Example Contract of Employment – Direct Payment user as Employer
04- Example Contract of Employment
This offer of employment is subject to the receipt of two references (and an
enhanced criminal disclosure) which are satisfactory to me. It is also subject
to you (having a full driving licence/having the ability to transport me across
the county or the UK at short notice) and to the satisfactory completion of a
trial period.
This employment is subject to me receiving funding from third parties which
include the Independent Living Fund / Access to Work / Kent County Council
Direct Payments. I will only receive these funds if I continue to meet the
eligibility criteria as set by these third parties and for as long as they agree to
meet my support and assistance needs.
If my funding is reduced in any way, this contract will end according to current
employment law legislation or a new contract will be negotiated between the
signatories.
[For contracts that are intended to be temporary onlyPlease note this contract is a temporary contract to cover for one of my
normal carers who is on maternity leave/ long tem sick leave/ taking annual
leave and is for (a fixed term period of XXX months expiring on xx/yy/zz or
alternatively will last until my regular carer gives me notice of her return) at the
end of the above fixed term or alternatively when my regular employee
returns to work I expect that this employment to end in accordance with the
requirements of British Employment Law].
Employer:
(Your name and address)
Employee:
(The PA’s name and address)
Job title:
Personal Assistant
A job description is attached which outlines your main
duties. Please note that this is for information only and is
not intended to be contractual. You may be required to
undertake other duties from time to time as I may
reasonably require.
Place of work:
(Address where the PA will begin their day’s work from
e.g. your home)
Start date:
(Date the PA starts or will start working with you).
This is intended to be an example only and does not in any way take precedence
over the actual legislation or remove the need to obtain legal advice.
July 2013 – Section O4 Page 1
Example Contract of Employment – Direct Payment user as Employer
Continuous service: Your period of continuous service began on (start date).
No other employment will count towards your continuous
service.
Status:
You warrant that you are entitled to work in the United
Kingdom without any additional approvals and will notify
me immediately if you cease to be entitled at any time
during your employment.
Trial period:
This job is subject to a trial period of (one month). During
the trial period the contract can be ended by either of us
by giving one week’s notice.
Pay:
The current rate of pay is £x per hour (or £x per x hours).
You will also be paid at this rate when working public /
bank holidays and when working overtime.
You will be paid (weekly/monthly) by (cheque/by
bank/building society transfer). Pay will be (one week/one
month) in arrears.
If paid weekly I will pay you on (nominate day every
week) or if paid monthly I will pay you on or before the xx
(insert date) day of each month.
(You must always maintain a suitable bank or building
society account in which payment can be made and
ensure that I have the current details of it).
Advances on wages will not be made under any
circumstances.
You agree that I may deduct any sums of money that you
owe me for overpayment of wages, breakages caused by
your negligence or for financial losses caused by your
dishonesty or negligence from your salary.
Hospital Admission - If I become ill and need to stay in
hospital, you will be entitled to a 'retainer' payment of 50%
of your salary for up to 28 days. During this time you may
be asked to support me in hospital or continue to do
some work in my home for up to half of your normal work
hours.
If I am in hospital for more than 28 days, my funding may
be reduced or stopped and I will need to end the
employment and terminate the contract.
This is intended to be an example only and does not in any way take precedence
over the actual legislation or remove the need to obtain legal advice.
July 2013 – Section O4 Page 2
Example Contract of Employment – Direct Payment user as Employer
You would be entitled to any payments owing to you
according to current employment law e.g., redundancy.
Training
You may be required to attend training that I have
identified you will need.
I will pay for the time you attend a training course at an
hourly rate of [minimum wage / £x per hour] for those
hours which may be agreed as ‘overtime’ or I may ask
you to work flexibly e.g. to do half an hour less for a 4
week period to attend a 2 hour training course at my
discretion.
Working hours:
Your hours of work will be (number of hours) per week.
Examples:
(You will work 7.30am to 2.30pm, Monday to Friday)
(You will work 8.00pm to 8.00am, Tuesdays and
Thursdays)
(You will work 5 days per week, including weekends,
according to the rota).
(Your lunch/rest break must be taken between 1pm and
2pm). NB: A rest break of 20 minutes must be provided
when a day's working time is more than six hours.
