CONTRACT OF EMPLOYMENT

Transcription

1 CONTRACT OF EMPLOYMENT This document sets out terms and conditions of employment. It incorporates the written statement of particulars required by the Employment Rights Act 1996 (ERA) and constitutes the contract of employment between: 1. The Governing Body of Collingwood College ( the Academy ) Kingston Road Camberley Surrey GU15 4AE and 2. [Name of Employee] [insert address] 1. Commencement of Employment and Period of Continuous Employment Your employment by the Governing Body [will commence/commenced] on [insert date]. For the purposes of establishing statutory employment rights (other than for the purposes of entitlement to redundancy pay) your period of continuous employment commenced on [insert date]. For the purposes of the Redundancy Payments (Continuity of Employment in Local Government etc) Order 1999, as amended, your period of continuous employment commenced on [insert date]. 2. Probationary Period [remove if not applicable] The first [number of weeks or months] of your employment will be a probationary period. During this period your suitability for the role will be monitored. At the end of the probationary period your performance will be reviewed and, if deemed to be satisfactory by the Governing Body, your appointment will be confirmed. If at the end of your probationary period, or at any time during it, the Governing Body considers your performance, conduct or attendance has been less than satisfactory, or has doubts about your suitability for the role, it may, at its sole discretion, choose to terminate your contract giving you one week s notice (or statutory notice, if this is greater). Alternatively the Governing Body may agree to extend the period of probation. An extension will normally only be agreed in exceptional circumstances. 3. Appointment Details Job Title: Contract Type: Place of Work: [e.g. Teaching Assistant] This is a [permanent/temporary/fixed-term post]. [Insert reason for fixedterm/temporary post where applicable, and end date if fixed term]. Your normal place of work will be the premises of the Academy, at the address outlined at the commencement of this contract. You may from time to time be required to work elsewhere as may reasonably be required by the Co- Principal. Working Hours: Your normal weekly hours will be [hours] to be served over a total of [weeks] weeks per year (i.e. term time only [plus [xx] weeks]). The pattern of hours which you will be required to work each week will be advised to you separately. Breaks during your working day will be unpaid. Term time staff may have their pattern of hours varied to ensure that they serve a total number of annual hours based on the number of weeks they are required to work per year and their weekly hours. As a result, you may be required to attend for work on a day of the week that you do not normally work. 1

2 [Optional] Included within your commitment of annual hours is a requirement to attend [XX] In Service Training Days (INSET). If the number of days/hours you are required to attend need to be varied in accordance with the Academy's arrangements for INSET days in any given academic year then this will be notified to you separately in good time. 4. Annual Leave Your annual leave entitlement upon commencement will be [24/28] days per annum. Part-time employees receive their leave entitlement on a pro-rata basis. Temporary or sessional workers will receive annual leave proportionate to completed service during the leave year. [Employees with 5 or more years continuous service are entitled to receive an annual entitlement of 28 days per annum. For these purposes, the Academy also recognises continuous service from other maintained schools and academies on a discretionary basis - amend/delete as appropriate]. The leave year runs from September to August. [Choose the most relevant option below and delete the other] Option A: Staff Employed Full Year Your entitlement to paid holiday will be calculated on a pro-rata basis during your first and last year of employment. In the event of the termination of your employment for any reason, a deduction will be made from your salary equivalent to any holiday taken in excess of accrued entitlement. If your final salary payment is insufficient to allow for the whole of any such deduction, you will be required to repay the outstanding amount due to the Academy within one month of you leaving employment. Any leave outstanding on resignation should normally be taken during the notice period. If operational reasons prevent the outstanding leave being taken during the notice period, payment in lieu of leave not taken may be made. You may, subject to the approval of your Line Manager, take a maximum of ten working days leave during term-time. Full-time staff will normally be required to retain three days annual leave entitlement to be taken when the College is closed over the Christmas and the New Year holiday period. You will also receive paid time off in respect of each of the eight normal public holidays each year. Should you be required to work on a public holiday you will receive equivalent time off in lieu. For part-time staff, entitlement to paid time off for public holidays is calculated on a pro-rata basis, irrespective of the normal working pattern. Option B: Term Time Employees (includes Surrey Pay denominator amend as appropriate) Term time employees receive an annual salary based on the number of term time weeks for which they are employed, plus the normal annual leave and public holiday entitlement (eight days per annum) on a pro rata basis. Annual leave is therefore deemed to be taken during school closure periods and cannot be taken during term time. Annual salary for term time only staff is calculated as indicated below. The resulting salary is paid in 12 equal monthly instalments and includes annual leave and public holiday pay spread over this period. There is therefore no further entitlement to paid annual leave or public holidays. Number of weeks worked x number of hours worked x full-time salary Denominator of 1647 or 1618* 2

