Sample Mangement Contract by 9vaq65C


									Employee Ref No -
Oracle Code No -

                Walsall Adult & Community College Management Contract


                                 (EMPLOYEE NAME)

        Academic Management


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THIS AGREEMENT dated the      is made


     The Civic Centre, Darwall Street, Walsall WS1 1DG

     ("The Employee")

1.      Date of commencement

        1.1      Your employment in this post will commence on: (Date)

        1.2      Your period of continuous service for statutory employment rights with Walsall
                 Metropolitan Borough Council dates from (initial employment date). If you
                 have previous continuous service with an any Organisation covered by the
                 Redundancy Payments (Local Government) (Modification) Orders (Which
                 covers Local Authorities and related bodies) this will be included in calculating
                 your entitlement to:

                        * redundancy payment
                        * sickness pay and leave
                        * maternity pay and leave

         1.3     You are employed by Walsall Metropolitan Borough Council to serve at
                 Walsall Adult and Community College which is part of Neighbourhood

2.      Duties

        2.1      You will be employed as (Role Title) in which capacity you will be required to
                 perform such duties as are appropriate in accordance with your job description

        2.2      Your duties will include but are not exclusive to:

                 Contributing to the organisation’s strategic goals and ensuring effective and
                 efficient operations through overall leadership and management of a designated
                 curriculum or service area in accordance with you job role description and which
                 may include but not be limited to: planning, timetabling and organisation of
                 provision and services within an area of responsibility; management of
                 funding and finance, including a delegated budget for resources within a
                 designated area; management of people, including their recruitment and
                 selection, deployment, appraisal, support and discipline; management of the
                 quality assurance and control processes as relevant to the area; marketing
                 and promotional activities; management of external relations and partnerships
                 as appropriate to the area; management and further development of curriculum
                 and/or services implementation of policies and procedures including health,
                 safety, safeguarding equal opportunities and sustainability.
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              This will also include staff and team meetings and include an annually agreed
              contribution to the academic programme of up to a maximum of 300 hours per
              year. Any teaching duties to which you are assigned should be delivered in line
              with the expectations outlined in the College Teacher Contract.

     2.3      You are expected to work flexibly and efficiently within the terms of your job
              description, to maintain the highest professional standards and to promote and
              implement the policies of the College and the Council

              2.3.1 You are expected to take reasonable actions within your remit to
                    safeguard property, learners and customers of the college so as to
                    prevent harm, loss and/or damage without putting yourself at risk..

     2.4      You will be expected to comply with all rules and regulations which the College
              and the Council may from time to time issue to ensure the efficient operation of
              its business and the welfare and interests of its students, customers and

     2.5      You will be required to be aware of and comply with the College's policies on
              Equal Opportunities, Safeguarding, Health & Safety at Work and Disability

3.   Staff Training Development and Performance Management Scheme

     You will be required to participate in the Staff Training, Development and
     Performance Management scheme in line with the Council framework.

4.   Probationary Period

     The first 12 months of your employment will be a probationary period, during which your
     suitability for the position to which you have been appointed will be assessed. The
     College reserves the right to extend your probationary period by up to 6 months if, in its
     opinion, circumstances so require. During the probationary period, your employment may
     be terminated either by you or by the College on giving one month's notice in writing. At
     any review of your progress whilst working through a probationary period you have the
     right to be represented.

     You have the right of appeal against your dismissal or the extension of your
     probationary period under the College grievance procedure.

     Existing members of staff are not required to undergo a probationary period.

5.   Working Hours

     5.1      You will be expected to work such hours as are reasonably necessary for the
              proper performance of your duties and responsibilities. This will normally be 37
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                hours per week or pro- rata normally to be worked between Monday and Friday.
                You may from time to time be required to work on a Saturday or Sunday.
                However this would be limited to 6 days in any single year and each attendance
                will be by mutual agreement with reasonable notice with your line manager

                5.1.2 Where you attend work on either a Saturday or a Sunday that would be in
                      excess of your normal working hours then you will be entitled to time off in
                      lieu, the timing of which will be agreed with your line manager. Any TOIL
                      will be allowable in line with Council policy.

