CONTRACT OF EMPLOYMENT

ROLE TITLE SUPPORT WORKER

This agreement sets out details of your employment with The YOU Trust Limited which we
are required to provide to you under Part 1 of the Employment Rights Act 1996. This
document forms the terms and conditions of your contract of employment.

THE PARTIES

The YOU Trust Limited whose registered office is South Wing, Admiral House, 43 High Street,
Fareham Hampshire PO16 7BQ (“us”, “we”, the “Trust”); and Ms Aileen John, 17 Spinnaker
Drive, Portsmouth, Hampshire, PO2 9NS (the “Employee”)
1. COMMENCEMENT OF EMPLOYMENT

1.1 The Employee commenced employment with us on 23/08/2021. This is the date that
the Employee’s period of continuous employment commenced and is not specific to
the role undertaken. Any employment with a previous employer does not count as
part of the Employee’s continuous employment with us, unless TUPE regulations are
applicable.

2. DATE OF CONTRACT

2.1 The terms of this contract commence on 1 April 2023.

3. DUTIES

3.1 The Employee is employed as a Support Worker and will report to the Service Manager
who will be the Employee’s Accountable Manager.

3.2 The Employee’s duties are detailed in the Role Profile. The precise description and
nature of the Employee’s job may be varied from time to time and the Employee may
be required to carry out other duties as necessary to meet business needs, This may
include secondments to other services and opportunities to act up at a higher level
than the Employee’s usual job. Full consultation will take place with the Employee
before any changes to the Employee’s role or duties are made.

4 HOURS OF WORK

4.1 The Employee’s basic hours of work are 35 hours per week (over seven days Monday
– Sunday), to be worked flexibly according to the needs of the Trust.

4.2 Where the Employee’s role entails shift work, we will advise the Employee of the days
they are required to work and the daily starting and finishing times as soon as is
reasonably practicable, which will vary according to the shift that the Employee is
working. We reserve the right to vary these hours, shift patterns (including but not
limited to the length and number of shifts) and the Employee’s start and finish times
according to Trust needs.

4.3 We reserve the right to require the Employee to temporarily or permanently work
different hours from those stated in paragraph 4.1. We will consult with the Employee
prior to making any permanent or temporary variation to their hours of work.

4.4 The Employee may be required to work additional hours, including sleep in or waking
night duties, either when requested to do so by us or for the proper performance of
their duties. Subject to prior authorisation from the Employee’s Accountable
Manager, the Employee will be entitled to be paid extra remuneration for any such
additional hours worked in excess of their basic weekly hours. Employees should refer
to their Accountable Manager for further details.

CONTRACT OF EMPLOYMENT 1
4.5 The Employee will be permitted to take time off in lieu of additional hours worked
where there is no arrangement for remuneration.

4.6 During any emergency, adverse weather conditions, incident or event, including but
not limited to a flu, or similar, pandemic or epidemic (“Emergency”), the Employee
may be asked to work flexibly during the course of their duties to ensure that the Trust
is able to continue to provide the required level of protection and support to service
users. The Employee shall if requested work additional hours, alternative shift
patterns and undertake duties outside their normal role profile for the duration of any
Emergency. We shall take into account the Employee’s domestic circumstances and
situation when making such a request.

4.7 The Working Time Regulations 1998 impose an obligation on employers to ensure that
employees do not work more than an average of 48 hours per week. By signing this
contract, the Employee will opt out of that provision and the 48-hour limit will not be
applicable to the Employee’s employment. The Employee may terminate this opt out
at any time by giving not less than three months’ notice to their Accountable Manager.
In accordance with these regulations also, a ½ hour unpaid break should be taken
within every working shift.

4.8 For the purposes of this clause “Meetings” includes time tabled meetings and other
formal meetings including trustees’ meetings, committees of trustees and board
meetings. Attendance at Meetings is required as part of the contractual conditions of
service. This may be in addition to normal hours of work for employees who work at
manager level and above. The Employee will be permitted to take time off in lieu in
respect of any time spent in Meetings over and above their normal hours of work.

5 PLACE OF WORK

5.1 The Employee’s principal place of work will be Portsmouth Supported Living within
the Care & Support Family. However, the Employee may be required to work at any
other premises in the trust area of work, either temporarily or permanently, as
notified from time to time. This would not commence until full consultation had been
carried out with you taking into account your travel to work arrangements and
domestic circumstances.

