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Nanny Contract of Employment
Between ("the Employer")
and ("the Nanny")
1 COMMENCEMENT
Your employment with will begin on 3 rd October 2007 for a period of 3 months and terminating on 3 rd January 2008.
2 JOB DESCRIPTION
You are employed as a Nanny
3 DUTIES
3.1 Your duties include:
Please see attached job description
3.2 In carrying out your duties you shall at all times follow the reasonable directions of the Employer concerning the care, education and upbringing of the Alice.
3.3 During your normal working hours you shall devote your whole time, attention and abilities to carrying out your duties unless prevented by ill health from doing so and shall not during your employment enter into any nanny-sharing arrangement without the prior written consent of the Employer.
4 PLACE OF WORK
4.1 Your place of work is Maryland or elsewhere suitable for the proper performance of your duties under this agreement
4.2 You are not expected to work outside the UK for a period of one month or more.
5 HOURS OF WORK
5.1 You will normally work Monday, Tuesday, Wednesday, Thursday, Friday and at such other times as may be agreed between you and the Employer.
5.2 Normal hours of work shall be 9.00am until 18.00pm, 9 hours per day, Wednesday to Friday, with the occasional times when required to work until 19.00pm given notice and with the Nanny's approval. This extra hour will not be charged as overtime. You may be required to work on bank holidays or on free days but shall be entitled to a day's holiday in lieu.
5.3 The Nanny shall be entitled to a rest period of not less than 11 consecutive hours between the end of her normal working hours on one day and the commencement of her normal working hours on the following day. It shall be the responsibility of the Nanny to ensure that she takes such a rest period.
5.4 Unless prevented by illness or injury the Nanny shall:
a) devote the whole of her time, attention and ability, both during normal working hours and during such other reasonable additional hours as may be agreed between the Employer and Nanny, for the performance of her duties; and
b) follow all lawful and reasonable instructions of the Employer
6 PROBATIONARY PERIOD
The first month will be treated as a probationary period during which time the employment may be terminated by either party by giving one week's notice in writing to the other which may be given at any time during or at the end of this period.
7 PAY, BENEFITS AND EXPENSES
7.1 Your rate of pay is £432 gross per week for 27 hours work, payable on the Friday of each week worked. Additional hours worked outside normal working hours will be paid at the rate of £18.00 per hour. The employer is in no way entitled to deduct monies from the weekly sum owing to the Nanny.
7.2 You will be paid by either cheque or by way of a bank transfer direct to the Nanny's bank account, as agreed by both parties. A monthly invoice will be provided by the Nanny for the Employer's record.
7.3 There is no pension scheme applicable to your employment.
You are entitled to the following benefits:
CAR OPTION
You are entitled to use a vehicle provided by the Employer and the Employer shall bear the cost of maintaining, taxing, licensing and insuring such vehicle and the cost of all petrol and running expenses incurred in the use of such vehicle by you in the proper performance of your duties. The use of such vehicle is conditional upon you having a full, clean and valid UK driving licence, complying with the terms of any insurance policy applying to the vehicle used, taking good care of the vehicle and keeping it secured and locked at all times when not in use and notifying the Employer immediately of any defects or accident or damage involving the vehicle or any theft thereof.
The Nanny shall be reimbursed for all reasonable expenses incurred by her in the performance of her duties under this contract, provided that the expenses are incurred with the approval of the family and provided the Nanny produces such evidence of expenditure as may reasonably be required.
The Nanny shall be reimbursed petrol costs, which are calculated at a cost of 40p per mile if the Nanny is required to use her own car. Additional insurancewill be paid for by the Employer for the period required. Baby seat and childcare seats will be provided by the Employer and are in no way the responsibility of the Nanny.
Mileage to and from work will be charged at £20.00 per week
MOBILE PHONE OPTION
You are entitled to reimbursement of the cost of all calls incurred in the use of a mobile telephone by you in the proper performance of your duties through a least-cost option.
OCCASIONAL ACCOMMODATION OPTION
You may be required to reside in the accommodation known as Maryland from time to time for the proper performance of your duties as agreed by both parties. You will not be required to pay rent or any other outgoings in respect of such accommodation but you must vacate the accommodation immediately on the termination of your employment. You must not allow anyone else to reside in the accommodation with you without the prior agreement of the Employer. You will not have exclusive possession of such accommodation and the Employer has the right to enter the accommodation at any time.
