Locums are reporting a rise in cases where pharmacy businesses are breaching their NHS terms of service
The Pharmacists' Defence Association (PDA) is advising locum pharmacists to take screenshots of online agreements due to an increasing number of reports where community pharmacy businesses are unilaterally amending agreed-upon terms after a contract has been confirmed.
The PDA highlighted one recent case where a locum was informed at short notice by the community pharmacy business that they would no longer pay the agreed hourly rate.
The business then re-advertised the shift, falsely claiming that the booked locum was unwell.
Unable to secure a locum at the new rate before the shift, the pharmacy closed, leaving patients and the local community without access to services.
In such circumstances, the PDA advises affected locums to notify the relevant health boards or Integrated Care Boards (ICBs) of such breaches of NHS terms of service.
However, the NHS has so far failed to prevent these entirely avoidable closures, and no substantial penalties have been imposed on the businesses involved.
In another instance, a locum was accused of arriving late for a shift despite arriving at the agreed time. The pharmacy had updated the online booking system after the fact, showing only the amended schedule.
The pharmacist was publicly berated for being unprofessional and letting patients down. Fortunately, the locum had taken a screenshot of the original booking, providing evidence against the false claim.
Similarly, another pharmacist discovered that their shift had been changed post hoc to include a 30-minute unpaid break, which was not part of the original agreement. This alteration led to the deduction of half an hour from their fees, despite the locum working continuously without a break.
PDA members have reported an increase in such incidents of unethical behaviour. Therefore, the association is encouraging all locums to document their agreements by taking screenshots in case they need evidence of any unilateral changes made by the business later on.
The association has expressed disappointment that such measures are necessary, but this requirement reflects the poor business practices sometimes observed in community pharmacy.
Adding to the unfair treatment, a major locum agency has imposed strict penalties for locum cancellations, even when notified 28 days in advance. Commonly known as “three strikes and you’re out", this cancellation policy could result in locums being blacklisted.
The PDA noted that the disparity in the treatment of locums and their clients is not only unfair and indicative of poor business management but also suggests that locums are being treated more like employees than truly self-employed professionals.
“That difference in worker status risks increased liability for taxation by the business and greater rights for the employee,” it stated.
The PDA has welcomed the new government's commitment to enhancing employment rights and their enforcement, noting that it will help members understand and exercise their rights at work.
