Locums are reporting an increase in issues where community pharmacy contractors are unilaterally amending the agreed terms of a locum shift by updating the online booking after agreeing the contract.
In one recent example, a locum was told on short notice by the community pharmacy business that they would no longer pay the agreed hourly rate. The business then advertised the shift again claiming a booked locum was unwell and as they were unable to secure a locum for the advertised rate before the shift patients and the local community were faced with a pharmacy that was closed.
In such circumstances the PDA encourages sending a notification to the relevant health board or ICB that the business is in breach of their NHS terms of service, however, the NHS has so far failed to prevent such entirely avoidable closures from occurring. The PDA is not aware of any adequate penalties being applied when these closures occur for commercial reasons, as was the situation in this case.
On another recent occasion a locum pharmacist arrived on shift to discover that the community pharmacy claimed they were late, although the locum had arrived at the agreed time. The online booking system though had been updated by the business after the fact, and only showed the amended schedule. The pharmacist was publicly berated for being unprofessional and letting patients down. However, the locum had sensibly taken a screenshot of their booking and could evidence what had actually been agreed.
In a third example, a pharmacist was booked for a shift without a break, and so did not take one. Afterwards the online system was changed to look like an unpaid break of 30 minutes was in the agreement, and half an hour was deducted from their fees.
Unfortunately, these are not isolated incidents and PDA members are reporting an increase in this sort of unethical behaviour. The PDA is therefore encouraging all locums to take a screenshot as evidence of every booking they make in case they need to prove that the business has unilaterally altered the arrangement later. The PDA is disappointed that this is necessary, but unfortunately this reflects the poor business behaviours being seen on occasions in community pharmacy.
While some community pharmacy businesses treat the locums they engage as described above, locums are simultaneously being told by one major locum agency that if the locum cancels a shift up to 28 days in advance this will constitute a penalty recorded against them and could result in them being removed from that system. More commonly known as ‘three strikes and you are out’.
The imbalance in the treatment of locums and their client, the community pharmacy business, is not only unfair and poor business management, but seen alongside factors such as the refusal to negotiate rates continues to suggest that locums are being treated more as employees rather than truly self-employed.
That difference in worker status risks increased liability for taxation by the business and greater rights for the employee. The PDA welcomes the new government’s intentions to improve employment rights and their enforcement. The PDA will help members understand and exercise rights at work.
Not yet a PDA member?
If you have not yet joined the PDA, we encourage you to join today and ask your colleagues to do the same.
Membership is FREE to pharmacy students, trainee pharmacists, and for the first three months of being newly qualified.
Read about our key member benefits here.