Example Contract of Employment for a small organisation

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Example Contract of Employment for a small organisation
[Employment legislation is constantly changing. It is important to check that terms
stated in the contract conform to current minimum requirements.]
Contract of Employment with [Name of organisation]
STATEMENT OF THE MAIN TERMS AND
CONDITIONS OF EMPLOYMENT
This contract describes the employment relationship between [Name of
organisation] and [Employee’s name]. All references to the "Board" refers to the
members of the Board of directors of [Name of organisation] acting together or to
individual members acting with the specific delegated authority of the Board.
The contract is open-ended and may only be ended in the following ways:
– substitution by amended or other contract;
– notice given by employee;
– redundancy (for example through inadequate resources to continue the
post);
– period of incapacity over three months;
– dismissal through disciplinary action, using the Disciplinary Procedure.
Any changes in the contract of employment will be subject to adequate notification
and, where appropriate, by mutual agreement.
Further to the Employment Protection (Consolidation) Act 1978, the following gives
the main terms and conditions of your employment from [date of starting
employment].
1. THE CONTRACT:
Name of employer: [Name of organisation]
Address of Employer:
Name of employee: [Name of employee]
2. JOB TITLE AND JOB DESCRIPTION:
The job title is [Job Title]
Your particular duties are those set out in the current Job Description for your
post, available from the [Name of organisation] office, which is subject to
mutual agreement between yourself and the Board.
Example Contract of Employment
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3. DATE EMPLOYMENT BEGAN:
4. PROBATIONARY PERIOD: Your employment is subject to a probationary period
of [X] weeks from the date you took up your post. Before the end of this period the
Board will inform you of one of the following:
a)
b)
c)
that your appointment has been made permanent, or
that you are not suitable for the post and your employment is to be
terminated (the length of notice is at the Board’s discretion, but will not be
less than 1 week), or
that your probationary period is to be extended, with the result that your
suitability for the post will be reassessed at a later date.
5. RATE OF PAY: currently £XX,XXX per annum
Payment interval: Monthly, on or before the [date] of the month, or the first
working day after that date.
6. HOURS OF WORK:
a)
Total, exclusive of lunch breaks: an average of [xx] hours per week or as
agreed with the Board
b)
Hours of work: Your core working hours are between 9am and 5pm Monday to
Friday. You may be required to work at other times as required by the
constraints of the post and consistent with your job description. The actual
times you work within this period are by agreement with your Line Manager.
c)
Time off in lieu: Whole hours worked above your basic weekly hours may be
taken off in lieu over the following [XX] days, provided that the total time off
in lieu which is yet to be taken does not amount to more than [XX] hours.
d)
Overtime is not normally paid, but if it is agreed with your Line Manager it
will be paid at your normal hourly rate.
7. HOLIDAY ENTITLEMENT:
a)
Annual leave and public holidays:
i) annual equivalent to 25 days, including Bank Holidays
ii) pro Rata applies for part years;
iii) when taken: in agreement with your Line Manager; it may be necessary
to take some annual leave when the office is closed at Christmas;
iv) no more than 5 days may be carried over from one calendar year to the
next except by agreement with the Partnership Board.
Example Contract of Employment
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b)
Holiday pay is at the full rate of normal pay. Pay in lieu of holiday will
normally be refused by the Board.
8. OTHER LEAVE ENTITLEMENTS:
a)
Compassionate Leave: In the event of the death of a close relative you are
entitled to take up to [XX] days paid leave by arrangement with manager Line
Manager. Further unpaid leave may be taken subject to the specific
agreement of the Line Manager.
b)
Unpaid Leave: All other leave is by agreement with the Board.
9. SICK LEAVE: [or see separate Sick Pay policy]
a)
Notification of sickness: you must notify your Line Manager as soon as is
practicable on the first day of your sickness.
b)
Periods of illness of more than five days must be supported by a medical
certificate.
c)
If you are absent from work as a result of sickness, you are entitled to receive
your full rate of pay (including Statutory Sick Pay) for a period of up to four
weeks, or for a longer period at the discretion of the Partnership Board.
d)
Periods exceeding [X] months incapacity: the Partnership Board will
determine whether you will remain in employment.
10. PENSION:
There is no pension with this post/ [or details pension arrangements].
11. STAFF TRAVEL ARRANGEMENTS:
a)
Travel on [Name of organisation] business on journeys is reimbursed under the
following terms:
i)
ii)
iii)
b)
by private car at a rate of [XX]p per mile up to 10,000 miles per year,
and [XX]p per mile thereafter
on public transport, payment is on receipt of bus or second class rail
ticket,
when the use of a private car or public transport is impractical for short
and very urgent journeys, the taxi fare will be reimbursed on
presentation of receipt.