                5.1.3 Hours of work will fall between 8.30 am and 9.30 pm

                You would not normally be expected to attend work for more than 2 evenings in
                any single week

     5.2        There will be up to 5 days in any single year allocated to directed continuous
                professional development. These may take place at or outside your workplace in
                agreement with your line manager.

6.   Holidays

     6.1        You will be entitled to receive your normal remuneration for a maximum of 35
                working days holiday plus 4 concessionary days plus a further 8 days in line with
                bank holidays; this includes up to 5 working days when the Governors and
                Principal may determine that the College will be closed in the interest of
                efficiency. The four concessionary days may be subject to review by the

     6.2        Your holiday year runs from 1st September to 31st August. The timing of all
                holidays is subject to the agreement of your line manager and would not
                normally be taken during college term-time.

                You will be entitled to take 3 weeks continuous holiday between the last day of
                the summer term and 31 August in each working year. Planned holiday
                schedules for individual staff are required to be submitted to your line manager
                for approval before 31 October in any year and approved in advance of taking
                holiday leave

                In determining holiday schedules, regard will be paid to:

                a) The operational needs of the College and individual family circumstances.

     6.3        In the holiday year in which your employment commences or terminates, your
                holiday entitlement will accrue on a pro-rata basis for each complete month of
                service. If, on the termination of your employment, you have exceeded your
                accrued holiday entitlement, the College will be entitled to deduct the excess
                from any sums due to you, including payments of salary. If, on the other hand,
                you have any unused holiday entitlement, the College may require you to take it
                during your period of notice or may alternatively pay you the appropriate sum in
                lieu thereof.
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      6.4       Holiday entitlement for one holiday year cannot be taken subsequent holiday
                years unless otherwise agreed by your line manager In line with Council carry-
                forward policy

7     Place of Work

      Your normal place of work will be the College's premises at Hawbush or Whitehall Centre.
      However, you may be required to work on either a temporary or an indefinite basis at any
      of the premises which the College has or may subsequently acquire or at any premises at
      which it may from time to time provide services, normally but not exclusively within the
      Walsall Borough. Timetables and place of work will be agreed with your line manager.

      7.1       Work Abroad

                You will not normally be required to undertake any work overseas, outside of the
                United Kingdom mainland, without your prior agreement and reasonable notice
                being given. All terms and conditions relating to such work will be subject to your
                prior agreement. Such agreement will include salary, currency of payment,
                allowances and benefits and terms for your return to work on re-entering the
                United Kingdom.

8.    Salary

      Your initial salary will be as shown in the statement of particulars which forms part of your
      contract. Your salary will be payable monthly, by direct credit transfer in twelve monthly
      instalments. This is a condition of your employment. Your salary will be reviewed annually
      in accordance with the salary agreements. Where you enter the Academic Management
      scale for the first time your entry point will normally be at the first scale point or will be in
      accordance with the relevant agreements.

      8.1       No overtime payment shall normally be made to any manager. However, by
                mutual arrangement, paid leave of absence may be taken in lieu of any
                additional periods of work undertaken in accordance with Council policy and

9.    Expenses

      Expenses which you incur in the proper performance of your duties will be reimbursed by
      the College providing that they have been approved in advance by your line manager or
      his/her deputy and evidence of your expenditure can be supplied in the form of receipts All
      claims for reimbursement of mileage costs will be in line with the current NJC agreements

10.   Pension and Other Benefits

      You are entitled to participate in either the Teachers' Pension Scheme (TPS) subject to its
      terms and conditions, or the Local Government Pension Scheme.

      Booklets on both of these schemes are available from the Council.
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      Pension payments are automatically stopped out of your salary, if you wish not to
      contribute to the pension scheme; you must contact the pension office at Walsall Council.

