Last Modified: Wednesday December 29 2021 05:08
NewGenCare4u Limited (“Employer”)
(Employee)
1. Status of this Agreement
1.1. This contract governs your engagement from time to time by NewGenCare4u Limited as a casual Support Worker. This is not an employment contract and does not confer any employment rights on you (other than those to which workers are entitled). In particular, it does not create any obligation on you to perform work for NewGenCare4u Limited or on NewGenCare4u Limited to provide work to you and there will be no mutuality of obligation between the parties. You will work on a flexible "as required" basis due to the fluctuating demands of the business and as NewGenCare4u Limited cannot always predict the exact staffing levels it will require.
2. Company's Discretion as to Work Offered
2.1. It is entirely at the discretion of NewGenCare4u Limited whether to offer you work and it is under no obligation to provide work to you at any time.
2.2. NewGenCare4u Limited reserves the right to give or not give work to any person at any time and is under no obligation to give any reasons for such decisions.
3. No Presumption of Continuity
3.1. Each offer of work by NewGenCare4u Limited which you accept shall be treated as an entirely separate and severable engagement (an assignment). The terms of this contract shall apply to each assignment but there shall be no relationship between the parties after the end of one assignment and before the start of any subsequent assignment. 3.2. The fact that NewGenCare4u Limited has offered you work, or offers you work more than once, shall not confer any legal rights on you and should not be regarded as establishing entitlement to regular work or conferring continuity of employment.
4. Start Date
4.1 Your first assignment will commence on the date of your first assignment We will notify you of the start date of any subsequent assignment.
5. Right to Work
5.1 Before offering you an assignment NewGenCare4u Limited will require certain documents from you in order to satisfy itself that you are legally entitled to work in the UK.
5.2 You confirm that you are legally entitled to work in the UK without any additional immigration approvals and agree to notify NewGenCare4u Limited immediately if you cease to be so entitled at any time.
6. Arrangements for Work
6.1 No probationary period applies to your contract., however as it is a zero-hour contract, NewGenCare4u Limited could just stop offering a casual worker any more work if we no longer wish to engage with them
6.2 NewGenCare4u Limited may offer you work from time to time as a Support Worker If NewGenCare4u Limited wants to offer you any work, you will be notified by email.
6.3 You are under no obligation to accept any work offered by NewGenCare4u Limited at any time. However, if you accept any offer to work, your duties will include supporting our service users
6.4 You will usually report to your Line Manager. The precise description and nature of your work may be varied with each assignment, and you may be required to carry out other duties as necessary to meet business needs. You will be informed of the requirements at the start of each assignment.
6.5 If you accept an assignment, NewGenCare4u Limited will expect you to complete the assignment. 6.6 If you will not be able to complete an assignment for any reason, you must inform NewGenCare4u Limited immediately by contacting your Line Manager or General Manager. In the event that an assignment is not completed, you will be paid on an hourly basis for the work completed.
6.7 If NewGenCare4u Limited needs to cancel the assignment, it will notify you as soon as reasonably practicable. 6.8 NewGenCare4u Limited reserves the right to terminate an assignment at any time for operational reasons. You will be paid for all work done during the assignment up to the time it is terminated.
6.9 In order to assist NewGenCare4u Limited in organizing work, please complete the personal information sheet attached to this contract at Schedule 1 and return it to the Line Manager. It is your responsibility to inform NewGenCare4u Limited of any changes to these details.
7. Place of Work
7.1. During each assignment, your place of work will be 71 to 75 Shelton Street, London WC2H 9JQ
Zero Hours/Casual Worker C OR
NewGenCare4u Limited may offer you work at various locations. You will be informed of the relevant place of work for each assignment.
7.2 You will not be required to work outside of the UK.
8. Hours of Work
8.1. During each assignment, your hours of work will vary depending on the operational requirements of NewGenCare4u Limited. You will be informed of the required hours for each assignment.
8.2 You have no normal hours of work, and you will be required to work on an "as required" basis. Your hours will vary according to the needs of NewGenCare4u Limited but [since NewGenCare4u Limited operates on a [24] hour basis, you could be required to work 12 hours shift at any time between the hours of 8 am and 8 pm or asleep night 8.3 NewGenCare4u Limited will notify you of the days and hours that you will be required to work a certain number of days or hours in advance of each assignment. NewGenCare4u Limited is under no obligation to provide you with work or to provide you with a minimum number of hours work each day or week. 8.4 You are entitled to an unpaid lunch break of [one hour] where your assignment requires you to work more than [six hours] in any one day.
9. Working Time Opt-Out
9.1. Please complete the attached form at Schedule 2 to confirm whether you wish to opt out of the 48-hour limit on a week’s work. If you do not opt-out, NewGenCare4u Limited must ensure that it does not offer you work that would result in you working for more than 48 hours in any week. You must keep NewGenCare4u Limited informed of the hours that you work for third parties so that it can comply with this obligation.
