CONTRACT OF EMPLOYMENT

This statement dated ____________ meets the requirements of the Employment Rights Act 1996.
It is the Statement of Initial Employment Particulars relating to the Contract of Employment of the
person named below and supersedes any previous such statements or contracts.
Name of Employee: _______________
Name of Employer: Hawkinge House Limited
Address of Employer: Hurricane Way
Folkestone
Kent
CT18 7SS
Start Date
This employment with the company will commence on …………………………… Delete as
appropriate No other period of employment with the company applies or Your date for continuous
service is ………………………

Job Title
You are employed as a …………………..and report to the Registered Manager. Your duties are set
out in your job description.
The Home may from time to time require you to undertake additional or other duties as necessary to
meet the needs of the business on a short term basis e.g. holiday or sickness cover.
You warrant that you are entitled to work in the UK without any additional approvals and will
notify the Company immediately if you cease to be so entitled at any time during your employment
with the Company.
You should notify the Registered Manager when you start employment or if during employment
you work for anyone else whilst you are employed by the Company.
If you job role specifies you must be a member of a professional body such as the NMC you must
notify us prior and during employment of any ongoing investigations or concerns.

Probationary period
New employees join the Home on a three month probationary period.
During and/or at the end of your probationary period you may be asked to attend employment
reviews to discuss your overall work performance. Absence, timekeeping and general attitude may
also be taken into account. If the Home is satisfied that you have reached the required standards
your permanent status will be confirmed.
If you have not reached the required standards, your employment will be terminated with the
required notice.
The Home reserves the right in borderline cases to extend the probationary period, in the hope that a
further period will enable you to reach the required standard. A subsequent employment review
will be held and a decision made. Your employment will then either be confirmed or terminated
with the required notice.
Disclosure and Barring Check
Page 1 of 7
A Disclosure and Barring Service Check is carried out before your employment starts.
The amendments to the Exceptions Order 1975 (2013) provide that certain spent convictions and
cautions are ‘protected’ and are not subject to disclosure to employers, and cannot be taken into
account. Guidance and criteria on the filtering of these cautions and convictions can be found on the
Disclosure and Barring Service website.

You are obliged to make the company aware prior and during your employment of any convictions,
cautions, reprimands or final warnings that are not ‘protected’ as defined by the Rehabilitation of
Offenders Act 1974 (Exceptions) Order 1975 (as amended in 2013).
The Home reserves the right to deduct from your final pay the cost of any DBS check in the event
that you resign within 6 months of the start date of your employment with the Home.
Place of work
Your normal place of work is at the Employer’s address above.
You may be required to work in other locations to meet the needs of the business.
You will not be required to work outside the UK.
Pay arrangements
Your rate of pay is £7.50 per hour.
Payment is made monthly directly into your bank/building society on the 5 th of each month (or the
first working day thereafter, if the 5th is on a week-end or a bank holiday).
If a mistake is made in the payment of any monies due, the Home expects to be notified
immediately. The error will normally be corrected at the next available opportunity.
Other payments and benefits
Overtime rates: All hours worked in excess of your normal weekly hours are paid at
your basic hourly rate.
Accommodation
If your position has accommodation, the agreed weekly charge will be deducted from your net pay.
Conditions relating to the provision of accommodation will be provided in a separate Agreement.
Hours of work
Your normal hours of work average 36 hours per week, Monday to Sunday, including bank/public
holidays, in accordance with the Home’s roster which will be notified to you in advance. These
normal hours of work may be varied to meet the needs of the business.
You may be required to work a reasonable amount of overtime hours as dictated by internal or
customer requirements or as directed by the Home. This may include the need to work shifts,
unsocial hours and weekends.
You are required to attend mandatory and statutory training from time to time. The training courses
may fall on days when you are not rostered to work and you will be required to come in to work to
attend the training. All reasonable efforts will be made to arrange training to fall on days when you
are rostered to work but this may not always be possible. If you commit to attending a training
session but do not turn up you may charged for the training course and it will be deducted from
your wages.

Page 2 of 7
Staff Handbook
You are required at all times to comply with our rules, policies and procedures in force from time to
time including those contained in the Staff Handbook, which is available on the company website.

