Statement of Employment Particulars

STATEMENT OF EMPLOYMENT PARTICULARS

This statement sets out the terms and conditions of employment between the Independent Living Fund Scotland ('the Employer') and(Name of employee) which will take effect from the (Date) and (where relevant) will replace in their entirety all existing terms and conditions, agreements and arrangements whether in writing or otherwise.

1.Employment

You will be employed by the Independent Living Fund Scotland (ILF Scotland) as the (Job Title)reporting to the (Line Manager).

1.1Your key duties are set out in the attached sheet although you may be required to perform any other reasonable duties that fall outside your job title or key job duties as may be reasonably required from time to time. You agree to undertake to work to the best of your ability and to use your best endeavours to promote, develop and extend the Employer's mission, values and interests. The attached job description and any subsequent job description provided to you by the Employer will not form part of your contract of employment unless specified otherwise.

1.2You may not without first obtaining the prior written consent of the Employer work for anyone else while you are employed by the Employer or accept or hold any office or directly or indirectly be interested in any trade, business or occupation.

2.Job Related Requirements

2.1 Your continuing employment is subject to:-

i) The provision of two satisfactory employment references which cover the last three years of employment/we have received.

ii) Completion of a Disclosure Scotland check where appropriate to your role. The Employer will review any convictions to determine whether such will impede your employment. Please complete the attached disclosure form and return it to the HR Department, with the required documentation within 2 weeks of receipt of this letter.

iii) You agree that your employment with the Employer is subject at all times to your eligibility to work in the United Kingdom. You warrant that you are entitled to work in the UK without any additional approvals and will notify the Employer immediately if you cease to be so entitled at any time during your employment with the Employer.

Failure to comply with any of these provisions may lead to your employment being terminated without notice and without the requirement to follow the Employer’s disciplinary procedure.

3.Place of Work

3.1Your normal place of work ILF Scotland, Denholm House, Almondvale Business Park, Almondvale Way, Livingston, EH54 6GA, or such other place within a reasonable distance from your usual place of work, as the Employer may reasonably determine.

3.2 You may be required to remain at home on paid leave at any time and in particular during any period of notice, whether given by you or the Employer.

3.3 You will not be required to work outside the UK for any continuous period of more than one month during the term of your employment.

4.Previous Employment

No employment with a previous employer counts towards your period of continuous employment with the Employer.

5.Probationary Period

All ILF Scotland appointments are for an initial probationary period of 6 months. During this period, either party may terminate the employment by giving one week’s notice. ILF Scotland may, at their discretion, extend this period.

6.Collective Agreements

There is no collective agreement which directly affects your employment.

You will be notified of any relevant collective agreements, should they arise.

7.Hours

Your normal working hours are 37 hours per week [Monday to Friday inclusive] with a lunch break which is unpaid. You are, required to work such additional hours as may be necessary for the proper performance of your duties [without extra remuneration] Time off in Lieu will be considered for unsocial working hours but this must be agreed in advance with your line manager and is at the Employer’s entire discretion.

8.Remuneration

8.1 Your starting salary will be (salary)per annum paid monthly, normally on the 25th day of each month, by direct transfer to your bank/building society account. The salary will be paid 5 days in advance and the remainder in arrears, for the whole of the calendar month e.g. 1st to 30th.

8.2 Your salary will be reviewed annually, with effect from 1st April each year. A salary review does not, however, guarantee that any increase to salary will be implemented as any increases to salary are entirely at the Employer's discretion. No salary review will be carried out after notice has been given by either party to terminate your employment.

8.3 For the purposes of the Employment Rights Act 1996 you authorise the Employer to deduct from your salary any sums due to the Employer including, without limitation, any over payment of salary and any advances or loans made to you by the Employer. In the event of such sums being due to the Employer on the termination of your employment, and if your final salary payment is insufficient to allow for the whole of any such deduction, you will be required to repay the outstanding amount due to the Employer within one month of the date of the termination of your employment.

9.Annual Holiday Entitlement

ILF Scotland’s holiday year runs from 1st April to 31st March.

You are entitled to 6 weeks’ paid annual holiday entitlement each holiday year. In addition to this entitlement, you are entitled to the public holidays set out below. Part time staff are entitled to paid annual leave and public holidays on a pro-rata basis. Employees will be paid at their normal rate of pay for each period of annual holidays.

