EMPLOYMENT CONTRACT
Cylch: ______
1.GENERAL
The following details are given to you in accordance with the terms of the Employments Rights Act 1996 and the Employment Act 2008.
2.employer
You are employed by (Name of Cylch)
3.NAME OF EMPLOYEE______
4.JOB TITLE______
Your duties are noted in the enclosed job description and your line manager/ Responsible/Registered Person will discuss them with you. However, you will appreciate that it may be necessary sometime in the future to change your duties if you are promoted, or if and when the needs of the cylch change or develop. The cylch, therefore, reserves the right to make changes to your duties and to prepare a new job description, as appropriate, after giving you a month’s notice.
5.EMPLOYMENT
From (Date of commencement of the post) you are employed by (Name of Cylch)
*****For fixedterm jobs only**********
You are employed for a fixed term of PERIOD OF TIME commencing on DATE and finishing on DATE.
The fixed term contract can be extended through joint agreement.
The first 6 months of your employment will be a probation period. During this period your performance and attitude will be monitored. At the end of this period your performance will be reviewed and if perceived to be satisfactory your appointment will be confirmed.
Former employment starting on (Date) (relevant if it is a consecutive fixed term contract with no gap in employment) will count as continuous service.
By accepting your appointment, it is understood that you have accepted all the terms and conditions in this Employment Contract.
This Employment Contract revokes any former contract, whether oral or written, given to you at any time.
The cylch reserves the right to insist that you have a medical examination at any time during your period of employment.
6.COLLECTIVE AGREEMENTS
There are no collective agreements relevant to your employment.
7.WORKPLACE
[Your usual workplace will be (address)]
The cylch reserves the right to require you to work in any other location either temporarily or permanently.
8.NO OTHER EMPLOYMENT
During the term of your employment, you cannot, without the written permission of the cylch’s Responsible/Registered Person, participate in, or have an interest in, either directly or indirectly, any trade or business profession or vocation except the cylch’s business, whether it competes with the cylch’s business or not.
The company is willing for its part time staff to work for other establishments, on the condition that there are no vested interestscontrary to those of the cylch and that the Responsible/Registered Person has given clear written permission.
9.WAGES
Your gross wage rate is £ (per hour)
You will receive payment monthly in arrearsthrough a credit transferdirectly into your bank account no later than the first day of every calendar month, or any other date you will be notified of by your employer. You will not be paid for any overtime.
The wage rate will be revised in accordance with any changes in the national minimum wage.
10.DEDUCTIONOF WAGES
On rare occasions, it may become obvious, either during or after the end of your employment, that you owe money to the cylch, e.g because of over payment of wages or expenses, holidays taken but not accrued.
The cylch reserves the right to deduct any such shortfalls or over payments from your wages, including any payment in lieu of a notice (in accordance with current statutory provisions).
No money will be taken until you and the Responsible/Registered Person/ Committee have come to an agreement.
11.PENSION
Note here the cylch pension schemeoffered by the cylch.
12.WORK HOURS
Your usual work hours are (number of hours) hours a week, (specific days of the week) from (start time) until (finishing time).
Staff are expected to be present at the cylch 20 minutes before / or after the session to ensure the correct arrangements are in place.
13.TRAINING
Staff will be expected to attend training sessions and courses within their usual working hours, when this has been agreed before hand by the Responsible/Registered Person/Committee. In such cases, wages will be paidfor the session. The cylch may pay for all or part of the course, if there is a cost element. Staff are also expected to attend training sessions and courses outside their work hours. In these cases, a contribution may be paid towards the cost of attending the course in accordance with the decision of the Responsible/Registered Person/Committee.
14.ABSENCE FROM WORK
Full details about absence from work, including the reporting procedure, can be found in the Staffing Policy.
When you are absent because of sickness or an injury, the cylch reserves the right to ask you to attend a medical examination by a doctor appointed by the cylch.
15.SICKNESS AND SICK PAY
The cylch operates under the usual Statutory Sick Pay Scheme (SSP). Full details of thesickness procedure can be found in the Staffing Policy.
16.HOLIDAYS AND HOLIDAY PAY
You are employed to work during each school term. You cannot take holidays during the school term; they must be taken during the school holidays.
