A new home care business must employ care workers and supply Employment Contracts for Care Workers
Below is a copy of the agreement I use with my care workers. Please read the disclaimer on this website.
Employment Contracts for Care Workers : Specimen
- Company Name.
The company name is Quality Home Care
Name & Address
- Job Title.
The job title is CARE WORKER and the duties are set out in the attached job description. The Employee shall devote the whole of his/her working time, attention and abilities to the business of Quality Home Care in respect of the assignments accepted and shall diligently perform such duties as may from time to time be assigned to him/her by Quality Home Care.
- Start of Contract.
Employment with Quality Home Care commences on [Insert Date]. No employment with a previous employer counts towards the period of continuous employment with Quality Home Care. The Employee warrants that they are entitled to work in the UK and will notify Quality Home Care immediately if they cease to be so entitled at any time during their employment with Quality Home Care.
- Probationary Period.
Employment with Quality Home Care is subject to satisfactory completion of an induction training course and a three months probationary period. During this period, either the Employee or Quality Home Care may terminate the employment giving one week’s notice in writing. Quality Home Care may, at its discretion, extend this period for up to a further three months. The disciplinary procedure set out in Quality Home Care’s policies and procedures does not apply during the probationary period.
- Place of Work.
By its definition, domiciliary care happens in many different locations and Quality Home Care is responsible for providing services at various locations for varying periods of time. Accordingly the Employee will have no fixed place of work and will be expected to perform duties at any location that is within reasonable travelling distance of the Employee’s home as determined by Quality Home Care. The Employee will not be required to work outside the UK for more than one month during the term of his/her employment and will only be allocated such work with the agreement of the Employee.
- Payment & Deductions from Salary.
The Employee will be paid the amount set out in Quality Home Care’s schedule. The Employee will be paid fortnightly . Variations to hourly rates may apply in some instances for part hours, weekend and bank holiday work. Quality Home Care is authorised to deduct from the Employee’s salary any money, which the Employee owes to Quality Home Care arising out of the Employee’s employment or its termination as specified in this contract and in the Employee’s subsequent training and the policies and procedures of Quality Home Care, including any loans and the value of any property or materials belonging to Quality Home Care, which the Employee has negligently lost or damaged.
- Repayment of Training Costs.
From time to time Quality Home Care may incur costs in arranging or providing for the Employee to attend training courses. In consideration of this, the Employee agrees that if their employment terminates after Quality Home Care has incurred liability for the cost of the Employee’s training the Employee will be liable to repay some or all of the fees, expenses and other costs (the Costs) associated with such training courses in accordance with this clause. Except in the circumstances set out below, the Employee shall repay Quality Home Care as follows:
- If the Employee ceases employment before the Employee attends any training course but Quality Home Care has already incurred liability for the costs, 100% of the Costs or such proportion of the costs that Quality Home Care cannot recover shall be repaid;
- If the Employee ceases employment during the training course or within 12 months of completing the training course, 100% of the Costs shall be repaid;
- If the Employee ceases employment more than 12 months but no more than 24 months after completion of the training course, 50% of the costs shall be repaid;
- Thereafter, no repayment shall be required;
The Employee shall not be required to repay any of the costs under this clause if:
- Quality Home Care terminates the Employee’s employment, except where it was entitled to and did terminate the Employee’s employment summarily;
- The Employee terminated the employment in response to a fundamental breach by Quality Home Care;
- The Employee agrees to Quality Home Care deducting the sums under this clause from the Employee’s final salary or any outstanding payments due to the Employee;
- The Employee agrees that if Quality Home Care waives the Employee’s obligation to repay the Costs under this clause, the Employee will be solely responsible for any income or other tax payable as a result of the waiver and the Employee shall indemnify Quality Home Care on a continuing basis in relation to any such tax.
- Hours of Work.
- This is a ‘Zero Hours’ contract. The Employee will work such hours and at such times as are agreed between the Employee and Quality Home Care. The Company is not under an obligation to offer the Employee any work and has specifically reserved the right to reduce the Employee’s working hours whenever necessary. There is emphatically no guarantee of work or of minimum hours under this contract.
