Contract of Employment – Care Worker

EMPLOYER: CHRISTCHURCH CARE AGENCY OF 132 High Street, Braintree, Essex CM7 1LB

JOB TITLE: CARE ASSISTANT

Contents:

1. Probationary Period
2. Rates of Pay
3. Bank Holiday and Additional Hours Pay
4. Forgoing Entitlement to Double and Time & Half Pay
5. Expenses
6. SSP
7. Maternity, Paternity & Adoption Pay
8. Dependents Leave
9. Compassionate Leave
10. Annual Leave
11. Pension Scheme
12. Retirement
13. Standard Expectations
14. Strike Scheme
15. Attendance Based Rostering
16. Christmas & New Year Period
17. Your Responsibility to Read Documentation & Policies
18. Honesty, Integrity & Confidentiality
19. Personal Appearance & Personal Hygiene
20. Training
21. Alcohol & Drugs
22. Use of Your Car for Work
23. Care Worker Spot Checks
24. Operational Transfers
25. Working Time Regulations
26. Disclosure & Barring Service Fee
27. GDPR
28. How We Use Your Personal Information
29. Equal Opportunities Data
30. Acceptance of Job Offer
31. Notice Periods and Leaver Process
32. Termination of Contract
33. Your Agreement of this Contract
34. Conflict of Interest
35. Other Terms & Conditions of Employment

Expected Place of Work:
We reserve the right to require you to work at various places of employment. You will not be required to work outside of the United Kingdom under this contract.

Place of Work:
Christchurch Care Agency, 132 High Street, Braintree, Essex CM7 1LB (Head Office)
Braintree and surrounding areas to meet the business needs.

Salary/Wages:
See Clause 2 for rates of pay.

Hours and Days of Work:
This contract is 0 guaranteed hours. Your days and hours of attendance options will be notified to you in accordance with your permanent availability as submitted by you.
Any changes to your availability will be at the managers discretion.

Intervals by which your salary/wages are paid:
Your wages will be paid 4 WEEKLY in arrears paid by BACS on a Friday.

Holiday Entitlement:
The holiday year runs in 52 week cycles (13 payroll periods). Annual leave forms are to be submitted via eform on the Christchurch website, to be authorised/declined dependent on the needs of the business.

Notice required for leave requested:

• 1-day request, submission of Annual Leave form at least 7 working days prior to this date.
• 2-4 continuous days, submission of Annual Leave form at least 14 working days prior to this date.
• 5 continuous days or more, submission of Annual Leave form at least 28 working days prior to this date.
• Please note Annual Leave for 14 continuous days or more, will need special authorisation by the Management Team.

Holiday pay is accrued at a rate of 12.07% of all hours worked over the current payroll year which is equivalent to 28 days per year for full time workers. Your holiday pay will not exceed 28 days. Your holiday pay must first be accrued before being paid to you and will not be paid in advance. Any unclaimed holiday pay will be paid to you in the final payroll period of the 52 week holiday cycle. Please ask the office if you are unsure of these dates.

Period of Employment:
Your employment is for an indefinite period, termination on notice or otherwise as set out. Termination by us at any time within your probationary period. Outside of this we will give you notice.

Sickness and injury:
If you consider yourself unfit for work you must:

a) Telephone the office on 01376 343223 to report your pending sickness absence (a text message is not acceptable and texting sickness absence could result in disciplinary action).
b) Provide us with details of why you are unfit for work.
c) Advise us of anticipated length of absence.
d) Update your Manager on Day 3 of your absence as to your wellbeing and revised anticipated return date.
e) If you are absent for more than 7 working days you must provide a medical certificate to support continuing period of sickness absence.
f) Advise us if you are certificated ‘unfit for work’ by your doctor.
g) After a certificated period of long-term absence provide a doctor ‘fit for work’ certificate.
h) Upon returning to work you must attend a back to work interview with your manager where you will be required to complete a self-certificate and a back to work interview.
i) If you are found to have falsely claimed to be off work through sickness you will be liable to disciplinary action which may lead to dismissal.

