink acts as an employment agency and an introduction fee (the “Introduction Fee”) is payable to Nurselink by the Care home.

An Introduction Fee is also payable to Nurselink by a Care home in so-called “temp to perm” situations when a Nursing & Care Worker who has worked at such School on a shift is subsequently recruited by the Care home on a permanent basis within 14 weeks of the start of the Nursing & Care Worker`s first shift with the Care home or within 8 weeks of the end of any of their shifts with the Care home, whichever date is the later.

These Terms of Service are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales

Care homes

Before publicising profiles of Nursing & Care Workers on the Platform and before supplying a Nursing & Care Worker for a Shift, Nurselink will carry out the checks required for those working in Care homes as set out in the regulatory requirements stipulated by the CQC. Nurselink shall communicate relevant information to the relevant Care home before the commencement of each relevant shift.

When posting an Assignment on the Platform, the Care home will provide details of:

    1. the date on which the Care home requires the Nursing & Care Worker to commence work and the duration, or likely duration, of the shift.
    2. the position which the Care home seeks to fill, including the type of work the Nursing & Care Worker in that position would be required to do, the location at which, and the hours during which, the Nursing & Care Worker would be required to work, and any risk to health or safety known to the Care home and what steps the Care home has taken to prevent or control such risks. 
  1. the experience, training, qualifications and any authorisation which the Care home considers are necessary, or which are required by law, or by any professional body, for the Nursing & Care Worker to possess in order to work in the position; and any expenses payable by or to the Nursing & Care Worker and any information reasonably required by Nurselink in order for Nurselink to fulfil its obligations under the Agency Workers Regulations 2010 (“AWR”).
  2. The Shift Charge shall be paid by the Care home in respect of each Shift and shall be sufficient to cover the Nursing & Care Worker`s pay and holiday pay, and include Nurselink’s hourly margin, the Umbrella’s processing margin and employer’s National Insurance contributions
  3. The Introduction Fee shall be £2500 plus VAT for a Registered Nurse or £2000 plus VAT for a Care Assistant.
  4. If the Care home first engages the Registered Nurse or Care Assistant for at least 13 weeks on a Temporary Assignment basis before subsequently recruiting them on a Permanent Basis, then the Introduction Fee would be the lower “Temp-to-perm” Introduction Fee of £950 plus VAT for a Registered Nurse or £650 plus VAT for a Care Assistant.
  5. Should the candidate leave their role within the first 10 weeks and was not previously engaged at the Care home on a temporary basis through Nurselink, then the client is entitled to a rebate which is (percentage of introduction fee) depending on the period of employment. The rebate structure is outlined below: Period of employment Rebate (% of Introduction Fee)

Up to 2 weeks 80%

Up to 4 weeks 60%

Up to 6 weeks 40%

Up to 8 weeks 20%

A Care home may avoid liability for a “temp to perm” Introduction Fee by giving 14 days’ written notice to Nurselink that it intends to continue the Assignment of the Nursing & Care Worker (through Nurselink) (and subsequently does continue the Assignment) and pays the shift charge Fee for a further period of three months before it engages the Nursing & Care worker other than through Nurselink.

If a Care home purports to pay an Introduction Fee (or opts instead to extend an Assignment by three months) on the basis that a Nursing & Care worker Professional is to be recruited on a permanent basis but in fact the Nursing & Care Worker is employed or engaged by the Care home for less than 13 weeks then the fee payable to Zen will be the Introduction Fee or the Assignment Fee that would have been payable had the Education Professional been supplied by Zen for the entirety of their service with the School (less any Assignment Fee already received by Zen), whichever sum is the greater.