11.   Overpayment of Wages

      It is an employee’s responsibility to check all payments made through their salary to
      ensure that they have a right to receive the payment. The Council has an obligation to
      recoup any overpayment, following consultation with the employee concerned.

      In accordance with the Employers’ Rights Act 1996, an employer usually has the right to
      recover overpayments from employees. The method of such recovery however, must be
      “reasonable” and employee consultation should be feature of any procedure to recover
      from pay.

      If an overpayment or an underpayment is discovered this should be notified immediately.

12.   Sickness

      12.1      If you are absent from work due to sickness or injury, you will be eligible to
                receive sick pay in accordance with the Council’s Sickness Policy, a copy of
                which will be supplied to you.

      12.2      The payment of sick pay is subject to your compliance with the College's rules
                for the notification and verification of sickness absence, which are set out in the
                Sickness Policy.

13.   Parental & Carers Leave

      Maternity pay and leave shall be in accordance with the relevant collective agreements.
      Full details of the procedures with which you must comply in order to exercise your rights
      under it are available from the Council HR Service.

14.   Leave of Absence

      The College will consider all requests for leave of absence with reference to its policies,
      and may grant leave of absence with or without pay as appropriate

15    Exclusivity of Service

      No staff member either full or part time should undertake any occupation which would
      interfere or conflict with the due performance of their duties for the College, therefore the
      College reserves the right to ensure that its interests are protected Any request for
      secondary employment must be agreed in advance with the Principal and will be
      considered in line with Council policy.

16    Resources

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      All equipment, materials and resources belonging to the College shall be used only for
      work that is authorised by the College in pursuance of the college’s business.

17.   Confidentiality

      17.1     You shall not either during your employment (except in the proper performance
               of your duties), nor at any time after its termination, use for your own purposes
               (or for any purposes other than those of the College) or divulge to any person,
               College, Company, or other organisation whatsoever any confidential
               information belonging to the College or relating to its affairs, which include any
               dealings with students, organisations or services which may come to your
               knowledge during your employment. This restriction shall cease to apply to any
               information or knowledge which may come into the public domain after the
               termination of your employment, other than as a result of unauthorised
               disclosure by you or by any third party.

      17.2     Notwithstanding the above, the College affirms that academic staff have
               freedom within the law to question and test perceived wisdom relating to
               academic matters, and to put forward new ideas and controversial or unpopular
               opinions about academic matters without placing themselves in jeopardy of
               losing their jobs and privileges they have at the College. It is incumbent on the
               Individual lecturer to ensure that his or her views are not interpreted as
               necessarily being those of the College of Continuing Education.

      17.3     All records, documents and other papers given to or acquired by you in the
               course of your employment shall be the property of the College and at its
               discretion must be returned to it on the termination of your employment.

18.   Copyright, Employee Inventions (and Post-termination Restrictions)

      Any work undertaken by you on behalf of the College which results in the production of
      either academic works or practical inventions shall remain the property of Walsall Adult &
      Community College. Such property shall not be used for any other purposes than
      authorised by the College and all plans notes and prototypes shall remain the property of
      the College to use at their discretion.

      The copyright in any work or design complied, edited or otherwise brought into existence
      by you as a scholarly work for the purpose of furthering your professional career shall
      belong to you: scholarly work includes items such as books, contributions to books,
      articles and conference papers, and shall be construed in the light of common
      understanding of the phrase in further and higher education.

19.   Grievances

      If you have a grievance relating to your employment, you are entitled to invoke the Local
      Authority Grievance Procedure, details of which are available from the Human Resource
      services of the Council. The Procedure may be varied by the Local Authority from time to

20.   Disciplinary Procedure
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      The College expects reasonable standards of performance and conduct from its
      employees as indicated in the Walsall Council Codes of Practice and WACC Values and
      Behaviours statements copies of which will be supplied to you by the council and the
      college procedure may be varied from time to time.

