Contract of Employment
Statement of Terms and Conditions
Please note: it is up to you as the employer to keep the contract updated with
regard to changes to or new legislation
Employer’s name: WAHLA CONSTRUCTION LTD
Employee’s name: Maru Miu
Date of commencement of employment: 04/11/2024
Job title: Construction Site Labourer
Normal Working Hours:
Your hours of work will
be (40) weekday hours
Your qualifying days are (M, T, W, T, F, S, S)
There is a need for the employee to be flexible and these hours may be changed as required
according to the employer’s needs. Under these circumstances, where hours need to be
changed or additional hours worked, the employer will give as much notice as possible.
You are entitled to an uninterrupted break of 20 minutes when you daily working time is more
than six hours. It should be a break in working time and should not be taken at the start, or at
the end, of a working day.
The maximum amount of time you can be required to work is 48 hours per week and you are
entitled to 11 consecutive hours rest in any 24 hour period.
Basis of Employment:
Your employment is on a permanent,full time basis.
You may not take up additional employment that is considered to be in any way in conflict with
the work you undertake for the employer without the express approval of the employer or their
nominee. Such approval will not be withheld unreasonably but any such employment must not,
in the view of the employer conflict with the interests of the employer.
You may not, under any circumstances, whether directly or indirectly, undertake any other duties,
of whatever kind, during your hours of work for the employer.
Salary:
As an hourly paid employee, your salary will be £12.80 Your salary is payable
monthly and will be paid on last working day of each month.
The employer will deduct National Insurance and Income Tax as required by law. The employer
may also deduct any overpayment of wages or holiday entitlement.
Holiday entitlement:
The holiday year is from 1st January – 31st December Your holiday entitlement must be taken
during this period. Payment will not be made for any unused holiday and these cannot be taken
into the next holiday period.
The full amount of your holiday entitlement is 6 weeks per year pro-rata per completed months
employment. One week being the equivalent of weekly hours worked.
Holidays must be agreed with the employer at least 4 weeks in advance. You may not take
more than 10 working days working days consecutively without the employer’s prior written
consent.
Should you leave employment and you have exceeded your holiday entitlement then this will be
deducted from your final pay packet. If holiday entitlement is owed you will be paid for the
outstanding entitlement.
Duties and responsibilities:
As set out in the job description. The employer may require you to carry out other reasonable
duties as required.
Lateness & Persistent Absence:
If you are going to be more than 10 minutes late you are required to contact the employer as
soon as possible but at the very latest 30 minutes before you are due to start work
Where attendance standards are not being met and there is no apparent underlying health
reason, the Disciplinary Procedures will be used.
Pensions:
When required, a contributory pension scheme to which you will be auto-enrolled into
(subject to the conditions of the scheme) will apply. Further details are available from your
employer.
Sick leave:
If you are ill and unable to attend work you should inform your employer as soon as possible* to
enable other arrangements to be made.
You may be entitled to Statutory Sick Pay (SSP) on production of an Employee’s Statement of
Sickness (form SC2) which must be completed for sick leave of more than three days or a
medical certificate for sick leave of more than seven days. These forms must be sent directly to
your employer. For SSP purposes your qualifying days are your days of work.
SSP can be paid for up to 28 weeks. If you are not eligible for SSP your employer will give you
an SSP1 form to tell you why.
Health and Safety at Work
The employer will take all reasonably practicable steps to ensure your health safety and welfare
while at work including preventing and dealing with bullying and harassing behaviour. All
employees have a legal duty to take all care needed for the safety of themselves and others
who may be affected by their activities and to co-operate with the employer in complying with
statutory requirements.
You should not do anything either intentionally or recklessly which might interfere with what is
provided in the interests of health, safety and welfare, nor should you undertake any job in any
way which might be a danger either to yourself, the employer or the employers family, or to any
member of the public.
You must not consume alcoholic drinks while you are on duty and if you do, you will be liable to
disciplinary action.
There is a No Smoking policy in your workplace.
Notice Period:
During the probationary period either party requires one week’s notice.
Up to two years of continuous employment you will be given one week’s notice.
After two years continuous service you will be given one additional week’s notice for each
completed year up to a maximum of 12 weeks’ notice.
The employer reserves the right to pay your basic salary in lieu of notice instead of requesting
that you work your notice period. In these circumstances you may not be employed by any other
person or company whilst receiving pay in lieu of notice.
The employer reserves the right to dismiss you without notice in cases of serious breach of the
terms of your employment, gross misconduct or gross negligence by you.
Confidentiality:
All information regarding the employer, the employer’s family and the employer’s domestic or
personal circumstances is strictly confidential and cannot be discussed with a third party without
the Employer’s specific permission, or in an emergency situation.
You must not remove any documents, tangible items, or property which belongs to the
employer, the employer’s family or which contain any confidential information from your place of
work at any time without proper advance authorisation.
You must return to the employer or the employer’s family, upon request and, in any event,
upon the termination of your employment, all documents and tangible items which belong
to the employer or the employers family or which contain or refer to any confidential
information and which are in your possession or under your control.
You must, if requested by the employer or the employer’s family, delete all confidential information
from any re-usable material and destroy all other documents and tangible items which contain
or refer to any confidential information and which are in your possession or under your control.
Data Protection
The employer will hold personal information about you as personnel records. The employer will
abide by the Data Protection Act 1998 and disclose this information only to the relevant third
parties e.g. HM Revenue and Customs.
Your signature on this contract shows your consent to the holding and use of such data by the
employer.
Right to Request Flexible Working
If you have worked for the employer for a minimum of 26 weeks you can request a change in:
• The hours you are required to work;
• The times you are required to work;
• Where between the home and a place of business of the employer, they are required to
work;
The employee must make the request in writing and a meeting will then be held within 28 days
of the application being made. Only one request per employee for a change in flexible working
can be made in any one 12 month period.
A decision, in writing, will then be provided to the employee 14 days after the initial meeting and
will include a right to appeal if the request is refused. If the request is agreed then it is a change
in the terms of the contract of employment and is binding. Unless initially agreed by the
employer, the employee does not have the right to return to their previous contracted hours and
days of work.
The employer can refuse a request on the following grounds:
• Burden of additional costs
• Detrimental effect on ability to meet customer demand
• Inability to re-organise work among existing staff
• Inability to recruit additional staff
• Detrimental impact on quality and performance
• Insufficiency of work during the periods the employee proposes to work; or
• Planned structural changes
The employee is entitled to appeal within 14 days after the date on which the notice of decision
was given.
An appeal meeting must be held within 14 days of the employee’s appeal, with the decision on
the appeal to be given in writing and dated within 14 days after the appeal meeting.
Trade Union
You have the right to join a trade union and to participate in its activities.
Trade Union Learning Representatives are entitled to time off to ensure that they are
adequately trained to carry out their duties.
Family Friendly Measures
It is the responsibility of female employees to notify their employer, in writing, as soon as they
know that they are pregnant in order to comply with Health and Safety legislation. The employer
will conduct a New and Expectant Mothers Risk Assessment as soon as is reasonably possible
and then at regular intervals throughout the pregnancy.
If you or your partner become pregnant and you have any questions relating to the Family
Friendly Measures, you should contact your employer.
Maternity Leave - Female employees have the following rights in accordance with current
employment legislation:
• Time off work for antenatal care.
• Statutory Maternity Pay.
• Statutory Maternity Leave.
• The right to return to work.
• Flexible Parental Leave.
• Protection against unfair treatment, discrimination or dismissal.
Paternity Leave – fathers have the following rights in accordance with the regulations in effect
from April 2015:
• One or Two weeks’ paid Statutory Paternity Leave.
• Additional Paternity Leave.
• Shared parental leave.
• Time off to accompany partner (or surrogate mother) to 2 antenatal appointments.
Parental Leave - In accordance with current employment legislation, if an employee has
completed one year's service with an employer, they are entitled to 18 weeks unpaid parental
leave for each child born or adopted. The leave can start once the child is born or placed for
adoption, or as soon as the employee has completed a year's service, whichever is later.
Employees can take it at any time up to the child's 18th birthday.
A request should be made to an employer giving 21 days’ notice of the start date of the parental
leave, the employer may ask for this to be in writing. As long as the employee qualifies for
parental leave and gives the employer the correct notice the employee should be able to take
parental leave at any time.
To take parental leave straight after the birth or adoption of a child, an employee should give
notice 21 days before the beginning of the expected week of childbirth or placement. In cases
where this may not be possible they should give notice to the employer as soon as possible. For
example, if a child is born prematurely or where less than 21 days’ notice is given that a child is
to be placed with you for adoption.
Parental leave should be taken in blocks of a week or multiples of a week, and should not be
taken as "odd" days off. Employees cannot take off more than four week during a year. A week
is based on an employees working pattern.
An employee will remain employed while on parental leave and some terms of your contract,
such as contractual notice and redundancy terms, still apply. An employee’s employment rights
are still protected during parental leave.
An employee may be eligible for shared parental leave in line with current legislation.
To provide assistance when a dependant falls ill, gives birth or is injured;
To make arrangements for the provision of care for a dependant who is ill or injured;
On the death of a dependant;
Because of the unexpected disruption of arrangements for the care of a dependant; or
To deal with an incident involving a child of the employee occurring unexpectedly while an
educational establishment is responsible for the child.
Compassionate Leave – the employer may in appropriate circumstances grant compassionate
leave at their discretion.
Grievance procedure:
If you have any grievance relating to your employment, you should proceed in accordance with
the procedures set out below:
Put the grievance in writing and send it to your employer.
You will then be invited to a meeting to discuss your grievance. This will not take place
unless you have informed your employer or the nominated person what the basis for
your grievance was when you put it in writing and if the employer or nominated person
has not had a reasonable opportunity to consider their response. You must take all
reasonable steps to attend the meeting and have the right to be accompanied.
After the meeting the employer will inform you of the decision in response to your
grievance and notify you of your right to appeal if you are not satisfied with the decision.
Disciplinary procedures:
Minor problems will be dealt with and resolved informally.
In cases of more serious problems, depending on the seriousness of the breach of terms and
conditions of contract or conduct and performances of your duties, disciplinary actions may
include the following:
Verbal and Written Warnings
A verbal warning which will be confirmed to you in writing and recorded in your personnel
file for a period of six months.
A first written warning, which will be confirmed to you in writing and recorded in you
personnel file for a period of12 months
A final warning which would be confirmed to you in writing advising that further
misconduct could lead to dismissal and recorded in your personnel file for a period of 12
months
Dismissal could result if you continue to fail to meet the standards required of you. You
will be provided with written reasons for dismissal which will also inform you of your right
to appeal.
Disciplinary Meetings & Hearings
Step 1: Statement of grounds for action and invitation to meeting
The employer will set out in writing your alleged conduct or characteristics or other
circumstances which lead them to contemplate dismissing or taking disciplinary action
against you. You will receive a copy of the statement and invite you to attend a meeting to
discuss the matter.
Step 2: Meeting
The meeting must not take place unless you have been informed what the basis was for
including it in the statement (referred to at Step 1) and the ground or grounds given in it,
and you have had a reasonable opportunity to consider your response to that
information
You must take all reasonable steps to attend the meeting and have the right to be
accompanied. After the meeting the employer will inform you of the decision and notify
you of your right to appeal against the decision if you are not satisfied with it.
Step 3: Appeal
If you wish to appeal you must write to your employer stating why you wish to appeal.
You will then be invited to another meeting to discuss your appeal as soon as possible and
is possible it should be dealt with by someone who hasn’t already been involved with your
disciplinary action.
You must take all reasonable steps to attend the meeting and you have the right to be
accompanied at the meeting.
Your employer will write to you after the appeal meeting to inform you of their final
decision.
Gross Misconduct:
In case of gross misconduct there will be no period of notice given. If you are in your
probationary period or first year of employment, only one warning is required before dismissal.
The following is a non-exhaustive list of examples which are normally regarded as gross
misconduct:
Theft, fraud, deliberate falsification of records
Fighting, assault on another person
Deliberate damage to the employers or employers family property
Serious incapacity through alcohol or being under the influence of illegal drugs
Serious negligence which causes unacceptable loss, damage or injury
Refusal to carry out duties or reasonable instructions
Wilful or reckless failure to follow the employer’s safety rules.
If, following investigation and after a full disciplinary meeting, the employer is satisfied that there
has been gross misconduct, the outcome will normally be summary dismissal without notice or
payment in lieu of notice.
Personal Details
At the commencement of your employment you will have provided us with various personal
details. You must notify the employer immediately of any change to your personal details, for
example name, address or telephone number.
It is in your interest to notify the employer of any such changes. The employer will not be held
responsible for any issues arising out of your failure to notify changes in your personal details.
Changes in your Terms of Employment
You will be notified of minor changes of detail by way of a general notice and any such
changes take effect from the date of the notice.
You will normally be given notice of any such change in line with statutory notice periods which
may be given by way of an individual notice. Such changes will be deemed to be accepted
unless you notify the employer of any objection writing before the expiry of the notice period.
I agree to the terms and conditions of this contract of employment and understand that any
breach of these conditions may result in the termination of my employment.
Signed (Employee) _______________________________ Date : 04/11/2024
Signed (Employer) _______________________________ Date : 04/11/2024