Note the holiday pay arrangements offered to the staff
When employment is terminated, holiday pay will be paid in accordance with how much of the current holiday year has been worked, less any holidays already taken within that period.
When employment is terminated, the cylch reserves the right to compel workers to take the holidays they are entitled to within the period of notice.
Any amount paid for holidays taken over and above your holiday entitlement must be repaid and the cylch reserves the right to deduct the over payment from your wages, your final wages and/or your pay in lieu of notice.
17.UNAUTHORISED ABSENCE
The cylch reserves the right not to pay or to deduct from wages a day’s pay for every day’s unauthorised absence, including sickness absence not reported correctly. The Staffing Policy gives more information about absence from work.
18.PERIODS OF NOTICE
If you wish to terminate your employment at least 4 weeks written notice must be given to the cylch’s Responsible/Registered Person/ Committee.
The Committee will giveat least 4 weeksnotice of termination of employment.
In spite of this provision regarding notice, the cylch reserves the right to terminate your employment without notice in cases of gross misconduct. Details of examples of such misconduct can be found in the Staffing Policy.
The cylch reserves the right to make a payment in lieu of notice if it so wishes, in order to keep you from work during the period of your notice whichever is appropriate. The right to all or part of your period of notice can be waived with through mutual agreement on both sides.
19.SMOKING
The Cylchoperates a policy of no smoking in its buildings and while you are going about the company’s business. Also, employees are not allowed to smoke outside the front of the building, since it creates an unprofessional impression of the cylch.
20.CONFIDENTIAL INFORMATION
During the term of your employment with the cylch, information which the cylch considers to be very confidential will become known to you. Such information includes (but is not restricted to) any records and any information which relates to children. You should not at any time during your employment divulge such information to any third party which does not have the right to receive it, nor at any time divulge confidential information from that time onwards.
Any example of divulging confidential information will be treated as gross misconduct and can lead to dismissal.
You should never speak about or on behalf of the cylch with the media, including (but not restricted to) the press, television, radio or publicity outlets etc. without the previous permission of the Responsible/Registered Person/Committee.
You must notify the Responsible/Registered Person/Committee in writing of any outside interests you have which may affect in any way your performance in the cylch or how you fulfil your duties.
21.INTELLECTUAL PROPERTY
Intellectual Property refers to intellectual creations, inventions, symbols, names, images and designs. It includes, but is not restricted to, any processes, methodologies, logos, marketing ideas, routes to the market, IT systems, terminology, data (including information about suppliers and customers) you could discover, develop or create while fulfilling your duties as a worker in the cylch. It is divided into two categories, which include patents/trademarks and copyright.
Any property relating to the above will remain the property of the cylch, and copyright in every such information at all times will be the property of the cylch, even when employment in the cylch has been terminated.
In special circumstances, trespassing on Intellectual Property rights on a commercial basis can lead to prosecution as a criminal offence.
22.THE COMPANY’S PROPERTY
Both parties agree and understand that all the cylch’s property, including (but not restricted to) money, keys, mobile phone (if relevant), documents, equipment, memoranda, records/data bases and the like of the above, remain the cylch’s property. The cylch owns the copyright of every such document at all times.
Any property owned by the cylch, such as computers, mobile phones etc. must be used for business associated with the cylch only. A written application should be made to the Responsible/Registered Person/Committee for the personal use of such property and this should be agreed upon before hand.
23.HEALTH, SAFETY AND WELFARE POLICY AT WORK
It is important for the cylch that it ensures the health and safety of every worker and/or visitor to its buildings. You should familiarise yourself with the Health andSafety and Welfare Policy in the Policy Handbook.
You also have legal duties. They include taking reasonable care for your own health and safety and the health and safety of other people who might be affected by what you do or do not do, cooperating with the cylch on health and safety matters and not interfering with or misusing anything which has been provided for your health, safety and welfare.
24.THE SECURITY OF THE CYLCH
Because of the nature of cylch business, it might become necessary to undertake a detailed examination of any documents which are cylch property. The cylch, therefore, reserves right of access at all times to such documentation within its buildings or its property. Such an examination cannot take place without the permission of the Responsible/Registered Person/Committee and it will be done in the presence of at least two other parties.
