Contract for the Provision of Chief Coaching Services (Swimming)

Messrs G Owen & Co

CONTRACT FOR THE PROVISION OF CHIEF COACHING SERVICES

CHIEF COACHING PROVISION

DESCRIPTION:

POST: Chief Coach.

(A) ACCOUNTABLE & CONTRACTED TO:

(i) The Chief Coach agrees to provide professional coaching services to the Club as an independent self-employed contractee upon the terms and conditions contained herein and not as a servant of the Club; and

(ii) Any Sub-Committee appointed to manage the day-to-day affairs of the Club relating to the appointment and relating personnel matters of all person(s) engaged under a Contract for the Provision of Coaching Services by the Club, in the first instance; and

(iii) the Management and Executive Committee of the Club, (as annually elected).

(B) CHIEF COACHING PROVISION - PERSON SPECIFICATION: The person appointed will be someone with a proven commitment to professional Chief Coaching and with a desire to be part of a Chief Coaching team involved with the development of Newham as a centre of swimming excellence. The appointee will be of a pleasant disposition and be able to relate to others from a wide range of age groups and backgrounds.

(C) CHIEF COACH PROVISIONS - SUMMARY: The [Insert Name of Club} Club was formed in [Insert date].

The position of Chief Coach was first introduced in [Insert Date]. This followed careful planning and consultation over a six month period, during which time the view of parent(s)/guardian(s) and Local Authority were sought as to how they perceived the Clubs future development.

The Chief Coach will play a central role as part of a team in furthering the Clubs philosophy and ethos, embedded and contained within the Clubs Constitution and Development Plan, which includes encouragement of swimmers of all ages and abilities, by its’ active involvement and provision of facilities, to achieve their full swimming potential.

(D) CONTRACT SPECIFICATION: The following are the essential and desirable attributes required of the Chief Coach to carry out the duties specified in the Contract Specification:-

1.1. Minimum of ASA Club Coaches 1.1.2. ASA Chief Coaches Certificate

1.2. Commitment to train for Bronze 1.2.2. Bronze Medallion
medallion

2.1. Coaching of swimmers over a wide 2.1.1. Chief Coaching of top level swimmers over a recent two year period.
range of abilities, (up to and
including National Standard), and
age groups.

2.2. Representation of Swimming Teams 2.2.2. Representation of Swimming Teams at venues in the UK & abroad.
at Open Meets & Galas.

2.3. Organisation and promotion of 2.3.3. Organisation & promotion of Swim Clinics.
swimming fund raising events.

2.4. Team selection for competitive events 2.4.4. Team selection for events at County & National Level.
at local level.

3.1. Psychology of sport, including 3.1.5. Sports Science, gained through formal recognised qualification.
motivation and goal setting.

3.2. Local Authority systems,
Committee(s) & Sub-Committee(s) 3.2.6. Organisation of swimming on a Borough-wide basis.

4.1. Fluency in communication, both 4.1.7. Promotion, publicity and Sponsorship of swimming events.
oral and written.

4.2. Full day-to-day running and coaching 4.2.8. Long term position as Coach - (two years).
responsibility of a swimming Club.

4.3. Demonstrate a strategy for the 4.3.9. Chief Coaching experience related to a Club having strong sections at
inclusion of swimmers of all Beginners, Intermediate, Advanced and Master categories.
aptitudes and levels in a Club
programme.

4.4. Ability to apply for Grant Aid from 4.4.10. Evidence of obtaining Sponsorship/funding from outside Agencies.
actual and potential funding sources
including the Local Authority,
ostensibly Leisure Services Department.

PRINCIPAL TERMS & CONDITIONS OF CONTRACT:

1. Place and Hours Contracted to work | Holiday/Leave:

1.1. The Chief Coach will be required to work at each of the Borough Leisure Centres, as exist at the time and from which the Club decides to operate its swimming facilities. The Centres currently are (a) [Insert name(s) & Address(es) of Centre at which the Club operates].