5.2 The Employee will not be required to work outside of the UK for any continuous period
of more than one month during the term of their employment.

6 TRAVEL

6.1 The Employee may be required to use their private vehicle for work purposes. If the
Employee is required to do so, the Employee is responsible for ensuring that adequate
insurance cover is in place covering the use of the vehicle for business purposes.

6.2 The Employee shall, if requested, provide to the People and Learning Department,
copies of all necessary documents evidencing adequate insurance cover and that the

CONTRACT OF EMPLOYMENT 2
 vehicle is fit for business use, including but not limited to, a certificate of insurance
and (where applicable) a valid MOT certificate.

6.3 It is the Employee’s responsibility to ensure that their private vehicle is legal and that
their level of insurance cover is correct. The Employee will be asked to sign a
declaration that they have fulfilled their responsibilities as part of the mileage claim
form.

7 EXCLUSIVE SERVICE

7.1 The Employee is required to devote the whole of their time, attention and abilities
during their hours of work to their duties with the Trust and may not undertake any
other work during this time.

7.2 During employment with the Trust the Employee will not be employed by, engaged,
concerned or have a financial interest in any capacity in any other employer or
involved in any other business, whether directly or indirectly, paid or unpaid without
the consent of the Employee’s Accountable Manager. Such consent will only be
withheld where we reasonably consider that outside interests will unreasonably
interfere with the Employee’s employment with us or result in a conflict of interest.

7.3 In order for the Employee to comply with regulatory reporting requirements, the
Employee agrees to disclose to us any matters relating to their spouse or civil partner
(or anyone living as such), children or parents which may, in the reasonable opinion
of The Trust, be considered to interfere, conflict or compete with the proper
performance of the Employee’s obligations under this agreement.

8 REMUNERATION

8.1 The Employee’s basic salary is £18,964.4 per year and shall accrue from day to day at
a rate of 1/260 of their annual salary. This daily rate shall be used if we have to
calculate day’s pay, for example if the Employee takes any unpaid leave, which is not
subject to any specific method of calculation set out elsewhere in this contract. The
Employee’s salary shall be payable in equal monthly instalments in arrears, normally
on the last working day of each calendar month directly into the Employee’s bank or
building society account. We will review the basic salary annually, but the Employee
will have no entitlement to a salary increase in any year.

8.2 Where additional hours have been approved and worked by the Employee within their
usual place of work and which are in excess of the full time standard hours (37.5)
remuneration will be paid in arrears at their basic salary rate. Approved additional
hours carried out by the Employee outside of their usual work/cluster will be paid at
the rate applicable to that role.

8.3 The Employee authorises The Trust to deduct from their remuneration any sums due
from the Employee to us during their employment or in any event on its termination,
including but not limited to any overpayment of salary or sick pay, holiday taken in

CONTRACT OF EMPLOYMENT 3
 excess of that accrued during the holiday year, loans, advances, relocation expenses,
training costs, the cost of repairing any damage or loss to our property caused by you
(and of recovering the same), in respect of any property belonging to the Trust not
returned to us, including but not limited to laptops, desktops, monitors, printers,
tablets, keys, fobs, and mobile phones, as well as any other sums owed by the
Employee to us. No deduction will be made without notification and agreement with
you.

8.4 If the Employee is prevented from attending employment as a result of Police bail
conditions, or because of an order or direction given by a Court or relevant regulatory
body, then the duration of any such period will be without pay.

9 BENEFITS

9.1 The Employee may be provided with the following benefits during their
employment, subject to any rules applicable to the relevant benefit:

a) Buying and selling of annual leave scheme

b) Paid emergency dependent leave (see also clause 23)

c) Paid Fertility treatment leave (see also clause 23)

d) Paid study leave (see also clause 23)

e) Paid compassionate leave (see also clause 23)

f) Access to discount shopping and leisure platform

g) Access to discounted bus travel with First group

h) Cycle to Work scheme

i) Free tea/coffee

j) Equipment needed to carry out role e.g. mobile phone (subject to approval of

The YOU Trust)

9.2 Further details of these benefits are available in our Staff Handbook. We may replace
or withdraw such benefits, or amend the terms of such benefits, at any time on
reasonable notice to the Employee.