Working Times Limit/Additional Hours/Handing Back Work:
a) If you have signed the ‘Opt Out’ Agreement then you are permitted to work over the 48 hours per week limit.
b) The co-ordinating team will contact staff to offer hours additional to their agreed availability.
c) If you accept additional hours, you do so with the understanding that you are able to fulfil them.
d) Accepting additional hours and then repeatedly handing them back is not acceptable and will result in disciplinary action.

Pension Scheme:
Employees are automatically enrolled onto the Company pension scheme. Employees may opt out of this and are given the opportunity via our payroll department in compliance with legislation.

On Call:
We operate an ON-CALL emergency telephone system (number is 01376 343223 and this will automatically divert to the on-call phone). This is in place after 5pm weekdays and Saturdays and Sundays from 06.00 – 22.30. THIS IS FOR EMERGENCIES ONLY. You must contact us during 9 – 5pm office hours to deal with day to day issues. Using the on-call phone for non-emergency issues outside the specified office time may result in disciplinary action being taken. From time to time we will have to extend our office working hours to continue to cover work, so we reserve the right to contact you until 10pm should work alter.

Disciplinary and Grievance Procedures:
You must at all times act in accordance with our policies and procedures which include, but not limited to, those governing.
a) Failure to adhere to our standard expectations
b) Health and safety
c) Use of equipment (including protective clothing, computer and software)
d) Equal opportunities (including harassment and bullying)
e) Dress code
f) Maintenance of records and protection of confidential information
g) Drugs and Alcohol
h) Use of company IT, including email and internet access
i) Unauthorised absence
j) Continued unreliability (i.e. handing work back)
k) Safeguarding of vulnerable adults, including all types of abuse, neglect and poor practices
l) Social Media – (including Facebook, Twitter, Snap Chat & any other social media group chats)

If an investigation is necessary we reserve the right not to put you on the rota. However, we do endeavour to resolve an investigation in a timely manner and deliver an outcome as soon as is practicable.

You will be given the right to appeal an outcome decision in writing within 5 days of the date of the outcome.

If you have cause to raise a grievance against a Christchurch employee you are required to do so in writing to the Care Manager. If your grievance is in respect of the Manager, you should address your grievance with the directors of the company.

Please refer to the Disciplinary Procedure documents.

Notice of Termination:
The period of notice you are entitled to receive and requires you to give in the event of termination of employment is as follows:

Period of continuous service:

Less than 4 months - 1 week notice in writing
After 4 months (end of probationary period) - 28 days notice in writing

If you leave without proper notice we shall deduct a day’s pay for each day not worked during the notice period from any final salary due to you. The amount deducted is a genuine attempt to assess our loss as a result of you leaving without giving full notice.

1) Probationary Period

This post is offered subject to a 4-month probationary period. Probationary period can be extended by the company if deemed appropriate.
You will be issued with 2 uniforms upon commencing your employment. If you leave employment before the end of your probation period you will be liable to cover the costs of the uniforms and the cost of any training you have received.

2) Rates of Pay

• This will depend on your driving status and qualifications
• Bank holidays will be 1.5 x your standard weekday rate of pay, with the exception of Christmas Day which will be remunerated at 2.0 x your standard weekday rate of pay.

• Mileage is paid between 25p and 35p depending on single or double rounds. Your mileage will be calculated from the address of your first visit to the address of your last visit.

You will only be paid for the hours you work or holiday pay. You will receive your pay by
BACS four weekly on a Friday (Pay dates attached).

The Company is authorised to deduct any sums due to it from your salary.

3) Bank holidays and additional pay

Care work done on a Bank Holiday will be remunerated at time and half except Christmas Day this will be double pay. This will be calculated on your weekday rate. The net pay you receive will depend on any deductions required by law or agreed. You will receive your pay by BACS on a four-weekly period on a Friday.

