APPENDIX 7
EXAMPLE OF A WRITTEN CONTRACT OF EMPLOYMENT FOR A PERSONAL ASSISTANT.
BELOW IS AN EXAMPLE OF A CONTRACT OF EMPLOYMENT BETWEEN A SERVICE USER AND A PERSONAL ASSISTANT. YOU MAY WISH TO USE THIS EXAMPLE BUT DO NOT HAVE TO. PLEASE NOTE THAT IF YOU WISH TO SEEK INDEPENDENT ADVICE BEFORE ENTERING INTO A CONTRACT, THEN YOU MAY DO SO.
THIS CONTRACT OF EMPLOYMENT is made BETWEEN ………………………………………………………………………...(Employer) ………………………………………………………………………...(Address) AND ………………………………………………………………………...(Employee)
1. Particulars required by section 1 of the Employment Rights Act 1996, to be read together with the rest of this Contract. Expected Place of Work
I reserve the right to require you to work at any other places of employment. You will not be required to work outside the United Kingdom under this contract. Job Title/Job Description Personal Care Assistant to me. Your Job Description is and Duties attached. Please also refer to Clause 2 of the Contract Date When this Employment Began Date on Which Your Continuous Employment Began
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Grade/Salary Wages
There is no grade for the post. See clause 5 for rate of pay. Intervals by which Your Your wages salary will be paid [WEEKLY/MONTHLY] in Salary/Wages are paid arrears [STATE METHOD OF PAYMENT eg by cheque/into the bank/building society account you have nominated] Hours of Work Your days of work, hours of attendance options will be notified to you. See also clauses 3, 7 & 8 Holiday and Holiday Pay You are entitled to 24 days paid holiday per leave year. The leave year starts from your date of employment, that includes bank holidays. Holiday pay will be paid at the same rate as your normal wages. See also clauses 5 & 7 Term This is a Permanent Contract; or This is a Temporary contract to cover (Sickness, Maternity leave, other etc) or This is a Fixed Term Contract for [ ] month/years; or This is a contract for a specific purpose, namely (……..) and will terminate automatically when (…) is notified to you as being completed. Sick pay You are only entitled to Statutory Sick Pay. If you are sick for more than seven days you must provide me with a sick note from your doctor. Pension and Pension I do not operate a pension scheme and as I employ fewer Schemes than 5 employees I do not offer access to a Stakeholder pension. There is no contracting-out certificate under the Pension Schemes Act 1993 in force. Collective Agreements There are no collective agreements in force. Disciplinary and GrievanceSee clause Procedures Notice of Termination See Clause 9
2. The principal duties or accountabilities are listed in a job description, a copy of which has already been provided to you. In addition, you are required to perform any other duties at the appropriate level of responsibility, whether specifically contained in the job description or not, which is consistent with your employment and is reasonable in all the circumstances having regard to my personal needs, your experience, abilities and aptitudes, and all other relevant matters. 3. You acknowledge and accept that employment under this Contract is dependent on funding being provided to me by a third party and that I have no control over the provision of the funding. I reserve the right to vary this contract including by reducing your hours or change your duties and/or job description to take account of any changes in funding or restrictions on the use to which I may put the funding. I will give you notice of any variation no shorter than the notice to terminate under this Contract. 4. This post is offered subject to a [
] week probationary period.
