Carebase Clinical Lead Contract of Employment: "Bridge House Care Home"
Carebase Clinical Lead Contract of Employment: "Bridge House Care Home"
This contract of employment sets out the details of the terms and conditions of your employment and
incorporates the requirements under section 1 of the Employment Rights Act 1996. Further details
about your employment can be found in the Employee Handbook, a copy of which is available from
HR. For the avoidance of doubt, if there is a conflict between the terms of this contract of employment
and the Employee Handbook, this contract of employment takes precedence.
1. Parties
1.1 Employee: Neha Bharti of 4 Overmead, Abingdon, OX14 5NB
1.2 Employer: “Bridge House Care Home” whose registered office is at 167 Fleet Street, London,
EC41 2EA (“the Company”)
2. Commencement of Employment
2.1 For the purposes of continuous employment, your employment commenced on 29TH April
2024 Your employment under this contract commenced on 29th April 2024
2.2 No employment with any previous employer counts as part of your period of continuous
employment with the Company.
2.3 By entering into this contract, you warrant that you are entitled to work in the United Kingdom
without any additional approvals and you undertake that you shall immediately notify the
Company if you cease to be so entitled during the course of your employment. The Company
may terminate your employment if you cease to have the right to work in the United Kingdom.
3. Probationary Period
3.1 The first six months of your employment will be probationary. During this probationary
period, your employment may be terminated on not less than one months’ notice given in
writing by the Company at any time during or at the end of the period. The Company reserves
the right to terminate your employment during this period without reference to its disciplinary
procedure.
3.2 Your performance and suitability for continued employment will be reviewed throughout the
probationary period and if necessary, the probationary period may be extended. If the
Company shall fail to notify you in writing that you have successfully completed your
probationary period, it will be treated as having been extended.
4. Duties
4.1 You shall serve the Company as a Clinical Lead. You shall normally be required to undertake
duties commensurate with this role. However, the Company reserves the right to require you
to perform such duties as it considers reasonably necessary for the proper fulfilment of its
business.
4.2 You shall devote such time and attention to your duties as shall be necessary for the efficient
and proper performance of your employment and shall at all times conform to the reasonable
directions of the Company.
1
4.3 You shall promptly report to your Home Manager or the Business Manager any matters in
connection with the running of the home to which you are assigned (the "Home"), or the
affairs of any resident at any of the Company's homes, which the Company may be reasonably
required to know. Further, you agree that you shall be under a duty to report any aspects of
your own conduct or any wrongdoing or any wrongdoing or proposed wrongdoing of any
other employee of the Company to your Home Manager or the Business Manager
immediately on becoming aware of it.
4.4 You shall familiarise yourself with the terms of the Employee Handbook including the policies,
procedures and rules on conduct contained in it as well as all other policies, procedures and
rules on conduct issued by the Company from time to time.
4.5 You confirm and acknowledge that it is a requirement of your duties as Clinical Lead to
undertake such training and development activities which are relevant to your role as may be
reasonably required by the Company from time to time. You therefore agree to attend such
training courses and events as may be reasonably required by the Company, both inside and
outside of your normal working hours.
5. Place of Work
Your place of work is Bridge House Care Home, Thames View, Abingdon OX14 3UJ However,
the Company reserves the right to require you to work at such of its other locations within the
United Kingdom as it shall require in accordance with the needs of the business, including the
undertaking of work on behalf of any other company in the Group ("Group" shall mean the
Company together with any holding company of the Company, any subsidiary of the Company,
or any subsidiary of the holding company). You shall not be required to work outside of the
United Kingdom for a period of greater than one month.
6. Hours of Work
6.1 Your normal working hours will be 40 hours per week which includes unpaid breaks as set out
within the employee handbook dependent the hours of you shift. You may be required to
work such additional hours as may be necessary for the proper performance of your duties
without extra remuneration.
6.2 You hereby agree that the 48-hour limit under the Working Time Regulations 1998 will not
apply to you. However, you have the right to opt into the Regulations upon giving the
Company three month’s written notice.
7. Remuneration
7.1 You shall be paid an initial salary of £60,000 per annum which shall be payable monthly in
arrears by credit transfer to your bank/building society account on the 10th day of each
month, unless that day falls on a bank holiday or other public holiday in which case payment
will be made on the next working day.
7.2 Your salary shall be reviewed by the Company annually (except where notice has been served
by either party to terminate this agreement). The Company is under no obligation to award
an increase following a salary review.
7.3 Should you leave us at any point during your probationary period we will make a deduction
from your final salary of £50 to cover the cost of your initial recruitment this covers Disclosure
and Barring Services (DBS) application, uniform (if applicable) and Coolcare key fob (if not
returned).
2
8. Expenses
If you incur travelling expenses (other than travel to and from work), or other expenses in the
course of carrying out your duties, then such reasonable expenses will be reimbursed by the
Company on production of appropriate receipts.
9. Holidays
9.1 The holiday year runs from 1 January to 31 December.
9.2 You are entitled to 28 working days annual holiday (inclusive of bank and public holidays) with
basic pay, in respect of each calendar year worked.
9.3 If your employment begins during the course of the holiday year you are entitled to one-
twelfth of your holiday with pay entitlement for each full calendar month of employment
completed prior to the end of the holiday year.
9.4 All holidays must be taken at times convenient to the Company. You must normally give at
least 4 weeks’ notice of proposed holiday dates and these must then be authorised by your
Home Manager or the Business Manager. The Company may accept shorter notice of
proposed holiday dates at its discretion.
9.5 You shall not be entitled to receive any payment in relation to holiday pay which has accrued
during the holiday year but which has not been taken before the end of the holiday year.
9.6 You shall not be entitled to carry forward into the next holiday year any holiday with pay which
has accrued but which has not been taken before the end of the holiday year.
9.7 If your employment with the Company terminates (otherwise than for gross misconduct)
during the holiday year, the Company may either require you to take any unused and accrued
holiday entitlement during any notice period by giving you at least one day's notice (but such
holiday entitlement will be deemed to be taken during any period of Garden Leave) or make
a payment representing the holiday with pay accrued to the date of termination less an
amount in respect of holiday already taken. Should you have taken more holiday with pay
than the accrued entitlement at the date of termination, a sum in respect of the excess taken
over the amount accrued shall be deducted from any monies due to you by the Company. The
accrual of holiday shall be calculated on the basis of one-twelfth of your holiday with pay
entitlement for each completed calendar month worked to the date your employment
terminates. If the Company terminates your employment for any of the reasons in clause 16
or if you resign in breach of clause 15.1, your entitlement to payment representing accrued
but untaken holiday will be based on the minimum holiday entitlement under the Working
Time Regulations 1998 only.
9.8 During any continuous period of absence due to any sickness or injury which prevents you
from carrying out your duties (of one month or more) you shall not accrue holidays under this
contract and your entitlement under clause 9.2 for the holiday year in which such absence
takes place shall be reduced pro rata save that it shall not fall below your entitlement under
the Working Time Regulations 1998.
3
10.1 In order to preserve your right to claim sick pay you must comply with the following
procedure:-
10.1.1 notify your immediate line manager by speaking to them yourself by
telephone within 1 hour of your normal start time on the first working day of
absence of the reason for your non-attendance at work, and thereafter on
each subsequent day of absence (or as directed by the Company);
10.1.2 when you return to work after a period of absence you must complete a self-
certification sickness form which must then be signed by your manager;
10.1.3 when your absence is for 7 calendar days or more you must on the 8th
calendar day provide a doctor’s certificate and thereafter at the beginning of
each week of absence;
10.2 Subject to compliance with the above conditions you will, if entitled, receive statutory sick pay
in accordance with statutory sick pay regulations (as varied or replaced). Your qualifying days
for statutory sick pay purposes are Monday to Friday each week.
10.3 You agree to consent to any medical examinations (at the expense of the Company) in
respect of any doctor nominated by the Company, should the Company so require and agree
that the Company may have access to any report produced by such doctor for the purposes
of understanding the nature and effect of any sickness or illness and for the purposes of
rehabilitating you back into the workplace as appropriate. Further, you will provide
reasonable assistance should the Company require to contact your GP for a report.
10.4 If you are away from work due to illness or injury for a consecutive period of 2 months the
Company may (without prejudice to the provisions of clause 16.1.11) appoint another
person or persons to perform your duties.
11. Pension
11.1 The Company operates a stakeholder pension scheme which you will be able to join
provided that you satisfy the rules of the scheme upon successful completion of your
probationary period and subject to the rules of such scheme. Full details of the scheme
are available from the H.R. Manager.
12. Confidentiality
12.1 During the course of your employment with the Company you will, by virtue of your
position, be privy to Confidential Information both in respect of the Company, any
company in the Group and its residents. You will not make use of, divulge or communicate
to any person (except in the proper performance of your duties in the course of your
employment) any such Confidential Information which you may have received or
obtained whilst in the service of the Company. "Confidential Information" means all and
any information, in whatever form, of or relating to the Company or any member of the
Group which you (or, where the context so requires, another person) have obtained by
virtue of your employment and which the Company or any member of the Group regards
as confidential, including (but not limited to) information (whether or not recorded in
documentary form, or stored on any magnetic or optical disk or memory) relating to the
business affairs or trade secrets of the Company or Group (including fee rates and
4
management accounts), information stored on any Company or Group database, personal
information relating to employees and residents or former residents of the Company's
homes or any member of their families, details of the Company's prices and pricing
structures, details of the Company's suppliers, Company contracts, financial and
marketing details, business plans, critical success factors, conference materials,
managers' guidance, training materials and any technical data.
