The term "locum" is commonly used to describe temporary workers, particularly in healthcare and other professional sectors. However, the way a locum is engaged can have significant legal implications. Employers must understand when a locum is genuinely self-employed and when they may, in fact, have legal rights as a worker or employee.
Locum Status: Understanding Employment Law Implications
In UK employment law, an individual's rights are determined not just by their job title but by the nature of their working relationship. A locum can fall into one of three categories:
1. Self-Employed Locum – Works independently and is responsible for their own tax and insurance. They do not have employment rights such as holiday pay or unfair dismissal protection.
2. Worker – Has some legal protections, including holiday pay and minimum wage entitlement, but not full employee rights.
3. Employee – Has full employment rights, including sick pay, protection against unfair dismissal, and redundancy pay.
What If a Locum Is Hired Directly Without a Contract?
If a locum is hired directly by an employer without a written contract and continues to work in the same role for an extended period (e.g., over 12 weeks), they may legally qualify as a worker or even an employee, regardless of the employer’s intention.
Key Indicators of Worker or Employee Status
A locum is likely to be classified as a worker (rather than self-employed) if:
• They must personally carry out the work (i.e., they cannot send a substitute).
• They are paid directly by the employer rather than invoicing as a business.
• The employer controls their working hours and conditions.
• They are not running their own independent business.
A locum may be classified as an employee if, in addition to the above:
• They have a mutual obligation to accept and be given work.
• They are fully integrated into the business (e.g., using internal systems, wearing uniform).
• They are expected to work regular hours over a long period.
Does the 12-Week Rule Apply?
The 12-week rule under the Agency Workers Regulations (AWR) 2010 applies to agency workers, granting them equal pay and conditions after 12 weeks in the same role. However, this does not apply to locums hired directly by an employer.
Instead, after working continuously for 12 weeks or more, a directly hired locum could strengthen their legal case for being a worker or even an employee, gaining additional rights such as holiday pay, statutory sick pay, and protections against unfair treatment.
Employer Responsibilities
To ensure compliance with UK employment law, employers should:
• Clearly define the working arrangement before hiring a locum.
• Issue a written contract specifying whether the locum is self-employed, a worker, or an employee.
• Assess the nature of the working relationship regularly to avoid misclassification and potential legal disputes.
• Provide worker or employee rights if the locum’s role evolves beyond genuine self-employment.
Just because someone is called a locum does not automatically mean they are self-employed. Employers must assess the working relationship carefully to avoid unintended legal consequences. If a locum is engaged on a long-term, structured basis without independence, they may be entitled to statutory worker or employee rights, even in the absence of a formal contract.
If in doubt, seek legal advice to ensure compliance and avoid employment disputes.