CONTRACT OF EMPLOYMENT

BETWEEN

LEGACY HOMECARE

AND

EMPLOYMENT CONTRACTOR AGREEMENT

THE TERMS AND CONDITIONS CONTAINED WITHIN THIS DOCUMENT SUPERSEDE ALL AND ANY PREVIOUS WRITTEN AND VERBAL CONTRACTS, BOTH EXPRESS AND IMPLIED AND ALL AND ANY DISCUSSIONS THAT MAY HAVE TAKEN PLACE BETWEEN THE PARTIES PRIOR TO THIS DOCUMENT BEING SIGNED AND THE TERMS AND CONDITIONS CONTAINED HEREIN FORM THE ENTIRE AGREEMENT BETWEEN THE PARTIES TO IT.

WHEREAS: -

The Employer employs the Employee as above job title. The employment began on the commencement date and no period of previous employment counts towards the Employee’s continuous employment with the Employer.

Place of work – The Employee will be required to work at one of our Contracted Care Homes or placement; this will vary dependent upon needs of our contracted services where the relevant addresses at which the Employee will work will be allocated to the Employee in advance of the work.

1. Hours of work – The Employee’s hours and days of work will be variable and subject to a weekly Rota. The Employee will be entitled to the hours each week as stated above.

2. Pay – The Employee’s rate of pay will be as stated above. The Employee’s pay will be payable Weekly in arrears and as detailed on the pay statement.

3. Training requirement - as part of the Employee’s employment with the Employer he/she will be expected to undertake any reasonable training related to his/her work as the Employer deems necessary from time to time. The Employee’s duties may involve him/her travelling away from his/her normal place of work in order to participate in training which the company believes is reasonably necessary. Where this involves travel outside the Employee’s normal working hours, he/she will not receive additional pay. This may mean traveling in the early morning, in the evening or at weekends or even staying overnight so as the Employee can be ready to attend training on the designated start day and at the designated start time. These requirements form part of the Employee’s job description and the level of his/her salary takes account of these extra duties. The Employee will be expected to complete any pre- or post-training work on time and, where necessary, to report the benefits of his/her training to his/her line manager and other colleagues, as required. Unacceptable behaviour relating to any training event will be a breach of the company’s disciplinary procedure and may render the Employee liable to disciplinary action, including summary dismissal. Unacceptable behaviour includes failure to attend the training event without notifying the line manager of an acceptable reason in advance, leaving the training event early, inappropriate behaviour at the training event, which includes abusive, offensive or inappropriate language or behaving in a way that could bring the Employer’s name into disrepute, as indicated in the company’s disciplinary procedure. If the Employee leaves the employment of the Employer, for any reason whatsoever, the Employer will be able to claw back the cost of training at the following rate

Termination of employment within 6 months of the training course –£300 claw back

Termination of employment within 12 months of the training course –£200 claw back Termination of employment within 18 months of the training course– £100 claw back Termination of employment after 18 months of the training course - £0 claw back 

4. Flexible job duties – At times the Employee may be required to undertake additional tasks, duties and responsibilities within their capabilities. The Employer reserves the right to vary the Employee’s tasks, duties and responsibilities at any time according to the needs of the Employer’s business. There will also be times when the Employee may be asked to transfer, either temporarily or permanently, to an alternative job within the company. Where this is agreed with the Employee, either on a temporary or a permanent basis, it will be confirmed in writing.

5. Collective agreements - No collective agreements affect the Employee’s terms and conditions of employment.

6. Public/bank holidays – The Employee’s holiday entitlement is documented within the staff handbook.

7. Sickness pay and conditions - There is no contractual sickness/injury payments scheme; but the Employee may be entitled to Statutory Sick Pay.

8. Medical examinations - The Employer may require the Employee to undergo a medical examination by

such medical practitioner as the Employer shall nominate at any stage of the Employee’s employment and the Employee agrees to authorise that medical practitioner to prepare a medical report detailing the

results of the examination for disclosure to and discussion with the Employer. The cost of such examination will be met by the Employer and the Employee will co-operate in the disclosure of all results and reports to it.

The Employer will only request such an examination where it is reasonable to do so but the Employee’s failure to co-operate, without justifiable reason, may result in disciplinary action being taken. In addition, it may mean that the Employer has to take a decision about the Employee’s future employment without the benefit of expert medical opinion.

Should a medical practitioner appointed by the Employer require details of the Employee’s medical history in order to assist in the preparation of a medical report, the Employee will be asked to give his/her written consent for the medical practitioner to contact his/her doctor or specialist for his/her medical records and/or for a medical report. Any such request will be subject to rights bestowed by the Data Protection Act 1998 and/or the Access to Medical Reports Act 1988, as appropriate.

There may also be occasions where the Employer considers it necessary to request a medical report on the Employee’s health from his/her doctor or specialist. Where a medical report is necessary, the Employee will be informed of his/her rights under the Access to Medical Reports Act 1988 and will be asked to give his/her written consent for the Employer to contact the Employee’s doctor or specialist to obtain a medical report. If the Employee refuses permission for the Employer to contact his/her doctor or specialist, the Employee will be informed that a decision relating to his/her employment may be made without the benefit of medical opinion.

9. Procedures for dealing with capability issues – These can be found in detail in the Employee Handbook; for the avoidance of doubt these procedures are non-contractual and are subject to change.

10. Disciplinary and dismissal procedures - These can be found in detail in the Employee Handbook; for the avoidance of doubt these procedures are non-contractual and are subject to change.

11. Third party pressure to dismiss - the Employer provides services to third parties and the Employee’s duties involve working in third party’s premises. It is a term of business between the Employer and the third parties that the third party has the right to approve or disapprove of the deployment or continued deployment of the company’s employees to work on its premises and its decision in this respect is final. Thus, if the third party disapproves of the Employee’s continued deployment on its premises and if the Employer is unable to redeploy the Employee elsewhere it may be left with no alternative other than to dismiss the Employee from its employment

12. Company procedures and policies – The Employee is required to make him/herself familiar with all company policies and procedures. For ease of reference these are available in the Employee Handbook; the Employee will either be issued with your own copy of the Employee Handbook or be informed where it can be viewed. New policies, procedures and rules may be circulated using other means such as e-mail or notice- boards and the Employee should keep him/herself familiar with these.

13. Retirement - the Employer does not operate a normal retirement age and therefore the Employee will

not be compulsorily retired on reaching a particular age. However, the Employee can choose to voluntarily retire whenever they wish, provided he/she gives the Employer the required period of notice of termination of his/her employment.

14. Notice of termination to be given by Employer - After 3 months service one weeks’ notice to be given by employer.

15. Other deductions - If, either during or on the termination of the Employee’s employment he/she owes the Employer money as a result of any loan, overpayment, default on his/her part or any other reason whatsoever, the Employer shall deduct the amount of the Employee’s indebtedness to it from any payment which it may be due to

make to the Employee. Such deductions may include, but are not limited to: - an overpayment of, or

advancement on, wages, bonus, commission or expenses, whether made by mistake or otherwise any losses, insurance excess payments or insurance premium increases sustained by the Employer as a result of the loss of, damage to or unauthorised use of any of the Employer’s property, or that of any client, customer or supplier, which is caused through the Employee’s carelessness, negligence, recklessness, wilful default or dishonesty loans fines, charges, penalties, or other monies paid or payable by the Employer to any third party for any act or omission on the Employee’s part for which the Employer may be held vicariously liable

the market value of any unreturned property of the Employer on the termination of employment

repayment of any contractual or discretionary sick pay where the reporting requirements have not been followed or the absence is unauthorised repayment of any contractual or discretionary sick pay where monies are also received for the period of sickness absence under an insurance policy or where contractual pay has been paid during a period of sickness as a discretion of the directors

payment of any sum received from the court as loss of earnings for undertaking jury service where the Employee’s wages have been paid by the Employer during the Employee’s absence

attachment of earnings orders, child support maintenance, judgment debts, payments under an administration order, sums ordered to be paid following a criminal conviction, student loans or any other payment required by law.

If the Employer accidentally overpays the Employee in respect of wages, bonus, commission or expenses in a particular pay period, he/she must immediately notify his/her line manager. Failure to notify the Employer in these circumstances may lead to disciplinary action under the Company’s disciplinary procedure.

