EXAMPLE/DRAFT CONTRACT OF EMPLOYMENT FOR CARERS/PA
DRAFT CONTRACT OF EMPLOYMENT - PLEASE AMMEND ADJUST AS NECESSARY -THIS CONTRACT IS FOR EXAMPLE PURPOSES ONLY AND PEOPLE SHOULD ADJUST IT TO THIER NEEDS, WITHIN THE CONSTAINTS OF LEGAL REQUIRMENTS.
This contract is governed by the laws of England.
This contract
includes a care plan, duties and processes.
This contract is between:
[INSERT YOUR FULL DETAILS]
AND
[INSERT NAME & ADDRESS OF EMPLOYEE]
JOB TITLE:
CARER AND PERSONAL ASSISTANT
To assist the employer with independence choice and control of life.
1. NATURE OF POST
You are appointed to the service of the employer [YOUR NAME], hereinafter referred to as The Client, employer or
[NAME]. Any permanent change will be
undertaken in consultation with you before a final decision is taken and will
be appropriate to your skills, qualifications and personal circumstances. You
confirm that you have the right to work in the UK and will inform The Client
immediately if you cease to be so entitled.
2. TERMS OF EMPLOYMENT
Employment is
conditional and subject to The Client receiving: proof of identity; two
satisfactory references; satisfactory clear enhanced DBS checks; evidence of
your relevant qualifications; and successful completion of a 6 month probation
period.
Should any of these compulsory checks be deemed unsatisfactory, the offer of employment may be withdrawn. In the event that your employment has commenced, The Client reserves the right to terminate your appointment upon giving you 8 week’s written notice.
Your attention is drawn to the Probationary Period at Clause 4.
3. DURATION
Employment shall commence on [INSERT DATE], and subject to both the probationary
period at Section 4 and termination provisions at Section 13, will
continue for 372 days from the commencement date (this period will be referred
to as the “Term”).
4. PROBATIONERY PERIOD:
The first six months employment (the care plan,
duties summary and processes) will be subject to six month probationary period.
The Client reserves the right to extend your probationary period if, in his
opinion, circumstances so require. During this period, both parties may rescind
the contract without fault giving ten days’ notice or less, if agreed by both
parties.
After a six month probationary period, providing no major issues occur during this period, the employee will automatically roll on to permanent employment, unless otherwise confirmed in writing. Should either party wish to rescind the contract after this time, a minimum of two months’ notice will be required unless mutually agreed by both parties.
5. DUTIES:
This role will involve supporting The Client, his
household and equipment. This will include all the duties (personal care and
all other living duties) as laid out in the Care Plan and Duties document. This
is not a conclusive list and The Client reserves the right to amend these
duties at any time as his needs increase or change.
6. PLACE OF WORK
Your post/ regular place of work is
based at The Client’s home address [PLACE OF WORK, MAIN ADDRESS];
however, you may subsequently be required to work, either temporarily or
permanently, in a variety of locations whilst supporting The Client.
7. HOURS OF WORK (SHIFT HOURS & ON SHIFTS):
[INSERT SHIFT DETAILS]
Your normal working will is one of [INSERT NUMBER OF HOURS]
The hours of work specified above are your
required contracted day shift hours and overnight shift hours as per the team
‘Staff Rota’. It is at The Client’s discretion to allow changes and there will
occasionally be a requirement to work outside of the times stated above.
Flexibility is a vital requirement of this role, particularly in relation to covering for sickness and annual leave for other staff members and The Client during periods of ill health.
You will at times be required to work on a rota system to cover difficult or unfillable shifts. Advance notice will be given of your shift in advance at least for a month, over the next three months in Advance.
We at all times recognise, that people have lives, and other priorities. We will at all times consider these, and discuss these with you. We will at all times also consider reasonable adjustments to be made according to the law. However the reasonability of this is down to ensuring that cover is available and fair to all employees.
Any such reasonable requests made by the employer must be complied with. If they are not without good reason, which includes trying to at least change or cover your other commitments, this will be considered a disciplinary issue
‘Shift swapping’ with other staff members is not permitted as a general rule as regular shift amendments have consequences for annual leave, Tax and National Insurance calculations. If time off is required, please submit an annual leave request.