1.2. The Chief Coach is contracted to work and make themselves available weekly : Monday-Sunday. The weekly hours of work are equivalent to 36 hours, but may be subject to variation, (11 hours minimum swimming coaching, and the remainder discharging the day-to-day duties, administration and other tasks required to properly and efficient run the Club), all as agreed with the Chief Coach and the Clubs Committee. The exact amount of apportioned time to each role shall be clearly identified and mutually agreed between the Chief Coach and the Clubs Committee within the annual Development Plan. These hours shall coincide with the schools academic terms that are applicable to the Chief Coach. This is, however, without prejudice and the Club reserves the right to re-negotiate duties outside of coaching should the volume of work pertaining to administration become arduous or too considerable, necessitating the Club to have to consider a separate engagement of a person to undertake these tasks under a contract, and/or by the Clubs Committee.

1.3. The hours of operating are subject to change and the Club reserves the right to further contract and vary the Chief Coachs starting and finishing times while not increasing the Chief Coach’s overall average working week, as above. The Chief Coach may, however, be required to contracted to work such times/hours, including weekends, public holidays and evenings according to the needs and exigencies of the service.

1.4. The provision of coaching services by the Chief Coach is on a full-time basis and provides the following contractual annual leave and holidays:-

(a) Annual Leave: The basic contractual annual leave is 22 days per annum, from the 1st.,April, to the 31st.,March, (pro-rata during the first year of service). The contractual leave increases to 24 days after 3 years service and 27 days after 5 years of service.

(b) Public Holidays: The Club is generally closed on public holidays and any other declared national holidays. In addition, the Chief Coach will receive three extra days holiday as follows:-

One day, which may be taken with the Easter holiday and Spring bank holiday;

One day at summer bank holiday.

[These extra days must be taken either during the week immediately preceding or following the Bank holiday].

The third extra day is fixed during the Christmas holiday period and any necessary additional days contractual leave will be granted to enable the Club to close between Christmas day and New Years day inclusive.

1.5. When the Chief Coach is absent or when unable to attend to providing coaching services properly due to leave s/he must find a replacement Chief Coach to substitute for him/her. S/he must ensure that the replacement is capable and ready to take his/her place. The replacement coach must be a member of the Institute of Swimming Teachers & Chief Coaches Limited, or as required by the ASA. The Chief Coach is responsible for the performance of his/her replacement, (as distinct from behaviour and conduct which shall be the sole responsibility of the individual(s) concerned).

2. Fee/Pay + Tax & NHI & Pension:

2.1. The contracted fee for the post shall be at a hourly rate equivalent to Scale 6, (scale point 26), including Outer London Weighting Allowance, and subject to satisfactory service, rising by one annual increment each year to the maximum spinal column point for that grade, (scale point 28). This shall normally be payable monthly and on or about the 15th of each month, for the complete calendar month by direct debit to the Chief Coachs Bank or Building Society account, except for any final fee payment which will be paid on the last day of service with the Club. Alternative arrangements can be made by prior mutual agreement and arrangement with the Club. To this end the Chief Coach is required to maintain a suitable Bank/Building Society account into which payment can be made and to provide such relevant details to the Club to facilitate the same.

2.2. The Chief Coach accepts this Contract on the clear understanding that the above payment is made gross and that s/he will bear totally, fully and exclusively responsibility to calculate and pay all apportioned monies owed to the HM Revenue & Customs (HMRC) and Contributions Agency/Department of Health & Social Security in respect of income tax and National Insurance contribution and discharge any other such costs that may be required by Law to be paid; and to facilitate plus pay this direct. To this end the Chief Coach will be required to comply with all regulations pertaining thereto and provide the Club via the Hon Treasurer with certified copy(ies) of any exemption card/certificate and/or tax reference + code + Contributions Agency DHSS National Insurance number for records in the event of being called upon to qualify gross payment(s) to the Chief Coach. It is further understood that the Chief Coach under this Contract must be comprehensively completed, and comply with the requirements of any forms required by the Inland Revenue or Contributions Agency/ DHSS and to submit them direct for attention, e.g. Contributions Agency/DHSS | HM Revenue & Customs (HMRC) - Form “CWF1” - “Notification of Self-employment”.

2.3. It is clearly understood that no increase in fee shall be automatic based around assumptions viz, having reached the top of the equivalent grade spinal column above, or simply because of added duties or increased membership but must be coherently discussed, determined and agreed by the Committee. It must have regard to the financial position of the Club and the ability to meet any added fee comfortably without adversely affecting the growth, finance or stability of the Club and commensurate with the needs and priorities at any given time.

2.4. This contract is not pensionable and again the Chief Coach must make their own arrangements in this regard.

2.5. As a term of Contract, the Club has the right to make deductions from the fee where there has been, for any reason whatsoever, an overpayment of remuneration, expenses or other emoluments to you, or any other payments in excess of your contractual entitlement or, in the case of expenses, the amount of reimbursement due to you. Where it is intended to make any deductions, the Chief Coach will be notified in advance and will be invited to make any representations you may wish about the matter, including about the frequency and amounts of the deductions. This term of the Chief Coach’s Contract is without prejudice to any deductions which may have been made from your pay in accordance with statutory requirements or court order, or which are made in consequence of disciplinary decision against the Chief Coach, or which are in respect of any other contractual arrangements, or arrangement authorised by the Chief Coach for the payment of sums to third parties, or in respect of any deductions because the Chief Coach partakes in a strike or industrial action.

3. Absence through sickness or injury:

3.1. If the Chief Coach is absent trough sickness or injury, s/he must comply with the Health & Safety requirement for reporting the absence to the Club, (through its Chairperson and/or Hon Secretary, or in the events of not being able to make contact, e.g. no answer on the phone, then to another member of the Management Committee), and with any separate arrangements which are notified to the Chief Coach by the Clubs Committee. The Chief Coach should familiarise themselves requirements and statutory Health & Safety at Work Act under which person(s) engaged under a Contract for the Provision of Chief Coaching Services have a equal duty and responsibility to ensure that it is complied with, in terms of the Chief Coach, Assistant Coach(es), or other person(s) engaged under a Contract for the Provision of Coaching Services, volunteers and members.

3.2. When the Chief Coach is incapable of providing coaching services properly due to illness or injury s/he must find a replacement coach to substitute for him/her. S/he must ensure that the replacement is capable and ready to take his/her place. The replacement coach must be a member of the Institute of Swimming Teachers & Chief Coaches Limited, or as required by the ASA. The Chief Coach is responsible for the performance of his/her replacement, (as distinct from behaviour and conduct which shall be the sole responsibility of the individual(s) concerned).

4. Notice:

4.1. Termination by the Club: Period of Notice:

Before the end of the fourth year
of continuous Contract = 1 Month

For each additional year of
completed service thereafter = 1 Additional Week

After the 12th completed year = 12 Weeks

Termination of the Chief Coach by
the Club at any time during the Contract
for misconduct or disciplinary action = Immediate effect -

[Unless otherwise determined]
[by the Committee or its’ appointed Panel]

4.2. Collective Arrangements: During the Chief Coach’s Contract with the Club, his/her terms and conditions of Contract will be in accordance with the Scheme of Conditions of Service for the National Joint Council for Local Authority Administrative, Professional, Technical and Clerical Services - (NJC), and the Greater London Whitley Council - (GLWC), as adopted by the Club, (to the extent that they apply and effect such a Contract as herein), and as supplemented by the Clubs Conditions for the provision of coaching Services, which is subject to amendment or withdrawal by the Club.

4.3. The NJC agreements directly affecting the Chief Coachs terms and conditions, (as applicable to such a Contract), may currently cover:-

Appointment and promotion;

Chief Coaches pay rate and increases thereafter;

Hours for the provision of contracted services;

Official conduct.

The GLWC agreements directing affecting the Chief Coachs terms and conditions, (as applicable to such a Contract), may currently cover:-

London APT/C fee range.