10. Pay
10.1. You will only be paid for the hours that you work. The current rate of pay at NewGenCare4u Limited for casual workers is £13 an hour (gross) which will be subject to deduction of tax and NIC's if applicable.
10.2 You will be paid 2 weeks in arrears on or about the 16th of every month by BACS for the hours worked in the previous month.
10.3 NewGenCare4u Limited will make all necessary deductions from your salary as required by law including pension contributions which may be required to be deducted under the auto-enrolment regime which applies to NewGenCare4u Limited. NewGenCare4u Limited shall be entitled to deduct from your pay or other payments due to you any money which you may owe to NewGenCare4u Limited at any time.
11. Benefits
You are not entitled to any benefits during your engagement
Zero Hours/Casual Worker Contract - PC13 Page 3/7
12. Holidays
12.1. Your holiday entitlement will depend on the number of hours that you work and be pro-rated based on a full-time entitlement of 0 during each holiday year (including all OR the usual eight] public holidays in England and Wales). The holiday year at NewGenCare4u Limited runs from 01 April to 31 March.
12.2. If NewGenCare4u Limited allows you to take holiday during an assignment, all holiday requests must be approved in writing in advance by your Line Manager. [Holiday must be requested in line with our Annual Holiday Policy and Procedure. Holidays may be taken at any one time unless prior consent is obtained from the Line Manager, we may require you to take (or not to take) holiday on dates, including during your notice period. 12.3. At the end of each assignment, NewGenCare4u Limited will pay you in lieu of any accrued but not taken during the assignment for the holiday year in which the assignment ends. The amount of the payment in lieu shall be one hour's pay for each accrued but untaken hour of your holiday entitlement.
12.4. If you have taken more holiday than your accrued entitlement at the date that your assignment ends, NewGenCare4u Limited shall be entitled to deduct from any payment due to you the excess holiday pay calculated on the basis set out in paragraph 12.3.
13. Sickness
13.1. If you have accepted an offer of work but are subsequently unable to work the hours agreed, you must notify Ayokunle Akinyosoye of the reason for your absence as soon as possible but no later than 3 hours before the shift on the first day of absence.
13.2. If you satisfy the qualifying conditions laid down by law, you will be entitled to receive Statutory Sick Pay (SSP) at the prevailing rate in respect of any period of sickness or injury during the assignment, but you will not be entitled to any other payments form the Company during such period. For SSP purposes your qualifying days will be your normal working days.
14. Other Paid Leave
You are not entitled to any other paid leave.]
14.2. Further details of such leave [and your pay during such leave] are available from the Staff Handbook].
14.3. We may replace, amend or withdraw the policy at NewGenCare4u Limited on any of the above types of leave at any time.
15. Training
15.1. During your engagement:
Zero Hours/Casual Worker Contract - PC13 Page 4/7
15.2 [Training might be provided to you during your engagement.]
16. Data Protection
16.1. NewGenCare4u Limited will collect and process information relating to you in accordance with the Fair Processing Notice which has been provided to you under separate cover. You are required to sign and date the Fair Processing Notice and return it to the Registered Manager. NewGenCare4u Limited may update the Fair Processing Notice at any time and will notify you in writing of any changes. Following any update to the Fair Processing Notice, you are required to review, sign and return any new version issued.
16.2. You have read and understood and shall comply with the Data Protection and Confidentiality Policy and Procedure at NewGenCare4u Limited when handling personal data in the course of employment including personal data relating to any employee, worker, Client, client, supplier or agent of the Company. Copies of these policies are available on the Management System or QCS App. NewGenCare4u Limited may change policies at any time and will notify you in writing of any changes. Failure to comply with these policies may result in immediate termination of this Agreement. 16.3. NewGenCare4u Limited shall generally rely on a lawful ground for processing; should consent be required, NewGenCare4u Limited shall adhere to its legal obligations in this regard. Further details can be found in the relevant Fair Processing Notice.
17. Company Rules and Procedures
17.1. During each assignment you are required, always, to comply with the relevant rules, policies, and procedures at NewGenCare4u Limited in force from time to time [including but not limited to [insert a reference to relevant rules] OR those contained in the Staff Handbook, [a copy of which has been given to you OR which is available from [position] OR which is available on our intranet]].
18. Confidential Information
18.1. You shall not use or disclose to any person, either during or at any time after your engagement by NewGenCare4u Limited, any confidential information about the business or affairs of NewGenCare4u Limited or any of its business contacts, or about any other matters which may come to your knowledge as a result of carrying out assignments. 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 NewGenCare4u Limited or any of its business contacts.
16.8. The restriction in this clause does not apply to:
18.2.1. Prevent you from making a protected disclosure within the meaning of Section 43A of the Employment Rights Act 1996; or
18.2.2. Use or disclosure that has been authorized by NewGenCare4u Limited or is required by law or in the course of your duties.