Journeys longer tha [x] miles are by agreement with your Line Manager and
are reimbursed at the cost of the cheapest feasible option.
Example Contract of Employment
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c)
Travel expenses are claimed with your usual office base as the starting and
finishing point.
12. PERIOD OF NOTICE OF TERMINATION OF EMPLOYMENT:
The period of notice which you must give to terminate your employment is [X]
weeks. The period of notice which you must be given to terminate your
employment is one month.
13. REDUNDANCY
a)
In the event that it is necessary to give notice of redundancy, [Name of
organisation] will give you notice at least as long as the minimum period
required by law.
b)
In the event of the post becoming redundant, after the qualifying period of
employment you are entitled to a taxable payment equivalent to one week’s
pay at the current rate for each full year of service while you are under the
age of 40 and 1.5 week’s pay at the current rate for each full year of service
after the age of 40.
14 GRIEVANCE PROCEDURE:
The grievance procedure is described in a separate document.
15. DISCIPLINARY PROCEDURE:
Disciplinary action: procedure is described in a separate document.
16. TRADE UNION MEMBERSHIP:
You are encouraged to join a Trade Union for the purpose of representing you on
employment matters, including the Grievance or Disciplinary Procedure.
Reasonable working time and facilities will be available to you for trade union
activities.
17. SUPPORT AND SUPERVISION:
a)
Regular supervision/appraisal of your work will take place with your Line
Manager or other person designated by the Partnership Board.
b)
Additionally, you are entitled to discuss matters related to your employment
in confidence with your Line Manager or with the Chair of the Partnership
Board. Support and discussion sessions should be timetabled to take place
depending on individual need.
Signed by the employee: ..................................... Date: .......................
Example Contract of Employment
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Signed on behalf of [Name of organisation]:
...................................................... Date: .......................
Example Contract of Employment
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Example Grievance and Disciplinary Procedures
for a small organisation
(Part of the Statement of the Main Terms and Conditions of Employment)
All stages of the Grievance and Disciplinary Procedures are formal, and you are
entitled to attend a hearing, be represented or accompanied, and to receive a
written summary of the proceedings.
1. GRIEVANCE PROCEDURE:
Any grievance in relation to your employment should first be referred to your Line
Manager and, if you are dissatisfied with the outcome, to the Chair of the Board. If
the matter is still not resolved satisfactorily, then the grievance may be referred to
an Appeals Committee consisting of three persons acceptable to yourself and the
Board (see below).
2. DISCIPLINARY PROCEDURE:
a)
Misconduct or unsatisfactory work
i)
Matters of misconduct or unsatisfactory work in relation to your
employment will be dealt with, given three days notice of a hearing, by
a hearing of the matter with your Line Manager or with the Chairperson,
setting out the misconduct or unsatisfactory work and the necessary
improvement, which will be recorded with a formal verbal warning.
If the matter is still unresolved:
ii)
A formal hearing with a group of three Partnership Board members,
setting out in writing a work plan, objectives, and standards of conduct:
the improvement to be formally assessed in one month's time. The
circumstances of the matter and the required improvement will
constitute a written warning.
iii) Assessment by the same Committee group, which may:
– accept improvement has taken place
– issue a further written warning
– issue a final written warning
– dismiss, but only after a final written warning.
b)
Gross misconduct
In the event of allegations of Gross Misconduct, the matter will be reported to the
Chairperson, who will suspend the worker with or without full pay pending a
hearing by three Partnership Board members, who may decide to:
i)
re-instate you without any disciplinary action
Example Contract of Employment
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ii)
iii)
iv)
re-instate you, giving a written warning (or final written warning),
setting out the circumstances of the matter and the required
improvement
suspend you, with or without pay, during further investigations of the
allegations, until a hearing is reconvened
dismiss you, with or without notice.
Matters which will be treated as alleged Gross Misconduct are:
– physical assault
– sexual harassment
– discrimination on racial grounds
– theft or fraud involving the organisation
– intoxication - drunkenness etc
– seriously endangering the safety of the organisation's staff and users
– bringing the organisation into disrepute by betraying trust or confidence
between worker and employer.
APPEAL:
Appeal may be made, within one week of any decision, to an Appeals Committee
consisting of three persons acceptable to yourself and the Board (e.g.
representatives from a trade union, or a voluntary organisation) whose decision will
be final.
Source: Community Projects Centre
Example Contract of Employment
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