Hi,
I'm disabled and have employed a carer on
a probationary period of three months starting on the 16th July 2018, as her
employer can I dismiss her without giving a reason? I need everything done for
me, when washes me she drips sweat onto me, I refuse to eat when she on duty,
she is unsteady on her feet I her witness her neatly falling over quite a few
times and am getting quite frighten of her. Social Services told me that if I dismiss
she could sue me and that I will have to pay out of my pocket which I can ill
afford. Can anyone advise me on what to do? Please find a copy a contract which
she has signed. Kind regards, Martie.
Contract of Employment
Statement of main terms of employment
Employer:
___________________________________________________________
Address
of employer: __________________________
Employee:
____________________________________________________________
Address
of employee: ________________________________
Any
work undertaken by the Employee for the Employer which occurred prior to the
commencement of employment under this contract does not count as part of your
continuous period of employment.
The Employee
commences employment with the Employer on _________ under the following terms:
Job
title and place of work
You are employed as a Personal Assistant.
Your usual place of work will be at _________________________________
and when requested you will work away from the usual place of work either
accompanying the Employer or independently of.
Your specific duties and responsibilities are
set out in the job description.
The Employer may from time to time, require you
to carry out other duties either on a temporary or permanent basis.
Probationary
Period
There will be a probationary period of ____
months. At the end of this period the Employer and the Employee will meet to
review the position. If the Employee’s performance is satisfactory the Employee’s
continuing employment will be confirmed in writing.
The Employer may terminate your contract for any
reason during the probationary period. During this period you will be entitled
to one week’s notice of termination. A payment in lieu of notice may be paid in
accordance with clause 7.4.
The Probationary period may be extended, with
reason, by the Employer if necessary. During the Probationary period the
employment may be terminated by either party giving one week’s notice.
Hours
of work
You are contracted to work a minimum of _____
hours per week which will include:
____ Hours
during weekdays
___ Hours
during weekends
_____ Sleepover
hours
The Employer reserves the right to vary your
start and finish times and the number of hours worked on any given day. You may
be required to work overtime including weekends and on bank holidays according
to the Employer’s needs.
You are required to make yourself available to
cover shifts of absent Employees through sickness and holidays and the Employer
will endeavour to provide reasonable notice of any request for additional
hours.
Rates
of pay
Current rates of pay are:
£________ per hour Monday to Friday
£ _______ per
hour Saturday and Sunday
Bank Holidays will be paid at £
______________
You must complete a weekly / monthly time
sheet to be submitted to the Employer no later than _____ in order that the
Employer can sign and authorised the hours claimed and calculate your wages.
Payment will be delayed if the time sheet is submitted after this date.
The Employer may, in addition to National
Insurance and/or PAYE, deduct from your wages any overpayment made or sums that
you may owe the Employer from time to time.
You will not be paid for any overtime worked
that has not been expressly agreed with the Employer in advance of the shift.
Payment will not be made for any hours where you
have been absent from work without the express authority of the Employer. This
applies to hours comprising a whole shift or part of a shift.
Holiday
Entitlement
The holiday year runs from
__________________________ to ___________________
The Employee is entitled to 5.6 weeks’ of
holiday per year which accumulates pro-rata for each week worked. A week is
equivalent to the numbers of hours/days usually worked per week. Bank holidays
are included within your entitlement.
You are not permitted to carry over any unused
holiday entitlement from one holiday year to the next.
You must give your Employer two weeks’ notice of
your intention to take annual leave which will be granted at the sole
discretion of the Employer and may only be taken with the Employer’s consent.
Taking leave without the Employer’s express consent may be considered
unauthorised absence and result in non-payment of wages for the relevant period
and subsequent disciplinary proceedings.
Bank
holidays may be taken as annual leave but otherwise you will be expected to
work them where they fall on a working/rota day.
The Employer reserves the right to ask you to
take two weeks paid annual leave at a time to be determined by them.
In the event of
termination of employment, you will be entitled to holiday pay calculated on a
pro-rata basis in respect of all annual holiday already accrued but not taken
at the date of termination of employment.
If on termination of
employment you have taken more annual holiday entitlement than you have accrued
in that holiday year, an appropriate deduction will be made from your final
payment.
Absence
If the Employee is unable to attend work because
of sickness or any other reason they must inform the Employer personally, by
telephone, as soon as they are aware of their inability to attend so other
arrangements may be made.
Notification of absence for any reason by
text message is not an accepted method of communication. Failure to follow
an acceptable notification procedure may be considered misconduct and may result
in disciplinary action.
Unauthorised absence may be considered by the
Employer to be gross misconduct and may result in the termination of your
employment without notice.
The payment for sick pay will be Statutory Sick
Pay according to the prescribed rate, which will be paid providing the Employee follows these procedures:
Inform the Employer as soon as the Employee knows
they will not be able to come to work and in any event not less than two hours
prior to the shift start time;
If the Employee is off sick for more than three
days they are required to complete a self certificate form;
The Employee will be required to provide a
Medical Certificate if they are absent for more than seven days;
For the purposes of the Statutory sick Pay
scheme the agreed qualifying days are Monday to Sunday;
There is no contractual right to payment in
respect of period of absence due to sickness or inability to attend work.
Notice
period
After you have successfully completed your probationary
period your Employer will give you written notice should he intend to terminate
your contract of employment as follows:
One
week’s notice if you have been continuously employed for up to two years
One
week’s notice for each completed year of employment when you have worked
more than two years (up to a maximum of
12 weeks)
You are required to give the Employer a minimum
of _____ weeks’ written notice of your intention to terminate your employment.
Nothing in this contract prevents the Employer from
terminating your employment summarily or otherwise in the event of any serious
breach by the Employee of the terms of your employment or in the event of any
act of gross misconduct or gross negligence by you.
The Employer reserves the right in their
absolute discretion to pay your basic salary in lieu of notice instead of
requesting that you work your notice. In the event your employer chooses to pay
in lieu of notice your employment will be terminated on the date you receive
the notice and payment will be made on the next periodical payroll date.
In the event that you refuse to work your period
of notice it is expected and therefore agreed that the employer will suffer
additional losses arising from the appointment of an agency at a cost greater
than your rate of pay. That so it is agreed that in the event of your refusal
to work all or part of your notice period the Employer reserves the right to
deduct from your final salary a
sum equal in value to the salary payable for the shortfall in the period
of notice.
Confidentiality
and Security
The Employee must respect the privacy of the Employer
and their family. The Employee must maintain a professional approach at all
times, keep information gained in the course of their employment confidential
and specifically should not discuss the Employer’s household, domestic or
health situation with others.
Breach of condition 8.1 will be treated as gross
misconduct for the purposes of disciplinary action and may result in termination
of your employment contract.
Driving
licence
It is a condition of your employment contract that
you hold a driving licence valid to use in the United Kingdom appropriate to
the classes of vehicle that you may need to drive in performing your duty. If
you receive any endorsements, are disqualified from driving or otherwise lose
your licence, if you believe you have a medical condition that may affect your
ability to drive, you must inform your Employer immediately. If you lose your
licence or develop a medical condition that the Employer believes affects your
ability to drive safely your employment may be terminated.
Lay
off and short time
10.1 In the event that the Employer
is admitted to hospital, residential care or respite on a temporary basis and
is no longer in need of your services during this period of time, they reserve
the right to impose a period of layoff and withhold payment of your usual salary.
Where preferable to the Employer you may
be placed on short time working and your salary will be paid only for hours
worked.
10.2 Any annual leave which
has been accrued may be taken during a period of lay off and a Guarantee
Payment will apply in accordance with statutory provisions.
Disciplinary
and Grievance
These
procedures are not contractual. Disciplinaries will be held in accordance with
any procedures and policies which may be provided from time to time or in the
alternative in accordance with ACAS codes of practice.
Grievances
should be presented to the Employer in writing who will endeavour to respond
within a reasonable time frame. Grievances will be head in accordance with
policies and procedures which may be issued from time to time or in the
alternative in accordance with ACAS codes of conduct.
Trade
Unions
You have the right to join a trade union. There
are no collective agreements relevant to your employment.
Pensions
When required the Employer will comply with
the employer responsibility to operate a qualifying contributory pension scheme
to which you will be auto-enrolled into, subject to the conditions of the
scheme.
A qualifying scheme is a pension scheme which is a qualifying
scheme for the purposes of section 16 of the Pensions Act 2008.
The Employee shall pay such contributions to
the Scheme as may be required by the rules of the Scheme as amended from time
to time. The contributions shall be made by way of deductions from the
Employee's salary.
I
have read the above statement of conditions of employment and understand the
conditions and agree to abide by them.
Signature of Employee
___________________________________ Date
_______________________
Signature of Employer
___________________________________ Date _______________________
Signed on behalf of
_________________________________________________________________
If you are signing on behalf please answer the
questions below.
Relationship to Employer (appointee or power of
attorney) ______________________________________
_________________________________________________________________________________
Name
_____________________________________________
Address
______________________________________________________________________________________
____________________________________________________________________________________
Telephone number
___________________________________
