Employment Agreement – (Hourly)
This Agreement is made on the day of [ 1. 2. ] between:
[state name of the Employer]…………………………………. Of [state Address of Employer]
……………………………………………………………………………………… ……………………………………………………………………………………… (hereinafter “the Employer”); and 3. [state name of the Employee]…………………………………………... of [state Address]
……………………………………………………………………………………….. ……………………………………………………………………………………….. (hereinafter “the Employee”). 4. This Agreement aims to emphasise the unique nature of this employment as a personal assistant to a disabled person. The funding ensuring this post is provided by a third party to this Agreement (London Borough Of Barnet) and it is therefore essential to preserve the goodwill of London Borough of Barnet for the continuance of this post. Should the London Borough of Barnet decide to withdraw or reduce funding, the Employee is hereby warned that [his/her] employment may be terminated through no fault of the employer.
1.
Job Title and Place of Work
1.1
The Employee is employed as a Personal Care Assistant for [state name of employer]………………………………………………… to provide [state the main purpose of the post] ………………………………………………………………………………… ………………………………………………………………………………… The duties and responsibilities of this position are set out in the Job Description attached to this Agreement. The Employee’s employment [will commence/ commenced] on [state date]……………………and no employment with any previous employer will count as part of a continuous period of employment.
1.2
The Employee’s usual place of work will be at the home of [state Name]………………………………………………………………….. at [state address]………………………………………………………………………
…………………………………………………………………………………………………
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although the Employee may be required to work at [state specific places]……………………………………………………………………… such locations as specified by the Employer from time to time. 2. 2.1. Probationary Period and Notice The Employee’s employment is subject to a period of four weeks. At the completion of this period the Employer may confirm the Employee’s permanent employment, extend the probationary period for a further period of [state] ……………………….. or terminate the employment. During the probationary period either party may terminate the employment by providing one weeks’ notice in writing to the other. Thereafter the notice period will be four weeks or in the event that the employment continues for more than four years, the relevant and applicable statutory notice. The employer reserves the right to make a payment in lieu of notice to the Employee in the event of the termination of [his/her] employee for any reason.
2.2.
3. 3.1.
HOURS OF WORK The Employee’s normal hours of work shall be from [State time]………………………… to [state time]…………………… on [specify days]……………………………………………………………………… ……………………………………………………………………………….. during which one hour may be taken for lunch. The Employee may be required to work additional hours outside normal working hours as the Employer considers necessary to meet the needs of the service User. The Employer will try at all times to provide the Employee with adequate notice of such a request. .
3.2
The Employee shall be required to keep an accurate record of hours worked on the timesheets provided by the Employer. Remuneration The Employer shall pay the Employee at a rate of [state rate of pay] per hour payable one month in arrears on the first day on each calendar month. Work conducted on public holidays shall be paid at one and a half times the normal rate. The parties agree that in the event of the Employee owing any sums to the Employer, whether by overpayment of salary or similar, the Employer may deduct the same from the wages of the employee. The Employer will at all times try to ensure that the Employee is notified of prospective deductions prior to them being made.
4. 4.1.
4.2
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5. 5.1.
Sickness In the event of absence on account of sickness or injury, the Employee (or someone on [his/her] behalf) must inform the Employer of the reason for the Employee’s absence as soon as possible and must do so no later than [what time]…………………………………………… on the day on which the absence occurs. Should the period of absence last for fewer than 7 calendar days the Employee is not required to produce a medical certificate unless specifically requested to do so but must complete the Employer’s self certification form on return to work from such absence. In respect of absence lasting more than 7 days the Employee must on the eighth day provide the Employer with a medical certificate stating the reason for absence and thereafter provide a like certificate to cover any subsequent period of absence. The Employer operates a Statutory Sick Pay Scheme and the Employee is required to co-operate in the maintenance of necessary records. Holidays In addition to the normal public holidays the Employee is entitled to take 28 days, pro rata as holidays each holiday year which runs from [state date]……......................................................................................... to [state date]……………………………………………………………………… All holiday requests must be notified to the Employer at least four weeks in advance of the proposed date. Holidays must be taken at times convenient to the Employer and no more than [specify number]………………. days may be taken at any one time unless permission is given by the Employee’s Manager. Pensions The Employer has no pension scheme applicable to the Employee’s employment, however it shall facilitate access to a designated Stakeholder pension scheme to the extent that it is required to do so as a matter of law. Confidentiality During the course of the performance of [his/her] duties the Employee may come into contact with and may obtain access to sensitive and confidential information of their Employer. The Employee must respect the privacy of the employer and his/her family and must not whether during his/her employment or at any time after the termination of his/her employment disclose, to any person any information gained during [his/her] employment, without the express written permission of the Employer.
5.2.
5.3.
5.4.
6. 6.1.
6.2.
7. 7.1.
8. 8.1.
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9. Disciplinary and Grievance Procedures 9.1. The Disciplinary and Grievance Procedures applicable to the Employee are as issued to the Employee. If the Employee disagrees with any disciplinary decision to be taken in relation to him/her, s/he should refer to the disciplinary procedures. If the Employee has a grievance in relation to his/her employment they should in the first instance raise it with their line Manager. In the event that the matter is not resolved to the satisfaction of the Employee, the Employee must refer to the Grievance Procedures issued buy the Employer.
9.2.
I [state name of Employee]……………………………………………………. acknowledge that I have received a statement of the particulars of my employment as required by the Employments Rights Act 1996 and confirm my agreement that these constitute my contract of employment. Signed Employee Dated Signed Employer Dated
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