Contract of Employment – RGN/RMN

BC CARE LTD     (the 'Business') requires casual workers because varying business demand means that the Business cannot always predict how many people it will need to carry out work for it at all times. This letter records the terms on which the Business agrees to enter into a casual work relationship with you.

Status of This Agreement

1. This contract contains all of the agreed terms between you and the Business relating to your casual work from time to time for the Business. This is not an employment contract and does not give you any employment rights (other than rights which workers are entitled to). This agreement does not create any obligation on the Business to provide work for you. By signing this contract you confirm your understanding that the Business makes no promise of a minimum amount of work nor working hours and you will work on a flexible basis, as and when required. It is the intention of both you and the Business that there be no mutuality of obligation between you and the Business at any time when you are not performing work for the Business.

How Work Will Be Offered and Carried Out

2. It is entirely at the Business' discretion whether to offer you or any other person work or not. The Business is not required to provide you with work at any time and the Business does not have to give reasons for its decisions.
3. Each piece of work offered to you is entirely separate and you and the Business have no relationship in between the different pieces of work (an 'Assignment'). Just because work has been offered to you once or more than once, this does not give you any legal rights or entitle you to regular work or give you continuity of employment.
4. All work you carry out for the Business will be governed by the terms of this letter, unless the Business tells you otherwise, in writing.
5. If the Business wants to offer you any work it will contact you with an offer by email or telephone. You are under no obligation to accept any work offered by the Business at any time.
6. You may enquire about work by emailing us or contacting us via telephone.
7. If you accept an Assignment, the Business will expect you to complete the Assignment.
8. If you accept an Assignment, you must tell the Business immediately if you are unable to complete it for any reason. In the event that an Assignment is not completed, you will be paid on an hourly basis for the work completed.
9. If the Business needs to cancel an Assignment, it will notify you as soon as reasonably practicable.
10. The Business reserves the right to terminate work you are carrying out at any time for operational reasons.
11. You will be paid for all work done up to the time that piece of work is terminated. If the Business has not contacted you before you attend the place of work, and work you have agreed to carry out is cancelled, you will be compensated for reasonable travel expenses already incurred.

Type of Work

12. The Business may offer you work from time to time as needed. If you accept any offer of work, the Business anticipates that your duties will include RGN - Registered Nurse/RMN - Registered Mental Health Nurse. The type of work may change with each piece of work and you may be required to carry out other duties as necessary to meet business needs. You will be told what is involved at the start of each piece of work.
13. Before offering you any work the Business will need to inspect certain original documents to satisfy itself that you are legally entitled to work in the UK. This will be explained to you in more detail by us. You confirm that you are legally entitled to work in the UK without any additional immigration approvals and agree to advise the Business immediately in writing if you are no longer entitled at any time and for any reason.

Pay

14. You will only be paid for the hours that you attend work, as agreed in advance, and set out in clause 2. The Business' current rate of pay for casual workers is £22.77 an hour (gross). You will be paid monthly in arrears on or about the ___END___ of each month directly into your bank account for the hours worked in the previous month. The Business will make all necessary deductions from your wages as required by law, including pension contributions which may be required to be deducted under the auto-enrolment regime, and is entitled to deduct from your wages, or other payments due to you, any money which you may owe to the Business at any time.

Place of Work, Hours and Holiday

15. The Business may offer you work at various locations. You will be told the place of work before the start of each piece of work.
16. Your hours of work will vary depending on the requirements of the Business. You will be told the required hours before you start each piece of work.
17. You will be entitled to an unpaid lunch break of one hour where you are required to work more than six hours in any one day.
18. Your holiday entitlement will depend on the number of hours that you actually work and be pro-rated on the basis of a full-time entitlement of 28 days' holiday during each full holiday year (including the usualeight public holidays in England and Wales). The Business' holiday year runs between N/A  and  N/A
19. If you have taken more holiday than your accrued entitlement at the date that a piece of work ends, the Business may deduct from any payment due to you one day's pay (on the basis that a day's pay equals the average number of hours you work per day times your current hourly rate) for each excess day.

