Statement of Main Terms & Conditions of Employment
Casual Employee
Date:
<NAME OF ORGANISATION>
Statement of Main Terms & Conditions of Employment (Casual Employee)
This is a summary of your Main Terms & Conditions of Employment. Further details are contained within the Employee handbook.
Name / <NAME>Normal hours of work / <START/FINISH, DAYS>
Job Title / <JOB TITLE>
Reporting to / <POSITION REPORTING TO>
Date Employment Began / <DATE STARTED
Date employment to end / <DATE EMPLOYMENT TO END>
You are employed by us are on an "ad hoc", casual basis. This means that:
• We will try to give you as much notice as possible of available work but there is no obligation on our part
to provide such work or for you to accept such work that we may offer.
• Work offered may not last and may cease at any time. This will be regarded as a permanent end and
any future periods of work will not be added to previous periods of work to form a continuous period of employment.
• Each time that you work for us will be as a separate period of employment.
• Payment will be for work carried out and there will be no payment for time not working for us.
The above job title is indicative of the type of work that you do but this may change from time to time although you will not be asked to do anything that you are unqualified or not competent to do.
Absence due to accident or illness
If you are unable to attend work for any reason then you must contact <NAME/TITLE> by <TIME> at the latest on your first day of absence.
To be entitled to SSP you must earn at least the equivalent of the Class 1 National Insurance lower earnings limit. As your work is of a casual nature, you will be working for defined short periods only and it is therefore unlikely that you will meet the eligibility requirements. Any absence from work will therefore normally be unpaid; however should you meet the eligibility requirements for SSP then this will be paid to you.
As you work irregular hours, you have no normal days of work: therefore, for SSP purposes, your qualifying day of work will be Wednesday.
Business relationships
<ORGANISATIONS NAME> places great emphasis on maintaining good and long-term relationships with its clients. You are therefore reminded that you are a representative of the business when dealing with clients, and must act in a responsible, courteous and professional manner.
If any client makes a complaint or criticism of the business or its services, you are required to inform <NAME/TITLE> of this as soon as is reasonably possible.
No inducement may be offered to, or received from, any supplier of goods or services. At times of special occasions such as Christmas, small gifts of nominal value may be accepted by prior agreement with <NAME/TITLE>.
Collective Agreements
There are no collective agreements that affect the terms and conditions of your employment.
Conflicting interests
Whilst you are working with us, you may not engage in or have an interest in any other paid or unpaid employment or business activity which competes with our business unless specifically agreed by your manager.
Any other work or activity must not involve the use of our time, equipment, property or any other resource or facilities.
Data Protection Act
You agree to act in accordance with the Data Protection Act 1998 at all times during your employment and to comply with any policy introduced by <ORGANISATIONS NAME> in order to comply with it, including any policy on the transfer of data outside the European Economic Area.
The expressions 'personal data' and 'sensitive personal data' below have the same meanings as those expressions bear in the Data Protection Act 1998.
For the purposes of the Data Protection Act 1998, you consent to the holding and processing of personal data about you for all purposes relating to the performance of this contract including, but not limited to:
* administering and maintaining personnel records
* paying your salary and expenses
* appraising your performance
* maintaining records of the time you spend performing your duties
* taking any decision as to the termination of this contract
* providing information to the tax authorities for VAT purposes, and to the HMRC or Contributions Agency if this becomes necessary to enable <ORGANISATIONS NAME> to enforce its rights.
Personal data relating to you may be kept electronically or in hard copy format. Personal data may be disclosed or transferred to other employees of <ORGANISATIONS NAME>, and to other persons as may be reasonably necessary for the purposes of or in connection with your employment or the business of <ORGANISATIONS NAME> and as otherwise required or permitted by law.
You agree that we may process sensitive personal data relating to you in connection with your employment or the activities of <ORGANISATIONS NAME>. Sensitive personal data includes medical details and self-certification forms and other similar information, and details of gender, race and ethnic origin, disability, sexual orientation, religion and age. You agree that we may also disclose or transfer such sensitive personal data to other persons if it is required or permitted by law to do so or for the purpose of equal opportunity monitoring.
Deductions from Pay
We reserve the right to deduct from your pay; overpayments of pay and holiday pay; the value of unauthorised use of company telephones or credit cards; any other sums owed to the company. The replacement cost of equipment or clothing that is not returned as required upon leaving or returned in an unacceptable condition will also be deducted from your pay or otherwise recovered.
Confidentiality & Non-Competition
During your time with the company you may be provided with information that is private or held secret by the company. This will include methods of working, drawings and information confidential between <ORGANISATIONS NAME> and its customers.
· You shall not, during your employment nor at any time afterwards, disclose or allow disclosure of any of your employer’s trade secrets or other information which is not otherwise in the public domain.
· You shall not, for a period of one year after leaving the company, solicit or seek business from customers of the company or organisations that the company is in negotiation with at the time of your leaving.
· You shall not, during your employment, solicit or seek business from customers of the company or cause others to solicit or seek business from customers of the company.
Discipline
Casual employees are not covered by our disciplinary procedure. If a casual employee is not performing satisfactorily, or there are incidences of misconduct, he or she will normally be seen by his or her manager, informed of any shortcomings in performance or conduct and warned that failure to improve will result in dismissal. A casual employee who commits an act of gross misconduct will be summarily dismissed.
In order to undertake an investigation into any allegations of a disciplinary nature, you may at any time be suspended on full pay (limited to the period for which you were contracted to work), or excluded from our premises, or both.
An appeal against a disciplinary penalty or dismissal should be raised with <INSERT NAME>
Driving & Company Vehicles
If you drive a company vehicle you must take care of it and report any damage as it occurs. If you are in an accident you must comply with the law in this respect but must not admit liability.
You must tell us of any driving convictions, including fixed penalty fines, as this may affect our ability to insure you.
If you lose your licence and your job requires you to drive then this may lead to your demotion or dismissal.
If you have an accident whilst in control of a company vehicle and, in the company’s opinion, you are “at fault” then we reserve the right to recover the insurance excess from your salary or wage,
Grievances
Details of the company’s Grievance Procedure are given in the employee handbook. This procedure is for guidance only and not contractual.
Health & Safety
Health and safety rules are in place for your protection and that of your fellow workers. If you ignore such Health & Safety rules and procedures you will be liable for disciplinary action and, in some circumstances, may lose your job. It is a condition of your employment that you read and familiarise yourself with the company Health and Safety Policy and all relevant Health and safety notices and procedures.
Holiday Entitlement
Our ‘holiday year’ starts on <DATE> each year. All of your annual entitlement should be taken during the relevant holiday year otherwise you will lose any untaken entitlement. However, you may agree with <NAME/TITLE> to transfer up to <NUMBER> days in to the following holiday year.
You are entitled to a maximum of <NUMBER>days paid leave in each holiday year plus the current eight public and bank holidays which are detailed in the employee handbook.
Part time employees will receive annual holidays in proportion to full time employees. I.e. if you normally work three days per week you will be entitled to 3/5th of full time entitlement.
You will accrue holidays on the basis of 1/52nd of your annual entitlement for each complete week worked. If you do not have enough holidays accrued at the time of your holidays it will be unpaid.
Holidays will continue to accrue during maternity leave. You will also continue to accrue holidays whilst absent on authorised leave and short-term illness or accident if this occurs during your contracted period of employment.
All holiday requests must be agreed in writing with <NAME/TITLE>. These will be dealt with on a ‘first come – first served’ basis and each department is limited in the number of employees that may be allowed off at any one time. You must ensure that your holiday dates are agreed BEFORE making a firm commitment with a travel company as the company cannot be held responsible for any costs incurred as a result of declining such a request. Holidays taken without authorisation or periods of illness taken during a time that was previously requested by the employee and refused will be treated as Gross Misconduct under the company’s disciplinary procedures.
Each year the company will publish shut-down dates (e.g. Christmas & Easter) and employees will be required to retain sufficient entitlement to cover such shut-downs. Holidays will not normally be allowed in excess of two weeks at one time and holidays of 1, 2 or 3 day duration will be limited to a maximum of five days in any one holiday year.
You will receive your normal salary during authorised holiday leave. You will be paid for any accrued but untaken holiday entitlement at the end of your employment.
Hours of Work
You are expected to be ready to start work promptly each day at the times shown. Your main breaks will be <DETAILS>.
As a casual worker you will have no normal hours of work - your working hours will be agreed with you in advance for each period of work offered.
Hours will vary from week to week, and may be on any day of the week.
You do not fall within the scope of the Working Time Directive as your role allows you to pre-determine your own working time. You should however ensure that you do not work excessive hours over sustained periods.
Inventions
The complete copyright in any work done by you in the course of your employment shall vest in <ORGANISATIONS NAME>. Specifically, all inventions, improvements, system developments and enhancements made by you in the course of your employment shall belong to <ORGANISATIONS NAME>, which reserves complete freedom to decide what action, if any, should be taken in respect of any such invention, improvement, systems development or enhancement. Furthermore you will do anything reasonably required of you by <ORGANISATIONS NAME> (at our expense) to seek and obtain Patent protection for any invention and to defend or protect all inventions and the right and title of <ORGANISATIONS NAME> to them.
Medical examination
It is a requirement of your employment that you will, if requested, undergo a medical examination by a medical practitioner nominated by <ORGANISATIONS NAME>. In normal circumstances this will occur in the case of frequent or lengthy absence, or when we have reasonable grounds to believe that your current or future state of health may affect your ability to attend work, or your capacity to undertake general or specific duties to a satisfactory standard. You agree that any report produced in connection with such an examination may be disclosed to <ORGANISATIONS NAME> and we may discuss the contents of the report with the relevant medical practitioner.
If during your employment you contract or develop any on-going illness or medical condition that may affect your work, this should be reported to us immediately. If you are unable to carry out your contractual obligations due to a medical condition, we reserve the right to terminate your employment.
In addition, we reserve the right to cease to make payments of sick pay should you fail to attend an appointment arranged by us for a medical examination, having been requested to do so.