19. NewGenCare4u Limited Property
19.1. All documents, manuals, hardware, and software provided for your use by NewGenCare4u Limited and any data or documents (including copies) produced, maintained or stored on computer systems or other electronic equipment at NewGenCare4u Limited (including mobile phones), remain the property of NewGenCare4u Limited. 19.2. NewGenCare4u Limited property in your possession and any original or copy documents obtained by you in the course of your work for NewGenCare4u Limited shall be returned to [position] at any time on request and in any event at the end of each assignment.
20. Termination
20.1. If you [wish your name to be removed from the staff bank at NewGenCare4u Limited OR no longer wish to be considered for casual work by NewGenCare4u Limited], you should inform [the HR department] as soon as possible. 20.2. NewGenCare4u Limited may remove your name from its staff bank if you are unable to accept an assignment on [three] consecutive occasions OR work for [four] consecutive weeks].
20.3 NewGenCare4u Limited may reduce its requirement for casual workers from time to time and/or may update the terms on which it offers such work. In the event of any such changes NewGenCare4u Limited may terminate this contract with immediate effect by giving notice in writing to you. In the event of any changes to the terms on which it is prepared to engage such workers, you may, at the absolute discretion of NewGenCare4u Limited, be offered a new contract for casual work.
20.4. NewGenCare4u Limited may terminate this contract immediately by giving notice in writing to you if it reasonably considers that you have committed any serious breach of its terms or committed any act of gross misconduct. Non-exhaustive examples of gross misconduct include [dishonesty, theft, fighting, misuse of drugs or alcohol or any other acts or omissions which might bring NewGenCare4u Limited into disrepute].
20.5 For the avoidance of doubt, on the termination of this contract (however caused) you will not be entitled to any further payments from NewGenCare4u Limited other than any outstanding pay and holiday pay.
21. Disciplinary and Grievance Procedure
Your attention is drawn to the disciplinary rules and procedure and grievance procedure that apply to your engagement as a worker, copies of which are contained in the Staff Handbook. These rules and procedures do not form part of this contract]. NOTE - we can include disciplinary rules if you wish, however as it is a zero-hour contract, NewGenCare4u Limited could just stop offering a casual worker any more work if we no longer wish to engage with them]
21.1 [If you wish to appeal against a disciplinary decision you may apply in writing to the Line Manager in accordance with our disciplinary procedure.]
21.2 [If you wish to raise a grievance you may apply in writing to your Line Manager in accordance with our grievance procedure.]
22. Pensions
You are not eligible to be enrolled in a pension scheme.
23. Collective Agreements
23.1 There is no collective agreement that directly affects your engagement as a worker.
24. Totality of Terms
24.1 This contract is intended to fully reflect the intentions and expectations of both parties as to our future dealings and in the event of any dispute regarding your engagement as a casual worker by NewGenCare4u Limited, it shall be regarded as a true, accurate, and exhaustive record of the terms on which we have agreed to enter a casual work relationship. Any variation to this contract will only be valid where it is recorded in writing and signed by both parties [and no additional or modified terms should be implied by any other actions of you or NewGenCare4u Limited. You confirm that you have read and understood the contents of this document.
Changing Terms and Conditions
20.1. NewGenCare4u Limited may review its requirement for casual workers from time to time and/or may update the terms on which it offers such work. In the event of any changes
You are not eligible to be enrolled in a pension scheme.
23. Collective Agreements
23.1 There is no collective agreement that directly affects your engagement as a worker.
24. Totality of Terms
24.1 This contract is intended to fully reflect the intentions and expectations of both parties as to our future dealings and in the event of any dispute regarding your engagement as a casual worker by NewGenCare4u Limited it shall be regarded as a true, accurate, and exhaustive record of the terms on which we have agreed to enter a casual work relationship. Any variation to this contract will only be valid where it is recorded in writing and signed by both parties [and no additional or modified terms should be implied by any other actions of you or NewGenCare4u Limited. You confirm that you have read and understood the contents of this document.
Changing Terms and Conditions
20.1. NewGenCare4u Limited may review its requirement for casual workers from time to time and/or may update the terms on which it offers such work. In the event of any changes
to the terms on which it is prepared to engage casual workers, NewGenCare4u Limited may terminate this contract with immediate effect by giving notice in writing to you and you may, at the absolute discretion of NewGenCare4u Limited, be offered a new contract for casual work.
21. Governing Law
21.1. This contract will be governed by the law of England and Wales. Please indicate your acceptance of these terms by signing and returning to us the attached copy. I hereby acknowledge and accept the contents of the contract.
Schedule 2 - Working Time Election From
Please tick one of the boxes below and sign and date this form. Completed forms should be returned to the Line Manager. We are unable to offer you any work until we have received this form.
[ ] - I wish to opt out of the 48-hour working week restriction under the Working Time Regulations 1998. You may terminate this agreement by giving three months' written notice at any time.
[] - I do not wish to opt-out of the 48-hour working week restriction under the Working Time Regulations 1998