18. Employment Contracts

Most of us have a concept of a contract of employment as a formal document which sets out the rights of the employer and employee, and also dealing with how the job should be done. This would be correct, but it is this and more.

When you take on a personal assistant as an employee you offer that person a job based on certain conditions. However, there are some terms which have been understood from the start. Think of the hours and the pay, for example.

It is important to bear in mind the principle that a contract of employment exists as soon as an employee starts work. More often than not, of course, it is a verbal agreement and not written down as a formal document. You will see that it’s best to formalise things in a document as soon as you can.

Nevertheless, by the fact that the employee starts work and accepts a wage it is proof that he or she accepts the terms and conditions of employment as they currently stand. Both employer and employee are bound by the terms offered and accepted.

No doubt you will want to agree upon a probationary period with your personal assistants before establishing whether the terms of a written contract will be permanent.

Remember all employees who have been in employment for one month or more are entitled by law to be given a written statement setting out the main particulars of their employment.

If requested all the required particulars must be given within two months of the date when the employee’s employment began.

The law states that certain particulars, referred to as the principal statement, must be included together as one separate instalment, i.e. they must be given as a whole to the employee as a single document.

Along with these you should include a disciplinary procedure. This could set out the rules by which grievances or problems can be dealt with in a fair but orderly manner. Such procedure should help avoid unnecessary disputes over conduct, performance, etc. However you must also state plainly what will happen where serious misconduct occurs.

The essential items in a principal statement

  • the names of the employer and employee
  • the date when the employment began
  • the pay scales and the intervals at which it will be paid
  • the hours of work
  • the holiday entitlement
  • the job title and brief job description
  • the place of work and indications of other places of work together with employer’s address

Such particulars are self-explanatory and make up the basic contract. If you look at a standard contract or examples of contracts which DEWISC.I.L.is able to supply you with you will see these particulars. From a standard contract you can add or delete clauses which you want.

Other important particulars you must include

The following particulars are not part of the principal statement, but it is important to refer to them in your Employment Contracts. They may avoid future disputes !

  • Probationary period - which employees will be expected to serve and how it will be reviewed.
  • Lateness - what normal procedures should occur, degree of lateness, how consistent lateness will be dealt with, etc.
  • Sickness procedure - what is expected of employees in the event of sickness, their obligations and S.S.P.
  • Entitlement to sick leave - this will depend on any scheme you wish to adopt.
  • Pension schemes - this will depend on any scheme you wish to adopt.
  • Confidentiality - due to the nature of the work involved you may wish to add a clause requiring your employees to adhere to it.
  • Grievance or complaints procedure - this might be apart from the disciplinary procedure. It could be several simple statements which outline the way you would like to sort out problems to avoid difficulties multiplying.
  • Notice of termination of employment - by law both employer and employee are normally entitled to a minimum period. This will depend on length of service or as specified in the contract.

Disciplinary procedure

It is essential that some form of disciplinary procedure be written into your Employment Contract. This should cover any disciplinary rules which apply to the employee.

It will serve as a notice to your employees as to how serious problems or consistent problems will be dealt with. Generally, a series of warnings both verbal and written would be referred to. Thus employees will not be left in any doubt or confusion if such circumstances arise.

By referring specifically to types of misconduct which would need to be dealt with by disciplinary procedure, employees would be able to recognise from the outset what is unacceptable. Make clear what you consider to be gross misconduct which would result in dismissal.

Lastly, such a disciplinary process would place you in a stronger position as an employer should an employee take a dispute further.

Codes of Practice attached to a Contract

The idea of adding codes of practice is simple. You do not want the contract of employment to be a document which is too long and difficult to refer to, however you want to cover ways of doing things which are important to you.

Too many codes of practice included in the contract would do this.

By referring to the codes of practice under one general clause, in the employment contract you are drawing attention to them and requesting your personal assistants read them, acknowledge them and agree to work in accordance with them.

What might they be ?

Handling money

Dealing with travelling expenses

How cover should operate

Rotas of work, etc

House rules – the ‘do’s’ and ‘don’t’s’

Health & Safety

What format should they be in ?

Don’t worry too much. They may be written as a single document or a list or a chart depending on what it is. Talk with us about your concerns before completing your contract and, perhaps, together we can compile them in the clearest manner to get the points made to those who need to read and agree to them.

Code of practice e.g. ‘handling money’

Along with your contract of employment it would be advisable to draw up a code of practice in respect to handling money, particularly if you need someone to manage it for you e.g. going in your wallet or purse, shopping, paying bills, etc..

It can be an area of concern or misunderstanding which might lead to future problems. Therefore it is good practice to have clear procedures which you want your personal assistants to follow.

This can be drawn up and attached to the terms of employment. Your personal assistants will then be expected to follow the procedure.

Drawing up an employment contract

DEWISC.I.L. has a number of examples of employment contracts which you can look at before deciding on the exact detail you wish to include in your own.

Remember it is wise to include more detail rather than less. Your aim should be to avoid confusion and therefore state clearly all the terms which affect you.

As you are already aware, your Job Description has an important role in supplying some information to the contract and must be referred to in brief as part of the particulars.

Whether composing the Employment Contract on your own or with help of DEWIS C.I.L. staff, you should follow some guidelines:

  • Take care to include details necessary by law
  • Remember employees have ‘employment rights’
  • Use other examples of contracts as aids
  • Attach other codes of practice if necessary
  • Protect yourself by including items important to you
  • Have the contract read thoroughly by your personal assistants
  • They must be signed and dated by yourself and your PA’s to be a legal and binding document
  • Have a signed copy for yourself as well as your personal assistant
  • If in doubt seek advice from the C.I.L. or an organisation like ACAS

Varying or altering contracts

Why would you need to do this from time to time ?

1.There may be reductions or increases in the financial size of your care package

2. There may be more hours to cover

3. There could be enforced changes in responsibilities

4. There might be an enforced reorganisation of Personal Assistants

etc

If you want to make changes to a contract it is best to make them with the agreement of your employees wherever possible. There might be a clause included which provides for a variation i.e. you state your right to consult and change the contract if circumstances demand this.

Remember, an employee is entitled to notification whenever a change occurs in one of the particulars of the terms of employment. It is best to do this in writing. Such alterations to the contract should be given at the earliest opportunity, not later than one month beforeany changes are planned to occur.

Dewis CIL DP Support Scheme Employing Personal Assistants 09 13