While it is possible to go and work privately for someone and have things all go smoothly all the time while you are there, this is unfortunately the exception rather than the norm. Disagreements can happen at any moment with neither person being entirely sure about what was arranged and what was not.
It is a very sad state of affairs when the live-in carer leaves prematurely because boundaries have been crossed and there are no clear guidelines in place.
Having a contract in place at the start of any live-in care placement is always beneficial.
Anyone working through an agency will not need one as this will be done between client and agency. However, in a private live-in care placement, the contract will be between carer and client or next of kin.
A contract should be in place to protect both parties although it can be difficult to know exactly what should be written in it.
This is a legal outline of things that are agreed between carer and client. This includes services which the carer provides, terms of employment, payment and so on.
General information
This includes the client name address and contact telephone number. It also should include the carer information of the same.
Start date and hours
The start date needs to be specified, as do the hours to be worked. Breaks must be noted and whether they are flexible or set in stone. Time off in lieu of breaks should be noted along with reimbursement if breaks are not able to be taken.
Pay rates
The daily rate should be noted, along with any amount that is paid towards travel expenses. This may include producing rail and taxi receipts or a general amount to cover them. Either way, it must be written down so both parties know what to expect.
Bank holiday rates
Often bank holidays are paid at double the daily rate and this needs to be written down so both parties are clear about when double time is paid.
Duties
Clearly set out in the contract should be the duties of the carer. This should be agreed upon between both parties so that there are no unexpected demands made on either. As a carer, you have the right to say what you are happy to do in the course of the day, as well as what you are not happy doing.
You are also within your rights to refuse to do something because you feel it is unsafe, such as climbing up ladders to clean high windows. Make sure you itemise everything that you are not prepared to do, whether it be gardening, walking the dog or cleaning the car.
There should be no surprises when starting work about the guidelines you have agreed to work to.
Notice
Should either party give notice of a termination, it should be stated whether there is a period before leaving and an end of service date. Often the carer may want to give one week's notice to terminate, although in cases of severe disagreement the client may ask the carer to leave right away.
In cases like this there needs to be an agreement for reimbursement until the end of the placement or to give the carer time to find accommodation. Additionally, it must be agreed as to the amount of money the carer is paid, having not broken the contract themself.
As a self-employed carer you should be aware that there are specific legal requirements which must be adhered to. These concern insurance, data protection, compliance with health and safety laws and the right to work in the UK.
There must be a section in the contract which includes these points. It is important that any care records which are kept in the home are safely stored and never shared outside the home unless agreed by the client.
The new contract must be signed and dated by both employer and employee. Both should have copies of it.
While drawing up your own contract may seem daunting, it is in reality not difficult, once guidelines are followed.
However, if you are at all in any doubt about what to include, there are many lawyers who will guide you on this and possibly even draw up a contract on your behalf.
There will be a fee for this, but it may be a good option in some instances where the situation is not clear cut and straightforward.
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