Where an employee serves more than 2 years, they will gain an additional day holiday for that and every other 2 years of continuous service to a maximum of 35 days.

Where an employee commences employment during the holiday year, the employee’s annual holiday entitlement will be calculated on a pro-rata basis for each complete month of service during the first holiday year.

Where employment terminates during a holiday year, employees’ entitlement to holiday pay will be calculated on a pro-rata basis based on each completed month of service prior to termination. Where on termination an employee has taken annual holidays in excess of their entitlement, ILF Scotland will deduct any such sums from any final salary due to the employee. ILF Scotland reserves the right to require employees to take any unused holidays prior to their employment terminating.

Subject to the agreement of their manager, employees may either carry over or bring forward a maximum of one week’s leave during the 8 week period spanning the end of one holiday year and beginning of the next. Any annual leave not taken by the end of the holiday year or not taken in accordance with the terms within this paragraph will be forfeited.

Employees can with agreement from their line management and HR lead, buy up to an additional 5 days of leave in every annual cycle. They can also request up to 3 months of unpaid leave for the purpose of a career break.

Employees are required to give sufficient notice of any holiday request and in any event twice as much notice as the period of annual leave sought. Such requests should be made by completing a holiday request form and submitting it to your manager.

While ILF Scotland will grant holiday requests where possible, there may be operational reasons why such requests cannot be granted. Employees should not make any definite holiday plans until they have received written confirmation that their holiday request has been granted.

Employees will continue to accrue their annual holiday entitlement for the duration of any time on maternity, paternity, adoption or shared parental leave.

10. Public Holidays

In addition to the annual leave entitlement set out above, employees are entitled to the following public holidays:

1st and 2nd January

Good Friday

Easter Monday

Edinburgh Autumn Holiday

25th and 26th December

Should the Christmas or New Year holidays fall at a weekend, alternative days off will be provided.

This entitlement will be pro-rated for part-time employees.

11.Notice of Termination

After successful completion of your probationary period you are required to give one month written notice and subject to the termination clauses below are entitled to receive one month written notice (or statutory notice if longer) to terminate your employment.

The Employer reserves the right to terminate your employment without notice and make payment of your basic salary in lieu of notice (rather than your working out your notice period). This provision, which is at the Employer's entire discretion, applies whether notice to terminate the Contract is given by you or by the Employer.

11.1Summary Dismissal

The Employer shall be entitled to terminate your employment summarily, i.e without notice or pay in lieu of notice, without prejudice to any rights or claims it may have against you if at any time you are guilty of any type of gross misconduct, for example dishonesty, gross negligence or breach of duty or if you commit any serious breach of a material term of your contract of employment, or if you cease to be entitled to work in the United Kingdom.

12. Absence and Sick Pay:

If you are absent from work for any reason and your absence has not previously been authorised by ILF Scotland, you must inform your manager by 10am on your first day of absence.

You must complete a self-certification form in respect of all periods of absence due to incapacity. The form must be completed and submitted to ILF Scotland immediately upon your return to work.

In respect of periods of absence due to incapacity that lasts for more than seven consecutive calendar days, you must submit a medical certificate stating the reason for your absence. Further medical certificates must be submitted if the period of absence lasts for longer than the period specified in the original certificate.

If you are absent from work due to sickness or injury and comply with the requirements of ILF Scotland’s Absence Policy, you will be paid Statutory Sick Pay in accordance with the provisions of the legislation.

It is a condition of your contract of employment that you agree on request by the Employer to undergo at the Employer's expense, medical examination(s) by such doctor or doctors as the Employer shall nominate and to fully cooperate with the occupational health process.

For the purposes of calculating your entitlement to SSP, qualifying days are those days on which you normally work.

In addition to Statutory Sick Pay, you are also entitled to receive Company Sick Pay, providing that all terms and conditions relating to the payment of Company Sick Pay are adhered to. The amount of Company Sick Pay you are entitled to is as follows:

Length of Service / Company Sick Pay Entitlement
Less than 26 weeks / SSP only
Between 26 weeks and 1 year / 5 weeks’ full pay followed by 5 weeks’ half pay
Over 1 year and up to 2 years / 9 weeks’ full pay followed by 9 weeks’ half pay
Over 2 years and up to 3 years / 18 weeks’ full pay followed by 18 weeks’ half pay
Over 3 years and up to 5 years / 22 weeks’ full pay followed by 22 weeks’ half pay
Over 5 years / 26 weeks’ full pay followed by 26 weeks’ half pay

In calculating an employee’s entitlement to Company Sick Pay, any Company Sick Pay made in the 12 months immediately preceding the first day of absence will be taken into account.