If, on the termination of the Employee’s employment, his/her final payment of wages is not sufficient to meet his/her debt due to the Employer, the Employee agrees that he/she will repay the outstanding balance to the Employer within one calendar month of the date of termination of the employment, such payment to be made as agreed with the Employer.

16. Salary Ringfence – Where the Employer was obliged to pay a release fee to an agency in order that the Employee could be employed by the Employer then the Employee agrees that the Employer can deduct the sum of £150 per month from the Employee’s net pay, commencing with the first full month’s pay and continuing until a maximum of £1500 has been deducted.

17. These deducted sums will ensure that any release fee that the Employer paid to an agency is recovered and/or mitigated should the Employee leave the Employer’s employment for any reason prior to being employed for two continuous years. Once and only if, the Employee has been employed for two continuous years then the Employer shall return these deducted sums to the Employee together with any interest that may have accrued; such payment to be made without further deduction of PAYE. The Employee may make an application to the Employer to amend these terms should the deductions cause the Employee financial hardship

18. Pension and pension scheme – The Government’s Auto-enrolment provisions apply to the Employee’s employment, he/she will be provided with further details at the appropriate time.

19. Garden leave - the Employer reserves the right to ask the Employee not to attend work at any time at its sole discretion. During any period that the Employee is not required to work he/she will continue to be employed by the Employer and will continue to receive his/her normal pay and benefits, except that the Employee will not receive any bonus or commission payment that is dependent on work being undertaken or on sales or leads being generated.

If the Employee gives notice to terminate his/her contract or if the Employer gives the Employee notice to terminate, the Employee may be asked not to attend work during any or all of the notice period.

In such circumstances, the Employee’s employment will continue throughout the notice period and the Employee will remain bound by all the terms of his/her contract, including but not limited to the Employee’s duties of loyalty, fidelity and confidentiality. The Employee will, therefore, not be entitled to perform any work or activity, whether paid or unpaid, for any other employer or for him/herself until the Employee’s notice period has expired and the Employee must not make any preparations to compete with the Employer.

The Employer may in its absolute discretion take one or more of the following steps in respect of all or part of the notice period: -

Require the Employee to comply with such conditions as the Employer may specify in relation to attending at or remaining away from his/her workplace or from any other of the Employer’s premises or the premises of any customer, client, supplier or agent of the Employer

Always require the Employee to provide his/her contact details and remain contactable during the Employee’s normal working hours to deal with any queries that may arise in relation to his/her job role

Require the Employee to remain available for work during his/her normal working hours should he/she be required

Relieve the Employee from any requirement to perform his/her job duties

Assign the Employee to such other reduced or alternative job duties or responsibilities as the Employer shall, in its absolute discretion, determine and regardless of whether those duties or responsibilities are within the Employee’s normal duties. This may mean that, instead of being placed on garden leave and generally not being required to work during the Employee’s notice period, the Employee is required to continue to attend work and be assigned special duties or projects as an alternative to his/her normal job duties. However, the Employee will not be assigned to duties which he/she cannot reasonably perform, or which are outside the range of his/her normal skills and experience

Suspend, vary or withdraw any powers or responsibilities that may be vested in the Employee, including

any management responsibilities

Require the Employee to resign from office as a director of the Employer and from any other offices or appointments held by the Employee in or on behalf of the Employer

Require the Employee to act only in accordance with its specific directions

Appoint another employee to perform some or all of the Employee’s job duties and require the Employee to give the Employer or any of its employees such assistance and co-operation in effecting a smooth and orderly handover of the Employee’s job duties as the Employer may reasonably require

Require the Employee to abstain, without the prior permission of his/her manager, from directly or indirectly contacting any employee, customer, client, supplier or agent of the Employer

Require the Employee to expressly undertake in writing that he/she has not performed, and will not perform, any work or activity for any other employer or for him/herself and that the Employee has not made, and will not make, any preparations to compete with the Employer

Require the Employee to return all items of property belonging to the Employer which have been supplied to the Employee in the course of his/her employment, including any disks or documents containing any data or information relating to the business of the Employer

Require the Employee to delete or destroy all data and information held by the Employee relating to the business of the Employer and to confirm in writing that he/she has not retained copies of any such data or information

Require the Employee to take any accrued but unused annual leave entitlement.