3 * The denominator of 1647 is applicable to staff with less than 5 years service. The denominator of 1618 is applicable to staff with more than 5 years service. 5. Salary The salary scales adopted by the Governing Body will be reviewed annually and any changes agreed by the Governing Body will normally take effect from 1 April each year. Consideration of any cost-of-living pay award for support staff will have regard to, but not be bound by, any national agreement reached by the NJC for Local Government Services. Your salary will be determined in accordance with Grade [grade]. The current full-time equivalent scale range for this grade and your pro-rata salary are outlined below: Grade Minimum (FTE) Maximum (FTE) xx xx,xxx xx,xxx Your full-time equivalent starting salary will be: xx,xxx Your pro-rata starting salary (if applicable) will be: xx,xxx You will be paid monthly in arrears by credit transfer into a bank or building society account and it is a condition of service that you maintain such an account during your period of employment. For term time employees, pay is averaged and paid over the full year. This means that term time employees are also paid during those weeks that are non-working weeks. This method of payment includes annual leave and bank holiday entitlement. Subject to satisfactory service you will receive an increment on the anniversary of your appointment until the maximum of the scale is reached. 6. Sickness Absence You must notify your line manager as soon as possible on the day in question if you are unable through illness or injury to attend work. If you are absent for up to seven calendar days, you must complete a self-certification form. If you are absent into an eighth continuous day of absence, you must provide a statement of fitness for work from a registered medical practitioner, stating the reason for your absence and how long you are advised to refrain from work. Continued absence must similarly be covered. Your entitlement to sickness payment will be in accordance with the information below, and full details of the sick pay provisions and notification requirements are available from the Academy. Sick pay is inclusive of statutory sick pay (SSP). Occupational sick pay is dependent upon continuous service at Collingwood College as follows: Continuous Service Full Pay Half Pay During 1 st 4 months 3 weeks n/a From 4 months to 1 year 5 weeks 5 weeks During 2 nd year 10 weeks 10 weeks During 3 rd year 15 weeks 15 weeks From 4 th year to 15 th year 20 weeks 20 weeks Over 15 years 23 weeks 23 weeks 3

4 7. Pensions Providing you have a contract of at least 3 months duration and are aged under 75 you will automatically be entered into (or will remain in, if you are already a member) the Local Government Pension Scheme (LGPS) and deductions will be made from salary in respect of scheme membership from the date of appointment. Employees with contracts of less than 3 months can elect to join the scheme. The LGPS is a Career Average Revalued Earnings ( CARE ) scheme, currently contracted out of the State Second Pension. Contracting out is, however, due to end in April You may choose to opt out of the scheme at any time by notifying the Academy and completing an opt-out form. Scheme members pay pension contributions based on how much they are paid, depending on which pay band they fall into, and do not pay tax on the amount paid into their pension. If you work part time and/or term time you will therefore only pay contributions on your actual pay. The pay band ranges are reviewed each April in line with the cost of living. 8. Notice of Termination During your probationary period, your employment may be terminated by either party giving one week s notice in writing. [Depending on the nature of the appointment, select one option below and delete the others:] Option 1: Permanent Contracts: Upon successful completion of your probationary period, you must give (and will be entitled to receive) a minimum of [xx] [months/weeks] notice in writing. Option 2: Temporary Contracts (but not Fixed Term): As this is a temporary appointment, when the purpose for which the contract has been made comes to an end it will be terminated with 7 days written notice. The appointment may, however, be terminated at any other time by either side by giving a minimum of [xx] [months/weeks] notice in writing. - this should be the standard notice period for an individual on this grade. Option 3: Fixed Term Contracts: As this is an appointment for a fixed term, the contract will expire on [date], where dismissal will consist only of the expiry of that term without its being renewed. The appointment may however be terminated at any other time by either side by giving a minimum of [xx] [months/weeks] notice in writing. - this should be the standard notice period for an individual on this grade. [Include below in all cases] Where notice is given by the Governing Body, you may be entitled to receive a greater period of statutory notice where this is more than your period of contractual notice. After two years continuous employment, statutory notice increases by one week for each year of continuous service, up to a maximum of 12 weeks. 4