12.2 You shall not under any circumstances either during your appointment or at any time after
its termination (howsoever arising), use the Confidential Information within your
possession for your own personal gain or the benefit of any third party.
12.3 You shall during your employment under this Agreement use your best endeavours to
prevent the unauthorised use or disclosure of any Confidential Information by any other
officer, employee or agent of the Company and you shall be under an obligation promptly
and fully to report to the board of directors of the Company any such unauthorised use
or disclosure which comes to your knowledge.
12.4 You shall not publish, cause, assist of knowingly permit to be published in any media
whatsoever any article or comment relating to your employment with the Company,
without the prior written consent of the Company. In the event that you are requested
to deal with the media (including any newspaper reporter or television reporter) you will
first seek the permission of the Company. You are not authorised to make any press
release or statement on behalf of the Company, in the absence of written consent of a
director of the Company.
12.5 The restrictions set out in this clause will continue to apply after the termination of your
employment without limit in point of time but shall cease to apply to information or
knowledge which may come into the public domain otherwise than through your default
or the default of another employee of the Company or which shall have been received by
you from a third party (not being an employee of the Company) entitled to disclose the
same to you.
12.6 The restrictions contained within this clause shall not apply to:
a) any use or disclosure authorised by the Company or required by law or by your
appointment; or
b) any information which is already in, or comes into, the public domain other than
through your unauthorised disclosure; or
c) prevent you from making a protected disclosure within the meaning of section 43A
of the Employment Rights Act 1996.
6
14.2.3 Being engaged or concerned in any business concern, provided that your duties
or work shall relate solely to services or activities of a kind with which you were
not concerned to a material extent in the six-month period prior to
termination.
14.3 The periods for which the restrictions in this clause apply shall be reduced by any period
that you spend on Garden Leave (as defined in clause 15.6.2) immediately prior to
termination.
14.4 If you receive an offer to be involved in a business concern in any capacity during your
employment, or prior to the expiry of covenants in this clause 14, you shall give the person
making the offer a copy of this clause 14 and shall inform the Company the identity of that
person as soon as possible after accepting the offer.
14.5 Each of the covenants in this clause 14 (on which you have had the opportunity to take
independent legal advice) is intended to be separate and severable and while they are
agreed by the parties to be reasonable in all the circumstances, it is agreed that if any of
the restrictions shall be held to go beyond what is reasonable in all the circumstances for
the protection of the legitimate interests of Company or any member of the Group but
would be valid if any particular restriction(s) were deleted or some part of their wording
was deleted, restricted or limited then such restriction(s) shall apply with such deletions,
restrictions or limitations as the case may be.
14.6 Each of the covenants in this clause 14 supersedes any and all of the restrictive
covenants contained in the Employee Handbook and/ or any previous contract of
employment.
15.2 Notwithstanding clause 15.1, the Company may (in its sole and absolute discretion) terminate
your employment at any time and with immediate effect by giving you notice that it is
exercising its right to do so under this clause and that it will make you a payment in lieu of
notice equal to your salary only which you would have been entitled to receive during the
notice period (or remainder of the notice period) referred to in clause 15.1, less income tax
and national insurance contributions.
15.3 The Company may elect to pay the payment in lieu of notice in equal monthly instalments
during what would otherwise have been the notice period referred to in clause 15.1. You are
obliged to seek alternative income during this period and to immediately notify the Employer
of any such income received. The installment payments will then be reduced by the amount
of such income.
15.4 You will have no right to receive a payment in lieu of notice unless the Company has exercised
its discretion in clause 15.2 above. Nothing in this clause 15 shall prevent the Company from
terminating your employment and electing not to make you any payment in lieu of notice.
15.5 Notwithstanding Clause 15.2, you will not be entitled to any payment in lieu of notice if the
Company would otherwise have been entitled to terminate your employment without notice
7
in accordance with clause 16. In that case the Company will also be entitled to recover from
you any payment in lieu (or instalments thereof) already made.
15.6.2 Require you to take “Garden Leave”, that is to require you to refrain from
attending or entering the Home or any premises of the Company and refrain
from contacting Company employees, residents or other business contacts of
the Company, except such person(s) as the Company shall designate). In this
event the Company shall continue to pay you in accordance with the terms of
this Contract but shall not be obliged to provide work for you to undertake. You
shall remain bound by all the terms of this Contract during Garden Leave and
you must remain available for normal contact during working hours. During
Garden Leave, you are required to take any accrued but unused holiday
entitlement. If you fail to nominate any time for holiday during the Garden
Leave period, you shall take any outstanding holiday in the period immediately
prior to the date on which your employment terminates. The provisions of this
clause 15.6.2 supersede any provisions on Garden Leave contained in the
Employee Handbook and/or any previous contract of employment.
