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Terms & Conditions

TERMS AND CONDITIONS OF EMPLOYMENT

 

THIS AGREEMENT is between:

 

(1)         Service Support Leaders Limited whose Registered Office is The Octagon Suite E2, 2nd Floor, Middleborough, Colchester, Essex, England, CO1 1TG. Registered under company number 10902033 (“the Employer” and “the Company”) and

 

(2)         You (“the Employee”)

IT IS AGREED that the Employer will employ the Employee and the Employee will work for the Employer on the following terms and conditions:       

  1. Job title

The Employee’s position is that of the above

The role will report to your line manager as per the above

The Employee may from time to time be required to carry out such other reasonable duties as the Employer may decide, without additional remuneration, should this be necessary to meet the needs of the business.

  1. Commencement

The Employee’s employment with the Employer will begin on [insert start date].  Your employment will be conditional on the following:

Legal right to work in the UK – In order to work for the Company, you must have the legal right to work in the UK and you will have been required to provide original documents showing evidence of your right to work in the UK (on an ongoing or temporary basis) before you started work for the Company.  In the event that you only have time-limited permission to work in the UK, you will be required to provide evidence of your renewed right to work in the UK at the expiry date of the relevant current permission to work.  If you cease, for whatever reason, to have the legal right to work in the UK during the course of your employment, you must inform the Company immediately and provide full details of your situation. If it becomes evident to the Company during the course of your employment that you do not have the right to work in the UK, it reserves the right to dismiss you from its employment. This may happen either where, following an investigation, it establishes that you do not have the right to work in the UK or it holds a genuine and reasonable belief that you are working illegally.

DBS Security checks – Your employment with the Company is also conditional upon receipt of satisfactory enhanced DBS/security clearance checks. The Company will meet the cost of obtaining a DBS check. If your employment terminates for any reason within 12 months of your start date the full cost of the DBS check will be deducted from any final monies due to you. If your final pay is not sufficient to meet the amount due to the Company, you agree that you will repay the outstanding balance to the Company within one calendar month of the date of termination of your employment.

  1. Probationary period

The first 3 months of employment will be a probationary period, during which the Employee’s performance will be monitored.  The probationary period may be extended by the Employer.  During the probationary period this employment may be terminated by either party giving 1 week notice to the other in writing.

The Employer will provide any necessary on-the-job specific training required which the Employee must undertake as directed. Any induction and associated training should be completed before the end of the probation period. The Employer will not pay for any training required for the Employee to obtain or maintain a professional qualification unless specifically agreed in advance.

  1. Days and Hours of work

The Employee’s normal working days and hours are as per the contract above i.e 10 hours per week during term time only, which is normally 44 weeks inclusive of deep cleans.  You will normally be required to work between the hours above

The Employee may be required to work such further hours as may be necessary to fulfil their duties or the needs of the business.  The Company reserves the right to vary your hours of work as necessary to meet its business requirements.   Whenever possible, the Company will give the Employee reasonable notice of any additional hours or change in hours.

The Employee agrees that their average weekly working hours may be in excess of those prescribed by law (“the Waiver”).  The Waiver will remain in force indefinitely but the Employee may give the Employer not less than three months’ notice in writing of their intention to terminate the Waiver.

The Employee has the right to an uninterrupted unpaid break of at least 20 minutes if they work for more than 6 hours per day. The Company will provide a paid lunch break of 20 minutes which will be taken at such time as the Employer may require.

For Part-Time Employees, entitlement to holidays, sick pay, and all other benefits is pro rata based on the hours worked compared to those worked by a Full Time Employee.  Full time hours for this purpose are 35 hours classify fulltime hours as] hours per week.

  1. Place of work

The Employee’s normal place of work will be as above.  The Employer may require and request that you to work from various locations in the pursuance of your role on a temporary or permanent basis.  This includes any future place of work of the Company or other client sites. 