4.4. This Contract may also be terminated by either party giving to the other Notice, as above, in writing.

4.5. Notices required to be given above by the Club may be signed by the Chairperson of the Committee of the Club for the time being and shall be given to the Chief Coach or sent to the Chief Coach at his/her address unless the Chief Coach has notified a change of address. Notices required to be given by the Chief Coach shall be given to, or sent to the Chairperson of the Committee of the Club for the time being at their known address, or the notified change of address.

4.6. This Contract shall not be determined or affected by any change in the composition of the Club but shall continue to be binding between the Chief Coach and the Club for as long as the Club howsoever Constituted shall continue to carry on it’s activities unless, and until determined as herein provided.

4.7. This Contract replaces all previous agreements, whether written or verbal between the parties which are hereby cancelled.

5. Probationary Period:

The Contract is subject to six months probationary period. At the end of the probationary period and subject to a satisfactory report by the Management & Executive Committee of the Club, the Chief Coach will continue in accordance with the Contract for the Provision of Coaching Services, until terminated by either side, as contained in this Contract.

6. Disciplinary Rules:

6.1. Disciplinary Procedure: The Chief Coach has the right to apply in writing to the Club’s Committee and/or its appointed Sub-Committee/Officer(s) if s/he is dissatisfied within any disciplinary decision relating to them.

6.2. Grievance Procedure: The Chief Coach also has the right to apply in writing to the Clubs Committee and/or its appointed Sub-Committee/Officer(s) for the purposes of seeking redress of any grievance relating to their Contract.

6.3. Alcohol: Chief Coachs who are engaged under a Contract for the Provision of Coaching Services should not consume alcohol prior to or whilst working, especially for Health & Safety reasons and to set a good example to members. Failure to observe this rule will result in disciplinary action.

6.4. Equal Opportunities: In addition to that set out below, [7 (1) to (10) below], it is expected that the Chief Coach will familiarise themselves with the Clubs Equal Opportunities Policy, as may be determined from time to time, and that, during Agreement with the Club, s/he will accept, agree and adhere to it. The Chief Coach is expected to understand that the Club has a duty to uphold the Law and to protect contracted persons under a Contract for the Provision of Services, volunteers and members plus the community it exists to serve from acts of discrimination, victimisation and harassment. Person(s) engaged under the Contract for the Provision of Coaching Services, volunteers and members of the Club can, by apparent or subtle means suffer discrimination because of Race, Gender, Age, Martial Status, being Lesbian or Gay, Disability, religion, of contracting HIV Positive or AIDS or any other unjustifiable grounds and this is unacceptable under the Clubs Equal Opportunities Policy and Disciplinary Rules. Such discrimination, victimisation or harassment by a person engaged under the Contract for the Provision of Coaching Services by the Club is considered gross misconduct under its Disciplinary Rules and will be dealt with seriously by the Committee.

6.5. Throughout the entire period of the Contract by the Club with the Chief Coach, it is clearly understood that the s/he shall be subject to, and bound by ASA Laws; the ASA/ ISTC & BSCTA/ GMU Codes of Conduct Policy(ies), Statements and Code of Ethics.

6.6. The provision of this Contract is subject also to the provisions of the Child Protection Act and is not exempt for disclosure under the Rehabilitation of Offenders Act; the Chief Coach shall abide by the ASA Child Protection Procedures; & CRB checks carried out under the requirements of Home Office Circular (86)44, or as legislation may amend from time to time.

6.7. Failure of the Chief Coach under this Contract to adhere to and observe the above will result in instant dismissal.

CONTRACT DESCRIPTION AND PRINCIPAL DUTIES:

7. The Management and Development of the Chief Coaching Team, [with respect to person(s) engaged under a Contract for the Provision of Services, but incorporating parent/guardian members as well, as appropriate].

7.1. To set-up and review the Contract Description or other Coach(es)/Assistant Chief Coach(es) in conjunction with Clubs Committee or its appointed officer(s).

7.2. To directly supervise and be responsible for the any other Coach(es)/Assistant Coach(es) of the Club and parental/Member assistance.