25.PERSONAL SECURITY
Because of the nature of the cylch, it might become necessary to apply for your permission to examine your person or your property. Such an examination would be made if the cylch had reasonable grounds of suspicion on matters such as theft, breach of trust, illegal substances etc.
26.TERMINATION OF EMPLOYMENT
When your employment has been terminated, you will return every handbook, letter, note, memorandum, record, document, paper or other property which may come into your belonging during your period of employment and which to all purposes belong to and are the cylch’s property, to the cylch at once.
27.PERSONAL PROPERTY
The cylch does not insure the worker’s property and it does not take any responsibility for loss or damage. You are advised to arrange your own insurance for your personal property.
28.DISCIPLINE PROCEDURE
The cylch expects a good standard of discipline from its workers, as wellas a satisfactory standard of work. Dismissal can occur if the standard of your work or your conduct falls below the required standard, and remains below the acceptable level. Unconditional dismissal without notice can occur if there is an act of gross misconduct. Gross misconduct means any deliberate act or negligent failure to act by an employee, which is damaging to the good management of cylch business. Further details can be found in the Staffing Policy.
29.GRIEVANCE PROCEDURE
Full details of the grievance procedure can be found in the Staffing Policy.
30.EQUAL OPPORTUNITY
The cylch is an equal opportunity employer. The cylch will not tolerate any of its employees breaking the acts and regulations regarding Sex or Racial Discrimination,or Discrimination on the basis of Disability, Religion or Belief, or Sexual Orientation and breaking the law in this respect can lead to disciplinary action. The cylch will deal with these in accordance with the disciplinary procedure. The company does not allow conduct towards employees, clients or business contacts which is abusive or damaging to them on the basis of their sex, race, age, marital status, disability, religion or belief, or sexual orientation.
31.THE STAFFING POLICY
The Staffing Policy includes other varied duties and regulations. You are expected to familiarise yourself with them. Not fulfilling these duties or breaking these regulations could lead to beginning the disciplinary procedure.
As long as you have taken every reasonable care to fulfill your duties, the cylch will not hold you responsible for any case of breaking the Health and Safety Regulations.
32.CHANGES IN YOUR PERSONAL CIRCUMSTANCES
You must notify the cylch’s Responsible/Registered Person/Committee of any change of address or any other change in your personal circumstances.
33.CHANGES IN TERMS AND CONDITIONS
The cylch reserves the right to make small changes to the terms in this contract or in the Staffing Policy at a month’s notice. Changes are made in writing, conditional upon any statutory restrictions which could be in force at the time.
34.DATA PROTECTION ACT 1998
Under the Data Protection Act 1998, employees have a legal right to insist that the cylch reveals all the personal data it holds about them and to have a copy of this information to verify, confirm and, if necessary, to correct it. All members of staff who are responsible for preparing, using, changing or cancelling personal data must make a conscientious effort to adhere to the principles in the Data Protection Act 1998: that all personal data shall be:
•collected and processed fairly and legally
•collected for only specific legal, registered purposes
•used for registered purposes or for disclosed registered receivers only
•adequate and relevant for the purposes for which it is kept
•kept for as long as necessary and kept up-to -date
•kept with the appropriate security.
35.MATERNITY, PATERNITY / ADOPTION
The cylch acknowledges and conforms with the legislation regarding maternity, paternity and adoption absences and employment rights. Further details of the cylch’s arrangements can be found in the Staffing Policy.
I understand that any failure on my part to conform to the legislation and procedures in the Staffing Policy will lead to my unconditional dismissal for gross misconduct.
This contract will be governed by, and interpreted according to; English law and any conflicts under this contract will be heard before Welsh/English Courts of Law.
Signed on behalf the CylchSIGNED:
NAME:
POST: /
RESPONSIBLE/
REGISTERED PERSON /CHAIR OF COMMITTEE
/ DATE:Signed on behalf of the Worker
I received a copy of this Employment Contract and a copy of the Staffing Policy. I read and understood them. I understand clauses 10 and 18 of this contract and through it I authorise the Company to withdraw any money relevant to these clauses from my wages.
SIGNED:
NAME:
POST: / DATE: