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Do We Need A Contract Of Employment?


Carolyn C
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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

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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

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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. :D

Take a look at the work and pensions site, I think thats the one that will ahve the info you need. Here :D

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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 by Inge
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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.

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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.!! :o:D

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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.!! :o  :D

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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

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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. :D:D:D

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Steph, If I were you I would head your contract on the paramount importance of CONFIDENTIALITY and the consequence of Breaching confidentiality. :o

If she is talking about what other people do in other settings, what will she be saying about your staff to her next setting? xD

I would challenge her on every comment she made, telling her it is innappropriatte. :(

 

Peggy

 

As you may have gathered I deplore gossip.

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