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5. The gross rate of pay is £…………per hour irrespective of the day on which the work is done. Work done on a Bank Holiday will be remunerated at the same rate of £ per hour]. The net pay you will receive will depend on any deductions required by law or agreed. You will only be paid for the hours you actually work or for holiday pay. [Any additional hours worked will be remunerated at the flat hourly rate/ at £…………] 6. You are only entitled to expenses if: (i) these are authorised in advance; (ii) you actually incur the expense and produce proper receipts; (iii) you claim the expenses within 2 working days of incurring the expense (or the next working day after holiday or sickness absence) and (iv) you acknowledge payment by giving me a signed receipt. 7. The standard working week is 40 hours. If you normally work less hours than is standard, you holiday entitlement will reduced on a pro—rata basis. 8. Occasionally I may need to vary your hours/days of work for reasons relating to my personal care/medical needs. You accept that I have the right to vary the hours and/or days of work. And that any variation may be temporary or permanent. I will confirm any variation in writing. 9. The notice which must be given to terminate this Contract is : Period of continuous employment
Notice
Four weeks or more, but less than two years Two years or more, but less than 12 years 12 years or more
-1 week - 1 week of each year of continuous employment - 12 weeks notice
I shall be entitled to terminate this Contract without notice if you commit an act of gross misconduct. I shall have the rights during your period of notice or any part thereof to: (i) place you on special paid leave and/or (ii) make a payment to you in lieu of notice. 10. The normal retirement age is 65. Your employment will automatically terminate on your 65th birthday subject to your right to request to continue working past that day. 11. The only payment for sick leave will be Statutory Sick Pay, which will be paid in accordance with regulations. If you are sick for more than seven days you will need to provide a sick note from your doctor. 12. You are required to: a. Not misuse Confidential Information in any way; b. Maintain the highest standards of probity in all aspects of your life ; c. be flexible, reliable and discrete and to carry out your duties in a professional manner; d. respect my home and the privacy of all those living there;
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e. dress appropriately for work tasks and when accompanying me outside my home; f. not bring your children or any other person to work with you; g. keep your mobile phone switched off when you are working except for when you have to make an emergency call. If you need to be contacted during working hours in an emergency please discuss this with me; h. switch off any head set, personal music system during working hours; i. not to smoke at your place of work; j. Inform me as soon as possible if you are not able to come to work and let me know if you are delayed for more than 10 minutes; and k. Keep me informed of your address and telephone contact details. 13. In the course of your employment with me you will have access to and be entrusted with information relating to my health, care needs, finances, private business, family business, relationships with others and my wellbeing which is not within the public domain (together ―Confidential Information‖). You are required to treat all such information as highly confidential both during the term of this Contract and at all times thereafter. 14. You shall not disclose any Confidential Information to any person or body unless the disclosure is made for the purposes of the good faith performance of your work duties, as required by any Governmental agency, by law, by order of any judicial body of competent jurisdiction, or is made in confidence to your bankers or professional advisors for the purpose of obtaining professional advice. Under no circumstances shall you use any Confidential Information for the direct or indirect financial gain or aggrandisement of you or any other person 15. Grievance procedure 16. Disciplinary procedure The disciplinary procedure aims to ensure a good standard of work and level of conduct. Whilst a professional relationship is expected at all times the procedure is there to ensure that you are treated fairly. I will try to resolve any problems or work performance issues initially by discussion with you. Where this is not satisfactory the following procedure will apply. Verbal warning – if you conduct or performance is unsatisfactory. This will be recorded and remain valid for a period of 3 months Written warning – If the matter is serious or if there has been no satisfactory improvement in conduct or performance. The warning will remain valid for 3 months.
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Final written warning – If there is still no satisfactory improvement in conduct or performance a final written warning will be issued stating that if further misconduct occurs this will result in instant dismissal. The final written warning will be valid for 3 months. Dismissal – In the event of further misconduct or no satisfactory improvement in conduct, performance or attendance, you will be dismissed.
In a case of actual or suspected gross misconduct, I will be entitled to suspended you immediately subject to further investigation and you may be dismissed without notice if the Gross misconduct. This may include: Misuse of Confidential Information Lacking or appearing to lack a very high standard of probity Theft or damage to property Physical or verbal assault or abuse (including threatening behaviour) Facing an allegation of criminality whether or not related to your work Arriving at work in an unfit state due to alcohol or other substances Persistent bad timekeeping Deliberately undertaking any task in a way that may endanger either of us Breach of confidentiality
I have read the terms and conditions and agree to abide by them. Signature……………………………………………………………….(Employee) Print full name …………………………………………………………. Date……………………. Signature…………………………………………… ………………....(Employer) Print full name…………………………………………………………. Date……………………
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