Holiday entitlement
The holiday year runs from 1st January to 31st December each year. You are entitled to 5.6 weeks’
holiday per year calculated at the rate of 1/52nd of the annual entitlement for each complete week
of service remaining in the current holiday year.
During your first year of service, however, your entitlement to take holidays will accrue on the first
day of each month of that year at the rate of 1/12th of the annual entitlement. Where the current
accrual includes a fraction of a day other than a half-day, the fraction will be treated as a half-day if
it is less than a half-day and as a whole day if it is more than a half-day.
There is no additional entitlement to bank/public holidays.
You will be required to work on any bank/public holiday that falls on your rostered working days.
In this event, you will be paid at one and a half times your basic hourly rate for the hours worked.
The bank/public holidays are: New Year’s Day, Good Friday, Easter Monday, the first Monday in
May, the last Monday in May, the last Monday in August, Christmas Day and Boxing Day, or such
other days as may be substituted.
Part-time employees will be entitled to pro-rata holidays.
If you are dismissed for gross misconduct or leave without giving and working your full notice, you
will only be entitled to the statutory minimum holidays for the current holiday year.
A more detailed explanation is contained in the Employee Handbook.
Holiday pay
Payment for holidays will be at your normal basic rate under your terms and conditions of
employment for your normal hours of work provided that you work an average of at least your
normal hours of work each week during the holiday year; otherwise your holiday pay will be based
on your average hours of work per week over the holiday year.
On termination of employment holidays will be calculated in proportion to the full entitlement. If
you have taken less than this entitlement the surplus holiday pay will be added to your final pay. If
you have taken more than this entitlement the excess holiday pay will be deducted from your final
pay.

Sickness absences
If you are absent from work for any reason, you must notify your manager of the reason for your
absence as soon as possible but no later than the start of your shift on the first day of absence.
You agree to consent to a medical examination (at our expense) by a doctor nominated by the
Company should the Company so require. You agree that any report produced in connection with
any such examination may be disclosed to the Company and the Company may discuss the contents
of the report with the relevant doctor.
The Home is required to pay Statutory Sick Pay for certain periods of sickness absence. Payment
may be made to eligible employees for periods of absence of four days or more. There is a
maximum period of 28 weeks payment in one period of incapacity for work.
A more detailed explanation of the scheme is contained in the Employee Handbook.
Page 3 of 7
Disciplinary procedure and rules
Should your conduct or performance fall below the standards required then disciplinary action may
be taken. This procedure is designed to help and encourage employees to achieve and maintain the
Home’s standards of conduct and performance and should be looked upon as a corrective process.
A more detailed explanation of the procedure and rules is contained in the Employee Handbook.
Disciplinary appeal procedure
You have the right to appeal at any stage in the disciplinary procedure if you are dissatisfied either
with a disciplinary decision made against you or the level of penalty imposed. You should do this
in writing to a Director within five days of receiving your confirmation of discipline letter.
A more detailed explanation of the procedure is contained in the Employee Handbook. This
procedure does not form part of your contract of employment.
We have the right to suspend you with pay for a period of no longer than four consecutive weeks
for the purposes of investigating any allegation of misconduct or neglect against you.

Grievance procedure
If you have any grievance relating to your employment, you should raise it with your Manager in
the first instance. If you want the grievance to be dealt with formally, you must raise it in writing.
A more detailed explanation of the formal procedure is contained in the Employee Handbook. This
procedure does not form part of your contract of employment
Pension scheme
The Company complies with its statutory obligations on Pension auto enrolment. Eligibility criteria
is set by the Government each year. If you fall below the eligibility criteria you can join the scheme
but the Company will not make a contribution. You will be notified if you are eligible to join when
you start. Full details of the scheme will be provided when you start.
Collective agreements
There is a collective agreement between the company and the GMB Trade Union.
Notice periods
Notice period to be given by the employee to the employer
Less than 1 month’s service – nil
1 month’s service or more – 1 week’s written notice to the employer
If you leave without giving written notice and/or working the notice period in full:
- You will not be paid for the unworked period of notice and the Home reserves the right to make
a deduction from your pay (or any other sums owed to you) if you have been paid in advance
for the unworked period of notice; and
- The Home may deduct from your pay (or any other sums owed to you) £50.00 for each
unworked day as liquidated damages or you shall otherwise pay this on demand to the Home.
The parties confirm that this sum represents a genuine pre-estimate of the employer's loss from
your breach of contract.
If you resign before the end of your sixth month of your employment start date the Home is entitled
to recover a reasonable amount of Recruitment and Induction costs. The Home believes that a
reasonable amount is £150. This will be deducted from your final pay through payroll.

Page 4 of 7
Notice period to be given by the employer to the employee
The Home has the right to serve notice of termination of your employment at any time in
accordance with the notice provisions below.
Less than 1 month’s service – nil.
1 month’s service but less than 2 years – 1 week.
2 years’ service or more – 1 week for each complete year of service up to a maximum of 12 weeks.
The Home may require you to take some or all of any outstanding holiday entitlement that you may
have during your notice period.

We shall be entitled to dismiss you at any time without notice or payment in lieu of notice if you
commit a serious breach of your obligations as an employee, or if you cease to be entitled to work
in the United Kingdom.
We may require you to take any accrued but unused holiday entitlement during your notice period.
Pay in lieu of notice
It is agreed that the Home may make a payment in lieu of notice to you. You shall not be entitled to
any benefit other than pay or money in lieu of such benefits in respect of any period for which
payment in lieu has been made.
Lay off/short time working
The Home reserves the right to lay off employees or to introduce short-time working should this be
required by a downturn in work or other needs of the business.
A more detailed explanation of the procedure is shown in the Employee Handbook.
Confidentiality
During the course of your employment you will be party to information concerning the Home, its
products and customers. Such information is to be regarded as strictly confidential. You may not
disclose or discuss with any other person outside the Home information relating to its business
including product information or matters relating to security. Any breach of this condition will
render you liable to disciplinary action, which may result in dismissal.
Conflict of interest
During your employment you will be expected to devote the whole of your working time and
attention to the Home’s business and to use your best endeavours to promote the Home’s general
interest.
If required to do so you must provide details of any relationships with any of the Home’s customers
or suppliers and comply with any reasonable instructions given to you by the Home on such
relationships.

Page 5 of 7
Stop and Search

We reserve the right to conduct searches for Company (or other unauthorised) property including
(but not limited to) medication, and any other drugs or illegal substances in accordance with the
Rights of Search policy as amended from time to time, a copy of which can be found in the Staff
Handbook.
If any Company property, drugs or illegal substances are located in breach of the Rights of Search
Policy, this may result in disciplinary action being taken against you.
If you refuse to be searched in accordance with the Rights of Search Policy, this may constitute a
refusal to obey a reasonable instruction and/or a breach of contract and may result in disciplinary
action being taken against you.

Changes to your terms of employment

We reserve the right to make reasonable changes to any of your terms of employment. You will be
notified in writing of any change as soon as possible and in any event within one month of the
change.

Confidential information

You shall not use or disclose to any person either during or at any time after your employment with
the Company any confidential information about the business or affairs of the Company or any of
its business contacts, or about any other matters which may come to your knowledge in the course
of your employment. 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 the
Company or any of its business contacts.
The restriction in the clause above does not apply to making a protected disclosure within the
meaning of section 43A of the Employment Rights Act 1996; or use or disclosure that has been
authorised by the Company, is required by law or by your employment.

Company property

All documents, manuals, hardware and software provided for your use by the Company, and any
data or documents (including copies) produced, maintained or stored on the Company's computer
systems or other electronic equipment (including mobile phones), remain the property of the
Company.
Any Company property in your possession and any original or copy documents obtained by you in
the course of your employment shall be returned to your line manager at any time on request and in
any event prior to the termination of your employment with the Company.
Third party rights

No person other than you and the Company may enforce any terms of this agreement.

Other terms and conditions of employment

Page 6 of 7
Any agreed amendments that materially alter the terms and conditions contained in your contract
will be notified to you in writing and shall take precedence over the terms in this statement.
I have read, understood and am willing to abide by the terms and conditions laid down in the
Employee Handbook and accept that they form an integral part of this Contract of Employment.

Date:
Issued by Employer:
(Manager)

Received by Employee: Date:

(Employee’s Signature)

Page 7 of 7