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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am a self employed psychologist working at a clinic in central

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I am a self employed psychologist working at a clinic in central London. The clinic sets the fee, collects the fee and then pays me a sessional fee from this each month when I hand in a time-sheet. The clinic take at source room rental, secretarial support etc. The clinic is now putting up its fee to patients but none of this increase is being passed on to clinicians. We have also been told that we are now expected to attend four clinical discussion groups each year, at a time and on days of the clinics choice and without pay. There is no requirement for me to attend such events from my professional governing body the BPS or the HCPC. I have a contract with the clinic under the title 'Practicing Privileges' which does include a clause that I attend monthly supervision (unpaid) at the clinic) something I willingly do as this is a requirement of the BPS, it does not state that I have to attend any events the clinic subsequently deem necessary. The clinic is also asking us to sign up to private insurance company websites with our CVs which will mean that patients may select me as a potential psychologist, but the contact details given are those of the clinic, thus the fee will go to the clinic and I will have no negotiation as to level of fee etc even though the patient has selected to see me rather than having selected the clinic. Am I within my rights to refuse to attend these four unpaid discussion groups? Is it lawful for the clinic to increase what it charges patients for my service but not pass any of that increase on to clinicians? Do these developments bring into question my status as self-employed? I would be most grateful for your comments.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,I you suggest you use this employment status indicator to wok out whether you are really self employed or merely in disguised employment: http://www.hmrc.gov.uk/calcs/esi.htmIt all depends on what you and clinic have agreed between you two, if you have not agreed to attend the 4 unpaid discussion groups, then you would not be in breach of contract if you refuse to go to them.As far as fees are concerned I am afraid what the clinic charges the patient is between the clinic and the patient and what it pays you is between you and the clinic, these are two separate matters and there is no unlawfulness if the clinic charges the patients more but pays you the same, however unfair this mY sound. It is a contractual matter between you and the clinic.Hope this helps
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