All employees should be aware of their individual shift hours and a little lea way will be given on a case by case basis. Constant lateness is not acceptable, is monitored, will not be tolerated and will lead to disciplinary actions. Employees will not be approved to arrive late or finish their shifts early if there are known and required tasks that can be completed within that time.
Your attention is drawn to the Probationary Period at Clause 10.
8. RATES OF PAY:
|
Shift |
Hours |
Rate of Pay |
|
Day shift (hourly rate) |
9.00AM-9.30PM |
[ADD PAY RATE] |
|
**night shift (single payment
rate) |
9.30PM-9.00AM |
[ADD PAY RATE] |
|
Training/meetings |
Varied |
National Minimum Wage |
**Overnight work is not considered within the present legal meaning to be classified as a working time for the purpose of legislation. An overnight shift rate payment will be per night for sleeping in and sleeping arrangements will provided.
During an overnight shift, an alarm system will
be used to awaken you for any assistance The Client may require during the
night. There may be instances due to ill health or other reasons that you may
be required to stay awake all night. At such times appropriate time off will
need to be taken for Health and Safety purposes and legal requirements.
If and when the law changes The Client will endeavour to follow the most current legal position.
When an employee works on a bank holiday, there is no statutory right to extra pay, such as ‘time and a half’ or ‘double time’.
‘Double time’ pay will only
be awarded and will only apply to the following bank holiday shifts as a gesture
of goodwill:
§
25th December
(Christmas Day), AM & PM shifts
§
1st January (New
Year’s Day), AM & PM shifts
9. PAYMENT:
Employees will be paid by
bank transfer (as per the details provided by the employee at the start of
employment) on the [DATE] of every month.
The pay cut off date for submissions of: overtime (additional shifts); annual leave; sickness; or any other changes that may affect pay calculations, must be discussed with the authorised by the Payroll- Client Representative by the last Friday of every month, no later than 12:00PM. Any amendments received after this date will be adjusted and applied to the following payment month.
A yearly review of employee’s pay will be conducted and rises may occur dependant on the personal budget received.
The employer will deduct National Insurance and Income Tax as required by law.
The employer may also deduct any overpayment of wages or holiday entitlement and other monies owed.
Employees must provide updated information to the Payroll- Client Representative as soon as the change comes in to affect. Examples of this may include a change of bank details, address, legal name or other information that may affect tax/payment.
10. ANNUAL LEAVE:
Your
annual leave entitlement is:
[INSERT HOURS]
The statutory entitlement is 5 weeks leave
if full time or as per hours worked (pro rata).
No
holiday pay will be paid for the first three months of your probationary period.
Following this period, you will be entitled to the entitlement as above, which
is calculated using your regular shift hours.
If your employment starts or finishes part way
through the holiday year, your holiday entitlement during that year shall be
calculated on a pro rata basis.
https://www.gov.uk/calculate-your-holiday-entitlement
If leave is required arrangements
will be made for you to have reasonable time off.
To book annual leave please
complete the following steps:
10.2)
This booking will then be placed
on the group office calendar.
10.3)
Removed
10.4)
Leave may only be booked three
weeks in advance for a period of three months in the future
At all times, a maximum of one person can request a block of leave (+1 day). If more than one person requires a number of days of leave at the same time, the priority will be given to the person who has made the request at the earliest date. On discussion and in special emergency circumstances, i.e. illness, death of a relative or hospitalization, annual leave will be agreed as long as suitable cover is organized between all parties
The annual leave year runs between April 1st and 31st March.
Employees may carry over 5 days to the next year. This is calculated at 5 hours per day, thus an allowance of 25 hours per year will be permitted to be carried across to the new annual leave year.
In event of you being unwell and not fit to work
your shift, you must find cover via the whats app system. No later than two
hours before your shift starts. Sickness pay will be paid within accordance to current
government regulations.
12.
MEALS, BOARDING AND VEHICLE
USE:
The
Client will provide tea and coffee, soft drinks and water facilities, unless
prearranged or as part of your contract i.e. you do more than four hours a day
over one or more jobs, or covering the evening shift.
The Client will not be financially responsible for independently chosen items of food or drink. If you are away from the home/base, and it is deemed necessary or part of the days activates, The Client will supply appropriate food and drink.