4) Forgoing Entitlement to Double Pay

If you have worked a bank holiday (for which you are paid time and half or double the hourly rate) but then take sickness absence leave within a 72 hour period either way of that bank holiday you may no longer be entitled to time and half or (double pay Christmas Day only) and you will be paid the usual hourly rate. This will be at the discretion of the Director/Management Team.

5) Expenses

You are only entitled to expenses if (i) these are authorised in advance, (ii) you actually incur the expense and produce proper receipts, (iii) you claim the expenses within 2 working days of incurring the expenses (or the next working day after holiday or sickness absence) and (iv) you acknowledge payment by providing a signed receipt.

6) SSP

The only payment for sick leave is Statutory Sick Pay, which will be paid in accordance with regulations. You will be required to complete a SSP1 form (available from HR Officer) in order to claim SSP. A self-certification form should be completed for absences of up to seven days. For periods of sickness of more than seven consecutive days, including weekends, you will be required to obtain a Statement of Fitness for Work (‘Fit Note”) / Medical Certificate and send this to the manager. A new Fit Note / Medical Certificate should be sent periodically as required by the Service. If you are sick for more than 7 days you will need to provide a certificate from your doctor.

You are absent for four or more days by reason of sickness or incapacity, you are entitled to Statutory Sick Pay (SSP) provided that you have met the requirements above. There is no contractual right to payment in respect of periods of absence due to sickness or incapacity. Any such payments are at the discretion of the service.

The Service has the right to monitor and record absence levels and reasons for absences. Such information will be confidential.

7) Maternity, Paternity & Adoption Leave

The company will comply with all statutory requirements relating to maternity, paternity and adoption leave.

8) Dependents Leave

The company will comply with all statutory requirements relating to Dependants Leave.

9) Compassionate Leave

The company will comply with all statutory requirements relating to compassionate leave.

10) Annual Leave

Annual Leave is allocated on a first come first served basis and we must ensure that there are enough care staff to cover visits. You must adhere to the contractual stipulations on a notice period of annual leave requests.

Please note that Annual Leave for 14 continuous days or more, will need special authorisation by the Manager.

We can only allocate each carer holiday time off over either Christmas or New Year. You are required to work one or the other and to give at least 4 weeks’ notice of which you are requesting to work. Requests will be subject to satisfactory care cover for our service users. Any unauthorised leave will be recorded as a hand back of the equivalent hours you would have worked over that period.

11) Pension Scheme

In line with government legislation we offer employees the opportunity to join stakeholder auto enrolment pension scheme whilst in our employment. Further details about the stakeholder pension scheme, and how to opt out if you so wish, will be sent to you with your emailed payslip from our payroll provider.

12) Retirement

In November 2018, State Pension age was 65 for men and women. However, this is gradually increasing and now depends on when you were born.

13) Standard Expectations

The principal duties or accountabilities are listed in the attached job description. In addition, you are required to perform any other duties at the appropriate level of responsibility whether specifically contained in the job description or not, which is consistent with your employment and is reasonable in all the circumstances having regard to personal needs, your experience, abilities and aptitudes, and all other relevant matters. Our standard expectations are:

a. You always treat service users with respect and maintain their dignity .
b. You deliver a person-centred service and ensure you read service user care plans to ensure you are providing the highest standard of care and support that has been specifically tailored for that individual.
c. You will always deliver services in a positive, happy way and converse with the Service User throughout your visit.
d. You remember that Care Plans change, so to keep yourself up to date with service user’s needs by reading any notifications from the office around changes to care plan and medications.
e. You always complete relevant service user documentation including daily records and MAR that are electronically on your Access app.
f. Report any refused medication to the office or on-call.
g. You must not misuse Confidential Information in any way.
h. You will not discuss personal matters with Service Users.
i. You will not discuss other staff members with Service Users.
j. You maintain the highest standards of probity in all aspects of our life.
k. You are flexible, reliable and discreet and will carry out your duties in a professional manner.
l. You respect service users’ homes and the privacy of those living there.
m. You respect other members of staff and treat them with respect and always in a professional manner.
n. You dress appropriately for work tasks and when accompanying service users outside their home.
o. You do not bring your children, pets or any other person to work with you.
p. You are not permitted to travel to service users’ homes with other people in your car who are not employed by Christchurch Care Agency.
q. You are not permitted to visit service users or relatives in your own time for personal reasons unless this has been authorised by the management team.
r. You do not have service users and/or their family members on social media platforms e.g. Facebook, Twitter, Instagram, Snap Chat etc. Refer to Social Media Policy.
s. You do not set up social messenger groups and discuss any service users or their families as this is a breach of their confidentiality.
t. You MUST NOT discuss Christchurch Care Agency on any of your social media platforms.
u. You keep your mobile phone switched on silent when you are working with a service user.
v. You do not make telephone calls when working with a service user unless in an emergency.
w. You do not smoke at your place of work, only using designated areas when office based.
x. You inform us as soon as possible if you are not able to come to work and let us know if you are delayed for more than 15 minutes.
y. You keep Christchurch Care Agency informed of any changes to your address and telephone number.
z. You are required to attend regular supervisions – first supervision month 1 and every 3 months thereafter. You will also be required to attend your yearly appraisal. Failure to do so may result in your rota being removed and/or disciplinary action.

aa. In the course of your employment you will have access to and be entrusted with information relating to service users health, care needs, finances, private business, family business, relationships with others and well-being which is not within the public domain (together “Confidential Information”). You are always required to treat all such information as highly confidential both during the term of this Contract and thereafter.
bb. You shall not disclose confidential information to any person or body unless the disclosure is made for the purposes of the good faith performance of your work duties, as required by any Governmental agency, by law, by order of any judicial body of competent jurisdiction, or is made in confidence to your bankers or professional advisors for the purpose of obtaining professional advice.

14) Strike Scheme

There is a two strikes process in place for care work that is handed back within a 12-week period. This will result in a percentage of your work being taken off your rota.

15) Attendance/Availability Based Rostering

The rota will be done based on the previous 12 weeks on an attendance record and availability spreadsheet where we record hand backs.

16) Christmas & New Year Period

At this time, we will endeavour to try and ensure that staff members are allocated time off either during the Christmas period or New Year period to meet their preference. Staff members will be given a preferred availability form to indicate their preferences though your regular agreed availability must be adhered to if needed for business requirements.

17) Your Responsibility to read Documentation & Familiarise with Policy

The list above is not exhaustive. You should ensure you read through this entire contract and make yourself familiar with the company policies, procedures and processes. If you are unsure of anything you should always seek guidance and support from the management team or HR/Compliance Officer.

18) Honesty, Integrity & Confidentiality

We require our employees to maintain the highest standards of honesty and integrity in all dealings on behalf of the company. In the course of your work you have access to confidential business and personal information (E.G. financial accounts, service user’s medical histories and treatment regimens etc). You may not disclose or discuss any information that could reasonably be regarded as confidential, Confidential information means information conveyed in any form, verbal, written, electronic or otherwise, that is controlled or owned by the company and is not the subject of express written authority permitting its disclosure. Disclosure of such information to any third party without the express consent of the employer (and/or a service user in respect of a request for personal medical records or information) may result in disciplinary action, which could lead to dismissal.
Additionally, you should not discuss any personal issues with clients. You are required to sign the confidentiality agreement which forms part of this contract.

19) Personal Appearance and Personal Hygiene

Employees are required to be of a presentable appearance and to be dressed and to conduct themselves, at all times, in a responsible manner, which is appropriate to a business which takes pride in itself and its reputation. You are required to maintain an acceptable level of personal hygiene.

20) Training

You agree to undertake all training required by your employer to ensure that your skills and knowledge are up to date. Failure to undertake mandatory training requirements may result in removal of work until you are compliant.

21) Alcohol & Drugs

To support delivery of a first-class service, employees are expected to have a responsible attitude towards alcoholic drinks and drugs. Employees are expected to arrive for work free from the effect of alcohol and drugs and are expected to remain so for the duration of their working day.

