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Statement of Main Terms and Conditions of Employment
(service user is not employer version)
In compliance with the Employment Rights (Northern Ireland) Order 1996, this statement sets out certain terms and conditions of your employment contract which are relevant as on the ………………….(date of issue of contract).
Name of Employer: ...................................................
Name of Service User .........................................
Address (if different): ................................................
Name of Employee: ...................................................
Date of Commencement of Employment
Your employment, as the Employee, starts/started on.......................... and no previous period of employment counts towards this period of employment for the purposes of calculating your continuous service.
Period of Employment
Your employment is permanent, subject to the satisfactory completion of aprobationary period of .......... month(s)(minimum one month) and the Special Term of Employment outlined below. Provided a satisfactory standard is achieved and maintained during this period, your employment will be confirmed. In the event of unsatisfactory progress, your employment will not be regarded as confirmed and will be terminated either during or at the end of the probation period.
Your employment is temporary and is expected to continue for..................... (insert period of likely duration in weeks or months or specify an event which will terminate the period of employment). However, circumstances may dictate an earlier termination or, by mutual agreement, an extension to the period.
You are employed as a Personal Assistant.
Your duties are as
outlined in the job description which is attached to this document
OR verbally agreed with the Employer.
Special Term of Employment
With regard to both the Period of Employment and Job title provisions outlined above, your employment is subject to the assessed care needs of the Service User and the related funding for it. In the event of a further or revised assessment of the Service User's needs, the Employer will notify you within seven days of the revised assessment if your job description or period of employment is to change. If the funding is reduced or withdrawn, this may result in the reduction or termination of employment.
Place of Work
You will be required to work mainly ........................... (insert venue, normally the Service User's residence). The requirement however to provide support duties to the Service User will involve accompanying the Service User to various places and/or travelling to other venues to collect items such as medication/shopping etc.
Rate of Pay
Your rate of pay is currently £.................. gross per hour as itemised on the payslip, which you will receive with your pay.
The pay week ends on..................... (normally Friday?) and you will be paid weekly, in arrears, on.......................... by cash/cheque/credit transfer.
You will be paid monthly, in arrears, on................/every 4th week by cash/cheque/credit transfer.
Hours of Work
Your normal hours of work are........... hours per week. You will usually work from .................. to ........................ on................ (insert "each day" or the specific days of the week on which the employee is normally to work).
Depending on the Service User's needs, the Employer will let you know in advance what hours you are needed to work.
You are entitled to a break of 20 minutes on any day on which you work for more than 6 hours. The timing of breaks will be dictated by the events of the day but the Service User/Employer will endeavour to be as flexible as possible. The break will be unpaid/paid.
Punctuality and Reliability
You must arrive at your agreed starting time. If you are delayed for more than 10 minutes, please inform the....................... (insert "Service User" or "Employer" as appropriate) by telephone. Please do not arrive more than 10 minutes earlier than the agreed starting time. It is very important that you are reliable and attend work regularly.
Additional Hours of Work
You may be asked from time to time to work additional hours to assist with the care needs of the Service User including, for example, to cover for other staff on sick leave or holiday. The Employer will provide as much notice as possible if this is required. You will be paid at your normal rate of pay for any additional hours worked
The holiday year runs from................... to........................... (You can choose any yearly period but it will normally run from 1 April to 31 March.)
You will accrue 5.6 weeks pro rata equivalent to your average working week for each complete year of service. Part years will be calculated on this basis e.g. if you commenced this employment after the beginning of a holiday year or leave partway through the holiday year, you shall be entitled in that holiday year to annual holiday (with pay) proportional to your length of service.
(Optional) The Employer will specify when you are required to take.................. weeks out of your holiday entitlement and will give you.................... weeks’ notice
On Termination of Employment
You shall be entitled to annual holiday with pay, or pay instead of, proportional to your length of service in that holiday year, less any annual holidays you have already taken. If you are leaving this employment and have taken more leave and you have earned, the Employer will recover from your final pay the money equivalent to the excess leave you have taken.
Annual Holiday Arrangements
You shall be required to give............... days’/weeks’ notice of any holidays which you wish to take and you should check with the Employer to ensure that it suits before you book any holidays.
There may also be occasions when the Employer may require you to take some of your holidays e.g. at times when the Service User will be in hospital or in respite care. The Employer will endeavour to give at least a day's notice of any requirement to take such holidays but there may be occasions when the Employer will be unable to give advance notice.
During the first year of employment, holiday leave should be accrued in advance unless exceptionally agreed between you and the Employer.
You must take all of your holiday entitlement within the holiday year and no carryover of holiday leave is permitted
You may carryover up to...................... into the next holiday year. (Maximum 1.6 weeks.)
During holidays, an Employee will be entitled to holiday pay at their current hourly gross rate of pay, subject to deductions for income tax and NICs.
(Under the UK Pensions Act 2008, the Employer has a legal requirement to help an Employee save for his/her retirement by automatically enrolling him/her, if eligible, into a workplace pension scheme and contributing towards it. The Employer should consult his/her Independent Living Adviser at CILNI to find out the wording to include here, depending on the circumstances in each case.)
Notice of Termination
If you have one month’s continuous service or more and you wish to terminate your employment, you are required to give the Employer one week’s notice of your intention.
If you have one month’s continuous service you are entitled to receive one week’s notice in the event of termination. This increases to 2 weeks after 2 year’s continuous service and then by a further week for each completed year of continuous service, up to a maximum of 12 weeks.
In the case of gross misconduct, you will be dismissed summarily i.e. without notice and without payment in lieu of notice.
There are no collective agreements which directly affect the terms and conditions of your employment.
Requirement to work outside the UK
You are not required to work outside the UK. There may be occasions when you may be asked to accompany the Service User outside the UK e.g. to the Republic of Ireland. You are not under any obligation to accompany the Service User if you do not wish to do so.
If you are unable to work due to illness, please inform the Employer as soon as possible to allow the time to make alternative arrangements. Please contact the Employerby telephone as soon as you realise that you will be unable to work owing to ill-health. If the Employer is unavailable, please leave a message. Full details of notification and certification requirements are set out in the attached Appendix 1 to this document. You are required to make yourself fully aware of the contents of this appendix. If you meet the qualifying conditions, you will be entitled to Statutory Sick Pay.
It is very important that you respect the privacy of theService User and the Employer and that of their family/families, friends and neighbours. It is your responsibility to keep any information gained about the Service User and the Employer, or anyone else associated with them, in the course of his employment strictly confidential. You must not discuss or refer to the personal business of theService User or the Employer with any other person.
A reasonable attitude toward your responsibilities during working hours is expected, especially as the place of work is likely to be the Service User's home.
In particular, you are asked to:
- Respect confidentiality and privacy as indicated above.
- Perform the tasks outlined in your job description to a competent standard.
- Except with the Employer's express permission, switch off your mobile phone whilst you are on duty.
- Notifying the(insert "Service User" or "Employer" as appropriate) as early as possible if you are unable to attend work.
- Respect the Service User's home and personal property. If you move any item in the Service User's home from where you found it, please return it before you leave.
- Use any equipment in a safe manner. If you are not sure how to use any particular item of equipment, please ask for guidance and instructions.
- Make the Employer aware of any issue related to working in this employment that may compromise the health and safety of you or anyone else.
- Be aware that there may be times when you are on duty, that you will be required to wait for the Service User if the Service User is busy.
- Be able to make your own way to work.
- Be prepared to work additional hours as and when required.
- Report any accidental damage to the Service User's home or personal property to the(insert "Service User" or "Employer" as appropriate) immediately.
- Provide a telephone number (or numbers) on which you can be contacted.
You must not:
- Use the Service User's property without (insert "Service User’s" or "Employer’s" as appropriate) consent.
- Arrive for work under the influence of alcohol or illegal substance.
- Bring anyone, including children, to the Service User's home without the (insert "Service User’s" or "Employer’s" as appropriate) prior agreement.
- Bring pets or other animals to the Service User's home.
- Give the Service User's or the Employer’s telephone number or contact details to anyone without permission.
- Smoke inside the Service User's home.
Disciplinary and Dismissal Procedures
The disciplinary and dismissal procedures are non-contractual and are set out in the attached Appendix 2 to this document. You are required to make yourself fully aware of the contents of this appendix. The Employer reserves the right to vary these procedures in line with revisions to the minimum Statutory Procedures. If you are of relatively short service, the procedure may be shortened and you may be dismissed with due notice for a first breach of discipline.
