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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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For the Attention of Ben As stated previously, I have put

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For the Attention of Ben Jones
Hi As stated previously, I have put together a an agreement based on a template from the UK Care agencies association to cover for arrangement for live in care workers who undertake unmeasured hours. Can you please cast a quick eye on this and let me know there should be any changes.AVERAGE AGREEMENT
DAILYTHIS AGREEMENT is made on [INSERT DATE]BETWEEN:1. PREMIER CAREWAITING LTD [whose registered office is at 506 OLYMPIC HOUSE, 28 – 42 OLYMPIC HOUSE (company registration number(###) ###-####('the Business'); and1. DANIEL NII LARTEY of 3 Atwater Close, SW2 2PG, London. ('the Worker').BACKGROUND2. The Worker is engaged by the Business under the Worker's Contract.2. Under the Worker's Contract, the Worker carries out work that is unmeasured work for the purposes of the National Minimum Wage Regulations 2015. This Agreement is a daily average agreement as contemplated by Regulations 49 and 50 of the National Minimum Wage Regulations 2015.1. The Worker and the Business agree that Average Daily Hours approximate to Realistic Average Daily Hours.
NOW IT IS AGREED as follows:1. Definitions1. 'Actual Availability Commitment' means the number of hours per day that the Worker is actually available to carry out duties if the work is needed or if work is available under the Worker's Contract;2. 'Actual Daily Hours' means the actual number of hours per day that the Worker spends in carrying out duties under the Worker's Contract if the work is needed or if work is available;3. 'Average Daily Hours' has the meaning assigned by clause 2 (as changed from time to time in accordance with this Agreement);4. 'Full Availability Commitment' means [NUMBER] hours per day, being the number of hours per day that the Worker's Contract contemplates the Worker will be available to carry out the duties if the work is needed or if work is available (or such other number of hours per day as the parties may agree from time to time);5. 'Pay Reference Period' means [WEEKLY];6. 'Realistic Average Daily Hours' means the average number of hours per day that the Worker is likely to spend in carrying out duties required under the Worker's Contract on days when the Worker is available for the Full Availability Commitment;7. 'Worker's Contract' means the contract between the Worker and Business dated [DATE OF CONTRACT].2. Average Daily Hours
1. Unless changed as set out in clause 6, the Average Daily Hours shall be [NUMBER] hours per day.3. Record of Actual Daily Hours and Actual Availability Commitment
1. The Worker will make a record on a record form of:1. Actual Daily Hours worked by him on each day; and2. Actual Availability Commitment on any day that Actual Availability Commitment is less than the Full Availability Commitment.2. The Worker will supply the Business with the record form as soon as reasonably practicable after the end of each Pay Reference Period.4. Periodic review1. The parties shall from time to time review the Average Daily Hours (as changed under this clause) with a view to determining whether or not in practice that number of hours approximates to the Realistic Average Daily Hours.2. If, in the opinion of the Business, the Realistic Average Daily Hours approximates to a number of hours which is larger or smaller than the Average Daily Hours, the Business may by giving written notice to the Worker change the number of hours in clause 2 and the Realistic Average Daily Hours shall be substituted for (and for the time being treated as) the Average Daily Hours.5. Termination of Agreement1. The Business may end this Agreement by giving notice at any time to the Worker which shall have effect at the end of the current Pay Reference Period.6. Effect on Worker's contract1. The parties agree that clauses 1.4, 3 and 4 of this Agreement shall be treated as terms of the Worker's Contract.SIGNED BY DANIEL NII LARTEY ……………………………………SIGNED FOR ON BEHALF OF COMPANY ……………………………………
The Record Form is as follows:
Name of Worker....................................
Pay Reference Period from [DATE] to [DATE].
Day Actual Daily Hours Actual Availability
Commitment (if less than the Full Availability Commitment)

Hi there,

Please check the numbering of the paragraphs in the contract as they do not make sense.

Whilst this contract deals with the work volume for unmeasured work there is not much else in it that covers usual employment contract matters, like place of work, actual pay, etc

The termination clause should specify what notice period they are due on termination and ensure that it matches the minimum statutory notice entitlement (i.e. 1 week for1-2 years service, 2 weeks for 2 years or more, 3 weeks for 3 years or more etc)

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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