  1. Payment

Your salary is calculated on the basis on daily hours this is paid every 4 weeks making 13 payments instalments and is payable 4 weekly in arrears by bank transfer. To understand the next payment date refer back to the annual payment calendar that should be in the cleaning cupboard alternative you can request this from your line manager or payroll@supportserviceleaders.com

The Employer reserves the right to alter the time, method and frequency of payment by issuing you with reasonable notice of any such change.

  1. Deductions from wages

The Employer shall be entitled to suspend the Employee’s employment without pay in the event of the Employee refusing to obey a reasonable instruction including (but not restricted to) those given to comply with the Employer’s statutory obligations.

The Employer reserves the right and the Employee irrevocably authorises the Employer, at any time during the Employee’s employment, or in any event upon termination, to deduct from the Employee’s wages/salary and/or any other monies due to the Employee, an amount equivalent to any of the following:

  1. any overpayment of wages, salary, remuneration or other payment made to the Employee during the course of this employment;
  2. the amount of any expenses claimed by the Employee and paid but subsequently disallowed by the Employer;
  3. the outstanding amount of any loan or advance made by the Employer to the Employee; and;
  4. any cost of repairing any damage to or loss of property of, any fines or charges imposed upon or any other loss sustained by the Employer or any third party, caused by the Employee’s breach of contract or breach of the Employer’s rules or as a result of the Employee’s negligence or dishonesty.
  5. As initial compensation for the breach of contract for failure to work your notice in full upon voluntary termination of your employment or during notice where your employment may have been terminated by the organisation (for whatever reason) and when you have been required to work your notice, will result in an additional deduction being made for each day of the unexpired period not worked from any money due to you including any accrued holiday entitlement or bonus payment due. This is in addition of the non-payment of any days not worked where required.
  6. Pension

If eligible, the Employer will auto-enrol the Employee into a pension scheme, in accordance with its pensions auto-enrolment obligations.

Full details of the scheme will be given to the Employee on commencement of employment, including the minimum level of contributions that the Employee will be required to make during their membership and their right to opt out if they do not want to be a member of the scheme. While participating in the scheme, the Employee agrees to worker pension contributions being deducted from their salary.

Membership of the scheme is subject to its rules as may be amended from time to time, and the Employer may replace the scheme with another pension scheme at any time.

If the Employee ceases to be a member of the scheme for any reason, the Employer will re-enrol them automatically into a pension scheme as and when required by law.

Further details of the pension scheme are available from https://www.nestpensions.org.uk/schemeweb/nest.html9.         Expenses

The Employer will reimburse all reasonable out-of-pocket expenses incurred by the Employee during the operation of their day to day duties, subject to production, within one month, of written evidence of expenditure, where procurable.

  1. Holidays

The holiday year is from 1st of April through to the 31st of March. In addition to the recognised x 8 bank and public holidays, the Employee’s annual holiday entitlement is based on the contract weeks at the site location where you work. Holidays entitlement are: 39-41 weeks = 6 days + 8 bank holidays; 42-43 weeks = 17 days + 8 bank holidays; 44-46 weeks = 18 bank holidays + 8 bank holidays; 47-49 weeks = 19 bank holidays + 8 bank holidays and 50-52 weeks = 20 days + 8 bank holidays.

Holiday entitlement for Part-Time Employees is pro rata, based on the number of hours worked compared with those worked by a Full-Time Employee.

The holiday entitlement will be taken at dates agreed with your Manager. The Employee must give at least four weeks’ notice of holiday requests and whilst every endeavour will be made to co-operate with the Employee in fixing the holiday dates, such dates will remain in the ultimate discretion of the Employer.  The Employer will give the Employee at least one week’s notice if they are required to take holiday other than during notice.

Holidays must be taken in the holiday year of entitlement and may not be carried forward to the following year.

The Employer reserves the right to require the Employee to take any unused holiday during their notice period, even if booked to be taken after the end of the notice period.

  1. Holiday payment

Holiday pay will be paid at your basic hourly rate. 

Upon termination of employment, the Employee should take any accrued annual leave, or the Employee will be entitled to pay in lieu of any unused holiday entitlement or be required to pay to the Employer pay received for holiday taken in excess of holiday entitlement.  Any sums so due may be deducted from any money owing to the Employee and the Employee irrevocably authorises the Employer to make such deductions.

The Company reserves the right to withhold accrued holiday pay (other than that relating to statutory annual leave) from employees who are dismissed for gross misconduct, or who leave without giving due notice.

For the purpose of calculating any holiday pay due to the Employee or owed by the Employee to the Employer, one day’s pay shall be the Employee’s annual pay divided by 260 or, if the Employee is part-time, by the number of days per year normally worked.

  1. Absences due to sickness or injury

In the event of incapacity due to sickness or injury the Employee must advise your Manager, ideally no later than 30 minutes before the start of shift on the first day of absence.  Employees should notify their Manager of the full reasons and (if known) a date of potential return and any further support that the company can provide to the Employee.

If the Employee is absent for seven days or less, they shall immediately on returning to work complete a self-certification form in respect of each day of absence and will be required to undertake a return to work interview.

If the Employee is absent for more than seven days, they must on the eighth day of absence provide the Employer with a Fit note/medical certificate from a General Practitioner stating the reason for absence and provide subsequent certificates to cover any subsequent periods of absence.

The Employee will be paid during absence in accordance with the Statutory Sick Pay Scheme.

If the Employee’s absence shall be occasioned by the actionable negligence of a third party in respect of which damages are recoverable, then all sums paid by the Employer shall constitute loans to the Employee who shall:

  1. forthwith notify the Employer of all the relevant circumstances and of any claim, compromise, settlement or judgement made or awarded in connection therewith;
  2. if the Employer so requires, refund to the Employer such sums as the Employer may determine, not exceeding the amount of damages recovered by the Employee under such compromise, settlement or judgement in respect of the Employee’s loss of earnings during the period of incapacity.

The Employee will, at the expense of the Employer, submit to a medical examination by a registered medical practitioner nominated by the Employer, if required.

The Employee will also authorise such medical practitioner to disclose to and discuss with the Employer the results of the examination and the matters that arise from it so that the medical practitioner can notify the Employer of any matters that might impair the Employee from properly discharging their duties.

After or during any period of sickness lasting in excess of two weeks the Employer may request a medical report as above.  Prior consent from the employee will be gained before medical examination or reports are requested by the Employer.

The Employer shall be entitled to review the Employee’s sickness record at any stage of absence and may dismiss the Employee on the grounds of such absence notwithstanding that the Employee’s entitlement to sick pay (statutory or otherwise) has not been exhausted.

  1. Confidentiality

The Employee may not either during or at any time after the termination of their employment with the Employer disclose to anyone other than in the proper course of their employment, any information of a confidential nature relating to the Employer, the Employer’s customers or suppliers and shall further not use any such information in a manner which may either directly or indirectly cause loss to the Employer.  Confidential information includes (but is not limited to) financial information, commercial information, technical information, sales and marketing information and trade secrets.

  1. Property

The Employee acknowledges that all files, customer records, lists, books, records, literature, software, products and work products developed by the Employee in the course of their employment with the Employer, and other materials owned by the Employer or used by the Employer in connection with the conduct of business by the Employer shall at all times remain the sole property of the Employer, and the Employee agrees that upon request and upon termination of the Employee’s employment hereunder, howsoever arising, the Employee shall surrender to the Employer all such files, customer records, lists, books, records, literature, products, software, work products, and any copies thereof and all other property belonging to the Employer.

  1. Gratuities

The Employee must immediately report in writing to their Manager any offer by customers, suppliers, distributors and other such persons having a similar connection with the Employer, whether actual or prospective, any offer of gifts or services.  The Employee must not accept or agree to accept such offers without the prior written agreement of their Manager.  This applies to any gifts or services offered directly or indirectly from any person firm or company with whom the Employer conducts business or may conduct business.