21.   Rehabilitation of Offenders Act 1974

      Your employment is subject to residency checks and enhanced CRB /ISA checks which
      will be renewed every three years

      21.1     You are required to disclose any previous criminal convictions that you have and
               which are not spent within the meaning of section 1 of the Rehabilitation of
               Offenders Act 1974 save where the employment falls within the scope of the
               Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975.

      21.2     Additionally you must disclose immediately any conviction during the period of
               your employment. You must also disclose to the Principal of the College any
               investigations or proceedings being taken against you that may result in criminal
               or professional charges being brought at a later date which would place the
               College in breach of its duty of care towards its staff and students.

      21.3     Should you fail to fulfil the requirements of 21.1 and 22.2, then the College
               reserves the right to regard this as gross misconduct.

22.   Termination of employment

      22.1     You may terminate your employment at any time by giving the College three
               months' notice in writing.

      22.2     During any probationary period you may terminate your employment at any time
               giving the College one month’s notice in writing. Thereafter, you may terminate
               your employment by giving the College three months notice in writing.

      22.3     During any probationary period, the College may terminate your employment by
               giving you in writing one month’s notice Thereafter the College may terminate
               your employment by giving you three months’ notice in writing.

      22.4     The College may terminate your employment without notice if you are guilty of
               gross misconduct, negligence or incompetence, in accordance with the
               Disciplinary Procedure.

      22.5     If you are still in the Council’s employment on your 65 th birthday, your
               employment will normally cease on that date in accordance with the Council’s
               policy on normal retirement age.

               You will be given written notice of the date of your intended retirement at least
               six months before hand. You have the right to request to go on working
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               beyond your retirement date and the Council has a duty to consider this
               request. However, the Council is entitled to refuse the request.

23.   Redundancy

      If your contract is terminated by reason of redundancy this will only occur after an
      opportunity has been provided for full consultation with the recognised trade unions. In
      the event that redundancy becomes necessary, the College will ensure that the
      consultations with the recognised trade unions commence at the earliest opportunity

24.   Trade Union Membership

      The Authority supports the system of collective bargaining in every way and believes in
      the principle of solving industrial relations problems by discussion and agreement. For
      practical purposes this can only be conducted by representatives of the employers and of
      the employees. If collective bargaining of this kind is to continue and improve for the
      benefit of both it is essential that the employees’ organisations should be fully
      representative. It is sensible for you to be in membership of a trade union representing
      you on the appropriate negotiating body.

      The following Policies are expressly incorporated into your contract of employment and
      directly affect the terms and conditions of your employment:

               Salary Scales and their Application
               Sick Leave and Sick Pay
               Paternity Policy
               Statutory Maternity Leave and Pay
               Staff Training, Development and Performance Management Scheme
               Travelling Expenses
               Grievance Procedure
               Disciplinary Procedure
               Leave of absence policy
               Redundancy & Redeployment Policy

      24.1     The following collective agreements are relevant to the terms and conditions of
               your employment, but are not incorporated into your contract:

               Trade Union Recognition and Disputes Procedure Agreement
               Premature Retirement Agreement
               Procedure for staff reductions - Lecturing staff
               Guidelines on the Allocation of duties of Lecturing Staff.

      24.2     You have the right to join a trade union/teachers organisation and to take part in
               its activities.

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                      MANAGEMENT STAFF

                  CONTRACT OF EMPLOYMENT

Name ………………………………………………. Date of Birth ……………………..

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Date of Commencement in Post

I acknowledge receipt of this Contract of Employment and confirm my agreement to the terms and
conditions set out within this Contract.

This contract supersedes any other contract issued to the above named person.

Signed: ..................................           Date: .............................

(Name of Employee)

Signed: ..................................           Date: .............................

(For and on behalf of the College)

Finance Office
(For information – Please tick)

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