22) Use of Your Car for Work

If you are using your vehicle for work purposes you are required to have appropriate business insurance cover. It is your responsibility to ensure that you have an adequate insurance cover.

23) Care Work Spot Checks

For any care work you do, spot checks are undertaken throughout the year on average every 8 to 12 weeks. Failed spot checks could result in disciplinary action. We reserve the right to refuse you working additional care hours should issues persist. Spot checks involve correct uniform and PPE, ID badge and showing you are providing a high standard of care and timekeeping.

24) Operational Transfers

We may for operational reasons and upon reasonable notice of a period of 28 days, transfer you to another part of our business or require you to undertake suitable alternative employment elsewhere within the company.

25) Working Time Regulation

In accordance with the Working Time Regulations 1998, employees of this organisation are not required to work more than 48 hours per week. This is averaged over 17-week period. This means that an employee might work more than 48 hours in one week, and less in another during a 17- week period – as long as the average is not more than 48 hours. Employees can opt out of this restriction on weekly hours.

26) Disclosure and Barring Service Fee

You agree for Christchurch Care Agency to deduct the amount of £56.00 from your first payroll to cover the fee of your initial DBS Certificate. It is recommended that you register on the DBS update service.

27) GDPR

Personal information which you submit to us in connection with your employment within the company will be processed in accordance with GDPR regulations. Your personal information may be stored electronically or in hard copy format and will be kept secure. You have the right to access the information we hold about you and ask us to correct any inaccuracies. Equally you have a responsibility to inform the company of any changes to your personal data or Enhanced DBS status.
Due to you holding personal data on your personal mobile telephone you are required to have this password protected and not to disclose this to anyone else.

28) How We Use your Personal Information

We will use your personal information to administer your employment including (but not limited to) the administration of payroll, employee benefits and taxation. We may share your information with agents which we task with some of these functions. Certain aspects of your information will be sensitive and the use of this will be further restricted.

29) Equal Opportunities Data

Ethnicity data will be used only for monitoring purposes and will not be passed to any third party except in the form of anonymous statistics as required for such monitoring. Details which you provide regarding next of kin will be used only to contact them about you in the event of an illness or emergency involving you, and by providing next of kin details you will authorise us to divulge personal information about you to them when necessary. We will neither use your personal information for direct marketing nor pass it to any other organisation for that purpose.

30) Acceptance of Job Offer

Acceptance of an offer of employment will be deemed to imply acceptance of these conditions. Any changes to the terms set out in this document will be advised to you in writing within one month of the change and implemented only following management consultation and authorisation. By signing this document, you consent to Christchurch Care Agency holding and processing both electronically and manually, the data it collects in relation to you and your employment (and in the course of your employment) for the purpose of the company’s management and administration of its employees and its business and/or for compliance with applicable procedures, laws and regulations and to the transfer, storage and processing by the company or its agent or such data outside the European Economic Area. The definition of the company is Christchurch Care Agency.

31) In the event of termination or resignation from employment, on the date your employment ends you are required to attend your Leavers Interview and deliver to Christchurch Care Agency all keys, documents, ID Badge, books, materials, uniform, records, correspondence, and information in whatever format this is in your possession. Failure to do so could result in your wages/salary being withheld until you do so.

32) Termination of Contract

We shall be entitled to terminate this Contract without notice if you commit an act of gross misconduct.

33) Your Agreement of this Contract

By signing the contract, you are agreeing to its content and all other policies and procedures of the company and agree to abide by them.

34) Conflict of Interest

During your employment you will be expected to devote the whole of your working time and attention to the Company’s business and to use your best endeavours to promote the Company’s general interest.

If required to do so you must provide details of any relationships with any of the Company’s customers or suppliers and comply with any reasonable instructions given to you by the Company on such relationships.

35) Other terms and conditions of employment

Any agreed amendments that materially alter the terms and conditions contained in your contract will be notified to you in writing and shall take precedence over the terms in this statement.