  1. Other employment

The Employee must devote the whole of their time, attention and abilities during their hours of work to their duties for the Employer.  The Employee may not, under any circumstance, whether directly or indirectly, undertake any other duties during their hours of work under this employment.

The Employee may not, without the prior written consent of the Employer (which will not be unreasonably withheld) outside their hours of work with the Employer work for, advise or in any other way assist, whether directly or indirectly, any business or employment which is similar to or in any way connected or in competition with the business of Employer or which could or might reasonably be considered to impair the Employee’s ability to act all times in the best interests of the Employer.

  1. Grievances

If the Employee has any grievance in relation to their employment, they should raise it with their Manager orally, followed up in writing.  For further details of the grievance procedure applicable to this employment, the Employee should refer to the Company’s grievance policy and associated procedure.

  1. Company rules

The Employer has adopted a set of rules and regulations to protect the health and safety of all employees and customers and to ensure high standards of conduct, performance and service. The Employee is required to abide by any rules communicated. Failure to adhere to Company rules will result in disciplinary action, which may include dismissal, in accordance with the Company’s Discipline Procedure.

  1. Disciplinary & capability procedure

The disciplinary rules and procedures that will apply when dealing with capability or disciplinary issues are shown under the headings “Capability Procedures” and “Disciplinary Procedures” and are available from your Manager.  This procedure is not contractual.

Appeal Procedure

Should you be dissatisfied with any decision to take action or dismiss you on capability/disciplinary grounds, you must apply in writing, to a Director within five working days of the decision you are complaining against. The Company will exercise discretion in hearing appeals which are submitted outside of this timeframe. Further information can be found in the relevant policies.

  1. Other statutory leave entitlement

Subject to the Employee meeting the relevant eligibility requirements, the Employer will provide paid leave at the statutory rate as follows:

  1. a) If you are eligible to receive Statutory Maternity Pay (SMP, it is payable for up to 39 weeks calculated as follows:

First six weeks: SMP is paid at the Earnings-Related Rate of 90% of your average

weekly earnings calculated over the Relevant Period (i.e. the 8-week period ending with the 15th week before the Expected Week of Childbirth).

The remaining 33 weeks: SMP is paid at the Prescribed Rate set by the Government for the relevant tax year or the Earnings-Related Rate if this is lower.

During Maternity Leave you will also receive your normal pay (which will include any entitlement to SMP) for any hours worked as Keeping in Touch Days.

  1. b) If you are eligible to receive Statutory Adoption Pay (SAP), it is payable for up to 39 weeks

calculated as follows:

First six weeks: SAP is paid at the Earnings-Related Rate of 90% of your average weekly earnings calculated over the Relevant Period (i.e. the 8-week period ending with the 15th week before the Matching Week).

The remaining 33 weeks: SAP is paid at the Prescribed Rate set by the Government for the relevant tax year or the Earnings-Related Rate if this is lower.

During Adoption Leave you will also receive your normal pay (which will include any

entitlement to SAP) for any hours worked as Keeping in Touch Days. 

  1. c) If you are eligible to receive Statutory Paternity Pay, it is payable for up to 2 weeks at the prescribed Rate set by the Government for the relevant tax year, or at 90% of your average weekly earnings calculated over the Relevant Period (i.e. the 8-week period ending with the 15th week before the Expected Week of Childbirth) if this is lower.
  2. d) The right to 2 weeks Parental Bereavement Leave (PBL) will apply if you have

‘parental responsibility’ (including adopters, foster parents, guardians, and primary carers) and you lose a child under the age of 18 or suffer a stillbirth (from 24 weeks of pregnancy).

The 2 weeks’ leave can be taken either in one block of 2 weeks, or as 2 separate blocks of 1 week each.  It must be taken within 56 weeks of the date of the child’s death. 