The Employee shall be entitled to 28 days paid holiday in each holiday year (this is a full-time Employee equivalent for Employees working 5 days or more a week. Employees not working full time are entitled to paid holiday calculated on a pro rata basis by reference to a full-time entitlement). The Employee is not entitled to paid leave on Bank Holidays. The rates of pay for working on Bank Holidays will be paid only on the designated Bank Holidays set out by HM Government. Where special arrangements have been made (e.g. when Christmas Day falls on a Sunday) non-Bank Holidays will be paid at the usual rate. Healthcare is an occupation which happens 365 days a year and care workers will be expected to accept their share of work, on a rota-basis, of work at weekends and on Bank Holidays including Christmas. Quality Home Care’s holiday year runs between 1st January to 31 December. If the employment commences or terminates part way through a holiday year, the Employee’s entitlement during that holiday year shall be calculated on a pro-rata basis rounded up to the nearest half day.
- Holiday shall be taken at such time or times as shall be approved in advance by Quality Home Care and four weeks’ advance notice is required and will be granted (on a first come first served basis) providing that there are sufficient staff members available to ensure cover. No holiday (whether paid or unpaid) shall be taken during December. The Employee shall not carry forward any accrued but untaken holiday entitlement to a subsequent holiday year unless the Employee has been unavoidably prevented from taking such holiday during the relevant leave year because of sickness absence or statutory maternity, paternity or adoption leave.
- The Employee shall have no entitlement to any payment in lieu of accrued but untaken holiday except on termination of the employment. The amount of such payment in lieu shall be 1/260th of the Employee’s salary for each untaken day of the entitlement under clause 9a for the holiday year in which termination takes place and any untaken days carried forward from the preceding holiday year.
- If Quality Home Care has terminated or would be entitled to terminate the employment without notice or if the Employee has terminated the employment in breach of this agreement any payment due under clause 10 shall be limited to the Employee’s statutory entitlement under the Working Time Regulations 1998 and any paid holidays taken shall be deemed first to have been taken in satisfaction of that statutory entitlement.
- If on termination of the employment the Employee has taken in excess of their accrued holiday entitlement, Quality Home Care shall be entitled to recover from the Employee by way of deduction from any payments due to the Employee or otherwise one day’s pay calculated at 1/260th of the Employee’s salary for each excess day.
- If either party has served notice to terminate the employment, Quality Home Care may require the Employee to take any accrued but unused holiday entitlement during the notice period.
- Sickness and Absence from Work.
- Quality Home Care has a responsibility to our customers to provide reliable care and it is up to the Employee to tell their coordinator (or their nominated deputy) if the Employee genuinely cannot get to a customer because of illness. If the Employee is absent from work for any reason, he/she must notify their coordinator (or their deputy) of the reason for their absence as soon as possible but no later than 0830 on the first day of absence or at least thirty minutes before the first scheduled visit if this should be earlier than 0830.
- Failure to inform the coordinator in good time may lead to disciplinary action up to and including dismissal. Information must be conveyed verbally, not electronically.
- Although Quality Home Care will make no payments for absences from work (except paid leave under the Working Time Regulations), the Employee will be paid Statutory Sick Pay and Statutory Maternity and Paternity Pay where the Employee is eligible under the rules of each scheme.
- For all absences under eight consecutive days, the Employee is required to complete a certificate detailing the reasons for their absence and provide this to their Care Manager or their deputy as required. If self-certified illness later proves to be false this will be treated as gross misconduct and dealt with under Quality Home Care’s disciplinary policy. For periods of eight consecutive days or more the Employee is required to obtain at their own cost a medical certificate stating the reasons for their absence and provide this to their coordinator (or their deputy) for all absences from work due to sickness of eight consecutive days or longer. A certificate stating the Employee’s fitness to return to work may be required.
- Following any period of self-certified sickness absence the Employer reserves the right to suspend the Employee for a further two days on full pay and to ask the Employee to provide a statement of fitness for work from their general practitioner before the Employee may return to work.
- The Employee agrees to consent to a medical examination (at the Employer’s expense) by a doctor nominated by Quality Home Care should Quality Home Care so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to Quality Home Care and Quality Home Care may discuss the contents of the report with the relevant doctor.
- If the Employee is absent from work Quality Home Care shall pay the Employee Statutory Sick Pay (SSP) provided that the Employee satisfies the relevant requirements. The Employee’s qualifying days for SSP purposes are Monday to Friday.
- Missed Visits (Hourly Care).
Reliability is vital and could literally be a matter of life and death. Therefore if a care worker does not attend their work without first notifying the co-ordinator (or deputy) Quality Home Care will levy a charge on the Employee of up to £10.00 per visit missed to cover the considerable costs incurred by Quality Home Care in re-allocating the work. If the Employee terminates their employment with Quality Home Care without giving the required notice period set out in clause 19, Quality Home Care will deduct a sum of up to £100 from the Employee’s salary to cover the costs incurred by Quality Home Care in re-allocating work and other associated costs.
- Failure to Fulfil a Live-in Assignment.
The Employee must inform Quality Home Care at least one month in advance of their inability to continue with or to start a live-in assignment. If the Employee should leave a live-in assignment without the approval of Quality Home Care a charge up to a total equal to one week’s wages may be levied against the Employee to cover the costs associated with their non-availability.
Care workers must not carry out tasks for customers which have not been agreed in advance by Quality Home Care. There may be significant Health & Safety or insurance implications. If in doubt care workers should ask their line manager. Care workers must not hold keys for customers at any time.
The standards upon which Quality Home Care operates are clearly defined in the UKHCA Code of Conduct and in the policies and procedures of Quality Home Care. The provision of care is legally controlled and Quality Home Care and the Employee must operate within the requirements of the national regulator. These are explained to the Employee at Induction training but copies are available from the Employee’s Care Manager at any reasonable time.
- Company Property.
Before the Employee starts work with Quality Home Care the Employee will be issued with a uniform, an identification badge and the Training Pack. On termination of employment the Employee must return all Company property in a respectfull condition.
- Criminal Records Checks.
A contribution to the cost of the Employee’s criminal record check a deposit of £30.00 will be paid on the first day of induction.
Quality Home Care may be inspected from time to time by Social Services Departments, as part of any police investigation or by the Regulating Body. By signing this contract the Employee consents to Quality Home Care processing data relating to the Employee for legal, personnel, administrative and management purposes and in particular to the processing of any sensitive personal data (as defined in the Data Protection Act 1998) relating to the Employee including, as appropriate:
- Information about the Employee’s physical or mental health or condition in order to monitor sick leave and take decisions as to the Employee’s fitness for work;
- The Employee’s racial or ethnic origin or religious or similar beliefs in order to monitor compliance with equal opportunities legislation;
- Information relating to any criminal proceedings in which the Employee has been involved for insurance purposes and in order to comply with legal requirements and obligations to third parties;
- Quality Home Care may make such information available to those who provide products or services to Quality Home Care (such as advisers and payroll administrators), those who Quality Home Care provides services to, regulatory authorities, potential or future employers, governmental or quasi-governmental organisations and potential purchasers of Quality Home Care or the business in which the Employee works.
- Termination and Notice Period.
After successful completion of the probationary period referred to in clause 5, the prior written notice required from the Employee or Quality Home Care to terminate the Employee’s employment shall be as follows:
- One calendar month until the Employee has been continuously employed for a period of four complete years;
- After four complete years, one week for each complete year of continuous employment up to a maximum of 12 weeks’ notice;
- Quality Home Care may at its absolute discretion terminate the employment without notice and make a payment of basic salary in lieu of notice, but does not commit to pay the employee in lieu of notice and may require the Employee to work the notice period;
- Quality Home Care shall be entitled to dismiss the Employee at any time without notice or payment in lieu of notice if the Employee commits a serious breach of their obligations as an Employee (including non-observance of Quality Home Care’s policies or refuses or neglects to comply with any reasonable and lawful directions of Quality Home Care or is, in the reasonable opinion of Quality Home Care, negligent and incompetent in the performance of their duties or if the Employee ceases to be entitled to work in the United Kingdom);
- The rights of Quality Home Care are without prejudice to any other rights that it might have at law to terminate the employment or to accept any breach of this agreement by the Employee as having brought the agreement to an end. Any delay by Quality Home Care in exercising its rights to terminate shall not constitute a waiver of that right;
- Quality Home Care has the right to dismiss the Employee summarily for any gross misconduct as specified in the Staff Handbook.
Upon leaving the Company, or in the notice period leading up to the Employee leaving the company and for a period of six months the Employee shall not (without prior written permission from a director of the Company):
- Seek to contact or influence in any way existing Employees of the Company or to solicit them to change their employment or for any other reason;
- Contact any existing customer or their family, friends or other stakeholders for any reason;
- Set up as a director, partner or owner of a competitor organisation;
- Accept a post involving the delivery of any form of care service from an existing customer of the Company even if the customer should approach the Employee.