7.3. To ensure the Club provides a regular training programme for other Coach(es)/Assistant Coach(es) and parental/member assistants.

7.4. To represent the views of the Coaching Team and provide feedback at Committee Meetings of the Club.

7.5. To share responsibility with the Clubs Committee, (or its appointed Officer(s), for the short-listing, interviewing and Contract for the Provision of Coaching Services of all Chief Coaches, Assistant Chief Coaches and Teachers, as distinct from contract(s) of employment under PAYE legislation.

7.6. To keep good, accurate and comprehensive records of, and maintain, in collaboration with the Clubs Committee, an inventory of all assets and property belonging to, (or as may be loaned by, from time to time), the Club, including all Land Training Equipment, Swimming Aids, Storage, office/IT equipment, trophies/medals, particularly that possessed by the Chief Coach for the duration of their Contract which must be surrendered back to the Club on ceasing Contract, unless otherwise agreed by the Committee.

7.7. To undertake, (periodically determined by the Committee), a performance review based on criteria agreed by the Committee and contained in the Clubs Development Plan, as current at the time.

7.8. The Chief Coach shall at all times during continuance of this Contract maintain his/her own cost membership of the Institute of Swimming Teachers & Chief Coaches Limited, or as required by the ASA and BSTCA/GMB.

8. Personal Chief Coaches Duties:

8.1. To personally Chief Coach and train members of the Clubs Squad(s), as appropriate Gold, County and National Squads, and in the absence of Assistant Coaches, cover Bronze and Silver Squads - [See also 3.2 above].

8.2. To agree a training/coaching strategy for each Squad/individual swimmer and other coaching person(s) with the Committee and/or its appointed Officer(s).

8.3. To decide, (taking into account the full range of swimming abilities), which swim meets/galas the Club shall enter and to organise the same in collaboration with the Committee.

8.4. To attend swim Meets/Galas, as appropriate and approved by the Committee.

8.5. To identify, in conjunction with the Clubs Committee, training requirements and undertake relevant further training. In the case of instances where funding by the Club is sought, with prior approval of the Committee.

8.6. To maintain a high personal standard of professional coaching and behaviour and to encourage others within the Club to do likewise.

8.7. To maintain detailed records of participation in training and competitive schedules - [See also 10.9 (a) (I) (ii) + (ii) & (b) below].

8.8. To provide the Committee and members/parents/guardians with objective qualification for any decisions made so as to be able to qualify the same so that the Club is neither unreasonably questioned or brought into disrepute by suggestion, allegation or purported prejudice.

8.9. To comply with Health & Safety Regulations, as they exist from time to time at each of the Leisure Centres in Newham plus any other locations at which the Club operates.

8.10. The Chief Coach must maintain confidentiality and sensitivity to all information received or come to his/her attention concerning any member/parent/guardian and not to disclose or discuss this to any other person unless necessary or authorised by the Committee.

8.11. To be aware of and adhere to in respect of swimming and the Club:

(i) Disciplinary procedure(s);
(ii) Disciplinary rules;
(iii) Grievance procedures;
(iv) The Clubs Equal Opportunities Policy;
(v) The Clubs Constitution;
(vi) The Clubs Development Plan;
(vii) The Clubs Handbook;
(viii) ASA Laws and the ASA/ISTC, BSCTA/GMU, BSTCA/GMB Codes of Conduct Policy(ies), Statements and Code of Ethics.

8.12. The Contract between the Club and the Chief Coach is made on the clear and unreserved understanding that the Chief Coach is Contracted to the Club exclusively and shall at no time throughout the period of this Contract undertake any work associated with Chief, or other coaching, or swimming with any other swimming club or similar organisation without the prior knowledge of the entire Committee and explicit recorded in the minutes as approval by them of any other such involvement.

8.13. The Chief Coach must provide his/her own equipment including stopwatch, camcorder, trunks/costume, swim kit and any other devices that s/he can conveniently own and keep for use in his/her sessions.