If you have been employed for a continuous period of at least 26 weeks prior to when the child dies and have weekly average earnings over the lower earnings limit you will also be entitled to Statutory Parental Bereavement Pay (SPBP), paid at the statutory rate per week or 90% of average weekly earnings where this is lower.

  1. e) You will be granted paid leave for rehabilitation, assessment or treatment linked to a disability as defined within the Equality Act 2010.
  2. f) If you are looking to adopt and are the ‘primary’ adopter, you are also able to take paid time off for up to five ‘adoption appointments’.
  3. g) If you are pregnant you may take reasonable paid time off during working hours for ante-natal care.
  4. h) If you are eligible to receive Statutory Shared Parental Pay (SSPP), it is payable for up to 37 weeks at the Prescribed Rate set by the Government for the relevant tax year. During Shared Parental Leave you will also receive your normal pay (which will include any entitlement to SSPP) for any hours worked as Keeping in Touch Days.

Further details, including eligibility requirements can be requested from your Manager.

  1. Termination of employment

During the Employee’s probationary period, this employment may be terminated by either party giving two weeks’ notice to the other.

After the Employee’s probationary period:

  1. the Employee shall give the Employer six weeks’ notice of their intention to terminate this employment and;
  2. the Employee’s entitlement to notice from the Employer shall be six weeks, or the statutory required notice whatever is greater.

All notices of termination shall be given in writing.

The periods of notice set out in this Clause may by consent be varied having regard to the circumstances of the case and to what is reasonable.

The Employer may, at its option, pay salary in lieu of notice together with a payment that reflects the value of all contractual benefits that would have been due to the Employee during the period of notice.  Nothing in these terms and conditions of employment shall prevent the Employer from terminating the Employee’s employment without notice or payment in lieu in appropriate circumstances.

During any period of notice of termination (whether given by the Employee or by the Employer) the Employer may at its discretion relieve the Employee of some or all their contractual duties during that period.  This will not affect the Employee’s entitlement to receive basic salary.

Following service of notice to terminate the employment by either party, or if the Employee purports to terminate the employment in breach of contract, the Employer may by written notice place the Employee on Garden Leave for the whole or part of the remainder of the employment.  It is agreed that the period of notice is a reasonable period for garden leave.

During any period of Garden Leave:

  1. the Employer shall be under no obligation to provide any work to the Employee and may revoke any authority/powers the Employee holds on behalf of the Employer.
  2. the Employer may require the Employee to carry out alternative duties or to only perform such specific duties as are expressly assigned to the Employee, at such location (including the Employee’s home) as the Company may decide;
  3. the Employee shall continue to receive basic salary and all contractual benefits in the usual way and subject to the terms of any benefit arrangement;
  4. the Employee shall remain an employee of the Company and bound by the terms of the agreement (including any implied duties of good faith and fidelity);
  5. the Employee shall ensure that they knows where they will be and how they can be contacted during each working day (except during any periods taken as holiday in the usual way).
  6. Health and safety

The Employer will abide by their legal responsibilities.

  1. Equal opportunities

The Employer is an equal opportunities employer.

  1. Right to search

The Employer reserves the right to search employees or any of their property held on the Employer’s premises, at any time, if the Employer believes that it’s Substance Abuse and Dependency Policy is being infringed, if it believes that an Employee may have committed a criminal offence or where it believes it has reasonable cause.  In all cases a witness will be present.

If the Employee refuses to comply with the Employer’s Search Procedure, such refusal will normally be treated as amounting to gross misconduct and will entitle the Employer to take disciplinary action including dismissal.

  1. Indemnity

The Employee will indemnify the Employer in respect of any liability incurred by the Employer as a direct consequence of the Employee’s/personal negligence, breach of contract, breach of duty or breach of trust in relation to the affairs of the Employer.

  1. Data Protection Act

In accordance with data protection legislation, it will be necessary for the Company to maintain personal data which is processed for the purposes of employment and for legitimate business and legal reasons and requirements.  Full details re held within the Employee Privacy Notice and the Data Protection Policy. The Employer may, in the course of its duties as an employer, be required to disclose personal data relating to him/her, after the end of their employment.  This does not affect the Employee’s rights under the Data Protection Act 2018.

Employees must comply with the Company’s policies when handling personal data in the course of employment including personal data relating to any employee, worker, contractor, customer, client, supplier or agent of the Company.  Any breach of these policies may result in disciplinary action being taken, up to and including summary dismissal.

  1. Intellectual property

The Employee shall give the Employer full written details of all Inventions/works embodying Intellectual Property Rights made wholly or partially by him/her at any time during the course of the employment which relate to, or are reasonably capable of being used in, the business of the Company or any Associated Company. The Employee acknowledges that all Intellectual Property Rights subsisting (or which may in the future subsist) in all such Inventions and works shall automatically, on creation, vest in the Company absolutely. To the extent that they do not vest automatically, the Employee holds them on trust for the Company. The Employee agrees promptly to execute all documents and do all acts as may, in the opinion of the Company, be necessary to give effect to this clause.

The Employee hereby irrevocably waives all moral rights under the Copyright, Designs and Patents Act 1988 (and all similar rights in other jurisdictions) which they has or will have in any existing or future works referred to in this clause.

  1. Short time working and lay off

The Employer reserves the right to introduce short time working or a period of temporary lay-off without pay (with the exception of any statutory entitlement) where this is necessary to avoid redundancies, where work cannot be performed due to exceptional circumstances, or where there is a shortage of work.

  1. Training Arrangements

The Company is committed to your personal training and development. In return for this the Company expects commitment from you with regards to your training and development. 

  1. a) The Company may, at its discretion, require you to enter into training agreements. These agreements are to protect the Company’s investment in your training and development, and are for the Company to assess and recover any loss, as a result of you terminating your employment within a defined period of the training taking place.
  2. b) You may be required to complete additional training at the Company’s discretion. You will be paid at your normal rate of pay for any compulsory training undertaken.
  3. General

The Employer reserves the right to reasonably vary the terms of employment contained in this Agreement.  The Employer will notify the Employee in writing within one month of such variation. 

The Employee is not covered by a collective agreement and no Trade Union is recognised by the Employer.

This Agreement shall be construed in all respects under the law of England and Wales and the Courts of England and Wales shall have non-exclusive jurisdiction in all matters relating thereto.

  1. Uniforms

For reasons of Security & Identification  our Company  Policy is that Uniform  and ID Badges, where  required,  must be worn at all times whilst on the Customer’s  Premises. Failure to comply will result in the employee  being sent home without pay for that day’s work.  One uniform will be provided for each employee for which a small  charge will be deducted from the employee’s first wages. If you lose or damage the uniform you will be expected to replace it at cost £12.5  Staff must at all times wear appropriate footwear e.g. enclose shoes only- no sandals.

I acknowledge that I have read my contract of employment and accept the terms and conditions contained within. I undertake to work safely in accordance with the training provided. I am legally entitled to work in the UK in accordance with the Asylum & Immigration Act 1996 – Section 8.

I agree to be deducted from my first payment for any uniform and accreditation should be required for my period of employment. I authorize the company to make deductions from my wages for this and other lawful purpose and to recover any other payment made in error.

I confirm that the details on this form are correct and submitted original documents for review.

Payment and Payslips access:                                                                                                                                                                                                                                                                                                                   

For Pay slips – you will need to provide an accurate email address in your application in order to receive  access to the payslips portal.  If you  don’t  receive  your  payslips  please  email payroll@supportserviceleaders.com with your full  name and request one

Your Timesheets – If you work on a key role/alone you will need to send your timesheets to timesheets@supportserviceleaders.com The timesheets template will be provided by your line manager. You can also request this from  timesheets@supportserviceleaders.com

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