From time to time, I may need you to work additional
hours to cover annual leave or sickness of my other
Personal Assistants.
Working hours will be flexible so that I can be in control of
my life and the assistance you will provide. For example I
may ask you to arrive up to (half an hour) earlier or leave
(half an hour) later.
You will only be paid for the hours worked and annual
leave. Rest breaks are not paid.
If you are offered overnight accommodation for your own
convenience (e.g. if you finish a shift late at night and
start again early the next morning) these hours will not be
subject to payment and does not infer residency or
occupancy at that accommodation.
Absence:
If you cannot come to work whether you are sick or for
any other reason you must let me know at your first
opportunity and at least two hours before the start of my
shift. This is so that I can make alternative arrangements.
This is intended to be an example only and does not in any way take precedence
over the actual legislation or remove the need to obtain legal advice.
July 2013 – Section O4 Page 3
Example Contract of Employment – Direct Payment user as Employer
I expect you to contact me personally, unless there is a
very good reason that you cannot do this yourself.
You need to let me know at least 24 hours in advance
that you are ready to come back to work. If you don’t do
this I cannot guarantee that there will be work for you as I
will have arranged cover for your shift.
If you are sick for less than 7 days you will need to
complete a self-certification form and bring it to me when
you return to work. If you are sick for more than 7 days
you will need to get a medical certificate from your doctor
and post/bring it to me.
Sick pay:
There is no sick pay scheme. However, you are entitled
to Statutory Sick Pay provided that you satisfy the
relevant requirements.
Holidays:
You are entitled to [x] [Please ask your DP Case Manager
or legal advisor to help you enter your PA’s entitlement.
This will be a minimum of 5.6 weeks per year or 28 days
per year for full time employment, pro rata for part time
employment [Calculated as 5.6 x the number of hours
worked per week]. ] weeks (pro rata) paid holiday
(annual) leave. The holiday year runs from (1 st January
to 31st December). You have no additional entitlement to
bank holidays.
Your daily holiday pay will calculated by calculating your
average gross weekly pay including overtime during the 8
weeks prior to the week before you go on holiday and
dividing that sum by the number of days per week upon
which you are contractually required to work. Thus, for
example, if your average gross weekly wage over the
period aforementioned is £200 and you are contracted to
work 4 days per week your daily gross holiday pay will be
£50.
Please give me at least (2 weeks) notice of any annual
leave that you plan to take. Annual leave is booked on a
first come, first served basis. If one of my other Personal
Assistants has booked the same week as you want your
request will be refused.
(I normally take my holidays at the beginning of June.
You will be required to take two weeks annual leave at
the beginning of June each year)./ (If I plan to go on
holiday and will not require your services I will give you at
This is intended to be an example only and does not in any way take precedence
over the actual legislation or remove the need to obtain legal advice.
July 2013 – Section O4 Page 4
Example Contract of Employment – Direct Payment user as Employer
least 4 weeks notice. You will be required to take annual
leave at the same time. If the amount of time exceeds
your holiday entitlement you will be paid for any time that
exceeds your entitlement).
You will not be allowed to carry over your annual leave
into the new leave year. Please ensure that you take
your full entitlement each year.
If you resign I reserve the right to ask you to take your
annual leave during your notice period. Otherwise any
additional holiday owed will be paid to you in your final
pay.
If you have taken more annual leave than you are entitled
to when you leave, any overpayment will be deducted
from your final pay [calculated as 1/260th of your full time
equivalent salary].
Bank holidays
If your normal working day falls on a statutory public
holiday I will expect you to work, unless you book that day
off in advance as part of your annual leave.
Notice period:
You must give me (4 weeks/8weeks/12 weeks) notice of
when you want to terminate this contract of employment.
Should I wish to terminate this contract for any reason I
will give you
1 week’s notice for each year that you have worked for
me up to a maximum of 12 weeks.
I reserve the right to pay you in lieu of notice.
If you are dismissed by reason of gross misconduct then
you will not be entitled to any notice.
I shall be entitled to dismiss you without notice (or
payment in lieu of notice) if you commit a serious breach
of your obligations as an employee or if you cease to be
entitled to work in the UK.
Pension:
(There is no pension scheme)/(You are entitled to
become a member of the [NAME] Pension Scheme,
subject to satisfying certain eligibility criteria and subject
to the rules of such scheme as amended from time to
time.).
This is intended to be an example only and does not in any way take precedence
over the actual legislation or remove the need to obtain legal advice.
July 2013 – Section O4 Page 5
Example Contract of Employment – Direct Payment user as Employer
There is/is not in force a contracting out certificate stating
that the employment is contracted out employment for the
Purposes of Chapter 1 of Part III of the Pension Schemes
Act 1993.
Confidentiality &
security: You must respect my privacy (and that of my family) and
keep a professional approach at all times.
Any
information which you become aware of while working for
me must be kept strictly confidential and you should not
discuss it with anyone else without my express
permission.
(Driving licence:
You are expected to hold a current, full driving licence
that is recognised by the DVLA. If you lose your driving
licence, your continuing employment will be reviewed.)
My holiday:
If I go on holiday and request that you accompany me,
you will be expected to come with me at my expense
provided my request is reasonable.
Changes to Terms: I reserve the right to make reasonable changes to your
terms of employment. You will be notified in writing of
any change as soon as possible and in any event within
one month of the change.
Disciplinary
procedure: The disciplinary procedure and the Code of Conduct are
attached. Any complaint about a disciplinary decision
must be sent to me in writing. Any appeal against my
decision must be made to me in writing. These
procedures do not form part of the contract of
employment and it may be amended at any time. I may
also vary this procedure, including any time limits, as
appropriate in any case.
I reserve the right to suspend you with pay for a period of
no longer than 4 weeks for the purposes of investigating
any allegation of misconduct or neglect against you. If you
are signed off sick by your GP during this period then I
shall only pay you Statutory Sick Pay provided that you
satisfy the relevant requirements.
Grievance
procedure:
If you have any grievances you should raise these with
me immediately. The grievance procedure is attached.
Any grievance you may have must be given to me in
writing. Any appeal against a decision that I make
This is intended to be an example only and does not in any way take precedence
over the actual legislation or remove the need to obtain legal advice.
July 2013 – Section O4 Page 6
Example Contract of Employment – Direct Payment user as Employer
concerning a grievance must be given to me in writing.
This procedure does not form part of the contract of
employment and it may be amended at any time. I may
also vary this procedure, including any time limits, as
appropriate in any case.
Code of conduct:
Adult
protection:
A code of conduct is attached which is contractual. The
code of conduct tells you the standards of behaviour that I
expect from you. Any breach of this code will be taken
seriously and may result in disciplinary action, including
dismissal. Any concern that you have about a disciplinary
decision relating to your employment must be raised with
me. Any appeal against a disciplinary decision that I
make concerning you must be given to me in writing.
The Kent and Medway Adult Protection Policy and
Protocols is aimed at protecting vulnerable adults from all
forms of abuse If I feel that I am being abused/harmed in
any way by you I will seek help and advice through my
local adult protection co-ordinator.
(Working outside
the UK: You may be requested to accompany me on a day trip
across the Channel/accompany me on a holiday abroad
for periods of up to 2 weeks. Whilst you are working
abroad you will be paid in pounds sterling and your terms
and conditions will remain the same.
Data protection:
By accepting this contract you expressly give me
permission to collect, retain, transmit and process
information about you. This may include non-sensitive
information such as your name, address etc. and
sensitive information such as your date of birth, health
information etc.
The collection, retention and processing of information
outlined above will only take place in accordance with the
Data Protection Act 1998 and related legislation and in
accordance with my obligation as an Employer to convey
enrolement information to pension scheme administrators
under the Pension Act 2008
There are no collective agreements relating to your employment.
If you are in agreement with all of the above please sign both copies of this
statement of terms and conditions and return one copy to me. The other
copy is for your own records.
This is intended to be an example only and does not in any way take precedence
over the actual legislation or remove the need to obtain legal advice.
July 2013 – Section O4 Page 7
Example Contract of Employment – Direct Payment user as Employer
Signed:
(Your name)
Date:
***********************************************************************************
I have read and accept the above statement of terms and conditions of
employment.
Signed:
Date:
Name [Employee]:
This is intended to be an example only and does not in any way take precedence
over the actual legislation or remove the need to obtain legal advice.
July 2013 – Section O4 Page 8