Employment Agreement (Live in) - June 2009

							                           Employment Agreement (Live in)

This Agreement is made on the day of [         ] between:

      1.       [State name of the Employer] of [State Address of Employer] (hereinafter “the
               Employer”); and

      2.       [State name of the Employee] of [State Address] (hereinafter “the Employee”).

       3.      This Agreement aims to express the unique nature of this employment as a
               personal assistant to a disabled person. The person receiving the direct
               payment is the employer, not the London Borough of Barnet. 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 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 [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] although the Employee may be required to work at [State specific places]
            such locations as specified by the Employer from time to time.


2.          Probationary Period and Notice

2.1.        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 [     ], 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.

2.2.        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.




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3.     Hours of Work

3.1.   You will be working multiple shifts of 24 hours.( shifts per week) During this time,
       you will be entitled to a 2 hour break every 7-8 hours. Time spent sleeping overnight
       at your place of work will be paid at a minimum of the national minimum wage rate
       per hour.


4.     Wages and Remuneration

4.1. The Employer shall pay the Employee at a rate of [£ ] (pounds gross or net?) per
      day payable one month in arrears on the first day of each calendar month. Work
      conducted on public holidays shall receive an additional premium payment of [£ ] (
      pounds).

4.2    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 their being
       made.


5.     Sickness

5.1.   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 [time?] on
       the day on which the absence occurs.

5.2.    Should the period of absence last for fewer than 3 working 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.

5.3.   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 [state regularity] to cover any subsequent
       period of absence.

5.4.   The Employer shall pay to the Employee sick pay at a rate of [£ ] per day for each
       day the Employee is unable to work and shall do so for a total period of 14 working
       days for each year provided the Employee complies with the directions set out at
       clauses 5.2 and 5.3.




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6.      Holidays

6.1.    The Employee is entitled to take 28 working 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.

6.2.    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.

7.      Pensions

7.1.    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.

8.      Confidentiality

8.1.    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
        the end User. 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 obtained
        during [his/her] employment, without the express written permission of the service
        User.

9.      Disciplinary procedures

9.1.    The Disciplinary and Grievance Procedures applicable to the Employee are as
        issued. If the Employee disagrees with any disciplinary decision to be taken in
        relation to him/her, s/he should refer to the disciplinary procedures.

9.2.    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.

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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