Guest Posted March 13, 2006 Share Posted March 13, 2006 I am hoping that someone else has come across this problem before and knows the answer. We have a new member of staff who is employed in our preschool one session a week to help one-to-one to support one particular child's needs. If this child is going to be absent then child's mum rings her to let her know that she is not needed and we don't pay her. If our funding for this job were to dry up we couldn't guarantee to continue to employ her. We have not drawn up a formal employment contract, we just pay her for each session when she is with us, rather like we would a temporary member of staff. Is that OK? I suppose our question is - when do we legally have to have a contract? Carolyn Quote Link to comment Share on other sites More sharing options...
hali Posted March 13, 2006 Share Posted March 13, 2006 Hi we emply exactly the same, but she still works if the child is off ill and does have a contract....the same as the other staff. Quote Link to comment Share on other sites More sharing options...
Running Bunny Posted March 13, 2006 Share Posted March 13, 2006 Hi, Not speaking from experience, but I would guess in order to protect yourself or the group from a legal perspective, it would be advisable to have a contract. You can set out the terms and conditions (hours, pay, arrangements for not requiring her to work in case of child being ill and termination of the contract i.e. when the child leaves) and that way, you are protected in case of any disputes. Hope that helps! RB x Quote Link to comment Share on other sites More sharing options...
Rea Posted March 13, 2006 Share Posted March 13, 2006 If you're a memeber of the PLA, Lawcall should be able to help. I suppose it might depend on how she was taken on, was she aware from the start that she would only be paid when she had to work with that particular child? I'm thinking along the lines of myself, as supply, if I'm not needed I dont get paid and I knew that from the start. Take a look at the work and pensions site, I think thats the one that will ahve the info you need. Here Quote Link to comment Share on other sites More sharing options...
Inge Posted March 13, 2006 Share Posted March 13, 2006 (edited) we would have a contract setting out terms and conditions of employment so that she was aware of the fact that she is employed for the support of the child, and employment would end at the time the child leaves unless a suitable post is available. We would not if she was on supply form another agency, as we get a lot of staff empolyed by the local springboard group to work in the setting on a 1:1 with children. Inge ps. we also have contacts for temporary members of staff. Edited March 13, 2006 by Inge Quote Link to comment Share on other sites More sharing options...
Andreamay Posted March 13, 2006 Share Posted March 13, 2006 we have someone who does a 1:1 and when she is ill doesnt get paid she clains for what she works however she is on a temp contract Quote Link to comment Share on other sites More sharing options...
Smiles Posted March 13, 2006 Share Posted March 13, 2006 Thought all employees should legally have a contract. W e have a person who is currently working one to one and she has a contract stating it is a temporary position . Sue Quote Link to comment Share on other sites More sharing options...
Guest Posted March 13, 2006 Share Posted March 13, 2006 Thank you everyone. I will make out a temporary contract for her, stating the conditions. Carolyn Quote Link to comment Share on other sites More sharing options...
Alison Posted March 13, 2006 Share Posted March 13, 2006 contracts can be short term for instance a term at a time and just because a person has a contract doesnt guarantee they will have a job, just what terms they have been employed under. contacts help protect the employer as well as the employee, and they dont need to be long wordy documents. Quote Link to comment Share on other sites More sharing options...
Guest Posted March 14, 2006 Share Posted March 14, 2006 I have a 1-1 and she is self employed. I pay her with money that the Borough/LEA pays me with for SEN children. I don't have a contract for her but the money does go through my books as I get the money as a grant. She pays her own tax and N.I. as she works in other places. sorry to be different.!! Quote Link to comment Share on other sites More sharing options...
Guest Posted March 14, 2006 Share Posted March 14, 2006 I have a 1-1 and she is self employed. I pay her with money that the Borough/LEA pays me with for SEN children. I don't have a contract for her but the money does go through my books as I get the money as a grant. She pays her own tax and N.I. as she works in other places. sorry to be different.!! 50780[/snapback] I used to employ someone on a self employed basis but I still had a contract, a written agreement of the "service" I was paying her for, start date, finish date and responsibilities. This also included grievance and disciplinary procedures etc. I also worked for PLA as an accreditation assessor, self employed, and had to sign a contract for each assessment job. ( these were 14 day contracts) Peggy Quote Link to comment Share on other sites More sharing options...
Guest Posted March 18, 2006 Share Posted March 18, 2006 thanks Peggy never thought of a short term contract, mainly because the SEN workers are supplied by the Borough. They only come in once a week, and it always seems a grey area of who they actually work for. We have no end of trouble with them because they never seem to work for us, or with us !!. If I start doing a contract for them I would have more control over who and what they are. Thanks thats really put me in a good mood as my present one is unsettling all the rest of the staff with her comments on what other people do in her other settings. Quote Link to comment Share on other sites More sharing options...
Guest Posted March 19, 2006 Share Posted March 19, 2006 Steph, If I were you I would head your contract on the paramount importance of CONFIDENTIALITY and the consequence of Breaching confidentiality. If she is talking about what other people do in other settings, what will she be saying about your staff to her next setting? I would challenge her on every comment she made, telling her it is innappropriatte. Peggy As you may have gathered I deplore gossip. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.