  1. All Assignment Fees and Introduction Fees will have VAT added.
  2. If the school does not settle payment by the Due Date, Zen Educate will exercise its right under the Late Payment of Commercial Debts (Interest) Act 1988 to claim interest and compensation for any debt recovery costs that Zen Educate may incur as a result of the School’s failure to pay within the agreed terms.
  3. The School or Zen may terminate an Assignment without prior notice but Zen strongly discourages the early termination of Assignments unless exceptional circumstances occur. Education Professionals depend on predictable schedules and reliable income. Early termination of Assignments without sufficient warning or reason causes undue inconvenience and provides Education Professionals with no income protection. Accordingly, Zen’s policy is to invoice one day’s Assignment Fee in respect of any confirmed Assignment cancelled less than 24 hours before the agreed commencement date to enable payment to the Education Professional.
  4. The Hirer undertakes to supervise the Education Professional sufficiently to ensure the Hirer’s satisfaction with the Education Professional’s standards of work. If the Hirer reasonably considers that the services of the Education Professional are unsatisfactory, the Hirer may terminate the Assignment either by instructing the Education Professional to leave the Assignment immediately or by directing the Employment Business to remove the Education Professional. Zen Educate may, in its absolute discretion, in such circumstances, reduce or cancel the Charges for the time worked by that Education Professional, provided that the Hirer has notified Zen Educate immediately that they have asked the Education Professional to leave the Assignment or the Assignment terminates:
    1. within 4 hours of the Education Professional commencing the Assignment where the Assignment is for more than 7 hours; or
    2. within 2 hours for Assignments of 7 hours or less;
  5. During an Assignment, the School will confirm to Zen that the Education Professional has indeed worked on the Assignment but, in any case, it shall be assumed that the Education Professional has worked (and the School will be invoiced accordingly) unless the School notifies Zen that no work has been carried out by the Education Professional on the day in question. The School cannot refuse to pay for days when Education Professionals have worked on Assignment.
  6. Zen shall invoice Schools weekly in respect of all time worked on Assignment by all Education Professionals at that School during the preceding week and the School shall settle all invoices within 10 working days of issue.
  7. Zen shall keep, and maintain for 6 years following each Assignment, details of all Assignments and the Education Professionals working on them.
  8. Whilst reasonable efforts are made by Zen to give satisfaction to the School by ensuring reasonable standards of skill, integrity and reliability from the Education Professionals and to provide the same in accordance with the details as provided by the School, no liability is accepted by Zen for any loss, expense, damage or delay arising from any failure to provide any Education Professional for all or part of the Assignment or from the negligence, dishonesty, misconduct or lack of skill of the Education Professional or if the Education Professional terminates the Assignment for any reason. For the avoidance of doubt, Zen does not exclude liability for death or personal injury arising from its negligence or for any other loss which it is not permitted to exclude by law.
  9. Education Professionals supplied by Zen pursuant to these Terms of service are employed by the Umbrella. They are not Zen’s employees but are deemed to be under the supervision direction and control of the School from the time they report to take up duties and for the duration of the Assignment. The School agrees to be responsible for all acts, errors or omissions of the Education Professional, whether wilful, negligent or otherwise as though the Education Professionals were on the payroll of the School.
  10. The School will comply in all respects with all statutory provisions as are in force from time to time including, for the avoidance of doubt, but not limited to the Working Time Regulations, Health and Safety at Work etc. Act 1974, the Management of Health and Safety at Work Regulations 1999, by-laws, codes of practice and legal requirements to which the School is ordinarily subject in respect of the Care home’s own staff including, in particular, the provision of adequate Employer’s and Public Liability Insurance cover.
  11. Zen and the School agree that they will keep confidential all confidential information and take reasonable steps to ensure that their officers, employees and agents do not disclose confidential information save in the proper performance of their obligations under these Terms of Service.
  12. Without prejudice to the generality of clause 19 above:
    1. All information relating to an Education Professional posted on the Platform or otherwise provided by Zen to the School is confidential and is provided solely for the purpose of providing work-finding services to the School and is subject to any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 or the General Data Protection Regulation 2018 or any successor legislation. Such information must not be used for any other purpose nor divulged to any third party and the School undertakes to abide by the provisions of the current data protection legislation at all times in receiving and processing personal data.
    2. Zen undertakes to keep confidential all relevant terms and conditions of employment that the School discloses to Zen and not to use such information except for the purposes of compliance with AWR.
  13. All personal data is collected and processed as set out in our privacy policy.