On a shift in excess of 4 hours, meals and drinks which The Client chooses to provide, as part of his normal diet (apart from any reasonable specialist or personal dietary requirements or substances including alcohol) will be paid for by The Client. If you wish to eat something different, then you must bring/supply your own food.
If an employee becomes a resident (live in care option), and is given the opportunity of boarding with a private room for themselves, then a cost of £200 will be requested for the purposes of sharing the cost of utilities. Utilities include: insurances; gas; electric; water; telephone; and Wi-Fi and any use of/and wear and tear to household equipment. The money received will be paid in to an account of The Client’s choosing on a date after 6th of every month (pay day). No Rent is/will be charged. Use of any shared rooms in the household is included in this, however, if additional private rooms are required for sole use, this may be charged at an agreed rate between both parties. Priority will always be to The Client and his needs.
Any additional mileage (aside from the journey to and from your home to work) where the employee’s vehicle is used to assist The Client will be paid at 40p per mile.
All employees with a driving licence will be required to drive The Client’s vehicle. Whilst carrying out duties in The Client’s vehicle for the Client, fuel will be paid for by The Client. If the vehicle is used for employee’s own purpose, this must be agreed beforehand and will always be at the discretion of The Client. If excess mileage occurs whilst the employee is using the vehicle for their own purpose (over 10 miles per day). Then fuel costs will be recovered at 40p per mile.
13. NOTICE OF TERMINATION:
During the probation period both parties will be
expected to give 10 days’ notice after which 2 months’ notice will be required,
in writing, subject to obtaining a replacement.
14. CONFIDENTIALITY:
All
information regarding The Client, The Client’s family and The Client’s domestic
or personal circumstances is strictly confidential and must not be discussed
with a third party without the Client’s specific permission, unless in an
emergency situation. Any information you may hear whilst working is not to be
shared, unless this has been agreed with The Client.
The Client will hold personal information about you within personnel records. The employer will abide by GPDR and the Data Protection Act and associated regulations. The Client will only disclose this information relevant third parties such as, HM Revenue and Customs.
15. GRIEVANCE PROCEDURE:
If
you have a grievance, you should comply with the grievance procedure as stated
below:
15.2) Stage two: The Client will then send a written response within 14 days of receipt of your written issue. If are not satisfied with the second response, you may ask for a review.
15.3) Stage three: The Stage 3 Appeal/Review will be held privately either via documentation or meeting and an independent person will be obtained to hear the issues. Any additional parties attending subsequent meetings (stage three and four), to support either party, must be confirmed in writing, at least 48 hours before the meeting date. The independent persons ruling will be final and the outcome will be confirmed to you, in writing, within 5 working days of your The Stage 3 Appeal/Review meeting date.
15.4) Stage four: If you are not satisfied by the outcome from the Stage 3 Appeal/Review, arrangements will be made to involve ACAS for adjudication. An employee and The Client will both have the opportunity to have a colleague or other representative person in attendance at any subsequent meetings. Any additional parties attending subsequent meetings (stage three and four) must be confirmed in writing, by either party, at least 48 hours before the meeting date.
For more information contact ACAS on 08457 47 47 47 or see their Grievance procedure guidance on www.acas.gov.uk/index.aspx?articleid=820
An employee will always have the right to take legal action should they wish to do so.
16. DISCIPLINARY PROCEDURE:
If
certain behaviour seems unacceptable, please advice and it will be rectified
wherever possible. In line with the Mental Capacity Act, a decision which you
may think is wrong can still be acceptable if the person making the decision
has the capacity to do so. A bad decision is not a necessarily a wrong
decision. If clear instruction is given it is okay to say you are unable to do
that for various reasons, however, if the client insists and unless there is a
specific legal/ acceptable reason for not doing as asked, this will be
considered a disciplinary matter.
In cases of problems, depending on the seriousness of the breach of terms and conditions of contract or conduct and performances of your duties, one of the following disciplinary actions may be taken:
16.1) A verbal warning which will be confirmed to you in writing and recorded in your personnel file for a period of 6 months.
16.2) A first written warning, which will be confirmed to you in writing and recorded in you personnel file for a period of 12 months.