CONTRACT OF EMPLOYMENT 4
10 TRAINING

10.1 During your employment you will be required to take part in various training courses
via My Learning Cloud. Specific details of what courses might be available will be
provided to you as they arise. If you would like to undertake any specific training,
please speak to the Learning and Development Team or your line manager.

10.2 The Trust may undertake to pay for external training courses which are of direct
benefit to the Employee and the Trust. The Employee agrees that if the Trust
provides such funding and the Employee’s employment terminates for whatever
reason while the course is on-going, or in a specified period of time after completion,
that the Employee will refund the Trust in accordance with The YOU Qualification
Policy and learning agreement.

10.3 You agree to the Company deducting the sums under this clause from your final salary
or any outstanding payments that might be due to you at the termination of your
employment.

11 PENSIONS

11.1 The Employee will be automatically enrolled into the trust pensions scheme from the
first day of employment should they meet the eligibility criteria, or from the first day
they meet the eligibility criteria. The Employee can choose to opt out of the scheme if
they wish. The Government requires all employees to be reassessed three years after
the introduction of auto-enrolment (1 January 2014) and anyone who has opted out
will be automatically enrolled back into the scheme, unless they have left the scheme
within the previous 12 months, if they meet the eligibility criteria. The Employee will
be contacted if this happens and can choose to opt out again if they wish.

12 EXPENSES

12.1 We will reimburse (or procure the reimbursement of) all reasonable expenses
(including mileage allowance) wholly, properly and necessarily incurred by the
Employee during the course of employment, subject to production of receipts or other
appropriate evidence of payment and compliance with the terms of The Trust’s
policies on expenses (as amended from time to time).

13 PROBATIONARY PERIOD

13.1 The first 6 months of employment with the organisation are probationary after which,
if the Employee’s performance has been satisfactory, their position will be confirmed
as permanent. We reserve the right to extend this probationary period where we
consider it necessary to do so. During the probationary period, the Employee’s
employment can be terminated by either party with 1 weeks’ notice in writing.

CONTRACT OF EMPLOYMENT 5
13.2 If the Employee is absent from work due to incapacity during their probationary period
for a period which exceeds one week their probationary period may be extended by
the period of the absence to allow adequate monitoring of performance.

13.3 At the end of the probationary period the Employee will be informed in writing if they
have successfully completed the probationary period. If the Employee does not
receive any written confirmation, they should assume that their probationary period
continues.

14 HOLIDAYS

14.1 The Employee will be entitled to receive a paid holiday entitlement of 22 days based
on working a 37.5-hour week in the complete holiday year. This will be applied pro
rata if the Employee works on a part time basis. For part years of service the
Employee’s entitlement will be calculated as 1/12th of the annual entitlement for each
completed month of service during that holiday year.

14.2 In addition to this the Employee will receive the following bank/public holidays: New
Year's Day; Good Friday; Easter Monday; May Day Bank Holiday Monday; Spring Bank
Holiday Monday; Late Summer Bank Holiday Monday; Christmas Day; and Boxing Day.

14.3 The holiday year runs from 1st April to 31st March.

14.4 The Employee will accrue annual holidays on the basis of 1/12th of the annual
entitlement for each month of service in the holiday year.

14.5 Payment for holidays will be at the Employees normal rate. Given the nature of the
business, it will sometimes be necessary for the Employee to work on bank/public
holidays. Where New Year’s Day (1st January), Christmas Day (25th December) or
Boxing Day (26th December) is worked, payment will be made at double time and the
Employee will be granted another day in lieu. Where other bank/public holidays are
worked, the Employee will be paid at their normal rate of pay and granted another
day in lieu. The date when the day's holiday in lieu is to be taken is to be mutually
agreed with the Employee’s Accountable Manager. For the purposes of premium
payments, the holiday will be deemed to run from midnight to midnight.

14.6 Contractual annual holiday entitlement will cease to accrue in cases where the
Employee is absent from work for a continuous period in excess of 1 month unless
they are on maternity, paternity or adoption leave where their contractual terms will
continue whilst absent. However, the Trust will ensure that the statutory minimum
holiday entitlement obligations have been met. Accrual will recommence after the
completion of 1 calendar month of working.

14.7 Generally, the Employee will only be permitted to take a maximum of 2 weeks’ holiday
at any one time.

CONTRACT OF EMPLOYMENT 6
14.8 On the commencement or termination of employment, the Employee’s entitlement
to holiday shall accrue on a pro-rata basis for each complete month of service in that
holiday year calculated by reference to their first or last day at work (as appropriate).
If, on the termination of employment, the Employee has exceeded their accrued
holiday entitlement, the excess will be deducted from any sums due. If the Employee
has any unused holiday entitlement, we may require the Employee to take such
unused holiday during any notice period.

14.9 Before making any holiday arrangements the Employee, should discuss their holiday
leave with their Accountable Manager and exact holiday dates must be authorised by
us in accordance with any holiday request procedure in place from time to time. Whilst
every effort will be made to accommodate the Employee’s wishes, the staffing needs
of the business must take precedence, it may not therefore always be possible to
authorise holidays on the dates requested.

14.10 The Employee will not be entitled to receive payment in lieu of holiday which is not
taken except where the Employee’s employment ends when the Employee shall be
entitled to be paid in respect of accrued holiday entitlement up to the date of
termination only. The amount of payment in lieu will be calculated as set out in our
annual leave memo.

14.11 All holidays accrued must be taken in the current holiday year (unless the employee is
on sick leave or statutory maternity, paternity, adoption, shared parental, parental or
parental bereavement leave). The Employee may only carry any unused holiday
entitlement forward to a subsequent holiday year with the consent of their
Accountable Manager.

14.12 The Employee shall be entitled to take up their full statutory holiday entitlement
during any period of extended sickness absence of more than one month at such time
as may be agreed with their Accountable Manager.

14.13 Should the Employee fall sick prior to or during pre-booked annual holidays there is
no entitlement to take those holidays on another occasion unless the Sickness
Notification Procedure has been followed and a Statement of Fitness for Work is
provided.

14.14 Where termination of your employment is due to gross misconduct or where the full
contractual notice period is not served and worked, unused holiday pay will not be
paid, apart from any payment required to meet the statutory minimum holiday
obligations and any paid holidays (including paid public holidays) taken shall be
deemed first to have been taken in satisfaction of that statutory entitlement.

14.15 The content of these clauses does not affect your statutory holiday entitlement under
the Working Time Regulations 1998 (as amended). Your entitlement to annual leave
and additional annual leave under the Working Time Regulations 1998 will be deemed
satisfied from the point in the holiday year when you have taken the equivalent

CONTRACT OF EMPLOYMENT 7
 number of paid days' holiday (including bank and public holidays) as is your statutory
entitlement in that holiday year.

15 SICKNESS

15.1 If the Employee is absent from work due to sickness or injury the Employee will be
entitled to sick leave and sick pay as set out below:
 During first 6 months’ service – Statutory Sick Pay (SSP) only.
 From 6 to 18 months’ service – 1 week’s full pay in a rolling 12-month period for
certificated sickness absences and then SSP.
 From 18 months to 30 months’ service – 2 weeks’ full pay in a rolling 12-month
period for certificated sickness absences and then SSP.
 After 30 months’ service – 3 weeks’ full pay in any 12-month rolling period for
certificated sickness absence and then SSP.

15.2 The qualifying days for SSP purposes are Sunday to Saturday inclusive. Occupational
Sick Pay includes SSP.

15.3 The Employee is required to follow our sickness absence reporting procedure. Further
details on this and on the provision of doctors certificates (“Statements of Fitness for
Work”) are set out in the Staff Handbook (as amended from time to time), which is
available on the Intranet.

15.4 We reserve the right to require the Employee to supply us with a medical certificate
covering any period of sickness or incapacity (whether or not that exceeds seven
consecutive days) or to complete and sign a self-certification sickness form.

15.5 We reserve the right to require the Employee, at any stage of absence, to undergo a
medical examination with The Trust’s occupation health provider and may ask to
obtain access to the Employee’s medical records, in order to assess your working
capability and/or to enable the Trust to perform its legal obligations. The Employee
agrees to co-operate fully with any such request.

15.6 We reserve the right to terminate the Employee’s employment in accordance with
clause 18 below and we shall not be liable to provide, or compensate the Employee
for the loss of sick pay benefits.

15.7 If the Employee’s absence has been caused by actionable negligence of a third party
in respect of which damages are (or may be) recoverable, the Employee must
immediately notify their Accountable Manager and use their best endeavours to
recover damages from the third party. The Employee must promptly notify their
Accountable Manager of any claim, compromise settlement or judgement made or
awarded and give to him/her all of the details required. The Employee agrees to
refund to us that part of any damages recovered relating to loss of earnings for the
period of absence as we may reasonably determine.

