What to include in your carer’s employment contract?
From maternity leave to sick pay and holiday entitlement, your carer’s employment contract should cover all eventualities.
Some of the most commonly asked questions we get from clients are around unplanned scenarios, for example, what to do when your carer is sick, or books holiday leave that doesn’t align with your own holiday plans…
The employment contract you issue your carer should prepare you for these scenarios, with clear positions laid out for both parties on hings like holidays, sick pay and maternity leave.
Every family is different and so the employment contract between you and your carer should be bespoke to your caring arrangement. At Carer Payroll, we can provide you with a tailored employment contract between you and your carer which covers all eventualities.
The basics
You are legally obliged to provide your carer with a written statement of terms of employment within five days of them starting to work for you. This should include the core terms of employment, including name and address of employer, job role, normal place of work, start date, rate of pay, contract duration, working hours and details of probationary period.
You then have 1 month to issue any remaining terms of the contract of employment, which sets out the rights and responsibilities of both you and your carer. This should be a written statement with more specific details for example: pay intervals (weekly, monthly etc); annual leave and public holiday entitlement, sick pay, pension , notice periods etc.
Other contract details
As an employer, you must sign and date the contract and keep a copy throughout your carer’s employment and for at least a year after it ends.
You must also provide written details of grievance and disciplinary procedures, and dismissal procedures.
Within the contract, you can allow for a probation period for up to six months – if you need to dismiss your carer during this period the Unfair Dismissals Act will not apply (unless under protected matters such as maternity and pregnancy-related matters, for example). - provided your contract expressly allows for dismissal for poor performance during probation.
Note: You can expose yourself to a wrongful dismissal claim if your contract does not include the terms of your employment.
Changing an employment contract
Any changes to employment law automatically change the terms of your contract, so it’s important to keep up-to-date – the Carer Payroll team can advise when and how any changes might impact your current contract with your carer.
You can’t make any other changes to your carer’s contract without your carer’s consent.
Staying on the right side of employment law
Employment legislation overrides any agreement between you and your carer, so you should be aware of your obligations as an employer before drafting a contract.
If you fail to provide your carer with written details of their terms of employment, they can make a complaint to the Workplace Relations Commission (WRC).
Contact us
If you want help with your carer’s contract, our team are here to help. We can provide a bespoke employment contract tailored to your needs and circumstances.