Working Time Opt-Out

20. If you are working more than 48 hours per week, please complete the Business' Working Time Opt Out Letter Agreement to confirm that you wish to opt out of the 48-hour limit on a week's work. If you do not opt out, you will not be able to work more than 48 hours per week. You must keep the Business informed of the hours that you work for any third parties so that it can meet this obligation.

Sickness

21. If you are unable to work the hours you have agreed to work, you must contact us no later than 30 minutes before you are due to start work to explain why you are unable to work.
22. If you satisfy the qualifying conditions laid down by law, you will be entitled to receive statutory sick pay (SSP) for any period of sickness or injury during any agreed work hours, but you will not receive any other payments from the Business during that time.

Data Protection

23. The Business will process personal data,sensitive personal data ('special categories of personal data') and criminal records data about you in accordance with our Data Protection Policy, Data Protection Privacy Notice and Criminal Records Information Policy, available upon request or the Staff Handbook.
24. 'Personal data' includes references, personal records, emails containing personal details, addresses and details of contractual benefits.
25. 'Sensitive personal data' includes information about:
    1. your health, to monitor sick leave and take decisions about your fitness for work;
    2. your racial or ethnic origin or religious or similar information in order to monitor compliance with equal opportunities legislation; and
    3. any criminal proceedings in which you have been involved for insurance purposes and to comply with legal requirements and third party obligations.
26. We may monitor staff in accordance with our policy on communications and equipment available upon request or the Staff Handbook.
27. You will comply with your obligations under our Data Protection Policy and other relevant policies, including in relation to criminal records information and communications and equipment.
28. We will process your data in accordance with our Data Protection Privacy Notice, specifically to:
    1. meet our obligations under your contract; and
    2. ensure that we are complying with our legal obligations.

In other cases, we have a legitimate interest in processing your data before, during and after the end of the business relationship.

29. The Business may transfer personal data and sensitive personal data outside the UK or European Economic Area (EEA) in accordance with the Business' Data Protection Privacy Notice.

Confidential Information

30. You shall not use or disclose any confidential information to anyone, during or at any time after working for the Business. Confidential information means any information or matter which is not in the public domain and relates to the Business or its business contacts. The restriction in this clause does not apply to:
    1. prevent you from making a protected disclosure within the meaning of section 43A of the Employment Rights Act 1996; or
    2. use or disclosure that has been authorised by the Business or is required by law or in the course of your duties.

Business Rules and Procedures

31. During each piece of work you are required at all times to comply with Business rules, policies and procedures in force from time to time.

Business Property

32. All documents, hardware and software provided for your use by the Business, and any data or documents (including copies) produced, maintained or stored on the Business computer systems or other electronic equipment (including mobile phones), remain the property of the Business.
33. Any Business property in your possession, including any original or copy documents obtained by you in the course of your work for the Business, shall be returned to us at any time on request and always at the end of each piece of work.

Termination

34. If you no longer want to be considered for casual work by the Business you should inform us in writing as soon as possible.
35. The Business has the right to end this agreement immediately in writing if it reasonably considers that you have committed any serious breach of its terms or committed any act of gross misconduct. Examples of gross misconduct might include dishonesty, theft, fighting, misuse of drugs or alcohol or any other acts or omissions which might bring the Business into disrepute, but this is not a full list of gross misconduct offences.

Changing Terms and Conditions

36. The Business has the right to update the terms on which it offers casual work by writing to you to terminate this contract with immediate effect and you may, at the Business' absolute discretion, be offered a new contract for casual work. If the Business decides to terminate this contract you will not be entitled to any further payments from the Business other than any outstanding wages and holiday pay.

Entire Agreement

37. This contract fully and accurately sets out the intentions, expectations and all of the terms agreed by both parties relating to when you are working for the Business. Any changes to this contract will only be valid if they are recorded in writing and signed by both parties. You confirm that you have read and understood this document in full and have had the opportunity to take advice where necessary.

Governing Law

38. This agreement shall be governed by and interpreted according to the law of England and Walesand all disputes arising under the agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh