{{org_field_logo}}

{{org_field_name}}

Registration Number: {{org_field_registration_no}}

---

Client Contract Management Policy

1. Purpose

The purpose of this policy is to establish a structured and transparent approach to the negotiation, implementation, management, and review of contracts with client organisations receiving temporary healthcare staffing services from {{org_field_name}}. The policy ensures that all client agreements are legally compliant, clearly documented, and managed efficiently to safeguard the interests of clients, temporary workers, service users, and {{org_field_name}} itself. This policy ensures that client contracts are consistent with current legislation, the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, the Agency Workers Regulations 2010, and the expectations of regulators such as the Care Quality Commission (CQC). The director(s) of {{org_field_name}} are responsible for the oversight, review, and implementation of this policy, and for ensuring that contracts reflect the principles of safe, lawful, and ethical healthcare staffing services.

2. Scope

This policy applies to:

• All contracts and agreements between {{org_field_name}} and client organisations, including but not limited to care homes, nursing homes, residential services, supported living providers, local authorities, NHS bodies, and private healthcare providers.
• All directors and administrative staff involved in client engagement, contract negotiation, and contract management.
• Temporary staff who are subject to the terms and conditions stipulated in client contracts.
• External stakeholders such as commissioners and regulators who may request assurance regarding the agency’s contractual arrangements.

This policy applies to both new contracts and existing client contracts under renewal, amendment, or review.

3. Related Policies

• Recruitment Policy
• Pre-Employment Checks Policy (including DBS & References)
• Safeguarding Policy
• Training and Development Policy
• Temporary Staffing Handbook
• Whistleblowing Policy
• Incident Reporting and Management Policy
• Complaints and Disciplinary Policy

4. Legal and Regulatory Framework

This policy is underpinned by:

• The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014​
• The Employment Rights Act 1996​
• The Agency Workers Regulations 2010​
• The Equality Act 2010
• The Bribery Act 2010
• The Working Time Regulations 1998 (Amended 2005)​
• The Data Protection Act 2018 (GDPR)
• Competition Act 1998

5. Contract Formation

Contracts with clients will be formalised through a signed service level agreement (SLA) or client contract. No temporary worker will be supplied without a valid signed agreement. Contracts must specify:

• The services being provided, including categories of staff (e.g., Registered Nurses, Healthcare Assistants).
• The pricing structure, including hourly rates, mileage (if applicable), and any premium or bank holiday rates.
• Cancellation notice periods and fees.
• Terms and conditions of supply.
• Compliance expectations, including safeguarding, health and safety, and confidentiality.
• Responsibilities of {{org_field_name}} and the client.
• Assignment booking and shift confirmation processes.
• Invoicing, payment terms, and late payment penalties.
• Data protection and confidentiality provisions.

The director(s) will ensure that:

• Contracts are reviewed and approved prior to signing.
• Contracts are signed by an authorised representative of {{org_field_name}} and the client organisation.
• Signed copies are securely stored.

6. Contract Negotiation

The director(s) will:

• Lead on all contract negotiations.
• Ensure that pricing and terms are fair, competitive, and aligned to the market while ensuring the agency’s financial sustainability.
• Clarify with clients any special requirements or expectations prior to agreeing on terms.
• Avoid entering contracts that could place staff or service users at risk or compromise {{org_field_name}}’s ability to meet regulatory or legal duties.
• Seek legal advice when appropriate to ensure contractual terms are lawful and enforceable.

Contracts must not contain unfair terms, exclusivity clauses (unless mutually agreed), or restrictions that could breach the Competition Act 1998.

7. Contractual Obligations of {{org_field_name}}

{{org_field_name}} will:

• Supply competent, qualified, and vetted temporary staff who meet the requirements of the role.
• Confirm all workers have completed mandatory training and pre-employment checks.
• Replace, where possible, staff who are absent, fail to attend, or are unsuitable for the assignment.
• Maintain robust communication with clients regarding bookings, shift confirmations, and staff performance.
• Act promptly in the event of safeguarding concerns, complaints, or incidents related to the provision of temporary staff.
• Invoice clients in accordance with the agreed pricing and payment terms.