16.3) A final warning which would be confirmed to you in writing. Further misconduct could lead to dismissal and recorded in your personnel file for a period of 12 months.
17. DISMISSAL:
In
case of gross misconduct there will be no period of notice given.
During the employee’s probationary period or first year of employment, only one warning is required before dismissal.
Before any of the above actions are taken you will receive a written letter which will detail the alleged misconduct and invite you to a formal Dismissal Meeting to discuss the matter. You will have the right to be accompanied to the meeting by a work colleague or a trade union representative. After the meeting you will be informed if any further action will be taken. You have the right to appeal but must do so within 10 working days of receipt of the notification of the decision.
18. THE WELLBEING OF THE CLIENT:
It is
understood, with great compassion, that employees may have difficulties in their
personal lives- everyone will have good days and bad days. The Client will
always try to be supportive and understanding to those who work with him. It is
also important that you are aware of The Client’s own physical health and
mental health needs. Constant negative discussions/attitudes at work or with
The Client is detrimental to The Client’s health.
Minor issues will be dealt with and resolved informally. Please inform The Client that you have an issue and wish to discuss and ensure that this is raised between 9:00AM-5.00PM, Monday- Friday. Discussing ‘in passing’, whilst carrying out duties, does not equate to having informed the owner.
Repeatedly coming to work with a negative or bad attitude, unless a genuine reason (medical, or emotional matter/issue) may be considered a disciplinary issue.
This contract is governed by the laws of England.
This contract is between:
[INSERT YOUR FULL DETAILS]
AND
[INSERT NAME & ADDRESS OF EMPLOYEE]
EMPLOYER NAME: [insert your name]
SIGNATURE:
DATE:
EMPLOYEE NAME:
SIGNATURE:
DATE:
Care and Family Contacts
[AS AT: DATE]
YOUR DETAILS
IN CASE OF EMERGENCY CONTACTS (ICE):
§ ICE1:
[NAME/TEL NUMBER]
§ ICE2: [NAME/TEL NUMBER]
(General Practice) Doctor:
Care Plan and Specific Duties
CP1) Client Details:
GIVE YOUR DETAILS AND MAIN HEALTH RELATED ISSUES
CP2) Daily/Weekly Rota and Shift Pattern:
A
hard copy of the staff rota is available on request. Your contract day and overnight shift hours,
along with further information regarding your working hours, can be found in Section
7 of your employee contract.
If
you wish you request annual leave, please follow the procedure detailed under Section
10 of your employee contract.
CP3) OUT AND ABOUT:
Please check the online calendar prior to travelling to work. If there is an external meeting, appointment, or day outside of the home environment, please dress appropriately and professionally.
CP4) General Rules:
The
duties below are not exclusive and CLIENT retains the right to amend or add to
this list, within reason and scope of the role, as and when he becomes aware of
them.
The number one priority must always be CLIENT, household duties and equipment, as outlined below. Personal or private conversations or use of technological items such as mobile phones and tablets will be monitored for non-professional overuse. If the duties listed aren’t completed for these reasons, disciplinary action will be taken.
The duties outlined have been allocated and form the expectations of your role during your shift. Any duties outstanding or missed on a regular basis will be brought to your attention and dealt with appropriately.
Please
ensure that CLIENT is offered hydration at least every 30 minutes during waking
hours.
CP6) Morning Routine: [INSERT DETAILS]
MEDS/TREATMENT LIST
[ADD LIST OF MEDICENES, WHEN TO BE TAKEN AND
DOSAGE]
[ADD HOW TO USE EQUIPMENT, REFER TO MANAULS TRAINING,
ON LINE RESOURCES]
CP7) Breakfast:
CP8) Daily
Jobs for Morning Shift:
CP9) Afternoon
Routine:
CP10) Daily
Jobs for Afternoon Shift:
EXAMPLES:
§
Check fridge for out of date food to be disposed. Use
plastic tubs for storage and clean up any mess. This may include an occasional
deep clean if required.
§
Check to see if laundry/washing needs doing (Bed sheets
should be changed on Fridays, and towels replaced/washed on Saturdays).
Hang any clean washing outside,
except for in bad weather.
§
Check the fruit bowl and breadbin for empty or out of
date food, to be disposed.
