Carer Contract of Employment

This Contract of Employment is made on

between:

(1) MSH Healthcare Limited, whose registered office is at Suite 2 & 3 Furness Gate, Peter Green Way, Barrow in Furness LA14 2PE (the "Employer")

And (2)

of

(the "Employee")

1.1 Your employment with the Employer commences on

1.2 Your continuous employment with the Company began on

If this date differs from your commencement date, any employment with a previous employer does not count towards your continuous employment with the Company.

1.3 Notice Period Requirements:

a) During the probationary period, either party may terminate the employment with one week's written notice.

b) After successful completion of the probationary period, the notice period required to terminate employment is as follows:

4 weeks' notice if you have been employed for less than two years.

4 weeks plus one additional week per complete year of service for two years or more, up to a maximum of 12 weeks.

This notice period begins from the date the notice is received by the Company.

c) The Employer reserves the right to pay you in lieu of notice or require you to remain away from work during your notice period, subject to the continuation of full salary and benefits.

1.4 Notice requirements during disciplinary actions or for gross misconduct differ as per Company policy, which may include summary dismissal without notice. Details are available in the Employee Handbook.

1.5 This contract supersedes all previous agreements, written or oral, related to your employment.

1.6 The Employer reserves the right to amend this agreement in the future. Any amendments will be communicated in writing within one month of the changes taking effect.

1.7 Failure to Provide Full Notice: If you fail to provide the required notice, the Company reserves the right to deduct from your final wages an amount equivalent to the wages you would have earned during the unworked portion of your notice period. This deduction will be calculated on a daily basis, based on your average daily pay.

1.8 Calculation of Deductions: For each day of insufficient notice, an amount equivalent to one day’s pay will be deducted from your final wages. For example, if you are required to provide 28 days’ notice but only provide 7 days’ notice, the Company may deduct wages for the remaining 21 days.

1.9 Compliance with Employment Law: Any deductions made under this clause will be in accordance with the Employment Rights Act 1996 and any other relevant employment legislation. This clause constitutes your prior written agreement to any such deduction from your final pay.

1.10 Notice Waiver: The Company may, at its discretion, waive all or part of the notice requirement without affecting your entitlement to final wages.

2.1 You are employed as a Home Care Worker.

2.2 Your core responsibilities include:

a) Providing personal care to service users, ensuring respect for individual preferences and dignity.

b) Assisting with medication administration, adhering to procedures and maintaining accurate records.

c) Supporting service users with daily living activities, ensuring compliance with all safety guidelines.

d) Maintaining accurate records, including incidents and condition changes, as per company standards.

e) Adhering to safeguarding policies and promptly reporting concerns to the safeguarding lead.

f) Performing other reasonable duties assigned by the Employer within the scope of your role and training. Proper training will be provided for new responsibilities that fall outside your usual duties.

2.3 You shall not work for anyone else while you are employed by the Company without our prior written approval.

3.1 Your primary place of work is the homes of service users within

3.2 You may be required to work at other locations, as reasonably requested by the Employer.

3.3 You will not be required to work outside the UK for any continuous period of more than one month during the term of your employment.

Averaged over a two-week reference period based upon your declared availability as specified below:

4.2 Shift Pattern:

Week 1: Monday, Tuesday, Saturday, Sunday / Week 2: Wednesday, Thursday, Friday

4.3 You may be required to work outside your allocated shift pattern if you have not fulfilled your contracted hours, provided it is within your declared availability.

4.4 The Employer reserves the right to alter your shift pattern with one week's notice.

4.5 You may be required to work additional hours for holiday or sickness cover, subject to notice and agreement.

4.6 You are entitled to a 20-minute unpaid break for shifts exceeding six hours unless you have signed an opt-out agreement.

4.7 Total working hours, including overtime, will not exceed 48 hours per week on average over a 17-week reference period unless you have signed an opt-out agreement.

4.8 You have the right to request flexible working arrangements from your first day of employment, up to two requests per year. The Employer will consider all requests and provide a written response within two months.

4.9 After 26 weeks of employment, you may request a more predictable working pattern, which will be considered similar to flexible working requests.

5.1 Your basic rate of pay is Band

5.2 All non-care work will be paid at the National Living Wage.

5.3 Your salary will be paid every four weeks in arrears by bank transfer.

5.4 Overtime is paid at your standard hourly rate for hours exceeding your contracted hours.

5.5 Holiday pay shall be calculated based on your average hourly rate over the previous 52 weeks of work. For employees with irregular hours, holiday pay accrues at 12.07% of hours worked.

5.6 The Employer shall be entitled to deduct from your pay any money which you may owe to the Company. If you owe any money to the Company upon termination, the Employer shall deduct it from any final salary payment.

6.1 Reasonable work-related expenses, including travel between service users, will be reimbursed if approved in advance.

6.2 If a Company Pool Car is not available, you will be required to use your own vehicle to perform your contractual duties. It is a condition of your employment that you maintain a current full driving license and a private vehicle for business use. Your vehicle must be fully insured for business purposes, and you will be reimbursed for reasonable mileage at the rate specified by HMRC guidelines.

6.3 You shall immediately inform the Employer if you are disqualified from driving or no longer have access to a suitable vehicle. Failure to inform the Employer may lead to disciplinary action, including dismissal without notice.

7.1 The holiday year runs from 1st April to 31st March.

7.2 You are entitled to 28 days of paid holiday per year, inclusive of bank holidays.

7.3 Holidays must be pre-approved by your line manager. No more than 14 days' holiday may be taken at one time unless prior consent is obtained from your line manager.

7.4 You may carry over unused holiday entitlement to the following year, only with prior agreement from your line manager.

7.5 We shall not pay you in lieu of untaken holiday except on termination of employment. If you have taken more holiday than accrued, we shall deduct the excess from your final pay.

7.6 Holidays cannot be carried over from one year to another unless prevented from taking them by sickness absence or statutory leave. Any carried-over holiday must be taken within 18 months of the end of the relevant holiday year.

8. Sickness Absence

8.1 If unable to work due to illness, notify your line manager at least 3 hours before your shift.

8.2 Statutory Sick Pay (SSP) will be provided if you meet qualifying conditions.

8.3 For absences exceeding 7 calendar days, a fit note is required.

8.4 You agree to consent to a medical examination, at the Company's expense, by a doctor nominated by the Company should the Company require it.

9. Pension

9.1 The Employer operates a workplace pension scheme compliant with auto-enrolment legislation under the Pensions Act 2008.

10. Confidentiality

10.1 You must maintain the confidentiality of information relating to service users, their families, and the Employer's business.

10.2 Breach of confidentiality may result in disciplinary action, including dismissal.

10.3 This restriction continues after your employment ends.

11. Data Protection

11.1 The Employer will collect and process your personal data in accordance with the Data Protection Act 2018 and UK GDPR.

11.2 Types of data processed may include contact information, payroll records, health and safety records, and training records.

11.3 You have the right to access personal data held about you, request corrections, or object to processing. Requests should be made to your line manager.

12. Health and Safety

12.1 You are required to comply with the Employer's health and safety policies.

12.2 You agree to take reasonable care of your own health and safety and that of others who may be affected by your actions.

13. Safeguarding

13.1 You must comply with the Employer's safeguarding policies and procedures and report any concerns immediately.

13.2 Any failure to comply with safeguarding procedures may result in disciplinary action.

14. Background Checks

14.1 Employment is subject to satisfactory completion of a DBS check.

14.2 You must notify the Employer immediately if your DBS status changes during employment.

15. Training and Development

15.1 You are required to complete mandatory training, the cost of which will be covered by the Employer. If you leave before completing probation, you must reimburse training costs, up to £250.

15.2 You must complete mandatory training renewals during employment. Failure to do so may result in unpaid leave or dismissal.

15.3 Should you leave the Company within three months of completing mandatory training, you agree to reimburse the cost of such training.

16. Disciplinary and Grievance Procedures

16.1 The Employer's disciplinary and grievance procedures are detailed in the Employee Handbook.

16.2 You may apply in writing to your line manager if you wish to appeal against a disciplinary decision.

17. Sexual Harassment Prevention

17.1 The Employer is committed to preventing sexual harassment and will provide training, policies, and reporting channels. Retaliation against individuals reporting harassment is prohibited.

18. Flexibility Clause

18.1 The Employer reserves the right to make reasonable changes to your duties, hours, or place of work, in consultation with you and with appropriate notice.

18.2 Any significant change will be subject to written agreement between you and the Employer.

19. Restriction on Post-Termination Activities

19.1 You are restricted from providing care services to any of the Employer's current or former service users for a period of six months following the termination of your employment, whether directly or through another organisation, without the prior written consent of the Employer. This restriction is to protect the Employer's legitimate business interests.

19.2 You are also restricted from soliciting any employee of the Employer to leave their position for a period of six months following the termination of your employment.

19.3 If you breach these clauses, the Employer may take legal action to prevent you from working for any of the service users or soliciting employees and seek damages for any loss incurred.

20. Lay Off and Short-Time Working

20.1 The Employer reserves the right to implement lay-offs (where no work is provided for a period) or short-time working (where hours are reduced) where there is a downturn in work or other relevant business reasons.

20.2 During periods of lay-off or short-time working, you will be paid in accordance with statutory requirements or any enhanced payments offered by the Employer at its discretion.

20.3 The Employer will provide as much notice as is reasonably practicable in the event of lay-offs or short-time working, and will endeavour to keep such periods as short as possible.

20.4 During any period of lay-off or short-time working, you must remain contactable. You may in certain circumstances be entitled to receive a statutory guarantee payment in accordance with legislation in force from time to time.

20.5 If you are laid off or placed on short-time working for four consecutive weeks, or six weeks within a 13-week period, you may be entitled to claim a redundancy payment in accordance with statutory provisions.

21. Company Property

21.1 All documents, manuals, software, and equipment provided for your use by the Employer, and any data or documents (including copies) produced, maintained, or stored on the Employer's systems, remain the property of the Employer.

21.2 Any Company property in your possession must be returned upon request and before the termination of your employment.

21.3 Failure to return Company property may result in deductions from your final salary or other legal action.

22. Restrictive Covenants

To protect the legitimate business interests of the Employer, the following restrictions apply:

22.1 Non-Solicitation Clause

22.1.1. The Employee agrees that, for a period of 6 months following the termination of their employment (for any reason), they will not:

a) Solicit, approach, or provide care services to any clients of the Employer with whom the Employee had direct dealings during their employment.

b) Encourage any clients, employees, or contractors of the Employer to terminate or alter their relationship with the Employer.

22.2 Non-Compete Clause

22.2.1. The Employee agrees that, for a period of 3 months following the termination of their employment, they will not directly or indirectly engage in, work for, or provide services to any competing domiciliary care business:

a) Within a 10-mile radius of any location where the Employer operates;
b) In a capacity that involves soliciting or serving clients of the Employer.

23. Penalty for Breach: Compensation and Legal Action

23.1. If the Employee breaches clauses 22.1 or 22.2, the Employer reserves the right to seek legal remedies, including:

a) An injunction to prevent further breaches.
b) Compensation for financial losses suffered as a result of the breach.

23.2. The Employee acknowledges that such remedies are reasonable and necessary to protect the Employer’s legitimate business interests.

22. Governing Law

22.1 This contract is governed by the laws of England and Wales.

22.2 Digital Signatures

The Parties agree that this Agreement and any related documents may be signed electronically and that electronic signatures shall have the same legal effect, validity, and enforceability as a handwritten signature to the fullest extent permitted by applicable law. Each Party consents to the use of electronic signatures and agrees that the use of an electronic signature method constitutes that Party’s acceptance of the terms and conditions of this Agreement.