15.8 There is no entitlement to Occupational Sick Pay in the following circumstances:

CONTRACT OF EMPLOYMENT 8
  If the Employee is involved in current and ongoing disciplinary proceedings
under the Trust’s disciplinary rules and procedures.
 If the employee’s injury or illness is self-induced, or where they act or behave in
a manner which prejudices their own recovery.
 If the Employee is serving a period of notice to terminate their employment,
whether that notice is issued by the Trust or the Employee.
 If the Employee fails to fully comply with the absence notification rules and
procedures, as set out in the in the Staff Handbook (as amended from time to
time), which is available on the Intranet.

16 GRIEVANCE PROCEDURE

16.1 Details of the grievance procedure can be found in the Staff Handbook (as amended
from time to time), which is available on the Intranet (this is a non-contractual
procedure). The Employee should use the grievance procedure to lodge complaints
regarding any employment related matter.

17 DISCIPLINARY AND CAPABILITY PROCEDURE

17.1 Details of the disciplinary and capability procedure can be found in the Staff Handbook
(as amended from time to time), which is available on the Intranet (this is a non-
contractual procedure and does not form part of the Employee’s contract of
employment). We reserve the right not to follow any part of the disciplinary
procedure where we consider it appropriate (for example, if the Employee has less
than 2 years’ service).

17.2 We reserve the right, in our absolute discretion, to waive any of the penalties referred
to in the disciplinary policy and substitute ‘demotion’. We will provide the Employee
with notice in writing on details of any consequential change to their terms and
conditions of employment. In particular the notice will provide details of any reduction
in salary and /or privileges resulting from such demotion.

17.3 During any disciplinary investigation or operation of the disciplinary and capability
procedure we reserve the right, in our absolute discretion, to suspend the Employee
from work, with pay, by providing the Employee with notice of suspension in writing.
Such notice will specify the dates of suspension and the conditions applicable to the
suspension.

18 RIGHT TO SEARCH

18.1 The Trust reserves the right to search the Employee, their work area, and any of their
property held on Trust premises, including any vehicle parked on Trust property, at
any time if there are reasonable grounds for us to believe that the Employee is guilty
of theft, or in possession of illegal drugs, or prohibited property, or substances, or in
serious breach of our rules or the Employee’s contract.

CONTRACT OF EMPLOYMENT 9
18.2 Personal searches will be conducted in the presence of at least one agreed witness.
Unreasonable failure to consent to a personal search or a search of their property by
the Employee will be regarded as a disciplinary offence.

19 LAY OFF

19.1 In the event of a situation which prevents the Trust from providing the Employee with
work in or throughout any day, for example a short term downturn in work (as an
alternative to declaring redundancies) or in the event of an occurrence outside of the
Trust’s control (including, without limitation, fire, Act of God, industrial action
affecting a third party), we are entitled not to provide the Employee with work and
not to pay the Employee any salary or wages under their contract of employment
(except a Statutory Guarantee Payment insofar as required). The Trust is also entitled
in such circumstances to place the Employee on short time working.

20 TERMINATION OF EMPLOYMENT

20.1 The first six months of the Employee’s employment shall be a probationary period.
During the probationary period the Employee is required to give and entitled to
receive not less than one week's notice to terminate the Employee’s employment.

20.2 On successful completion of the probationary period the Employee is required to give
1 months’ written notice to terminate the Employee’s employment.

20.3 The Employee is entitled to receive the following periods of written notice from the
Trust:
 Under 5 years' continuous service – 1 month
 After 5 years' continuous service – 1 week for each complete year of service up
to a maximum of 12 weeks.

20.4 By mutual agreement, these notice periods may be waived.

20.5 We may terminate the Employee’s employment with immediate effect without notice
and with no liability to make further payments (other than in respect of amounts
accrued and due at the date of termination) if the Employee is guilty of any gross
misconduct as defined and amended from time to time in the Staff Handbook, which
is available on the Intranet.

20.6 The rights of The Trust under this clause are without prejudice to any other rights that
we might have at law to terminate the Employee’s employment or to accept any
breach of this agreement by the Employee as having brought the agreement to an
end. Any delay by us in exercising our rights to terminate shall not constitute a waiver
thereof.