OTHER BENEFITS OPTION
You are entitled to Meals: lunch.
7.5You will be reimbursed by the Employer for all reasonable expenses properly and necessarily incurred by you in carrying out your duties.
7.6 The Employer will not be responsible for accounting to the Inland Revenue for Income Tax or the Nanny's National Insurance Contributions, as the Nanny is self-employed
8 HOLIDAYS
8.1 Bank holidays and public holidays will not be worked by the Nanny, except with prior agreement by both parties, in which case the Nanny is entitled to a day's holiday in lieu
The Nanny will have 10 days holiday starting on Monday 22 nd of June until and including 9th July. Where possible, holidays will be taken at the same time as the Employer
The Nanny will be entitled to ask for additional days at the discretion of the Employer.
9 ABSENCE FROM WORK / ILLNESS
9.1 If you are unable to come to work for any reason you, or someone on your behalf, must inform the Employer in the morning on the first day of your absence.
9.2 If you are absent due to illness for eight or more days, you must provide the Employer with a medical certificate signed by a GP explaining the reason for your absence. For shorter periods of absence due to illness of between four and seven days you must complete a self-certification form. The Employer shall be entitled to employ a temporary replacement in your absence.
10 ENDING EMPLOYMENT
10.1 Your employment is temporary for 6 months, subject to Clauses 10.2 and 10.3 and to general rights of termination under the law.
10.2 The amount of notice of termination of your employment you are entitled to receive from the Employer is six weeks
10.3 The amount of notice of termination of your employment you are required to give the Employer is 4 weeks
10.4 Your employment temporary and is expected to continue for 6 months.
11 SUMMARY TERMINATION OF EMPLOYMENT
The Employer shall be entitled to terminate your employment at any time by giving written notice of immediate termination to you in any of the following circumstances:
11.1 if you commit a criminal offence;
11.2 if you seriously or persistently breach any provision of this agreement;
11.3 if you are found guilty of serious misconduct or dishonesty or wilful neglect whether during the performance of your duties or otherwise.
12 RETURING PROPERTY
Upon the termination of your employment for whatever reason you will deliver up any property in your possession relating to the Employer.
13 CONFIDENTIALITY
You undertake not to divulge or allow to be divulged, at any time during the course of or following termination of your employment, any information designated as confidential by the Employer or any other personal information concerning the household or family of the Employer which has at any time come to your knowledge during your employment.
14 DISCIPLINARY AND DISMISSAL PROCEDURE
The following procedure should be followed if you are to be disciplined or dismissed. Matters which may be dealt with under this disciplinary and dismissal procedure include discipline and dismissal for the following reasons:
misconduct
sub-standard performance
poor timekeeping or unauthorised absences
failure to follow instructions
Minor cases of misconduct and most cases of poor performance may be dealt with by an informal oral warning, which does not count as part of the formal (or statutory) disciplinary procedure. No formal record of this type of warning will be kept. If there is no improvement or the matter is serious enough, you will be invited to a disciplinary meeting at which the matter can be properly discussed. You will be allowed to bring a friend or relative to the meeting. The outcome of the meeting will be communicated to you. There are the following possible outcomes:
Oral warning
In the case of minor infringements you may be given a formal oral warning. A note of the oral warning will be kept on your file but will be disregarded for disciplinary purposes after six months. You have the right to appeal against a formal oral warning.
Written warning
If the infringement is more serious or there is no improvement in conduct after a formal oral warning you will be given a formal written warning giving details of the complaint, the improvement or change in behaviour required, the timescale allowed for this, the right of appeal and the fact that a final written warning may be given if there is no satisfactory improvement or change. A copy of the written warning will be kept on file but will be disregarded for disciplinary purposes after 12 months.
Final written warning
Where there is a failure to improve or change behaviour during the currency of a prior formal written warning, or where the infringement is sufficiently serious, you may be given a final written warning. This will give details of the complaint, warn that failure to improve will lead to dismissal and refer to the right of appeal. The final written warning will be kept on file but will normally be disregarded for disciplinary purposes after 12 months.
Dismissal
If your conduct or performance still fails to improve the final step will be to contemplate dismissal. If the Employer is contemplating dismissing you the"Standard Disciplinary and Dismissal Procedure" must be followed which is a statutory requirement.