8.14. The Chief Coach must be conscious of, and maintain copyright protection of any material or information for, or about the Club, (whether written or in data format), and surrender any such papers, material or data, (plus any duplicate copies), to the Club upon termination of this Contract.

8.15. (a) All data is held by the Club and Chief Coach in the strictest of confidence in accordance with the Data Protection Act 1984.

(b) Any member wishing to inspect data held are entitled to do so under the Act and may be requested from the Chief Coach which will then be made available as soon as conveniently possible. A nominal administration fee to cover the cost of producing the data will be levied of £1, payable to the Club.

(c) Certain personal data held on the Clubs computer system(s) may be disclosed by an authorised Club official viz, Chief Coach, as required to any affiliated body in the fulfilment of their requirements, e.g. entry of swimmers details, as required under ASA rules to participate in competitions.

9. Liaison both within and outside the Club/Borough/County - ([Insert Local Authority]):

9.1. To assist progression of swimmers from the Borough’s Learn-to-Swim Programme into the Development Squad.

9.2. To liaise with the development Squad Coach(es) - Learn-to-Swim Teachers and parent(s)/guardian(s).

9.3. To liaise with the Sports Development Officer : (Sports Development Team) and his/her Assistant(s) from the Leisure Services Department, [Insert name of Local Authority] in order to facilitate effective interplay between the Club and the Borough/County.

9.4. To undertake Public Relations duties on behalf of the Club within the Borough/County viz, with schools and Council elected Council Members and Council Officers, as agreed with the Committee in the first instance.

9.5. To liaise and co-operate, (as far as feasible), with the respective Leisure Centre Managers’ for matters relating to the interaction between the Club, its Members and the respective Centres at which the Club may operate from time to time

10. Liaison and Duties in relation to the Club’s Management & Executive Committee:

10.1. To promote Newham as a centre of Swimming Excellence.

10.2. To provide written and verbal reports on the progress of the Club at the Clubs Management & Executive Committee meetings, parent(s)/guardian(s) meetings and at the Annual General Meeting, (and where determined, EGM), through an annual written Report.

10.3. To work with the Clubs Committee to maintain, review and amend, (if necessary), its monitoring policy.

10.5. To undertake such other duties, within the competence of the Chief Coach, as and when may be reasonably required and requested by the Clubs Committee.

10.6. (a) To play a pro-active role in the performance review process;

(b) To fully co-operate with, and participate in an appraisal based upon both this Contract and Development Plan
periodically each year, as undertaken by the Committee or its appointed Officer(s)/Sub-Committee/Panel;

10.7. To ensure that any and all decisions relating to the overall policy and organisation of the Club are first referred to the Committee for approval, save for that pertaining to technical aspects of swimming coaching. This shall include days and times the Club meets for swimming sessions and/or any other issues that may come to light which may affect the Club’s routine organisation;

10.8. To ensure and maintain proper lines of communication between the Chief Coach and the Clubs Committee to avoid disruption or unnecessary controversy.

10.9. (a) The Chief Coach shall provide to Club Members, parent(s)/guardian(s) and Committee, in written, coherent and structured format the following, identifying and explaining:-

(i) Swimmers points scheme;
(ii) Criteria for participating in internal and external meets/galas;
(iii) Basis upon which swimmers are eligible to participate in meets/galas.

(b) The above shall be updated periodically, as necessary, and properly communicated to the Committee and members/parent(s)/guardian(s) so as to avoid confusion, misunderstanding, or challenge, and to ensure that all such requirements are fairly applied to provide each swimmer equal opportunity to participate in all internal & external meets/galas eligible, according to age, swim times, personal appearance, attendance reliability and training attendances.

10.10. To confer and liaise with the Committee, (and where 10.7 above applies, obtain prior approval), to all administrative matters pertaining to the Club with outside bodies/organisations, including grant aid applications so as to ensure and achieve overall awareness by the Committee and attain good lines of communication.

10.11. To ensure that no contracts, agreements or applications are entered into without the prior knowledge and approval of the Club’s Committee. The Chief Coach shall not have the power or authority to engage in such arrangements without this having been properly adhered to.