20.7 We shall be entitled not to provide the Employee with any work and to require the
Employee to stay at home and not contact any customers, clients or colleagues for the
whole or part of their notice period (regardless of which party has given notice)

CONTRACT OF EMPLOYMENT 10
 (“Garden Leave”). During such a period of Garden Leave we shall continue to provide
the Employee with their salary and benefits and the Employee will continue to be
bound by all the express and implied terms of their contract of employment.

20.8 From time to time the Trust may pay or make contributions towards the cost of
training programmes or qualifications for the Employee. If the Employee leaves the
employment of the Trust within twelve months of the relevant training programme or
qualification then the Employee may be required to repay the cost of the same to the
Trust, and hereby authorises the Trust to make such deductions from the Employee’s
salary. This clause is subject to a training agreement being completed before the
training programme or qualification commences.

21 PAYMENT IN LIEU OF NOTICE

21.1 The Trust reserves the right to terminate the Employee’s employment at any time
(including where the Employee has given notice to The Trust) by paying to the
Employee pay in lieu of basic salary only for their period of notice or any remaining
period of notice (whether given by The Trust or by the Employee). The Employee shall
have no entitlement to such payment which shall be made entirely at The Trusts
discretion. For the avoidance of doubt, any payment in lieu shall not include the value
of any benefit, bonus, incentive, commission, or holiday entitlement which would
have accrued to the Employee had the Employee been employed until the expiry of
their notice period.

22 SUPPORTING SERVICE USERS

22.1 If a service user refuses to accept support from an employee for any reason, then The
Trust reserves the right to redeploy the Employee to a different service if the situation
cannot be resolved. If no suitable redeployment opportunity can be found, then The
Trust may have no choice but to terminate the employment contract.

23 IMMIGRATION, ASYLUM AND NATIONALITY ACT 2006 – PREVENTION OF ILLEGAL

23.1 In accordance with the Immigration, Asylum and Nationality Act 2006 – Prevention of
Illegal Working; the Employee must provide proof of their eligibility to work in the UK
prior to the commencement of their employment.

23.2 It is the Employee’s responsibility to ensure that they have valid and up to date
documentation that confirms their eligibility to work in the UK throughout the course
of their employment. The Employee must notify the People and Learning Department
immediately if, for any reason, their immigration status changes. The Employee must
provide the People and Learning Department with all renewals of any document
relating to their eligibility to work in the UK as soon as it is received and the Employee
must declare any changes to the conditions attached to such documents immediately.
Any failure by the Employee to comply with the obligations in this clause may lead to

CONTRACT OF EMPLOYMENT 11
 disciplinary action being taken. Where appropriate, such action may result in the
Employee’s dismissal with or without notice.

24 DISCLOSURE AND BARRING SERVICE CHECKS

24.1 If the Trust deem that your role and/or duties will require a Disclosure and Barring
Check (“DBS”) (for example it is a regulatory requirement and/or you will be working
with children or vulnerable adults) you will be asked to complete the necessary
documentation either at the offer of employment stage or at an appropriate time
during your employment in line with the YOU Disclosure & Barring Service (DBS)
Policy. The Trust will consider DBS checks on a case-by-case basis.

24.2 If the DBS check demonstrates that you have a criminal background that the Trust
deems a risk to its business or service users, following speaking to you in regards to
the outcome of the check, the Trust may withdraw any offer of employment.

25 OTHER PAID LEAVE

25.1 The Employee may be eligible to take the following types of paid leave, subject to any
statutory eligibility requirements or conditions and our rules applicable to each type
of leave in force from time to time:

a) statutory maternity leave;

Further details of such leave and the Employee’s pay during such leave are available
in the Staff Handbook. We may replace, amend or withdraw our policies on any of the
above types of leave at any time.

26 COMPANY PROPERTY

26.1 All documents (in any media), provided for the Employee’s use by us, and any data or
documents (including copies) produced, maintained or stored on our computer
systems or other electronic equipment (including mobile phones), remain our
property at all times.

26.2 Any of our property (including but not limited to keys and credit cards) in the
Employee’s possession and any original or copy documents obtained by the Employee
in the course of their employment shall be returned to us at any time on request and
in any event prior to the termination of their employment.