5 The Governing Body reserves the right to dismiss you without notice in the event of conduct on your part amounting to a fundamental breach of any express or implied terms of this contract. Gross misconduct shall be considered to amount to such a fundamental breach. Employees engaged on a term-time only basis are expected, upon resignation, to work their notice in equivalent working weeks (i.e. excluding non-working weeks during school closure periods). This is to allow the school to make appropriate arrangements for cover or recruitment during term time. Such employees will be paid up to and including the last day on which they work, except where the period of notice expires at or after the end of the summer term and the employee has worked his/her full contracted hours for the preceding academic year, in which case payment will be made up until the 31 st August. For the avoidance of doubt, no recalculation of term-time only salaries will be made for employees who leave employment during the academic year. 9. Disciplinary Rules and Procedures The Governing Body expects all employees to adhere to its standards of conduct and performance. The Discipline and Capability Procedure is designed to help employees to achieve and maintain satisfactory standards of conduct, behaviour and performance at work and aims to ensure that all employees are treated fairly and consistently. Copies are available from the Academy Office. Any employee who is dissatisfied with a disciplinary decision reached through the application of this procedure may exercise the right to appeal to the Governing Body, in accordance with the process contained within the procedure. 10. Grievance Procedures If you have a grievance relating to your employment you should, in the first instance, raise it informally with your line manager. If you are dissatisfied with the response you should submit your grievance in writing in accordance with the Governing Body s Grievance Procedure, a copy of which is available from the Academy Office. 11. Conditions of Service Your employment with the Governing Body is subject to, and in accordance with: a) the Education Acts and any regulations made thereunder, insofar as they are applicable to the Academy; The Governing Body may also adopt and publish policies or procedures relating to employment. Unless indicated otherwise, these are not deemed to be contractual and may be varied from time to time. Copies of all current policies and procedures are available from the Academy Office. 12. Disclosure and Barring Service (DBS) Disclosures The Academy is required to assess the suitability of all employees to work with children and this post is exempt from the Rehabilitation of Offenders Act 1974 (as amended). Your appointment is therefore subject to receipt of a satisfactory enhanced-level disclosure obtained from the Disclosure and Barring Service. Subsequent re-checks may be required at the discretion of the Governing Body. You are required to declare any unspent convictions, cautions, warnings or bind-overs, as well as pending criminal proceedings or current police investigations. This requirement applies not just at the point of recruitment but also during your employment. Having a criminal record will not necessarily prevent you from taking up appointment (or continuing in post); it will depend on the nature of the offence(s) and their relevance to your particular employment. However, should you not declare any of the above and this is subsequently revealed, for example through the DBS check, then this may place your employment in jeopardy. Any information given will be treated in the strictest confidence. 5

6 13. Confidentiality & Data Protection The Governing Body is under a legal duty both to disclose certain information under the Freedom of Information Act 2000 and to respect the confidentiality of details held in accordance with the Data Protection Act All employees have a duty to manage knowledge and information in accordance with this information and must not, except as authorised or required by law or your duties, reveal any confidential information relating to the Academy. In the event of any doubt as to the confidential status of any data, the matter should be referred to an immediate line manager for further guidance. This obligation will continue after the termination of your employment unless and until any such information enters the public domain, other than through any breach of this provision by you. You must consent to the Academy holding and processing, both electronically and manually, the personal and sensitive data it collects in relation to you and your employment (in the course of your employment), for the purposes of the Academy s management and administration of its employees and its day-to-day operation, and for compliance with applicable procedures, laws and regulations. You may be assured that the Academy will treat all personal data as confidential and will not use or process it other than for legitimate purposes. Steps will be taken to ensure that the information is accurate, kept up to date and not be kept for longer than is necessary. Measures will also be taken to safeguard against unauthorised or unlawful processing and accidental loss or destruction or damage to the data. 14. Copyright Unless agreed otherwise in writing, any invention, improvement or design made or conceived by you arising from your employment by the Academy which is in the existing or contemplated scope of the Academy s activities shall become and remain the exclusive properties of the Academy. 15. Recovery of Monies Owed and Return of Property By no later than your last day of employment (or earlier if requested) you are expected to return all school property in your possession including, but not limited to, computer or office equipment, keys and security passes, books, and electronic or manual data files. If you leave your employment with any outstanding loans, contractual debts or repayments due to the Governing Body or have failed to return any school property in your possession despite a request to do so, an appropriate adjustment may be made from your final salary to recover such outstanding monies (or in the case of goods, the market value of any such property at the time). If it is not possible to recover the debt in this way then the Governing Body may seek repayment from you by another method. The Governing Body reserves the right to issue civil proceedings for the outstanding amount or the return of (or equivalent value of) withheld property. 16. Acceptance This agreement shall be governed and interpreted by English law and the parties submit to the jurisdiction of the courts of England and Wales. Please sign both copies of this document to indicate your acceptance of its terms, then return one copy to the Academy, retaining the second for your own records. If you have any questions about the meaning of any clause, please do not hesitate to ask. Signed by: On behalf of the Governing Body: Signed by the Employee: 6

7 Print Name & Designation: Date: Karen Griffiths Co-Principal Print Name: Date: 7