20. Confidentiality - Confidential information means:

any information which for the time being the Employer regards as confidential and which relates to the employer, its organization, service users, employees, finances, processes, specifications, methods, business, products, affairs or finances; and

any information in respect of which the Employer is bound by an obligation of confidentiality owed to a third party; and

any trade secrets relating to the business of the Employer or of any of its customers, clients, suppliers, agents or distributors; and

which (in each case) has been acquired by the Employee in the course of his employment by the Employer and is not for the time being in the public domain (or is in the public domain through unauthorized disclosure).

The Employee acknowledges that he/she will have access to and/or will be entrusted with confidential information by virtue of his/her employment with the Employer and that the disclosure of any such confidential information would cause immeasurable harm, financial and otherwise to its business, service users or employees.

The Employee agrees to use his/her best endeavors to prevent the publication or disclosure of any confidential information at any time during or after his/her employment with the Employer except in the proper performance of his/her duties or as required by law: -

to disclose or communicate any confidential information to any person, company, business entity or other organization; or

to use any confidential information for any purpose other than the legitimate purposes of the Employer’s business; or

trough any failure to exercise due care and diligence, to permit or cause any unauthorized disclosure of any confidential information.

The Employee acknowledges that all notes, memoranda, documents, disks, files and other data containing [or referring to] confidential information which are acquired, received or made by the Employee in the course of his/her employment belong to the Employer and shall be surrendered by the Employee to the Employer forthwith on request by him and in any event on the termination of his/her employment.

The breach of this agreement may lead to dismissal without notice and will result in prosecution or an action for civil damages under the data protection Act 1998.

Nothing in this Agreement affects any right the Employee has to make a protected disclosure under the Employment Rights Act 1996.

21. Post-termination Restrictions – the Employee agrees that he will not do any of the following 24(1)(a)(I) Solicit the business of, 24(1)(a)(ii) Sell or deliver to, 24(1)(a)(iii) Accept work for private gain from, 24(1)(a)(iv) Accept work for the benefit of a third party from, any person, company or otherwise who was at the time of his termination a customer or potential customer (with whom a transaction would occur within the following 6 months) of the Employer with whom he had any personal dealings whatsoever either

24(1)(a)(v) during his employment with the Employer or any associated or subsidiary companies, or

24(1)(a)(vi) for a period of nine months after the termination of his employment, or in the event that this is found not to be reasonable by a court of law 24(1)(a)(vii) for a period of six months after the termination of his employment

22. (1)(b) After the Employee’s employment has ceased, he will not

24(1)(b)(I) contact (except for in a purely social capacity), 24(1)(b)(ii) deal with, 24(1)(b)(iii) attempt to solicit, any customer of the Employer with whom the Employee had any business dealings in the six months prior to the cessation of your employment. The Employee agrees not to 24(1)(b)(iv) attempt to interfere with the existing relationships between customers and the Employer or its staff, or to 24(1)(b)(v) facilitate in any way, any other person to interfere with any relationship between the Employer or its staff and their customers. for the same period as in cause 24(1)(a)(vi) or in the alternative clause 24(1)(a)(vii).

23. Data Protection – Your personal data, including sensitive personal data, will be held by the Company in its manual and automated filing systems in accordance with the GDPR Regulations. You consent to the processing and disclosure of such data for the purpose of (without limitation) salary administration; pensions administration; health administration; training and appraisal, including performance records, and disciplinary records; health/insurance benefits; equal opportunities monitoring; Company car/lease administration; any company benefit administration; and any other purpose for which data is processed.

24. Variation - The Employer’s directors reserve the right to vary this contract as they deem appropriate and necessary for the effective running of the Employer’s business; any variation will be notified to the Employee in writing within 10 working days.

25. Severance - If a provision of this agreement is prohibited by law or judged to be unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.

26. Law and jurisdiction - This Agreement is to be governed by and construed in accordance with the Laws of England and Wales and the Parties hereto submit to the exclusive jurisdiction of the English and Welsh Courts in respect of any dispute and/or legal proceedings in respect of this Agreement and any matter arising hereunder.

SIGNED by:

Sabu John

Sabu John Managing Director

SIGNED by

      

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