THE MANCHESTER COLLEGE CONTRACT OF EMPLOYMENT OFFENDER LEARNING

Transcription

1 THE MANCHESTER COLLEGE CONTRACT OF EMPLOYMENT OFFENDER LEARNING TIMETABLED SESSIONAL TRAINER / TUTOR - ANNUALISED HOURS CONTRACT DATE OF ISSUE: [DATE] [EMPLOYEE'S NAME] And The Manchester College

2 DATE OF CONTRACT: [DATE] PARTIES: (1) The Manchester College of Whitworth House Ashton Old Road, Openshaw, M11 2WH (the "College") (2) [EMPLOYEE'S NAME] of [EMPLOYEE'S ADDRESS] IT IS AGREED THAT: 1 COMMENCEMENT 1.1 Your period of continuous employment began on [DATE]. 1.2 For the purposes of redundancy calculations any other Local Government service will be counted, as long as the service is continual and without a break, as per the organisations listed on the Local Government Modification Order. 2 JOB TITLE AND DUTIES 2.1 Your job title is [Sessional Tutor / Trainer]. You will report to the Team Leader/OLASS Manager. 2.2 Your normal responsibilities and duties are as detailed in the attached role profile. The College will review posts from time to time and reserves the right to amend the role profile applicable to your job title as appropriate to meet the needs of the College. 2.3 The College reserves the right to require you to perform such other or additional duties, for the College, as the College may reasonably determine from time to time. 2.4 You are expected to work flexibly, to make every effort to discharge your caseload effectively and to maintain the highest possible professional standards in all contacts with the Colleges students, service providers, employees and clients. 2.5 You are required to be familiar with and comply with all policies and procedures of the College as amended from time to time and the relevant Offender Learning establishment rules and regulations. All policies can be seen on the College intranet or in the staff handbook. Please note, unless stated otherwise, all policies and procedures do not form part of this contract of employment. 2.6 You agree that should you engage in any form of paid or unpaid business, employment or engagement other than your employment with the College, you will inform the College in writing of the average hours worked on this activity per week. (This includes any employment or engagement which commenced before your employment under this contract) You further agree to discontinue it if an actual or potential conflict of interest between that activity and your work for the College arises.

3 3 PLACE OF WORK 3.1 Your principal place of employment is [PRISON NAME]. 3.2 You may be required to work either on a temporary basis or a permanent basis at any location as the College may reasonably require from time to time. 3.3 You may also be required to travel on College business for which the College shall reimburse you reasonable expenses in accordance with the College s Guidelines regarding Expenses & Benefits. You may be required to travel outside normal business hours, at weekends and public holidays should the need arise. 4 CONTINUING PROFESSIONAL DEVELOPMENT 4.1 You are required to complete a minimum number of 30 hours (pro-rata) of continuing professional development ("CPD") each year. You are obliged to keep a record of the continuing professional development you have undertaken and to make that record available to the College. 4.2 You are also obliged to register with the Institute for Learning and to provide them with a copy of your CPD record on request. 4.3 From time to time you may be required to undertake relevant work related training and development for which fees are payable. The College will pay these fees with the expectation that it will receive a return on its investment in you. In the event that you give notice to terminate your employment you agree to repay to the College the fees incurred as follows: (a) (b) if you leave part way through the training or within 1 year of completion of the training you agree to pay back 100% of the fees; and if you leave within 2 years of completion of the training you agree to pay back 50% of the fees. 4.4 In the event that you fail to complete a course you agree to pay back 100% of the fees. 5 TEACHING QUALIFICATION 5.1 You are required to hold or be working towards the teaching qualifications prescribed by the Further Education Teachers Qualifications (England) Regulations 2001 and 2007 as amended, updated or replaced from time to time ("the Regulations"). 5.2 Your continued employment is subject to you holding the qualifications prescribed in the Regulations or obtaining the qualifications within the time frame set out in the Regulations. 5.3 The College reserves the right to terminate your employment with notice in the event that you do not hold the prescribed qualification or fail to obtain the prescribed qualification within the time frame set out in the Regulations.

4 6 EMPLOYMENT CHECKS 6.1 You agree to the College obtaining employment checks, such as rights to work and references, both prior to the commencement of your employment and on a regular basis throughout your employment. 6.2 You agree to the College obtaining enhanced disclosure about you from the Criminal Records Bureau ( CRB ) both prior to the commencement of your employment and on an regular basis throughout your employment. Enhanced security checks will be completed by the relevant Offender Learning establishment. 6.3 Your continued employment is subject to the College receiving enhanced disclosure about you from the CRB that is satisfactory to the College and Offender Learning establishment. Your continued employment is subject to the relevant Offender Learning establishment being satisfied by their enhanced security checks. 6.4 If the College receives any check, including enhanced disclosure about you from the CRB, which it deems to be unsatisfactory, the College reserves the right to terminate your employment with notice. 7 PROBATIONARY PERIOD 7.1 Your initial employment with the College will be on the basis of a probationary period of 9 months, during which the College will assess and review your conduct, performance and your suitability for the post to which you have been appointed. 7.2 During the probationary period the College may at any time terminate your employment with one week's notice. 7.3 The College reserves the right to extend your probationary period should it be deemed necessary. 7.4 During your probationary period you will be expected to abide by the College's rules on standards of performance and conduct. The College's disciplinary procedures do not form a part of the terms of your contract of employment. 8 NORMAL HOURS 8.1 Your annual sessional delivery hours will be agreed and confirmed to you before the start of each academic year for each year running 1 September to 31 August (pro-rated if your employment commences after 1 September). These annual sessional delivery hours will be reviewed at the commencement of each academic year and, as stated at clause 8.8 below, your hours will be reconciled and reviewed on a quarterly basis. Your hours therefore may be subject to change (up or down) to meet operational requirements and to ensure that we avoid excessive discrepancies at the end of the academic year (leaving you either significantly underpaid or, in accordance with clauses 8.8 and 8.9 below, subject to a deduction from salary in order to address an overpayment). Any change to your sessional delivery hours will be subject to a limit of 10% (up or down) of your annual working hours. 8.2 Your annual delivery hours will be [NUMBER].

5 8.3 You will be provided with a schedule of work, which will detail the days, sessions and hours of delivery. This is subject to change to meet business or operational requirements. Please see attached scheduled which details your annual sessional delivery hours for the current academic year, pro-rata from the date this contract becomes effective. 8.4 You may be required to work these hours at any time between 7.30am and 21.30pm Monday to Sunday, in accordance with the individual establishment regime operating times and delivery requirements. You will be notified of the hours to be worked from time to time by your line manager. 8.5 The payment for the teaching hours required of you includes an element of time for teaching preparation, assessment of students, marking, attendance at meetings and all other activities incidental to your teaching duties, but excludes time walking to and from the gate, which remains unpaid. For the avoidance of doubt you are not entitled to extra pay for working any additional hours associated with your timetabled sessions. 8.6 Any additional sessions worked over the agreed yearly amount will be paid at a flat rate of [hourly rate] per hour (including an element of holiday pay) provided that those additional sessions are authorised in advance by your line manager. 8.7 Any additional hours you are required to work that are not related to sessional delivery activity and associated duties (for example training and development activities) will be paid at a rate of per hour. 8.8 The numbers of hours you will be required to teach each week may vary from time to time and you may not be required to work any hours in some weeks. 8.7 In the event that you have not worked your contracted hours, as specified in your schedule of work, by 31 August (pro-rated if your employment commences after 1 September) then the College reserves the right to reconcile the deficit, in the number of hours worked between 1 September and 31 August, with salary. In this situation, you authorise the College at any time during your employment and on termination, to deduct from your pay (which for this purpose includes but is not limited to salary, pay in lieu of notice, holiday pay and sick pay) all overpayment paid to you by the College in light of not working your annual timetabled hours to 31 August (pro-rated if your employment commences after 1 September). 8.8 Your actual hours worked will be reconciled against the annual hours timetabled and will be reconciled on a quarterly basis. Significant adjustments will normally be discussed with you before a deduction is made (such deductions are made to avoid excessive discrepancies at the end of the academic year). 8.9 You agree to accurately complete such annualised hours recording sheets as directed by your line manager. Completing these annualised hours recording sheets accurately is very important as you may not have regular hours and therefore the College must be able to verify your working hours at all times. Providing false information on the annualised hours recording sheets is considered gross misconduct and you will be dealt with in accordance with the College's disciplinary procedures.