For the purposes of this clause and that of clause 20 confidential information means information (whether or not recorded in documentary form, or stored on any magnetic or optical disk or memory) relating to the business, products, affairs and finances of Quality Home Care for the time being confidential to Quality Home Care and trade secrets including, without limitation, technical data and know-how relating to the business of Quality Home Care or any of its business contacts. All Quality Home Care employees, by definition, are in possession of confidential information. The Employee shall not (except in the proper course of their duties), either during the employment or at any time after its termination (however arising), use or disclose information to any person, company or other organisation whatsoever (and shall use his/her best endeavours to prevent the publication or disclosure of) any confidential information. The Employee must not disclose to any other party except to a colleague under professional conditions. Under no circumstances must any information be discussed with any individual who is not an Employee of Quality Home Care without the prior written consent from their line manager. The Employee must not disclose the information the Employee knows about colleagues or about Quality Home Care that is of a confidential nature. The Employee shall not use the information available to them as an Employee of Quality Home Care for any other reason. The Employee will not contact or facilitate another person to contact any staff member, customer or any other stakeholder. The Employee will not contact any customer, Employee or other stakeholder for any reason if they cease to be an Employee of Quality Home Care for any reason. The Employee shall not use any social media site or similar vehicle to mention colleagues customers or any activities or views about Quality Home Care in line with Quality Home Care’s social media policies as set out in the Staff Handbook.
- Use of the Employee’s Car for Work.
If the Employee uses their own car for business travel, the Employee must keep the car in a good and legal condition and make sure that MOT certificate (if applicable) tax and insurance are up to date and appropriate. The Employee must also ensure that their insurance covers them for business use as well as personal use. It is the Employee’s responsibility to drive in a safe and legal way and Quality Home Care will not pay or in any other way take responsibility for any fines or other penalties the Employee has incurred. Travel expenses will be paid by prior agreement in writing. The Employee shall, upon request, immediately provide to the Employer an original copy of a valid, up to date MOT certificate for the vehicle the Employee is using for business travel for the Employer and the original copy of their valid driving licence and insurance certificate.
- Company Policies.
The Employee’s attention is drawn to the disciplinary and grievance procedures applicable within the employment, which are contained in the Staff Handbook provided on the commencement of employment. Policies and procedures are not part of this contract.
A contracting out certificate is not in force in respect of the Employee’s employment. There is no entitlement to pensions benefit in relation to the Employee’s employment, however Quality Home Care shall provide access to a designated stakeholder pension scheme as required by law. Quality Home Care does not make any contributions to such stakeholder scheme.
- Trade Union Recognition.
There are no Trade Union Collective Agreements applicable to this employment. Quality Home Care does not recognise any union for the purpose of its provision of service but fully accepts that the Employee may choose to belong to such an organisation.
- Changes to Terms of Employment.
Quality Home Care reserves the right to make reasonable changes to any of the Employee’s terms of employment. The Employee will be notified in writing of any change as soon as possible and in any event within one month of the change.
- Third Party Rights.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement. No person other than the Employee and Quality Home Care shall have any rights under this agreement and this agreement shall not be enforceable by any person other than the Employee and Quality Home Care.
- Disciplinary and Grievance Procedures.
Quality Home Care reserves the right but does not have the obligation to suspend the Employee with pay for a reasonable period for the purposes of investigating any allegation of misconduct or neglect against the Employee.
- Principal Terms.
These terms represent the principal terms of the agreement between Quality Home Care and the Employee. The conditions of the Employee’s employment may change from time to time and these issues will be advised to the Employee. Changes in Policies or Procedures may evolve and these are available to the Employee upon request.
I have read and fully understood this contract and agree to be bound by it.
Staff Bank/Building Society details
Payment will be made by automatic transfer into the Employee’s bank account and a payslip sent to the Employee’s home address.
Banks and building societies will normally take several days to set up the transfer system to individual accounts and therefore in some circumstances the first payment will be made by cheque.
Disclosure and Barring Service Declaration
Under the Rehabilitation of Offenders legislation work with vulnerable people requires ALL convictions, charges or cautions (whether technically ‘spent’ or not) to be declared prior to any employment commencing. The Employee is therefore required to complete the following declaration.
I understand that under law I must declare any arrest, charge, cautions or convictions and that ALL such occurrences must be stated. Any such occurrences are listed in the box below;
Signed ……………………….……………………………………Date ………………………………………….
Please write the name of the person we should contact in the event of a serious accident or other emergency.