Drafting Notes to accompany the PGA Standard … · PGA Contract No.5 Drafting Notes/ Golf Club and...

PGA Contract No.5 Drafting Notes/ Golf Club and PGA Assistant Professional /June 2011


Drafting Notes to accompany the PGA Standard Employment Contract ("the Contract") between the Golf Club/Establishment (“the employer”) and the PGA Assistant (“the employee”).

IMPORTANT

PLEASE PRINT AND USE THIS DOCUMENT FOR REFERENCE WHEN COMPLETING THIS CONTRACT

1. General Guidance

All members should read the document entitled 'General Guidance Notes for PGA Standard Contracts' prior to reading these notes and amending the Contract.

The Contract is, in the main, a read-only document and will need tailoring to suit individual circumstances where indicated.

The contract does not provide for provisions in respect of Data Protection Legislation. All members should make themselves aware of the relevant data protection legislation and provide for that in any Contract as appropriate.

The PGA accepts no liability for any disputes arising out of or in conjunction with the terms of any of the Contracts.

2. The Contract

What follows is a step-by-step guide of those sections which may need further explanation.

1 Definitions

This clause lists the defined terms used in the Contract. For example, whenever "PGA" is mentioned it will mean the Professional Golfers' Association.

2 Appointment, Job Title and Place of Work

2.1 Confirms the appointment of the PGA Assistant Professional as an employee and the date from which this is to take effect.

2.2 It is a condition that PGA Assistant Professionals must be employed at establishments where their training is carried out and supervised by a qualified PGA Professional.

2.3 Must be included to comply with U.K. legislation. The date of continuous employment will be the date on which the employer first employed the employee and not the date when the individual starts this new contract of employment. (This is continuous employment).

This will occur, for example, where an individual has been employed by the employer prior to them becoming a PGA Assistant Professional.

2.4 Must include the employee's normal place of work, i.e. the club name

2.5 Must be included to comply with UK legislation.



3 Training, duties and obligations

Refers to the table set out at Schedule 4. This sets out the employee's responsibilities as well as those of the employer and the Academy.

4 Pay

4.1 Refer to notes under Schedule 1

4.2 It is the responsibility of the employer to properly record the amount of pay and deductions made to and from the employee. This is required by law. It is also a requirement to provide the employee with a payslip clearly showing the gross amount of pay and any deductions made.

4.4 For those earnings referred in this sub clause. The employer to amend as appropriate where either all or a percentage of fees are paid to the employee.

4.6 Indemnifies the employer against any liability for income tax in this respect.

4.7 Allows the employer to deduct any amount of money the employee reasonably owes. Without this clause the employer will be unable to make any deductions (other than statutory deductions) from the employee’s salary.

5 Hours of Work

5.1 The employee's weekly working hours should be no less than 30 hours per week.

The Working Time Regulations 1998 place limits on the maximum average weekly working time (currently 48 hours) that can be required of employees and provides for certain minimum rest and leave entitlements. The employee can agree to opt out of the maximum average weekly working time of 48 hours as outlined in the Working Time Regulations 1998 for either a specified or indefinite period of time. Any agreement must be in writing and can be terminated by the employee giving written notice. The period of notice will be 7 days unless there is an express agreement to the contrary.

In accordance with the legislation working time is defined as "any time when the worker is working at his employer's disposal and carrying out his activities or duties; any period during which the worker is receiving relevant training; and any additional period provided for under a relevant agreement ".

5.2 Is included to make clear what constitutes this working time.

5.3 The employer may require the employee to work additional hours or days, or on a day that is usually taken by the employee as their day off. The employer is to specify here whether the employee is entitled to be paid for such additional hours or days at their usual hourly rate, or receive time off in lieu.

5.4 Any additional work or employment undertaken by the employee must be recorded by the employer to ensure that Working Time Regulations are not breached.

6 Holidays

6.1 Where an employee is contracted to work fulltime he/she is legally currently entitled to 5.6 weeks holiday per year being 20 days paid holiday per leave year, plus Statutory Bank holidays (or days in lieu of bank holidays). However, statutory bank holidays will vary



from country to country within the UK; current local entitlement must be applied - see Schedule 2 to these drafting notes.

Where an employee is contracted to work to work on a part-time basis, to minimise the risk of a claim under the Part-Time Worker Regulations for less favourable treatment, they should be entitled to a pro-rata equivalent holiday entitlement to full time workers. The most straightforward way to deal with this is to add their basis entitlement to bank holidays and calculate their entitlement as a pro-rata of this total figure, depending on how many days they work. If a bank holiday coincides with the employee's normal working day, they would have to take that day as holiday as they have received the benefit of all bank holidays in their overall holiday entitlement.

6.3 The employer will need to amend accordingly.

6.6 An employee is only entitled to receive pay for untaken statutory annual leave when employment is terminated.

6.7 The calculation in this clause is based on a 5 day working week. It does not take account of bank holidays. This will need to be amended if the employee works more or less than 5 days a week and/or if bank holidays are included in the statutory entitlement to annual leave.

8 Training Programme Fees

The employer to amend as appropriate.

9 Sickness

9.1 If away from work on grounds of ill health, an employee is legally entitled to receive Statutory Sick Pay (SSP) provided they meet certain criteria. The Department of Work and Pensions provides guidance on statutory sick pay.

9.2 The employer may decide to pay the employee Company Sick Pay (rather than SSP) at their normal hourly rate of pay, for a set period of time. In which case the employer will need to insert the number of week’s company sick pay will be paid.

10 Pension

For information purposes since 8 October 2001, all employers with 5 or more employees, who do not already provide an occupational pension scheme for all employees with one year's service, or contribute at least 3% to a personal pension scheme for all qualifying employees, must provide employees with access to a designated stakeholder scheme.

11 Termination

The contract provides for four weeks notice by either party, to terminate the contract, this will increase in line with statutory notice periods after 4 years service.

For the first month of the employee's employment the statutory minimum notice periods do not apply.

11.1 Sets out the circumstances in which the employer can bring the employee's employment to an end without giving notice or pay in lieu of notice.

Members should ensure that whether the employee is dismissed with or without notice the dismissal procedure at Schedule 2 is observed.



When the employee's Contract expires in law it is regarded as a dismissal and is therefore subject to the law of unfair dismissal (the general position is that an employee will be able to bring an unfair dismissal claim if they have been employed for more than 12 months, but there are exceptions where they can bring claims sooner than this). For the dismissal to be fair the employer must not only carry out the dismissal procedure set out at Schedule 2 but there must also be a potentially fair reason for the dismissal.

If the employer is planning on terminating the employee's contract of employment or not

engaging the employee beyond the end of their contract the employer should establish on what grounds they intend to rely for dismissing the employee in good time before the expiry of the contract. Where the employee's failure of the training programme is the reason for the contract coming to an end, the potentially fair reason for dismissal would be capability but a fair process would still need to be undertaken to dismiss the employee.

12 Grievance

Employees should be made aware of the grievance procedure at Schedule 3 and these procedures should be followed by both the employee and employer.

13 Disciplinary Procedures Employees should be made aware of the disciplinary procedure at Schedule 2. It is important that the procedure is followed when the employer wants to take disciplinary action as it will give evidence to support the position that a fair procedure has been followed. Where the employee is dismissed as a result of the disciplinary action, this will help to prevent a successful unfair dismissal claim being brought against the employer.

14 Confidential Information

This clause seeks to prevent the employee from using any confidential information other than as is necessary to perform their role.

If the employee will have access to any confidential information during the course of their employment, this clause requires them to return such information on the termination of their employment.

15 Data Protection

If personal data will be processed under the Data Protection Act 1998 (DPA), the consent of the relevant person's data must be sought to any such processing. This clause seeks that consent and minimises the risks of any potential liability under the DPA.

15 Collective Agreements

This clause needs to be included in accordance with UK legislation.

……………………………..



Schedule 1

Information regarding UK National Minimum Wage Rates can be found at www.direct.gov.uk.

Please note that rates are subject to change on an annual basis with effect from 1st October.

Statutory Bank Holidays

England & Wales 8 days

Scotland 9 days

Northern Ireland 10 days

PGA Contract No.5/ Golf Club and PGA Assistant Professional /June 2011


................................................…………………………………. [insert name]

EMPLOYER

- and -

................................................…………………………………. [insert name]

PGA ASSISTANT PROFESSIONAL

DATED: ……………………………..................

PGA ASSISTANT PROFESSIONAL CONTRACT OF EMPLOYMENT

(UK)

PGA STANDARD CONTRACT



THIS AGREEMENT is made the …………..… day of ………............................. 20....

BETWEEN

A. ……………….................................................................................. [insert name] ("the Employer") of …………………..................................................................................... [insert Club/facility name] and

B. ……………….................................................................................. [insert name] ("the PGA Assistant Professional") of …………………...................................................................................... [insert Club/facility name]

IT IS HEREBY AGREED as follows:

1. Definitions

1.1 The "Club/establishment" means the golf club or establishment at which the PGA Assistant Professional is employed on the terms set out in this Agreement;

1.2 "Constitution" means the Articles of Association of the PGA as amended from time to time;

1.3 "Member" means a member of the Club;

1.4 "PGA" means the Professional Golfers' Association Limited;

1.5 The "PGA Assistant Professional" means an apprentice PGA Professional enrolled on the PGA Training Programme with a view to becoming registered as a qualified PGA Professional;

1.6 A " PGA Professional " means a member for the time being of the PGA subject to the procedures governing eligibility, classification, election, registration, subscription, training, resignation, privileges and discipline as set out in the Regulations of the PGA;

1.7 "PGA Training Programme" means the PGA Training Programme which the PGA Assistant Professional must complete in order to become registered with the PGA as a PGA Professional;

1.8 "Registration" means the registration of the PGA Assistant Professional as a PGA Professional; and

1.9 "Regulations" and "Training Regulations" are the rules and regulations of the PGA as may be determined by the board of directors of the PGA from time to time.



2. Appointment, Job Title and Place of Work

2.1 The Employer shall employ the PGA Assistant Professional with effect from the date specified at Schedule 1 to this Agreement and upon the terms and conditions set out in this Agreement.

2.2 The PGA Assistant Professional shall be supervised for the purposes of the PGA Training Programme by

……………………………………………………….… [insert name of PGA Professional] who is a full member of the PGA.

2.3 The PGA Assistant Professional's period of continuous employment with the Employer commenced on the date set out in Schedule 1. No employment with any previous employer counts as part of the PGA Assistant Professional's continuous period of employment with the Employer.

2.4 The PGA Assistant Professional's normal place of work is ......................................................................................... [insert club/establishment name]. The Employer may require the PGA Assistant Professional to carry out [his/her] duties on a temporary or permanent basis from other locations as the needs of the Club's business reasonably require.

2.5 There is no current requirement for the PGA Assistant Professional to work outside the United Kingdom for any consecutive period in excess of 1 month.

3. Training, duties and obligations

3.1 The Employer shall ensure that the duties and obligations set out in Schedule 4 are fulfilled in conjunction with a PGA Professional who is a full member of the PGA.

3.2 The PGA Assistant Professional shall:

(a) perform the duties and obligations as set out at Schedule 4 to this Agreement; and

(b) in addition, or as an alternative to the PGA Assistant Professional's normal duties as set out at Schedule 4, the PGA Assistant Professional may from time to time be required to undertake other duties that are reasonably consistent with their post and within their capabilities as the needs of the Employer require.

4. Pay

4.1 The salary of the PGA Assistant Professional shall be as set out in Schedule 1 to this Agreement.

4.2 The Employer will be responsible for the deduction of National Insurance contributions and for the payment of Income Tax to the Inland Revenue in respect of the PGA Assistant Professional's salary.



4.3 The PGA Assistant Professional's salary shall be reviewed annually on or before the date specified in Schedule 1 to this Agreement in each year. Any revision of the PGA Assistant Professional's salary which takes place as a result of this review will be upwards only. The award and amount of any salary increase will be entirely at the discretion of the Employer.

4.4 In addition to the salary referred to at sub-clause 4.1, the PGA Assistant Professional shall further be entitled to retain absolutely any monetary or non-monetary prize, won by them whilst playing professional tournament golf and [Amend as appropriate] [ all / or .................% of ] fees paid to them in respect of coaching, and [ all / or .................% of ] fees paid to them in respect of any repairs. The PGA Assistant Professional will be responsible for the payment of any tax payable to the Inland Revenue in respect of any such prize, money and fees referred to under this sub-clause 4.4.

4.5 The total of the payments received by the PGA Assistant Professional each month pursuant to sub-clauses 4.1.above divided by the total number of hours worked by the PGA Assistant Professional in that month will not be less than such hourly rate of pay provided by the National Minimum Wage legislation then applicable. It shall be the Employer’s responsibility to ascertain the minimum rate from time to time as applicable. Under the terms of this contract a system of bartering instead of payment as a salary in hard currency is not allowed.

4.6 The PGA Assistant Professional agrees to indemnify and keep the Employer indemnified in respect of any claims that may be made by the relevant authorities against them in respect of tax or similar contributions in respect of any income or non-monetary earnings received by the PGA Assistant Professional other than the salary paid under sub-clause 4.1.

4.7 The Employer is entitled to deduct from the PGA Assistant Professional's salary, or any other payment due to the PGA Assistant Professional from the Employer, including any payment due to the PGA Assistant Professional on the termination of their employment, any sums properly due from them to the Employer. . Such sums include, but are not limited to, repayment of any loans or advances (including advances on expenses), repayment of any overpaid holiday pay, salary or benefit and the cost of any damage to or loss of the Employer’s property caused by the PGA Assistant Professional.

5. Hours of Work

5.1 The PGA Assistant Professional's working days shall be [insert working days] .................................................................................................................................................. Their normal weekly working hours will be as specified in Schedule 1 and shall be no less than 30 hours, and such further hours from time to time required for the proper performance of the PGA Assistant Professional's duties under this Agreement. Such hours should not exceed the permitted working hours allowed under Working Time Regulations that prevail at the time of the employment.

5.2 Lunch breaks and other breaks provided to the PGA Assistant Professional will not constitute working time. Attendance by the PGA Assistant Professional at PGA Training Programme residential courses and examinations will constitute working time.



5.3 The Employer may require the PGA Assistant Professional to work such additional hours or days beyond their normal working hours as are reasonably necessary for the proper performance of their role and/or to work on a day which is usually taken by the PGA Assistant Professional as their day off. In such cases the PGA Assistant Professional will be entitled to: [Delete as appropriate] either: [be paid for such additional hours at their usual hourly rate] and / or [time off in lieu at the sole discretion of the Employer].

5.4 The PGA Assistant Professional shall keep a day to day record of the hours they work, which they will submit to the Employer on a weekly basis.

5.5 The PGA Assistant Professional agrees that they will not undertake any additional work or employment without the Employer’s prior written consent.

6. Holidays

6.1 The PGA Assistant Professional shall be entitled to the number of working days paid holiday specified in Schedule 1 to this Agreement, to be taken at such time as agreed in advance with the Employer.

6.2 The PGA Assistant Professional may be required to work a public holiday. In which case they will be given a day's holiday in lieu at a time to be agreed by the Employer.

6.3 [Delete as appropriate] Either [The PGA Assistant Professional shall, with the prior agreement of the Employer (to be requested in writing) be entitled to unpaid leave to play in tournaments and meetings in every calendar year: tournaments or championships run under the auspices of The Royal and Ancient Golf Club, the PGA European Tour, the local County PGA and the PGA] or [The PGA Assistant Professional shall, with the prior agreement of the Employer (to be requested in writing) be entitled to paid leave to play in tournaments and meetings in every calendar year: tournaments or championships run under the auspices of The Royal and Ancient Golf Club, the PGA European Tour, the local County PGA and the PGA. Leave taken for the purpose of this sub-clause will be classed as paid holiday and will be subject to the maximum number of working days paid holiday specified at Schedule 1 to this Agreement.]

6.4 The PGA Assistant Professional shall take their holiday between 1 January and 31 December each year ("the Calendar Year").

6.5 The PGA Assistant Professional may not carry forward any holiday entitlement to the following Holiday Year.

6.6 The PGA Assistant Professional shall not be entitled to pay in lieu of any untaken holiday where the PGA Assistant Professional remains employed by the Employer.



6.7 The PGA Assistant Professional's holiday entitlement shall accrue at the rate of 1.66 days per month, based on 20 days annual holiday leave. Statutory Bank holidays will be calculated in addition to annual holiday leave.

6.8 On termination of their employment, for whatever reason, the PGA Assistant Professional shall be entitled to pay in lieu for any accrued, outstanding holiday entitlement; but shall be required to repay the Employer any salary received for holiday taken in excess of their actual entitlement. The Employer reserves the right to deduct any such payment due from the PGA Assistant Professional in respect of taken but unaccrued holiday pay from the PGA Assistant Professional's final salary payment.

6.9 The PGA Assistant Professional must give the Employer notice of the dates they intend to take as holiday. The notice period must be the equivalent of at least twice the period of holiday they are proposing to take.

7. Examinations and Residentials

The PGA Assistant Professional will receive full pay in accordance with the terms of this Agreement for attendance at PGA Training Programme residentials and first and second sittings of examinations. Thereafter attendance at PGA training examinations will be unpaid. The PGA Assistant Professional will not be requested to take annual leave in order to attend PGA Training Programme residentials and first and second sittings of examinations.

8. Training Programme Fees

[Delete as appropriate] Either [The Employer will pay for the PGA Assistant Professional's attendance on the PGA Training Programme in accordance with the terms of this Agreement.In consideration of which the PGA paying for such attendance, the Assistant Professional undertakes that they will not resign from their employment before they have completed the PGA Training Programme. If the PGA Assistant Professional resigns from the Employer’s service before having completed the PGA Training Course the PGA Assistant Professional undertakes to repay to the Employer that part of the total cost incurred by the Employer as a result of funding the PGA Assistant Professional's attendance on the PGA Training Programme. Such sums as may fall due to the Employer by reason of this undertaking may be recovered by the Employer in whole or in part by deduction from payment of the final salary or other payments due to the PGA Assistant Professional on termination of employment.] or [The Employer will not pay for the PGA Assistant Professional's attendance on the PGA Training Programme.]



9. Sickness

9.1 If the PGA Assistant Professional is absent from work, for any reason, and their absence has not previously been authorised by the Employer they must inform the Employer as soon as possible of the fact of and reason for their absence on the first day of absence before the time they are due to attend to work and, in any event, before 9.30am.

9.2 If the PGA Assistant Professional is absent from work due to sickness or injury, which continues for more than 7 days, they must provide the Employer with a statement of fitness for work on the 8th day of absence. Thereafter medical certificates must be provided on a weekly basis.

9.3 The PGA Assistant Professional may be entitled to Statutory Sick Pay (SSP) provided that they are eligible for such payments and provided that they have complied with the notification and evidence requirements at sub-clauses 9.1 and 9.2 above.

9.4 [Delete section or complete as appropriate] [The PGA Assistant Professional may be entitled to receive sick pay at their normal salary rate (inclusive of any Statutory Sick Pay ("SSP") entitlement) for ................................................................................................[insert timeframe] of absence in any one Calendar Year] ("Enhanced Sick Pay").

9.5 Subject to clause 11.1, the Employer reserves the right to terminate the PGA Assistant Professional's employment at any time during their absence from work even though their entitlement to Enhanced Sick Pay may not have been exhausted at the time of giving notice or of termination.

9.6 The PGA Assistant Professional must notify the PGA National Academy if they believe that their absence is likely to last more than 3 months.

10. Pension

10.1 [Delete or complete as appropriate] Either [There is no pension scheme applicable to the PGA Assistant Professional's employment] or

10.1 [The PGA Assistant Professional will have access to the Club's/establishment’s ......................................................................................................... [insert name] pension scheme or such other pension scheme that the club may have in place].

10.2 There is [a/no] contracting out certificate in force in relation to the pension scheme. Delete as appropriate.

11. Termination

11.1 Subject to clause 11.3 below, the PGA Assistant Professional will be entitled to receive from the Employer four weeks’ notice in writing of the termination of their employment, unless the PGA Assistant Professional has more than four years continuous service with the



Employer in which case they will be entitled to one week's notice for each completed year of continuous service up to a maximum of 12 weeks’ notice.

11.2 The Employer may at its discretion, pay the PGA Assistant Professional in lieu of notice.

11.3 The PGA Assistant Professional will be required to give four weeks’ notice in writing to the Employer if they wish to terminate their employment.

11.4 Nothing in this clause shall prevent the Employer from terminating this employment contract without notice or salary in lieu of notice in the event of gross misconduct or in other appropriate circumstances.

11.5 This Agreement shall commence on the date set out at Schedule 1 of the Agreement and, unless terminated in accordance with clause 11.3, or 11.4 will terminate automatically without notice or pay in lieu of notice once the PGA Assistant Professional has:

(a) completed the qualifying period required by the relevant provisions of the Training Regulations; successfully completed the PGA Training Programme; and been elected to membership of the PGA; or

(b) failed to complete the PGA Approved Training Programme; or

(c) failed to apply for membership of the PGA within 3 months of being notified that they have passed all elements (examinations and assignments) on the PGA Training Programme; or

(d) failed to receive approval for membership of the PGA by the Executive Committee.

11.6 For the avoidance of doubt, there is no obligation on the PGA Professional to continue to employ the PGA Assistant Professional once the PGA Assistant Professional has completed the qualifying period required by the relevant provisions of the Training Regulations; successfully completed the PGA Training Programme; and been elected to membership of the PGA.

12. Grievance

If the PGA Assistant Professional has any grievance relating to their employment which they wish to raise formally they must raise their grievance with the Employer in accordance with the Grievance Procedure as set out at Schedule 3 of this Agreement. The application of such procedure is at the Club’s/establishment’s discretion and is not a contractual entitlement.

13. Disciplinary Procedures

13.1 The PGA Assistant Professional will be subject to the Employer’s Disciplinary and Dismissal Procedure as set out at Schedule 2 to this Agreement.

13.2 The procedure is not contractual and the level of disciplinary action taken will be as considered appropriate by the Employer in relation to the relevant circumstances.



13.3 Notwithstanding sub- clause 13.2 the Employer will ensure that the statutory dismissal procedure is followed in all cases where it may lead to the dismissal of the PGA Assistant Professional.

14. Confidential Information

14.1 The PGA Assistant Professional must not at any time during their employment (except so far as may be necessary for the proper performance of their duties) or after the termination of their employment use for any purpose other than the Employer's and/or the Club’s business or disclose to any person or body any Confidential Information obtained during their employment. For the purposes of this clause "Confidential Information" means any information of a confidential nature relating to the Employer and/or the Club, their customers or their business finances, transactions or affairs which belongs to and is of value to the Employer and/or the Club or in respect of which the Employer and/or the Club owe an obligation of confidence to any third party.

14.2 The PGA Assistant Professional must return to the Employer and/or the Club on the termination of their employment, or at any time during their employment upon request by the Employer, any Confidential Information which is in their possession or control. The PGA Assistant Professional must not retain any copy or extract of such information in any format.

15. Data Protection

15.1 The Employer and the Club may need to process the PGA Assistant Professional's personal data (including, where necessary, sensitive personal data; such terms being defined in the Data Protection Act 1998) in its paper-based and computerised systems. The Employee consents to the processing of such data both inside and, where necessary, outside the European Economic Area for the purposes of:

(a) salary, benefits and pensions administration and employee management;

(b) health administration and for the purposes of health insurance/benefits;

(c) training and appraisal, including performance records and disciplinary records;

(d) equal opportunities monitoring;

(e) promoting or marketing of the Club or its products or services;

(f) compliance with applicable procedures, laws and regulations; and

(g) any other reasonable purposes in connection with their employment, about which the PGA Assistant Professional shall be notified from time to time.

15.2 The PGA Assistant Professional acknowledges and accepts that in order to fulfil the purposes set out above, it may be necessary for the Employer and/or the Club to pass their personal data (or sensitive personal data, as appropriate) to regulatory bodies, government agencies and other third parties as required by law or for administration purposes.



15.3 The PGA Assistant Professional agrees to use all reasonable endeavours to keep the Employer informed of any changes to their personal data or sensitive personal data and to comply with all relevant data protection legislation.

16. Health and Safety

The health and safety of all employees and of visitors to the Club’s/establishment’s premises are an important consideration. The PGA Assistant Professional has a legal duty to take reasonable care of [his/her] own health and safety and that of others, which may be affected by what [he/she] does or omits to do.

17. Collective Agreements

There are no Collective Agreements which affect the terms and conditions of the PGA Assistant Professional's employment.

18. General

This Agreement sets out the entire agreement and understanding between the parties and supersedes all prior agreements or arrangements (whether written or oral) in respect of the employment or engagement of the PGA Assistant Professional by the Employer. THIS AGREEMENT has been signed on the date appearing at the head of page 1.



SCHEDULE 1

Clause 2 - Appointment and Job Title

Contract Commencement Date …………….............................………… 20…... (See Clause 2.1)

Date of commencement of period of continuous employment ……………........................................................................................... (See Clause 2.3)

Clause 4 - Pay

Salary £………………………… per annum, payable in arrears in [12 equal monthly instalments] or [52 equal weekly instalments] [Delete as appropriate] (See Clause 4.1) Hourly rate equates to £ .......................... per hour [National Minimum Wage or above]

Review Day: on or around ………………………............................. each year (See Clause 4.3)

Clause 5 – Hours of Work

Weekly working hours will be ………………………………….hours per week. The minimum number of working hours will be 30 per week.

Clause 6 - Holidays

Working days paid holiday 20 days per annum, plus Statutory Bank holidays, to include the PGA Assistant Professional's attendance to play at tournaments and championships as set out at sub clause 6.3 where such attendance has been agreed by the Employer in advance.

Holiday pay will be calculated according to the PGA Assistant Professional's basic rate of pay set out above and their normal hours of work set out in clause 5. (See Clause 5)



SCHEDULE 2

Disciplinary and Dismissal Procedure

1.1 Where the facts of a case appear to call for disciplinary action the following procedure will normally be observed:

(a) in cases of minor offences the PGA Assistant Professional will be given a formal oral warning or, if the issue is more serious, a written warning setting out the nature of the offence and the likely consequences of further offences;

(b) further misconduct or more serious offences will warrant a final written warning that a recurrence will lead to suspension or dismissal or some other penalty as the case may be; and

(c) further repetition of misconduct or gross misconduct in the first instance may lead to dismissal dependent upon the nature of the misconduct.

Gross misconduct may result in dismissal without notice.

1.2 If the Employer is contemplating dismissing the PGA Assistant Professional or imposing some other disciplinary penalty that is not suspension on full pay or a warning, then the following procedure may be followed: -

(d) Step 1

The Employer will write a letter and send it to the PGA Assistant Professional, notifying them of their alleged conduct, capability or other circumstances which may result in the Employer dismissing or taking disciplinary action against the PGA Assistant Professional and the basis for that. The letter will invite the PGA Assistant Professional to a meeting with the Employer to discuss the matter.

(e) Step 2

A meeting will take place at which time the PGA Assistant Professional and the Employer will discuss the alleged conduct, capability or other circumstances as set out in the letter. The PGA Assistant Professional has the right to be accompanied by a work colleague or a Trade Union Representative at this meeting. After this meeting, the Employer will notify the PGA Assistant Professional of the outcome of the meeting and, where relevant, of their right to an appeal and the name of the person to whom the appeal should be made. This notification will usually be in writing. If the PGA Assistant Professional chooses not to appeal, the procedure as set out in this Schedule will be deemed to have been concluded.



(f) Step 3

If the PGA Assistant Professional wishes to appeal, they should notify the Employer within 5 working days of receiving notice of the outcome of the disciplinary meeting. An appeal meeting should be arranged and held at which the PGA Assistant Professional has the right to be accompanied by a work colleague. After the appeal meeting the PGA Assistant Professional will be informed of the outcome and this will usually be in writing. Once a decision has been made following the appeal the procedure, as set out in this Schedule, is deemed to have been concluded and there is no further right of appeal.



SCHEDULE 3

Grievance Procedure

1.1 If the PGA Assistant Professional wishes to raise a formal grievance in relation to their employment with the Employer, they should follow the following procedure as a minimum requirement:

a) Step 1

The PGA Assistant Professional should write to the Employer informing the Employer of the details of their grievance.

(b) Step 2

The Employer will consider the PGA Assistant Professional's grievance and arrange a meeting with the PGA Assistant Professional to discuss the grievance. The PGA Assistant Professional will have the right to be accompanied at that meeting by a work colleague or a Trade Union Representative. After this meeting the Employer will notify the PGA Assistant Professional, usually in writing, of the outcome and, where relevant, of the PGA Assistant Professional's right to an appeal. The PGA Assistant Professional must take all reasonable steps to attend this meeting.

(c ) Step 3

If the PGA Assistant Professional is dissatisfied with the outcome of the initial meeting, they should notify the Employer that they wish to appeal within 5 working days of receipt of the outcome of the grievance process. The Employer will arrange an appeal meeting, at which the PGA Assistant Professional has the right to be accompanied by a work colleague or a Trade Union Representative.. After the appeal meeting, the PGA Assistant Professional will be notified of the final outcome and this will usually be in writing.

SCHEDULE 4

ROLES AND RESPONSIBILITIES

OF TRAINING PROFESSIONAL, ASSISTANT AND ACADEMY

ELEMENTS OF TRAINING

Employer (in conjunction with the PGA Professional) PGA Assistant Professional PGA Training Academy

1 GENERAL

1.1 • Provide the Assistant with the support needed to become a PGA Professional

• Be aware of all rules and regulations pertaining to training.

• Be responsible for all assistant’s ‘on the job’ training.

• Inform PGA of any change in circumstance to him/herself and his/her assistant.

• Work through the Training Programme and with the Training Professional to learn what it means to be a PGA Professional

• Familiarise self with the Student Handbook and all communicated material received from the PGA.

• Take responsibility of own training and education.

• Inform PGA of any change to personal circumstances e.g. e-mail address, mobile phone etc.

• Deliver the Training Programme, provide support and assess the skills and knowledge of the Assistant.

• Ensure Professionals and Assistants are fully aware of all their roles and responsibilities.

• Provide clear documented information.

1.2 MENTORING

• Make contact with assistant’s mentor and develop a supportive relationship for the benefit of the assistant.

• Ensure that regular contact is maintained between self and mentor.

• Provide Mentor Training and updates on an annual basis.

• Ensure mentors make regular contact with assistants at crucial times during the course.

• Develop best pastoral care service possible.




2 FOUNDATION DEGREE

2.1 DISTANCE LEARNING

• Encourage Assistant to work regularly through material

• Check progress monthly • Provide opportunities to discuss issues • Direct Assistant to other support where

needed

• Work through Distance Learning Material regularly in own time and develop understanding of topics and concepts

• Ensure do not fall behind monthly schedule • Discuss issues with significant others

(Professional, Colleagues, Mentor) • Use support provided where needed

• Provide Distance Learning Material in a format that is user friendly, informative, relevant and challenging

• Structure material into logical monthly segments

• Create opportunities within work for reflection and discussion

• Provide a support network of staff tutors, mentors and Training Executives

2.2 RESIDENTIALS

• Ensure Assistant is prepared for Residential

• Check Assistant is up to date • Give Assistant time off with pay to attend

residential • Ensure Assistant understands obligations

of Residential

• Be prepared for residential and ensure all tools, kit and equipment are taken

• Be at appropriate part of Distance Learning • Check with training Professional for

appropriate date • Understand obligations of residential

• Provide appropriate learning programme, food and accommodation

• Ensure Staff Tutors are well prepared and understand material

• Prepare presentations, handouts and resources

• Maintain a supportive learning environment and deal with any disruptive elements

2.3 ASSIGNMENTS

• Where appropriate broadly discuss topic with Assistant

• Ensure (as far as reasonable) that assignment is the Assistant’s own work

• Complete assignments to best of their ability • Follow rules of collusion and plagiarism • Submit on time or if appropriate request

extensions according to regulations

• Set assignments in accordance with module guidelines and learning outcomes

• Ensure questions set are logical and can be reasonably answered in work length




• Discuss results with training Professional and Mentor

• Provide suitably qualified and experienced markers and verifiers

• Mark and verify assignments • Provide mark and comprehensive feedback • Return within 8 weeks of submission date

2.4 EXAMINATIONS

• Encourage Assistant to prepare thoroughly for exams

• Give Assistant time off with pay to attend exams

• Prepare thoroughly for exams • Book exam venue and date with Academy • Book time off to attend exams • Attend exam venue and be on time for each

exam • Follow all exam procedures and rules • Discuss results with Professional and Mentor

• Provide an appropriately equipped exam venue

• Inform well in advance of dates and venue • Prepare exams according to module and

learning outcomes • Ensure all exams are fair and fit for purpose • Provide suitably qualified and experienced

examiners, markers and verifiers • Ensure exams are run in a fair and

supportive manner • Mark, verify and return results within

published timeframe

2.5 WORK EXPERIENCE

• Provide environment and opportunities for Assistant to gain suitable experience in:

o Retail o Customer service o Repairs o Custom fitting o Customising clubs o Teaching and coaching o Rules o Tournament organisation and

• Gain experience in: o Retail o Customer service o Repairs o Custom fitting o Customising clubs o Teaching and coaching o Rules o Tournament organisation and

management

• Maintain a database of eligible PGA Training Professionals

• Update and amend this database as necessary

• Provide Mentor support




management o Handicapping systems

• Develop the skills of the Assistant in all areas of the Profession over the training period

• Discuss the Assistant’s performance and areas that need improvement

• Maintain the working environments appropriate for each aspect

• Keep abreast of developments and enable Assistant to develop understanding

• Insist on Professional standards at all times including but not limited to appearance, time keeping, inter-personal skills, language

o Handicapping systems • Strive to continuously develop skills in all

areas of the profession • Discuss personal performance with training

Professional and seek to improve where needed

• Use own time to improve skills and experience • Look for opportunities to advise on new

practices • Maintain Professional standards at all times

including but not limited to appearance, time keeping, inter-personal skills, language

3 UKCC

3.1 DISTANCE LEARNING

• Encourage Assistant to work through material

• Discuss content of distance learning and encourage reflection and application to practical coaching

• Work through the material • Reflect on content and discuss with significant

others • Apply the areas learned to practical coaching

session

• Prepare distance learning material that is current and appropriate to the learning outcomes of the qualification

• Send distance learning material to the Assistant within the published period

3.2 LEARNING PROGRAMME




• Encourage Assistant to be fully prepared for learning programme sessions

• Give Assistant time off with pay to attend learning programme

• Discuss learning programme and Assistant’s progress after event

• Prepare for learning programme sessions • Book time off with Professional giving plenty

of notice • Discuss learning programme content with

Professional

• Deliver a structured learning programme that meets the outcomes of the qualification

• Provide tutors who have the skills and qualities appropriate to their position

• Provide a suitable environment for learning

3.3 COACHING PRACTICE

• Enable Assistant to observe coaching sessions

• Develop Assistant involvement in coaching sessions in a structured way

• As Assistant’s skills and experience develop give more responsibility in coaching sessions

• Observe Assistant coach and give constructive feedback

• Provide coaching opportunities

• Observe a range of coaches and coaching sessions

• Become involved in coaching first as an Assistant coach and gradually take more responsibility for sessions

• When appropriate and with agreement of Professional coach individuals and groups

• Provide a log book to record details of coaching sessions

3.4 ASSESSMENT

• Encourage Assistant to practice and prepare for assessment

• Ensure as far as possible that the Assistant is prepared for assessment

• Check results and provide support for next stage

• Practice and prepare for assessment • Ensure fully prepared for all aspects of

assessment • Discuss results with Professional and move on

to next stage where appropriate

• Provide suitably trained assessors and verifiers

• Produce a multiple choice exam that assesses the learning outcomes

• Maintain an objective assessment of the coaches skills

• Ensure the assessment is fair and free from bias

• Provide an appeals process

4 FIRST AID




• Encourage Assistant to book on a suitable First Aid course

• Ensure Assistant completes First Aid course and maintains qualification

• Complete suitable First Aid Course • Provide Academy with evidence of completion

of First Aid course • Maintain qualification

• Provide golf specific First Aid course through PGA CPD programme

• Record completion of First Aid course by Assistant

5 SAFEGUARDING CHILDREN IN SPORT

• Ensure Assistant completes course and log certificate

• Advise Assistant on dealing appropriately with children

• Maintain own knowledge and qualification • Ensure Assistant carries out duties with

children in an appropriate manner

• Agree to CRB checking • Attend a Safeguarding Children in Sport

Workshop • Complete course and log certificate with

Professional • Keep up to date with best practice • Always deal with children in an appropriate

manner

• Provide course as part of Year 1 residential programme

• Record completion of course • Update Assistant and Professional of any

material changes to PCIS

6 TOURNAMENT PLAY

6.1 Practice and Preparation

• Encourage and monitor Assistant’s practice and preparation for tournaments

• Provide appropriate support and advice • Identify coaching support where necessary

• Make time to practice to improve performance in tournaments

• Prepare in a Professional way for each tournament

• Seek appropriate support to develop performance

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6.2 Playing

• Encourage Assistant to play in required number of PGA events each year

• Enter and play in required number of rounds each year

• Provide sufficient tournaments through the PGA at National, Regional and County level for Assistant to access within GB&I.




• Help Assistant to identify and enter appropriate events

• Allow Assistant to book time off (without pay) to play in events

• Book courtesy rounds for Assistant • Ensure that the Assistant has access to a

playing facility

• Discuss entries with Professional and book time off (without pay) to play

• Book any courtesy rounds through Professional and observe etiquette at all times

• Play in a manner appropriate to a PGA Professional

• Maintain a level of playing standard by regular participation which is equal to or higher than entry standard for the PGA Training Programme

6.3 Scores and Record Cards

• Monitor Assistant’s scores • Provide appropriate support and

encouragement • Ensure record cards are completed and

returned to Academy

• Produce record card at each tournament • Discuss scores with Professional • Submit cards to Academy by deadline

• Receive, verify and record scores.

SIGNED by the PGA Assistant Professional )

Date )

SIGNED by the Employer )

Date )

Drafting Notes to accompany the PGA Standard … · PGA Contract No.5 Drafting Notes/ Golf Club and...

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Transcript of Drafting Notes to accompany the PGA Standard … · PGA Contract No.5 Drafting Notes/ Golf Club and...