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27 COMPUTER SYSTEMS

25.1 From time to time, the Trust may monitor, record and review your telephone calls,
emails and internet usage, regardless of whether these are for work or personal
purposes if made using the Trust’s equipment. The use of The Trust’s computer
system for anything other than work purposes is at the discretion of the Employee’s
Accountable Manager. Consequently, you must not regard any such communication
made using the Trust’s equipment as private. Monitoring is only carried out to the
extent permitted or as required by law and as necessary and justifiable for business
purposes. Further details can be found in the ICT policies and/or Data Protection
Policy on the internet.

28 CONFIDENTIAL INFORMATION

28.1 The Employee must not use or disclose to any person who is not a fellow employee
any confidential or other potentially sensitive business information relating to our
business, any service provider or our clients which may come to the Employee’s
knowledge during the course of their employment. This applies both during and after
the Employee’s employment with us. "Confidential information" for these purposes
includes, without limitation, information which is not in the public domain about our
business and professional secrets or those of our clients, including the identity of
service users and anything relating to their affairs or dealings with us or any service
provider, information about suppliers, contacts, targets, providers, business plans,
affairs, costs, finances and introducers of work, our systems, practices, procedures,
information relating to our terms of business and all information contained or stored
in software programs or otherwise on computers used by us.

28.2 We consider confidentiality is an extremely important issue and will take appropriate
disciplinary action in the case of unauthorised disclosure of confidential information.
This clause is not intended to prevent you disclosing information required by or
allowed by law.

28.3 Nothing in this clause shall be construed or interpreted as preventing you from making
a “protected disclosure” within the meaning of the Public Interest Disclosure Act 1998.
In circumstances where you consider it is necessary to make such a disclosure, you
should follow the Trust’s whistleblowing policy.

29 HEALTH AND SAFETY

29.1 The Employee is contractually required to carry out instructions and observe rules
(including safety rules) found in the Staff Handbook (as amended from time to time),
which is available on the Intranet. The Trust has a detailed Health and Safety policy
(as amended from time to time), which is available on the Intranet. The Employee is
required to familiarise themselves with the policy and take all necessary steps to

CONTRACT OF EMPLOYMENT 13
 ensure that it is properly observed. Failure to comply may result in disciplinary action,
and in serious cases, dismissal.

30 POST TERMINATION RESTRICTIONS

30.1 For the purposes of this clause 28 the following definitions apply:

“Restricted Employee” means any person who at the Termination Date, was an
employee of the Trust or any relevant service provider who held a client facing or
managerial role or who could materially damage the interests of the Trust if he/she
became employed in any competing business, charity, trust, firm or company and with
whom the Employee worked closely or was responsible for in the twelve months
immediately preceding the Termination Date.

“Restriction Date” means the earlier of the Termination date and the start of any
period of Garden Leave in accordance with Clause 18.

“Termination Date” means the date of termination of the Employee’s employment

30.2 The Employee acknowledges that by reason of their employment they will have access
to trade secrets, confidential information, business connections and the workforce of
the Trust and that in order to protect the Trust’s legitimate interests it is reasonable
for the Employee to enter into the post termination restrictive covenant and the
Employee agrees that the restrictions contained in this clause are reasonable.

30.3 The employee will covenant with the Trust that they will not without the prior written
consent of the Trust for six months after the Restriction Date offer to employ or
engage or otherwise endeavour to entice away from the Trust any Restricted
Employee.

30.4 The obligations undertaken by the Employee pursuant to this clause extend to the
Employee acting not only on their own account but also on behalf of any other charity,
trust, firm, company or person and shall apply whether the Employee acts directly or
indirectly.

31 DATA PROTECTION

31.1 The Trust is committed to complying with the principles and requirements of the
Data Protection Act 2018 in relation to the holding and processing of your personal
data, including special categories of data.

31.2 The Trust will hold and process, both electronically and manually, personal data
relating to you which is necessary for the performance of this contract and for other
lawful processing reasons such as where it is in the Trust’s legitimate interests and
where it is necessary for compliance with a legal obligation.

CONTRACT OF EMPLOYMENT 14
31.3 Such personal data includes, without limitation, your employment application,
references, bank details, performance appraisals, holiday and sickness and other
absence records, expenses information, salary reviews, remuneration details, data
regarding employment benefits and other records which may include sensitive
personal data (also known as special categories of data) relating to your health.
Special categories of data is defined as personal data relating to racial or ethnic
origin, political opinions, religious or similar beliefs, trade union membership,
physical or mental health or condition, sexual life, biometric data or genetic data.