The Care home shall indemnify and keep indemnified Nurselink against any losses incurred by Nurselink arising out of any shift or arising out of any non-compliance with, and/or as a result of any breach of, these Terms by the Care home.

The Care home shall inform Nurselink in writing of any AWR Claim which comes to the notice of the Care home as soon as possible but no later than 7 calendar days from the day on which any such AWR Claim comes to the notice of the Care home.

If the Nursing and Care Worker brings or threatens to bring, any AWR claim, the Care home undertakes to take such action and give such information and assistance as Nurselink may request, and within any timeframe requested by Nurselink and at the Care home’s own cost, to avoid, dispute, resist, mitigate, compromise or defend any such AWR claim and to appeal against any judgment given in respect thereof.

Nurselink takes all complaints seriously and is committed to continuous improvement. If a Care home has a complaint they should send this by email to compliants@nurse24.uk. Nurselink will normally respond within one business day. Nurselink will investigate any matter referred and take appropriate action where necessary. If the complaint is regarding the performance, behaviour or competence of a Nursing & Care Worker Nurselink will investigate the matter and take proportionate action ranging from verbal and written feedback to suspension or termination of the Nursing & Care Worker`s profile on the Platform and termination of an Assignment. Nurselink also reserves the right to restrict a Care home’s access to the Platform, for example in cases of non-payment.

These Terms of Service, together with the shift details agreed via the Platform constitute the entire agreement between Nurselink and the Care home as regards the Shift in question.

Nursing & Care Workers

In accepting these Terms of service you agree to provide your services on a Shift to a Care home, supplied as an employee of the Umbrella. When you are supplied to a Care home through the Umbrella, the Umbrella will be your legal employer and responsible for paying you.

For the avoidance of doubt, these Terms of service do not constitute a contract of employment between Nurselink and you or between you and the Care home.

You acknowledge that a separate contract of employment between you and the Umbrella exists or will exist before the commencement of your first Assignment. Nurselink will enter into a contract for services with the umbrella company in order to find your work assignments.

You acknowledge that the nature of temporary work means that there may be periods when no suitable work is available and you may not be permanently occupied.

Before acceptance of any Shift, Nurselink will — via the Platform, by email or by text message — provide you with the following information:

    1. the identity of the Care home;
    2. the date the Shift is to commence and the duration or likely duration of the Shift;
    3. the position which the Care home seeks to fill, including the type of work you would be required to do in that position, the location at which, and the hours during which, you would be required to work;
    4. the rate of pay and any expenses payable by or to you (subject to any deductions required by law or which you may agree with the Umbrella); all operations are UK-based including umbrella PAYE, Nurselink will only work with umbrella companies who pay no less than the national minimum wage inclusive of holiday pay.
    5. details of the experience, training, qualifications and any authorisation which the Care home considers are necessary or which are required by law or a professional body for you to possess in order to work on the shift.
  1. By accepting a Shift, you accept 32. a, b, c and d above and you confirm that you meet the criteria in 32.e above.
  2. If you are unable for any reason to attend work during the course of a Shift, you should first inform Nurselink at least one hour before your normal start time to enable alternative arrangements to be made. If this is not possible, you should inform the Care home and Nurselink as soon as possible.
  3. If, either before or during the course of a shift, you become aware of any reason why you may not be suitable for a role, you shall notify Nurselink without delay.
  4. You will be paid for your work on a shift basis on the agreed rate of pay specified in the relevant shift posted on the Platform. You will be paid as agreed irrespective of payment being received by Nurselink from the Care home. The rate of pay is an all-inclusive rate, including holiday pay for example. Payment will be made weekly, for the work you completed in the previous week (one week in arrears).
  5. You acknowledge that the continuation of an Assignment is subject to and dependent on the continuation of the agreement entered into between Nurselink and the Care home. If that agreement is terminated for any reason, the Assignment shall cease with immediate effect without liability to you, except for payment for work done up to the date of termination of the Assignment.
  6. Unless exceptional circumstances apply, your failure to inform the Care home or Nurselink of any inability to attend work as required under clause 34 above will be treated as a termination of the Assignment by you.
  7. Nurselink will be entitled to terminate the Assignment if the work to which you were assigned is no longer available.
  8. You consent to Nurselink and the Care home and any other intermediary involved in supplying your services to the Care home, (such as the Umbrella) holding and processing data relating to you for legal, personnel, administrative and management purposes and, in particular, to the processing of any “sensitive personal data” as defined in any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 or the General Data Protection Regulation 2018 or any successor legislation, relating to them including, as appropriate:
    1. information about your physical or mental health or condition to monitor sick leave and take decisions as to your fitness for work;
    2. your racial or ethnic origin or religious or similar beliefs to monitor compliance with equal opportunities legislation;
    3. information relating to any criminal proceedings in which you have been involved for insurance purposes and to comply with legal requirements and obligations to third parties.
  9. All personal data is collected and processed as set out in our privacy policy.
  10. You consent to Nurselink and the Umbrella making such information available to the Care home, to those who provide products or services to Nurselink (such as advisers), to regulatory authorities, governmental or quasi-governmental organisations and potential purchasers of Nurselink or any part of its business.
  11. You consent to the transfer of such information outside the European Economic Area (EEA) for purposes connected with the subject matter of these Terms of Service.
  12. Some of the personal information we collect about you will be held and processed in the US in order to perform our contract with you. There is an adequacy decision by the European Commission known as Privacy Shield in respect of the US. This means that the country is deemed to provide an adequate level of protection for your personal information.
  13. Should we need to transfer data outside of the EEA and the US, to ensure your personal information receives an adequate level of protection we will put in place appropriate security measures that ensure that your personal information is treated by any third parties in a way that is consistent with and which respects the EU and UK laws on data protection.
  14. You confirm that:
    1. the information supplied by you to Nurselink via the Platform is correct;
    2. you have the experience, training, qualifications and any authorisation which the Care home considers are necessary or which are required by law or by any professional body for the Nursing & Care Worker to possess in order to perform the Assignment;
    3. you are not prevented by any other agreement, arrangement, restriction (including, without limitation, a restriction in favour of any employment agency, employment business school or college) or any other reason, from fulfilling your obligations under this agreement; and
    4. you have valid and subsisting leave to enter, remain and work in the United Kingdom for the duration of any Assignment you may accept under these Terms of service and you are not (in relation to such leave) subject to any conditions which may preclude or have an adverse effect on the Assignment.
  15. You agree to reimburse Nurselink and the Care home in connection with any loss or expenses (including legal and other professional fees and expenses) which Nurselink or the Care home may suffer, sustain, incur, pay or be put to arising from or in connection with:
    1. any failure by you to comply with your obligations under this agreement;
    2. any negligent or fraudulent act or omission by you;
    3. the disclosure by you of any Confidential Information;
    4. any employment-related claim brought by you in connection with the Assignment; or
    5. the infringement by you of the Care home’s intellectual property rights.
  16. Use of the Platform is at the discretion of Nurselink. Nurselink reserves the right to suspend or remove your profile from the Platform, and/or restrict your access to the Platform. Examples of reasons to restrict access to the Platform may include but are not limited to, alleged provision of fraudulent qualifications or references, safeguarding concerns, or alleged unprofessional or incompetent behaviour.
  17. Nurselink may communicate changes to these Terms of Service by posting revised Terms of service on the Platform. Changes that may have an adverse impact on you will be communicated to you before posting on the Platform. Your continued use of the Platform denotes continued acceptance of its Terms of service.