§
If a food item is disposed, and needs replacing, add to
shopping list/check list and go to the shop for items if required.
§
Wipe down all surfaces in kitchen. This may include an
occasional deep clean, including cupboard fronts, if required.
§
Hoover all rooms if required.
CP12) Evening Routine:[INSERT DETAILS]
Shopping will be usually be
completed online.
You
may be asked to do this if required or arrangements may be made to go shopping with
CLIENT to buy food for meals. Occasionally, CLIENT may ask you to pick up
something up on your way to work.
Please
keep an eye on quantities of bread, milk, eggs and cheese and alert or purchase
when running low.
You
may be asked to purchase small food items, and claim monies back.
If
on evening shift and you know bread or other essentials is running low, please
text via WhatsApp to let the morning shift care staff, know that these
essentials are required.
If going out for the evening, pre-arranged, available on calendar alerts or impromptu, this may involve going out to eat, going for a drink, to the cinema or theatre.
If going out please check Ensure ALL EQUIPMENT THAT MAY BE NEEDEED IS TAKEN
If staying at home (PM into overnight shift), please check and complete if required: ironing, bins, cleaning or any additional requested/ outstanding jobs that may require finishing.
CP12) Routine for Bed:[INSERT DETAILS]
CP13)
Daily Evening Shift Duties:
EXAMPLES
§
Check CLOTHING for cleanliness. If unclean, ensure they
are place with dirty washing for cleaning. Trousers will require change/
washing at least every 2/3 days.
§
Check wheelchair cushion for cleanliness. Wash if
unclean. Ensure that the cushion is cleaned thoroughly, at least once a week.
§
Ensure the track ceiling hoist on charge (green light
displayed).
§
Check meal plan for next day, and if required defrost
meat etc. overnight in the refrigerator.
§
Ensure all utensils cups and other items are dried and put away.
§
Always check the power chair at end of night for
charge. If run down to one bar, put on charge and check charging initiated.
§
Check all windows and doors are locked and secured.
§
Check bed/care call alarm and make sure it’s on and in
working order.
§
Ensure all areas are clean and tidy.
§
Ensure kitchen sink (and plughole) is clear and all
utensils are dried and put away.
CP14) Overnight:
When
called, verbally or via care alarm [SPECIFIC INTRUCTIONS]
CP15) General House and Staff information
EXAMPLES
BATHROOM: Must be kept clean and toilet rolls replaced, empty
rolls should be placed in the bin. During the AM shift, overnight or after use,
please ensure toilet is clean and bleached. Ensure the sink is clear and clean
and the bathroom floor is clean and dry.
FRIDGE: It is everyone’s responsibility to ensure that the fridge and freezer are kept clean and any out of date food is disposed of.
Generally
once something has been opened or defrosted it must be eaten within 48 hours.
Please check packaging for dates and defrosting instructions.
If the date is past its use by it must be got rid of, the day after the displayed date.
If
the date displayed is best before it
will generally be ok to eat after the date on the product but as time goes on
it will not taste its best.
Again
generally leave things with best before at least a week, but again check
instructions.
The fridge should be cleaned at least thoroughly once a month.
This
means taking everything out including shelves and trays washing all parts
thoroughly with hot soapy water and then drying and reassembling.
OVEN: Once used, please clean thoroughly after each occasion. A deep clean of the oven should occur at least once a month. This includes any oven trays that are stored within the oven.
BINS: Room/internal bills around the house can be emptied as and when required/daily (bathroom, bedroom and living area).
The
main kitchen bin is located near the back door must be emptied before they get
full.
The
external bins are to the left hand side of the property, in the garden area.
Please comply with the refuse instructions (i.e. recycled items), as you would
in your home.
Internal
bins, should be washed out with hot water and bleach, once a month.
HOOVER: Please empty regularly. Once a month, please clean/wash thoroughly, including filters (dismantle, wash, dry/air and reassemble).
GROUND/HOME EXTERIOR: At least once a month, weed as required.
DAMAGES: Any structural damages, damage to equipment attached or freestanding (including disability aids) or items belonging to CLIENT and/or the property, must be reported. Arrangements for repair to the damage lies with the person responsible for the damage.