11. Expenses:

11.1. The Club shall pay proper and reasonable expenses, including travelling, but except for costs to and from the Chief Coachs home to Leisure Centre and other venues at which the Club undertakes activities, and provided for under the Clubs Constitution, subject to the Chief Coach providing the Clubs Hon Treasurer with a pro-forma petty cash voucher, duly signed, attached to which must be a receipt, or receipts for any such expenses - the petty cash voucher must be certified and signed by a member of the Management Committee by way of approval.

11.2. Where a motor vehicle is owned/used by the Chief Coach, s/he shall bear the standing and running expenses, fuel consumption and motor car policy. However, the Club agrees to pay the Chief Coach for such expenses as petrol for travel made by vehicle to venues at which the Club participates in, or organises swimming activities subject to the Chief Coach providing the Clubs Hon Treasurer with a pro-forma petty cash voucher, duly signed, attached to which must be a receipt, or receipts for any such expenses - the petty cash voucher must be certified and signed by a member of the Management Committee by way of approval.

12. Indemnity by the Chief Coach to the Club and Committee:

12.1. The parties hereto declare that it is their intention that the Chief Coach shall have the status of a self-employed person and shall not be entitled to any pension, bonus or other fringe benefits from the Club and it is unequivocally agreed that the Chief Coach shall be responsible for all income, tax liabilities and National Insurance, or similar contributions in respect of his/her fees and the Chief Coach further agrees to indemnify the Club and ASA against all demands for any income tax, penalties and interest made against them in respect of the Chief Coachs services herein and against its’ costs of dealing with such demands or consequential legal action.

The Chief Coach below hereby confirms that s/he has read, understood and accepts this entire Contract for the Provision of Coaching Services above and on the terms and conditions explained herein.

IN WITNESS whereof the Chief Coach and the Club have hereunto affixed their signatures the day and year first before written.

Signed by the }
Chief Coach }
[Insert Name]: }

In the presence of: }

Signed for and on behalf }
of the [Insert name of }
Swimming Club] }

In the Presence of: }

This Contract for the Provision of Chief Coaching Services Description/Specification are not intended to be restrictive or exhaustive and duties may change in response to changing circumstances. These will be discussed with the Chief Coach from time to time as identified by the Committee. The Club reserves the right to make reasonable variations to this Contract for the Provision of Chief Coaching Services.

If any differences shall arise between the parties or their respective representative touching their respective rights or liabilities under this Contract for the Provision of Chief Coaching Services, the matter in dispute shall, subject to the last preceding clause be referred to the determination of a single arbitrator to be agreed upon by the parties, or failing agreement, to a person nominated by the President for the time being of the Law Society of London in a manner provided by the Arbitration Act, or any statutory modification, or re-enactment thereof.

[The Employment Act 2002] includes Regulations to encourage Employers and staff to resolve disputes in the workplace. The Regulations, (see below), introduces minimum procedural standards for handling disputes.

Minimum grievance procedures comes into force on the 1st October 2004 and will automatically apply to all disputes, unless the employer has identical, or better procedures already in place. Employers who do not follow them will have Tribunal awards against them increased 10-50%, and dismissals will be considered automatically unfair.

The procedures state that:

Employees must set out their grievance in writing and send a copy to the Employer.

The Employer must then hold a meeting with the Employee to discuss the grievance.

The Employer must then advise the Employee of its decision and of the Employee’s right of appeal.

The Employee must advise the Employer if s/he wishes to appeal and a further meeting must then be arranged. The Employer must then tell the Employee of their final decision.

Similar procedures are being introduced to cover disciplinary hearings and there will sanctions against Employers who fail to comply with these.

Managers should be trained in ‘conflict management skills’ so they can intervene and defuse disagreements before they escalate, and where a dispute cannot be avoided Employers should consider using ‘mediation’ with an independent third party trying to broker an agreement. Some Employers train members of their own staff as ‘mediators’ but the Centre for Effective Dispute Resolution – (CEDR)