31.4 Full details of the Trust’s personal data processing activities are set out in the Trust’s
Employee Privacy Notice, a copy of which is enclosed. You hereby acknowledge that,
by signing this contract, you have read and understood the Trust’s Employee Privacy
Notice.

31.5 The Trust may make your personal data available to any third parties that provide
products or services to the Trust (such as HR and Payroll system administrators,
pension administrators and benefits providers), regulatory authorities, potential
purchasers of the Trust or the business in which you work, or as may be required by
law. Further details will be set out in the Trust’s Employee Privacy Notice.

31.6 You have an obligation to comply with the Trust’s Data Protection Policy and the
Trust processes for the proper management of employee and customer data as
amended from time to time. You hereby acknowledge that, by signing this contract,
you have read and understood the Trust’s Data Protection Policy.

32 STAFF RULES AND POLICIES

32.1 The Employee is required at all times to comply with our rules, policies and procedures
in force from time to time including those contained in the Staff Handbook (as
amended from time to time), which is available on the Intranet. Our rules, policies and
procedures are not contractual terms and may be varied by us at any time.

33 DRESS CODE

33.1 The Employee is required to dress appropriately for their duties and working
conditions. The Employee’s Accountable Manager is responsible, at their absolute
discretion, for determining what attire is reasonably appropriate for each employee
or group of employees. Employees who attend work inappropriately dressed may be
sent home to change. Persistent failure to dress appropriately may result in
disciplinary action being taken.

33.2 We expect our employees to project a professional appearance and attitude and
therefore ask that the Employee exercises good judgment with respect to their dress
and personal hygiene at all times.

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34 SMOKING

34.1 It is the policy of The Trust that any place where the Employee carries out their duties
including, but not limited to, premises where care, support and advice services are
delivered, company vehicles and client homes (“Workplace(s)”) is/are smoke free and
that all employees have a right to work in a smoke free environment. Smoking is
prohibited throughout the Workplace(s).

34.2 Further information about smoking and vaping can be found in the Code of Conduct
(as amended from time to time) which can be viewed on the Intranet.

35 TRADE UNION MEMBERSHIPS

35.1 The Trust fully supports the system of collective bargaining and believes in the
principle of solving industrial relations problems by discussion and agreement, and for
this purpose recognises that it is to the mutual benefit of The Trust and its employees
for the employees to be represented by properly constituted trade unions.

35.2 The Employee has a right to join a trade union and to take part in its activities if they
wish but the Employee is not obliged to do so in order to be an employee of The Trust.
For negotiation purposes The Trust recognises UNISON. If the Employee would like to
become a member of UNISON they should contact the People and Learning
Department.

36 COLLECTIVE AGREEMENTS

36.1 The Employee’s employment is subject to collectively agreed terms, namely the
Recognition & Agreement Procedure.

36.2 The collective agreements are available on the Intranet and from the People and
Learning Department.

37 CHANGES TO TERMS OF EMPLOYMENT

37.1 We reserve the right, in our absolute discretion, to make any changes to any of the
Employees terms and conditions of employment. We will give reasonable notice to
the Employee and consult with them before imposing any such change.

38 MISCELLANEOUS

38.1 These terms and conditions shall be governed by and interpreted in accordance with
English law.

38.2 The Employee and The Trust do not intend that any term of this Agreement should be
enforceable, by virtue of the Contracts (Right of Third Parties) Act 1999 by any third
party.

CONTRACT OF EMPLOYMENT 16
38.3 This Agreement together with any documents referred to in it constitutes the entire
agreement between the parties and shall be in substitution for any previous letters of
appointment, agreements or arrangements, (whether written, oral or implied),
relating to your employment, which shall be deemed to have been terminated by
mutual consent. The Employee acknowledges that as at the date of this Agreement
they have no outstanding claim of any kind against The Trust or any service provider
and in entering into this Agreement the Employee has not relied on any Pre-
Contractual Statement.

I agree to the above terms

Signed _________________________ Date _______________________

by Aileen John

Signed Date 1 April 2023

for and on behalf of The YOU Trust Limited

CONTRACT OF EMPLOYMENT 17