The Standard Disciplinary and Dismissal Procedure:
Step 1: Written statement
The Employer must write to you setting out what you have done, or failed to do that may result in disciplinary action or dismissal and invite you to attend a meeting to discuss the matter. If possible, the Employer will provide you with copies of any relevant evidence against you.
Step 2: Meeting
The meeting should be at a reasonable time and you must take all reasonable steps to attend. You have the right to be accompanied by a friend or relative. The meeting should be far enough ahead that you have had time to think about the statement in the letter but it should not be delayed for too long. After the meeting the Employer must inform you of any decision in writing and offer you the right of appeal if the decision goes against you.
Step 3: Appeal
If you wish to appeal you must inform the Employer within 5 working days that you wish to appeal against the Employer's decision. The Employer will arrange a meeting to discuss the appeal within 7 working days and you must take all reasonable steps to attend. You have a right to be accompanied by a friend or relative. After the meeting you must be told of the decision in writing, making it clear that it is final.
Gross misconduct
If, after investigation, it is confirmed that you have committed one of the following offences (the list is not exhaustive), you will normally be dismissed:
physical violence
alcohol or drug abuse during working hours
deliberate damage to property
serious infringement of health and safety regulations
serious insubordination
theft and /or fraud
negligence which causes serious consequences for Alice or the Employer
communicating confidential information
While the alleged gross misconduct is being investigated, you may be suspended, during which time you will be paid. Any decision to dismiss will be taken by the Employer only after a full investigation.
The Standard Disciplinary and Dismissal Procedure applies to dismissals for gross misconduct.
Modified Dismissal Procedure
In a few cases of gross misconduct the Employer may be justified in dismissing you immediately without conducting an investigation. In these cases a two
step "Modified Dismissal Procedure" will be followed:
Step 1: Written statement
The Employer must write to you setting out what you have done, or failed to do that resulted in dismissal. You must also be told that you have the right of appeal against this dismissal.
Step 2: Appeal
If you wish to appeal you must inform the Employer within 5 working days. The Employer will then arrange a meeting to hear the appeal within 7 working days. Following the appeal meeting the Employer must inform you of the decision, making clear that it is final.
15 GRIEVANCE PROCEDURE
Most routine complaints and grievances are best resolved informally in discussion with the Employer. Where the grievance cannot be resolved informally it will be dealt with under the following procedure that complies with the statutory grievance procedure:
The Standard Grievance Procedure
Step 1: Written statement
You must set down in writing the nature of the alleged grievance and send the written complaint to the Employer.
Step 2: Meeting
Within a reasonable time (normally within 5 working days) the Employer must invite you to at least one meeting at which the alleged grievance can be discussed. You must explain what the basis for the grievance is. The meeting should be at a reasonable time and you must take all reasonable steps to attend. You have a right to be accompanied by a friend or relative. After the meeting the Employer must inform you of any decision in writing and offer you the right of appeal if the decision goes against you.
Step 3: Appeal
If you wish to appeal you must inform the Employer. The Employer will then invite you to attend another meeting. You must take all reasonable steps to attend. After the meeting the Employer must inform you of the decision taken. You will be allowed to bring a friend or relative to the meeting.
The Modified Grievance Procedure
The modified grievance procedure will apply in relation to your grievance only if:
you no longer work for the Employer
you have agreed with the Employer in writing that it will apply
you raised it before you left, but the standard procedure wasn't completed, or you didn't raise it until after you left
There are two steps within the modified grievance procedure:
Step 1: Written statement You must put your grievance in a written statement and send a copy to the Employer.
Step 2: Written response
The Employer must write back to you giving a response to the points you have raised.
16 COLLECTIVE AGREEMENTS
There are no collective agreements which directly affect the terms and conditions of your employment.
17 ADDITIONAL ITEMS
During working hours the Nanny will not look after any children other than the children of the Employer without the consent of the Nanny
The Nanny reserves the right to make minor changes to any terms and conditions of this contract
No variation of amendment to this agreement shall be legally binding unless and until such variation is confirmed in writing and signed and dated by both parties in acceptance of the terms and conditions
SIGNED by [NAME OF EMPLOYER]
Date
SIGNED by [NAME OF NANNY]
Date
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