An employee’s entitlement to Company Sick Pay will be calculated by reference to their length of service on the first day of absence.

In order to qualify for Company Sick Pay, Employees are required to observe ILF SCOTLAND’s absence reporting and certification procedures. Company Sick Pay is discretionary and will also be withheld where ILF Scotland has reasonable grounds for believing that the employee’s absence isn’t genuine.

Further details of the rules in respect of absence reporting are contained in the Policy Handbook – within the Absence Policy.

If you are absent from work on account of sickness or injury, you should follow the rules on notification, certification and payment for sickness absence as set out in the Sickness Procedure, which is not contractual.

You will forfeit your entitlement to occupational sick pay if:

• you refuse to attend a medical examination; or
• you fail to comply with the notification and certification requirements imposed by the Employer;or
• you make or produce any misleading or untrue statement or document concerning your fitness to work;or
• you are subject to investigation or disciplinary proceedings under the disciplinary procedure.

This list is not exhaustive and the payment of occupational sick pay is entirely at the Employer’s discretion and may be withheld at any time.

You agree to repay the Employer on request such sums as you may receive by way of occupational sick pay if you recover compensation and/or damages from any third party including the Employer as a consequence of your suffering illness and/or injury.

13.Pension

The Company will comply with the employer pension duties in respect of the Employee in accordance with Part 1 of the Pensions Act 2008.

A contracting-out certificate is not in force in respect of your employment

14.Conduct

You are required at all times to comply with the Employer’s rules, policies and procedures in force from time to time including those in the ILF ScotlandStaff Handbook. You are also required to act in accordance with and seek to promote the Employer’s values.

The Employer requires the highest standards from you in your performance at work and your general conduct and in particular you must:

• be diligent, honest and ethical in the performance of your duties and during working hours devote the whole of your time, attention and abilities to them;
• render your services in a professional and competent manner in willing co-operation with others and at all times conform to the reasonable directions of your supervisor;
• conduct your personal and professional life in a way which does not risk adversely affecting the Employer's standing and reputation;
• undertake such travel as may be required for the proper performance of your duties;
• be polite and courteous in your behaviour at all times and
• at all times comply with the rules and procedures of any association or professional body to which the Employer and/or you may from time to time belong.
• Notify the Employer of any criminal cautions andconvictions incurred or awarded
• Notify the Employer of any personal issues that would bring the organisation’s name into disrepute

15.Return and Use of ILF SCOTLAND Property

All documents, manuals, hardware and software provided for your use by your Employer and any data or documents (including copies) produced, maintained or stored on ILF Scotland’s computer systems or other electronic equipment (including mobile phones), remain the property of the Employer.

You shall promptly, whenever requested by the Employer and in any event upon the termination of your employment, deliver up to the Employer all lists of contacts, correspondence and all other documents, records, papers and all other property which materially affect ILF Scotland and may have been prepared by you or have come into your possession, custody or control in the course of your employment, and you shall not be entitled to and shall not retain any copies of them without prior approval. Title to all such material and copyright in all such material created solely or in part by you shall vest in the Employer.

You are required to have due care in your use of all ILF Scotland property and comply with all rules and legislation that may apply in its provision to you.

16. Intellectual Property

The Employer retains the intellectual property rights to the results of any work you carry out on its behalf. This includes all interest and title in and rights to improvements, inventions, processes, systems, designs, production practices, software codes, patents, copyrights, trade marks, design rights, technical information, corporate company contacts and know-how devised, written, made, suggested or found by you in the course of your work for the Employer, whether solely or jointly. This clause shall remain enforceable notwithstanding the termination of your employment for whatever reason.

17.Confidential Information

You will not, either during your employment or at any time after your employment use or disclose to any person any confidential information about the Employer or affairs of the Employer or any connected organisation, or about any other matters which may come to your knowledge in the course of your employment. For the purposes of this clause confidential information means any information or matter which is not in the public domain and which relates to the affairs of the Employer or any connected organisation.