The procedure for raising any grievance is set out in the attached Appendix 3 to this document. You are required to make yourself fully aware of the contents of this appendix.
Changes in Terms and Conditions
From time to time your main terms and conditions of employment may be subject to change (e.g. by mutual consent or changes to the statutory employment law). Should any change be agreed between us, this will be confirmed within one month from the change taking effect, by written notification.
By signing this document I, as the Employee, acknowledge receipt of this Statement together with copies of Appendices 1, 2 and 3.
For the purposes of the Working Time Regulations (NI) 1998 (as amended), it is agreed that the sections on holidays, including holiday entitlement, annual holiday arrangements and holiday pay of this Statement constitute a relevant agreement and treated as agreed in writing: –
Doc/WTAR/21 February 2011
Appendix 1 (Service User is not Employer version)
The Employer recognises that a certain level of absence may occur due to sickness and ill-health.
Absence Notification and Certification Procedures:
Statutory Sick Pay
- If you, as an employee, qualify, Statutory Sick Pay (SSP) is payable for up to 28 weeks of sickness absence.
- For SSP purposes, Qualifying Days in this employment are (insert the qualifying days or contact your Independent Living Adviser in CILNI for assistance)
- An employee, absent from work due to illness or injury, will be paid SSP provided the qualifying conditions for receipt of SSP are satisfied; and provided that the requirements in respect of notification and supply of evidence of incapacity as set out below are fully met.
- If you are absent from work due to illness, injury or any other reason, you must ensure that you advise the Employer of the nature and expected time you will be absent. This must be done by telephone as soon you become aware that you will be absent but not later than as early as possible on the first day of absence.
- If your illness extends beyond seven calendar days, you must contact the Employer again by telephone on the eighth day of absence, reiterating the nature of the illness and the expected further time you will be absent.
Evidence of Incapacity
- If you are ill and your absence extends beyond three working days, you must present to the Employer a completed HMRC self certification form SC2. This form is available from Doctors' surgeries and should arrive as soon as possible but not later than the eighth day of absence.
- If your absence extends beyond seven calendar days, you must submit to the Employer a Statement of Fitness for Work covering absence from the eighth calendar day. This Statement is available from Doctors' surgeries and should be forwarded to the Employer as soon as possible after the eighth day of your absence.
A Statement of Fitness for Work will advise on one of two options i.e. you will be either "not fit for work " or you "may be fit for work".
"Not fit for work"
Your doctor will choose this option when they believe that your health condition will prevent you from working for a stated period of time.
"Maybe fit for work"
Your doctor will choose this option when they believe that you may be able to return to work while you recover with some help from me, as your employer. Your doctor may include some comments which will help the Employer understand how you are affected by your condition. If appropriate, they may also suggest one or more, ways to help you return to work. These could include:
- A phased return to work – where you may benefit from a gradual increase in your work duties on working hours e.g. after an operation on injury.
- Altered hours – allowing you the flexibility to start or leave later e.g. if you are fatigued and may struggle to work later shifts. This would need to be negotiated with the Employer to ensure that your absence outside your working hours can be covered in some other way.
- Amended duties – to take into account your condition e.g. avoiding heavy lifting if you have a back injury.
- Reasonable changes to your working conditions, taking into account your condition.
Continued absence must be covered by further statements from your doctor on a regular basis.
Unacceptable delays in notifying the Employer or failure to provide evidence of incapacity may result in the withholding of any SSP due.
5) A person who knowingly makes a false statement on HMRC self certification form will be dealt with in accordance with the Disciplinary Procedures.
Doc/WTAR/21 February 2011
Appendix 2 (Service User is not Employer version)
Disciplinary and Dismissal Procedure
If the Employer is considering taking disciplinary action against you or dismissing you, the Employer will inform you in writing of the allegations. the Employer will arrange a meeting with you to give you and the Employer both the opportunity to discuss the allegations before the Employer makes any decision. The Employer will provide all relevant information to you in advance of the meeting. You will have the right to be accompanied by a work colleague or a (paid or lay) trade union official. After the hearing, the Employer will inform you in writing of the Employer's decision and will invite you to appeal if you are dissatisfied with the decision.
If you decide to appeal, you should do so to the Employer in writing within five days of receipt of the Employer's decision. The Employer will arrange to hold the appeal meeting as soon as possible following receipt of the written request. You again have a right to be accompanied by a work colleague or (paid or lay) trade union official at the appeal meeting.
The Employer reserves the right to suspend you on full pay pending an investigation into an alleged incident. Suspension is not a sanction in itself, it is merely a holding measure pending further investigations.
The Employer will inform you in writing of the Employer's decision regarding the appeal and will endeavour to do this as promptly as possible.
This above procedure will be followed when the Employer is taking disciplinary action for both minor and more serious issues.
If you are found guilty of misconduct which the Employer considers to be minor in nature, you will receive a:
- Recorded oral warning (expiring after six months) on the first occasion.
- Written warning (expiring after nine months) on the second occasion.
- Final written warning (expiring after 12 months) on the third occasion.
- Termination of contract of employment – final stage.
If however you are found guilty of a more serious issue, you will receive a final warning for the first offence and dismissed on the second occasion.
If you are found guilty of an offence which the Employer considers to be gross misconduct, you will be dismissed on the first occasion.
The following are examples of issues which the Employer will consider to be gross misconduct:
- Threatening behaviour towards the Service User, the Employer or anyone else.
- Verbal abuse towards the Service User, the Employer or anyone else.
- Wilful damage to, or destruction of, the Service Users personal property or home.
- Serious breach of confidentiality.
- Fraud or theft from the Service User or the Service User's family, friends and neighbours.
- Arriving for work under the influence of alcohol or illegal drugs.
- Obscene or totally inappropriate behaviour.
- Serious disobedience of the Service User’s or the Employer’s instructions (including conduct which undermines the Service User's self autonomy and independence).
- Deliberately or knowingly compromising the Service User's safety or that of anyone else.
Breakdown of working relationship
Due to the nature of this employment relationship it may be untenable to continue employment in circumstances whereby the personal working relationship is no longer sustainable. If such circumstances arise, the Employer will take appropriate measures to ensure you are treated fairly and a fair and thorough procedure is undertaken prior to making any decision to terminate your employment on this basis.
Doc/WTAR/21 February 2011
Appendix 3(Service User is not Employer Version)
The Employer will endeavour to address any grievance brought by you to the Employer's attention, by means of negotiation. If this informal approach fails, it is your responsibility to give the Employer a written explanation of the grievance you have in relation to working for the Employer.
On receipt of your grievance in writing, the Employer will arrange to meet you to discuss the issue or issues that you have raised. After the meeting, the Employer will advise you of the Employer's decision in relation to your grievance.
If you're not satisfied with the Employer's decision, you may request an appeal within five working days. the Employer will arrange to hear your appeal at a mutually suitable time and venue. After the appeal, the Employer will let you know the Employer's final decision.
If you have a grievance, the Employer would encourage you to discuss it with the Employer as soon as possible in order to attempt to resolve it at the earliest possible opportunity.
If this informal approach does not work or if you prefer to raise a grievance formally in the first instance, you should write to the Employer detailing your grievance. You should also provide the Employer with any information the Employer would need to allow the Employer to deal with the issue appropriately. When the Employer has received this, the Employer will arrange to meet with you to discuss the issue. You have a right to be accompanied at this meeting by a work colleague or a (paid or lay) trade union official.
After the meeting, the Employer will inform you in writing of the Employer's decision and, if you are dissatisfied with the decision, will invite you to appeal.
You should appeal in writing to the Employer within five days of receipt of the Employer's decision. the Employer will arrange to hold the appeal meeting as soon as possible at a mutually suitable time and venue following receipt of your written request. You again have a right to be accompanied by a work colleague or (paid or lay) trade union official and the Employer will take notes on this meeting.
The Employer will inform you in writing of the Employer's decision and will endeavour to do this as promptly as possible.
If the grievance is about the Service User or the Employer or a decision the Employer has made and the Employer feels it may be appropriate that the matter is heard by a 3rdparty, the Employer will inform you of this and request the grievance procedure be chaired by that party.
Doc/WTAR/17 February 2011