8. Client Responsibilities

Clients are expected to:

• Provide a safe working environment for temporary workers, in accordance with the Health and Safety at Work etc. Act 1974​.
• Induct agency staff into their site-specific policies and procedures at the start of each assignment.
• Ensure safe staffing levels and appropriate skill mix.
• Provide reasonable facilities and equipment required to carry out duties.
• Notify {{org_field_name}} promptly of:
  • Incidents, accidents, or safeguarding concerns involving agency workers.
  • Feedback (positive or negative) regarding the performance of agency staff.
  • Changes to their operational requirements or needs.

9. Compliance Monitoring

The director(s) will:

• Conduct periodic reviews of contract compliance.
• Seek client feedback to monitor satisfaction and identify areas for improvement.
• Audit service delivery records, incident logs, and client communication to verify compliance.
• Act upon any issues raised by staff, clients, or regulators regarding contract compliance.

10. Communication and Relationship Management

The director(s) will:

• Act as the primary point of contact for client organisations.
• Foster positive and professional relationships with clients.
• Arrange regular communication, including formal contract reviews (annually or as required).
• Address any concerns raised by clients without delay.
• Record all communication and actions relating to contracts for accountability and future reference.

Temporary workers must:

• Respect the client’s site policies, values, and procedures.
• Report concerns, complaints, or incidents to both the client and {{org_field_name}}.

11. Incident and Complaint Management

All incidents or complaints relating to agency staff working under a client contract must be:

• Reported to {{org_field_name}} immediately.
• Investigated by the director(s) in line with the Incident Reporting and Management Policy.
• Documented fully.
• Shared with the client where appropriate, subject to data protection requirements.
• Resolved through collaborative working between the agency and client.

Where a contract includes specific escalation or complaint resolution procedures, these will be followed.

12. Contract Amendments and Renewal

Contracts may be amended:

• By mutual agreement, documented in writing.
• To reflect changes in legislation or best practice.
• Following a review of operational needs or client feedback.

Renewals will be:

• Reviewed by the director(s) in advance of expiry.
• Updated as necessary to ensure compliance and effectiveness.
• Re-signed by both parties to confirm acceptance of updated terms.

13. Business Continuity During Adverse Events

In the event of:

• Adverse weather.
• Pandemics.
• Other major incidents affecting service delivery.

The director(s) will:

• Liaise with clients to implement contingency plans.
• Prioritise assignments based on risk and client needs.
• Communicate clearly with clients and temporary workers.
• Ensure that any adjustments to service provision are documented.

14. Confidentiality and Data Protection

{{org_field_name}} will:

• Handle all client data in line with the Data Protection Act 2018 (GDPR).
• Include clear data protection clauses within contracts.
• Ensure that temporary workers understand and comply with client confidentiality and information governance protocols.

15. Equality, Diversity, and Inclusion

{{org_field_name}} is committed to ensuring:

• No client, staff member, or service user is treated less favourably due to any protected characteristic under the Equality Act 2010.
• Contracts are designed and implemented in line with equality and human rights principles.
• Temporary workers are treated fairly during all assignments and are protected from discrimination while placed with clients.

16. Record Keeping

The director(s) will:

• Maintain a centralised contract register.
• Keep copies of all active contracts, amendments, and related correspondence.
• Retain records securely for at least six years after contract expiry, in line with statutory requirements.

17. Governance and Audit

The director(s) will:

• Conduct annual audits of contract compliance.
• Include client contract management within the agency’s quality assurance programme.
• Implement action plans to address identified deficiencies.
• Share lessons learned with relevant staff and stakeholders.

18. Policy Review

This policy will be reviewed annually by the director(s) of {{org_field_name}}, or earlier if:

• There are changes to legislation, guidance, or regulatory standards.
• Audit findings, incidents, or client feedback suggest improvements.
• Requested by commissioners or regulatory bodies.

---

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.