17.1.1 immediately deliver to the Company all items of Company or Group property
including any keys, entry cards, fobs, mobile telephones, laptop computers,
training records, or documents and other records (whether on paper,
computer disc or in any other form (electronic or otherwise) and including
correspondence, notes, memoranda, plans, drawings and other documents
and records of whatsoever nature and all copies thereof) made or compiled
or acquired by you during your employment and concerning the business,
finances or affairs of the Company or any resident or prospective resident.
17.1.2 irretrievably delete any information relating to the business of the Company
or Group stored on any magnetic or optical disk or memory and all matter
derived from such sources which is in your possession or under your control
outside the Company's premises;
17.1.3 if requested by the Company, provide a signed statement that you have
complied fully with your obligations under clauses 17.1.1 and 17.1.2; and
17.1.4 provide the Company with reasonable assistance regarding matters of which
you have knowledge and/or experience in any proceedings in which the
Company is or may be a party including any regulatory matter.
18. Searches
The Company is entitled at any time to carry out a search of any vehicle, bag or other container
in your possession provided that such a search will be conducted in your presence and that
you have the right if you so wish to have a colleague present as a witness.
19. Deductions
The Company reserves the right in its absolute discretion to deduct from your pay or final
payment or by any method acceptable to the Company, any sums which you may owe to the
Company or Group at any time, including, without limitation, any overpayments or loans
made to you by the Company or losses suffered by the Company as a result of your negligence,
dishonesty, carelessness, recklessness or breach of Company rules.
21.2 You must in addition comply with the provisions of the National Minimum Standards for Care
Homes, the requirements of the Care Quality Commission (CQC) in force in relation to the
work you are employed to do, together with such professional standards as are laid down
from time to time by the Nursing & Midwifery Council (NMC). You must also observe any
instruction given to you in the course of your employment and the rules and procedures as
laid down by the Company and notified to you from time to time.
21.3 If you are accused of misconduct or breach of discipline, you will be dealt with in accordance
with the Company’s disciplinary procedure a copy of which appears in the Employee
Handbook which you will have already received. A further copy is available from the H.R.
Manager).
24 Data Protection
For the purposes of the Data Protection Act 2018 (as amended), you hereby acknowledge
and confirm that the Company reasonably requires to hold and process personal data
relating to you, including the holding of details in order to facilitate payroll, your
recruitment to the Company, personnel matters, administrative matters, legal matters
and matters to enable the Company to comply with its statutory and other obligations.
You hereby give your consent to the holding, processing and accessing of personal data,
by the Company in respect of these purposes.
25 Email/Internet Use
Your attention is drawn to the Company’s Email/Internet use policy contained in the
Employee Handbook. You hereby provide your consent for the Company to monitor your
use of the Company’s email/internet systems for the purposes of detecting misuse, and
ensuring that the Company is complying with legal and business obligations to which it is
subject.
26 Database
26.1 Information collated by the Company is stored on the Company's database. The database
is the product of a significant investment in time, money and expertise. Relevant
information on clients, suppliers, residents and other business contacts that you bring to
the business or acquire during your employment will also be input into the database. The
data stored on the database is proprietary business information, some or all of which is
also confidential, belonging to the Company in which the Company has a legitimate
business interest and which it is entitled to protect. The Company's rights in the contents
10
of the database and the database itself are protected by copyright, contract, common law
and the Copyright and Rights in Databases Regulations 1997.
26.2 The contents of this database may not be used for any purpose other than for the
Company's proper business. You are prohibited from making a copy of the database either
in hard or soft copy form or to transfer any part of the database onto any other electronic
media (for the avoidance of doubt, under no circumstances should you transfer any part
of the database onto any social networking system without the Company's express
written permission). No part of the database should be removed from the Company's
premises either in hard or soft copy form without the express written permission of your
manager. Any breach of these prohibitions or any other form of misuse may result in
disciplinary action up to and including dismissal. If you need to remove any details from
the database for use outside the Company's premises (save for names and a contact
telephone number for a specific and legitimate business purpose), this should be
approved by your manager. If you have any queries in relation to the use of the database
you should direct these to your manager.
26.3 At the end of your employment if for any reason whatsoever you have any copies or
extracts of the database in either hard copy or soft copy form these should be returned
to the Company, along with all other confidential information (or deleted if in electronic
form) and no copies shall be made or kept.
26.4 If you have reason to believe that any other employee has breached this policy you must
report it to a senior manager. Failure to report a suspected breach may result in
disciplinary action against you.
28 Training
28.1 You are required to complete all mandatory care training and renew these as required.
We will pay for the cost of this training.
I acknowledge and agree that these are the terms and conditions of my employment as at the
date of this Statement and acknowledge receipt of a copy of it.
11