6 9 PAY 9.1 Your annual salary will be calculated at the rate of [hourly rate] per hour for each sessional hour you are timetabled to deliver over the academic year. This is inclusive of an element of holiday pay, see section Your salary will be paid in 12 equal instalments and paid monthly on the last working day of each month. Your salary will be credited directly to your bank account. 9.3 Any additional sessional hours that you work, will be paid directly into your bank account, one month in arrears. 10 EXPENSES You will be reimbursed for business expenses properly incurred by you in the performance of your duties provided that any expenses incurred have been approved in advance, in writing, by your line manager in line with the College s guidelines regarding expenses and benefits. You must produce evidence of your expenses in the form required by the College. The College reserves the right to refuse to reimburse expenses for which no satisfactory evidence has been produced. 11 PENSION SCHEME 11.1 You are entitled to participate in the appropriate pension scheme which is available by the College at the time. Please seek further information from College s HR Department. 12 HOLIDAYS 12.1 The College's holiday year runs from 1 September to 31 August Subject to you working the number of hours specified in your annual schedule of work, you are entitled to statutory paid holidays Holiday hours will be calculated at the rate of 13% of your annual timetabled sessional hours in each complete holiday year, inclusive of bank holidays (pro-rated if your employment commences after 1 September). This calculation is based on 231 full time working days, and 22 days annual leave and 8 days public holidays during the academic year (30 / 231 x 100 = 13%). For example if you are timetabled for 500 hours for the academic year you will be entitled to 65 leave hours (500 x 13% = 65) For the avoidance of doubt, the holiday hours (for which you receive an element of pay as part of your hourly rate as detailed in clause 9.1) are to be taken in addition to the annual timetabled hours you are required to work There is no entitlement to a payment in lieu in respect of any holiday untaken at the end of the holiday year nor any option to carry leave forward to the next leave year The College maintains the right to refuse a request for leave having regard to the reasonable requirements of the College's business.

7 13 SICK ABSENCE AND SICK PAY The management of sickness absence and sick pay entitlements can be sought from the College s HR Department. 14 CONFIDENTIALITY 14.1 You may not, other than in the proper course of your employment, during your employment or after the termination of your employment with the College use or disclose Confidential Information to anyone without obtaining the prior written approval of the Clerk to the Governors You must use your best endeavours to prevent the disclosure of Confidential Information by another party and must notify the College of any disclosure, suspected disclosure or potential disclosure of Confidential Information by another party For the purposes of this clause Confidential Information includes any information that is not in the public domain that relates to: the services offered or provided by the College including, but not limited to: the details of the parties to whom services are offered or provided; the requirements of the parties in relation to the services; and the terms on which the services are provided; proposed reorganisation, restructure, expansion or contraction of the College's activities including any reorganisation, restructure, expansion or contraction which relates to activities of any other organisation; financial information relating to the College; details of any officers, employees, workers or consultants of the College including, but not limited to, their names, addresses, pay and benefits, experience, skills and aptitudes; details of any students including, but not limited to, their names, addresses, details of disciplinary or grievance issues, experience, skills and aptitudes; any information relating to Offender Learning establishments including, but not limited to: details of officers, employees, workers, consultants, prisoners or young offenders including names addresses, pay and benefits, experience, skills and aptitudes; details of the criminal convictions and disciplinary offences of the prisoners or young offenders; details of the lay out of the prison; security regimes or any other information specifically related to the Offender Learning establishment. Disclosure of confidential information regarding an Offender Learning establishment or its staff or an offender may be treated as a criminal offence, so it is important that you ensure you are familiar with and understand your obligations during and after your employment any information of a commercially or personally sensitive nature or information which may not be readily available to others engaged in a similar business to that of the College or to the general public; and

8 any information which you have been told is confidential or which you might reasonably expect to be confidential Breach of this clause may be considered to constitute gross misconduct and may lead to dismissal without notice or payment in lieu of notice. 15 INTELLECTUAL PROPERTY AND COPYRIGHT 15.1 You agree that the copyright in all records and documents created by you in the course of your employment and/or for the purposes of furthering the activities of the College shall belong to the College. For the avoidance of doubt the copyright in any work created by you as Scholarly Work for the purposes of furthering your professional career shall belong to you. For the purposes of this clause Scholarly Work includes items such as books, contributions to books, articles and conference papers You agree that you shall give the College full written details of all inventions and of all works embodying intellectual property rights made wholly or partially by you at any time during the course of your employment. You acknowledge that all such intellectual property rights are owned by the College and you hold the intellectual property rights subsisting (or which may in the future subsist) in all such inventions and works on trust for the College. You agree promptly to execute all documents and do all acts as may, in the opinion of the College may be necessary to give effect to this clause You irrevocably waive all moral rights under the Copyright, Designs and Patents Act 1988 as amended updated or replaced from time to time (and all similar rights in other jurisdictions) which you have or will have in any existing or future works referred to in this clause You irrevocably appoint the College to be your attorney to execute and do any such instrument or thing and generally to use your name for the purpose of giving the College or its nominee the benefit of this clause and acknowledge in favour of a third party that a certificate in writing signed by any senior manager of the College that any instrument or act falls within the authority conferred by this clause shall be conclusive evidence that such is the case. 16 TERMINATION 16.1 Your contract of employment is terminable by the College and you by giving to the other in writing, the following notice: (a) (b) (c) (d) Less than 1 year s service 1 week s notice One to two years service 2 week s notice Two to twelve years service 1 week s notice for each completed year of service 12 years service and above 12 weeks notice 16.2 During any period of notice and provided the College continues to pay your salary and all benefits to which you are contractually entitled (or to pay a sum in lieu of the value of such benefits) until the termination of your employment, you agree that the College shall be entitled at its absolute discretion:

9 to require you not to carry out your duties or to exercise your responsibilities under this contract during the remaining period of your notice period (or any part of such period); to require you not to attend your place of work or any other premises of the College during the remaining period of your employment (or any part of such period); to require you not to make contact with any students, employees, service providers, agents or clients of the College except as directed by the College during the remaining period of your notice period (or any part of such period); and/or to require you to work from your home or another location and/or to carry out exceptional duties or special projects outside the normal scope of your duties and responsibilities Your employment is conditional upon you receiving and retaining security clearance from the Offender Learning establishment at which you are employed to work. You must also abide by the professional standards of conduct for prison staff and the rules and regulations of the Offender Learning establishment at which you are employed to work (details of these will be issued by the Offender Learning establishment). If your security clearance is revoked and/or you are permanently excluded from the Offender Learning establishment at which you are employed to work, the College will terminate your employment with notice. 17 RETURN OF DOCUMENTS AND PROPERTY On termination of this contract for any reason (or earlier if requested) you will immediately return to the College all property (including but not limited to any documents and software, credit cards, uniform, mobile phone, IT equipment, keys and security passes) belonging to the College in your possession or under your control. For the avoidance of doubt College property includes property belonging to the Offender Learning establishment. Documents and software include (but are not limited to) registers, student records and work, correspondence, diaries, address books, databases, passwords for your computer, files, reports, minutes, plans, records, documentation or any other medium for storing information. Your obligations under this clause include the return of all copies, drafts, reproductions, notes, extracts or summaries (however stored or made) of all documents and software. The College may withhold any monies owing to you pending you providing, if so requested, your written undertaking that you have complied with this obligation. All property belonging to stakeholders of the College must also be returned upon termination of this contract. 18 DEDUCTIONS 18.1 You authorise the College at any time during your employment and on termination, to deduct from your pay (which for this purpose includes but is not limited to salary, pay in lieu of notice, holiday pay and sick pay) all debts owed by you to the College, including but without limitation any overpayment made to you because you worked fewer hours in any year than those specified in clause 8.1 (pro-rated where appropriate), holiday taken in excess of your entitlement, training fees, loans, floats, credit card balances (and interest where appropriate) advanced by the College to you, the cost of repairing any damage or loss to the College s property caused by you and any loss suffered by the College as a result of any neglect or breach of duty by you.

10 19 DATA PROTECTION 19.1 Your personal data, including sensitive personal data, will be held by the College and relevant Offender Learning establishments in its manual and automated filing systems. You consent to the processing and disclosure of such data for the purposes of, salary administration, pension administration, training and appraisal, including performance and disciplinary records, equal opportunities monitoring, marketing of products and services to you and security purposes You agree to use all reasonable endeavours to keep the College informed of any changes to your personal data and to comply with the Data Protection Act GOVERNING LAW AND NOTICE 20.1 We reserve the right to make reasonable changes to your terms of employment. You will be notified of minor changes by way of a general notice. These changes will have effect from the date of the notice. You will be given not less than 1 month's written notice of any significant changes and you will be deemed to accept them unless you notify the College s HR Department in writing of any objection before the end of the notice period. *This contract is accompanied by The Manchester College Conditions of Service for Sessional Tutors / Trainers (Offender Learning). *The Manchester College Policies will also apply; these do not form part of the contract of employment and are subject to change from time to time at management s discretion. Your signature below confirms you have read the terms of this contract and understand that this contract constitutes the main terms of your contract of employment with the College. Signed Name Dated......

11 APPENDIX Annual Schedule of Timetabled Sessional Hours