New arrivals to the UK

The UK locum veterinary sector is extremely bouyant with a real shortage of qualified veterinary professionals.

A high proportion of the locum market is serviced by non-UK veterinary professionals who provide an invaluable service to the sector. Each year around 700 veterinary surgeons from within the EU, Australia, New Zealand, South Africa, Canada and the US register with the RCVS, many on a Working Holiday Visa, and find both locum and permanent work within practices throughout the UK.

Working as a locum in the UK is a great way to experience working in many different practices whilst getting a chance to visit this historic and diverse country.

At recruit4vets we have helped 100's of overseas Vets and Nurses secure work in the UK and we work hard to ensure your time in the UK is as rewarding and enjoyable as possible. We can provide advice and assistance on RCVS registration, opening a UK bank account, UK tax, relocating, life in practice and much more.

If you are interested in locum work through recruit4vets and would like further information you can either call us on 0044 1423 739 010, email info@recruit4vets.co.uk

RCVS Registration

The first step for any overseas vet will be registration with the Royal College of Veterinary Surgeons. Applicants must allow adequate time to register with the RCVS before they intend to start work, straightforward applications generally take between six and eight weeks. Eligibility for registration is based either on having a recognised qualification or passing the RCVS Statutory Exam.

Qualifications currently recognised are:

• Degrees awarded by the six veterinary schools of the UK  
• Graduates from the European Union and Accession Countries
• Graduates from Australia (Sydney, Melbourne, Queensland or Murdoch)
• Graduates from New Zealand (Massey University)
• Graduates from South Africa (Pretoria University)
• Graduates from USA and Canada whose qualifications have been accredited by the American Veterinary Medical Association

Registering with HM Revenue & Customs

If you are a worker who has recently arrived in the UK you will need to complete a HMRC P86 form. This helps the HMRC to decide your residence treatment for income tax.

Obtaining a National Insurance number

In order to work in the UK you will need to obtain a National Insurance number. To obtain a National Insurance number you will need to book an appointment with the 'Job Centre Plus' office, for more information click here

Opening a bank account

At recruit4vets we can assist you in opening your first UK bank account. For further details please contact recruit4vets

Work Visa's

Youth Mobility Scheme - The Youth Mobility Scheme this year replaced the Working Holiday Visa and will allow young people to come and experience life in the UK for up to two years. If your country joins the scheme and you meet the criteria to participate in the scheme, you will be free to do whatever you like during your stay in the UK. You will need to be aged between 18 and 30 and have sufficient funds to support yourself from when you first enter the UK until you start earning.

For further information visit the UK Border Agency website

Highly Skilled Workers Visa - The Tier 1 Highly Skilled Workers Visa has replaced the Highly Skilled Migrants Programme and is designed to allow highly skilled people to come to the UK to look for work. To be eligible for this visa you must pass a points-based assessment. Points are awarded based on your qualifications, previous earnings, UK experience, age, English language and available funds. You must score 75 points based on your age, qualifications, previous earnings and UK experience, 10 points for your English language skills and 10 points for available funds.

Compliance

As corporate members of REC (The Recruitment & Employment Confederation and in line with current employment legislation we are required to check the identity, qualifications, references and right to work in the UK of all job seekers. This is a legal requirement for all Recruitment Agencies.

In order for us to comply with this legislation please either email, fax or post copies of your passport or drivers licence, a copy of your RVCS certificate, a copy of your work visa (if applicable) and two written references to:

• Email: info@recruit4vets.co.uk
• Fax:: 0870 112 3795
• Post: Recruit4health Ltd, 7th Floor Windsor House, Cornwall Road, Harrogate, HG1 8QP

Engaging Self Employed Locums

Despite increased action by HMRC veterinary practices are still employing self employed vets and nurses without contracts and with little or no regard of the workers actual employment status. Many practices don't realise that, in the case of self employed locums, it is the responsibility of the practice to determine the employment status of the worker and the consequences for getting it wrong can prove costly.

The HMRC can investigate up to 6 years of accounts and render the client liable for any unpaid employers NI over that period and furthermore, if the locum has failed to pay the taxes due, the client could be forced by the revenue to pay any unpaid tax and NI on the locums behalf.

Employed or Self Employed?

The self employed status of workers is not a matter of choice, whether someone is employed or self employed depends upon the terms and conditions of the relevant engagement.

In order to answer the question of employment status it is necessary to determine whether the worker works under a contract of service (employee) or under a contract for service (self-employed). For tax and NICs purposes, there is no statutory definition of a contract of service or of a contract for service. The meaning is totally dependent on what judges say when cases come before them in court.

One important factor when considering the self employed status is the element of a valid contract between the parties. Once it is established that a contract exists, it is then necessary to establish the terms and conditions of work agreed between the worker and the engager and to then apply case law laid down by the courts over the years. The basic approach of the courts is to identify the factors present and weigh thise that point to self employed against those that point to employed.

Relevant factors used to determine self employment status

Recent court cases indicate there is no single satisfactory test governing the question whether a person is an employee or self employed. One must consider all factors that are present in, or absent from, a particular case.

The following factors include the most important ones.

Personal service

If the work is done by one named person only, then the situation is one of employment. If it can be done by any suitably-qualified person, then it could be self employed. This is usually referred to as a right of substitution. In the case of locum vets this can be achieved as follows:

• the practices usual locum agency can be used to provide a substitution, or
• the existing locum (if engaged directly by the practice) engages a replacement to carry out the work in his absence and pays him for the work directly while himself invoices the practice as normal

Issues of substitution were key factors in the case of Tilbury Consultancy Ltd V HMRC. HMRC sought to show that Tilbury was a disguised employee of his end client, Ford Motor Company. His contract was actually with Compuware, to which Ford had outsourced its application management centre. The judgement ruled that because of the right of substitution between Compuware and Ford and between Tilbury Consultancy and Compuware, Tilbury would not be regarded as an employee of Ford.

Mutuality of Obligation

Mutuality of obligation is now a common phrase when dealing with status disputes. The term is from the House of Lords case Carmichael V National Power. In this case the judge ruled that Carmichael was in fact not an employee of National Power because their case 'founders on the rock of absence of mutuality'. The decision was based on the fact that when Carmichael was working for National Power, there was no contractual relationship with the company. The company was offering work when it was necessary but there was no obligation to provide the work and there was no obligation for the work to be accepted by Carmichael.

Mutuality of obligation is also underpinned by the possibility of termination without notice on either side for any reason.

Right of control

The self employed worker works under his own control and not under the control of the client. This does not mean that he cannot be fitted into a rota or that they do not have to follow practice procedure, but it does refer to the manner and method by which the worker performs his duties.

Length of engagement

By itself, the length of engagement may have little importance in determining employment status, although it is more likely that an employee will have an open ended contract. When a person undertakes a number of short term engagement he may be regarded as self employed. On the other hand a person engaged on a short term contract may be regarded as a casual employee. This factor must be viewed in light of all the different aspects of a persons work.

Overview

For practices who wish to engage self employed locums directly they must look at each locum on an individual basis and the indicators of self employed must be present and agreed in a written contract. Anything less, from the HMRC view point, would be inadequate.

Courts will observe first and foremost contracts between the practice and the locum and will uphold them unless they are blatantly contravened. Where contracts have been honoured and given due regard they will generally be upheld by the courts.

What's the alternative?

By engageing a locum through an Employment Business such as Recruit4vets (an agency who pays the locum directly) you will eliminate all this risk as it is the agency who is engaging the locum and not the client. Recruit4vets will:

• fully vet each and every candidate, obtaining their ID, their right to work in the UK, RCVS certificate and references
• supply the locum and client with Contracts
• pay the locum weekly
• remove from the client any liability for tax and NIC's

For more information contact recruit4vets today on 01423 739 010 or email info@recruit4vets.co.uk

Agency Worker Directive

The fundamental principle of the agency workers regulations is to provide agency workers with the same basic working and employment conditions of a comparable permanent employee after a qualifying period; this being just 12 weeks. The regulations were implemented on 1st October 2011.

The Department of Business Innovation and Skills have now released the full guidance. You can download it by clicking here.

Equal treatment after 12 weeks

After a qualifying period of 12 weeks the agency worker has the right to receive the same basic working and employment conditions of a comparable permanent employee, such as;- Pay & bonuses- Duration of working time- Annual leave "the requirement is simply to treat the worker as if he or she had been recruited directly to do the same job."

Launch of www.recruit4vets.co.uk

Recruit4vets are proud to announce the launch of www.recruit4vets.co.uk a brand new website dedicated to the UK veterinary sector. We have permanent and locum jobs for veterinary nurses and vets.