There
is also a list of useful and additional contact information, including
contractors such as heating engineers, included within Section CP22 of the care
plan.
If
you are unsure of how to report or arrange repairs, ask for advice from the
team or CLIENT.
FOOD AND DRINK:
I
refer to Section 12 of your employee contract regarding meal and refreshment
provisions.
USE OF OTHER ITEMS: CLIENT is generally happy for most carers to use most personal items within the home environment. Once used/borrowed, they must be returned to the place found or replaced (if use is regular).
Excessive
or regular use of items is not allowed, if unsure please check.
(CP16) Additional Duties on Rota:
EXAMPLES
Weekly
§
Bins empty and clean
§
Empty take apart and clean Hoover and put back
together.
§
Bathroom tiles clean and sink and toilet and beech
clean floor Wash commode chair down and clean. Remove all items from bathroom
window shelf clean and put back as well as ducks.
§
Wash kitchen floor
§
Check Washing machine clean drawer remove wash.
§
Dust surfaces using bowl hot water liquid and
cloth
§
Change Bed sheets and towels
§
Ensure van is clean inside and tidy fuelled up
§
Empty and wash teabag bin.
§
Wash wee bottles in tub soak in hot water with mild bleach
solution.
§
Tidy towel cupboard if necessary
§
Clean wheelchair dry cloth round all metal parts.
Monthly
§
Empty fridge and clean take everything out wash shelves
in hot soapy water and put back
§
Wash down cooker and clean oven thoroughly
§
Move furniture in front room settees armchair Hoover
behind.
§
Dust using hot water and towels doors windows skirting
boards.
§
Check ceilings for cobwebs.
§
Check hoist and charge as necessary (in shed).
§
Check smoke alarm
Tri Monthly
§
Clean all windows inside and out
§
Walk round house sweep and pull weeds as
necessary.
§
Wash outdoor bins
§
Brush down and wipe white bars at front.
§
Dust hover under bed.
§
Get van washed.
§
Empty kitchen cupboards wipe down inside and tidy.
§
Check and tidy under sink cupboards.
§
Defrost freezer empty and wash and dry.
If there
is an issue with any moving and handling please advise the employer before
commencing the work.
time, date, details of incident, action taken (including
medical) and the persons involved/witnesses.
Once this has been completed the person must
advise the person responsible or an independent nominee.
The person responsible will then investigate and
discuss the matter with the person(s) involved to assess damage and if
further investigation or change in process is required. Any comments of
findings or outcomes will be noted in accident book.
(CP18) Things to do in an accident requiring First Aid
The first priority is always
A B C Check
person’s:
Airways - so not choking on anything's if so remove obstruction by
appropriate method either Heimlich maneuver or removal via hand or using the
cough machine as appropriate.
Breathing - check person is breathing, is chest moving? Can you
hear or feel air coming from the person’s mouth or nose? If not then start CPR,
Consciousness
- check to see if conscious and move in recovery position
if necessary or if possible you can. But only if no obvious structural damage
to person if any bones broken or person in pain do not move unless the
person can’t breathe.
Check to see if obvious signs of bleeding.
If so get first aid box (in second cupboard in hallway) use appropriate
dressing and apply pressure.
If
something is sticking out of wound do not remove as this could cause arterial
bleeding. Instead wrap and apply pressure around protrusion.
Phone 999
Phone ICE 1
(CP19) Useful
Information
NAME:
DOB:
ADDRESS:
MEDICAL
CONDITIONS:
§
§
MEDICATION
DETAILS:
A list of up to date medication can be found [WHERE]
Care and Family Contacts
§ ICE1:
§ ICE2:
(CP20) Other
Useful Telephone Numbers
Heating and Building:
Electrical:
Housing related- Hedge/Bins:
Emergency Repairs (Weekends/Evenings):
Doctor Surgery:
Medical specialists for specific
conditions:
Chemist:
Motabilty (Van/General):
VRN:
[number plate]
Vehicle
Type: [make model]
RAC (Motabilty) Breakdown
Cover:
NRS (Hoists, Shower Chair/Bed):
Electricity/ Gas:
Water (Water):
MOBILE/INTERNET:
07836 191191
Wheelchair:
Social Services:
NHS Health Budget:
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