CONTRACT OF EMPLOYMENT
Dated
3.1 The Employment [begins /began] on
The Employee’s period of continuous employment for statutory purposes [begins/began] on
Job Title as advised by employing manager
Job Title as advised by employing manager
7.2 The Employer reserves the right to alter the time, method and frequency of payment on giving reasonable notice to the Employee.
8 Bonus
No Scheme
9 Hours of work
9.1 Due to the nature of the Employee’s role his/her normal hours of work may vary on a week-by-week basis. The typical weekly shift pattern will be 5 days. All shifts will be worked Monday to Sunday. Due to the nature of the Employee’s duties unsociable hours, weekends and bank holidays are considered to be normal hours of work and he/she will be required to work at these times. The Employee is required to work such additional hours as are necessary for the proper performance of his/her duties. The Employee acknowledges that he/she shall not receive further remuneration in respect of such additional hours. The Employer reserves the right to vary the Employee’s normal hours of work on reasonable notice to the Employee.
9.2 The 48 hour limit on average weekly working time set out in the Working Time Regulations 1998 shall not apply to the Employment. The Employee is entitled to withdraw his agreement that the 48-hour limit shall not apply to the Employment by giving the Employer not less than three months’ prior written notice.
10 Holiday entitlement
10.1 The Employee shall be entitled to 28 days' paid holiday in each holiday year (calculated on a pro rata basis for those who work part-time) which shall include the usual public holidays in England and Wales.
10.2 The Employer’s holiday year runs from April to March. The Employee shall be permitted to take holiday only where he/she has sought and received prior authorisation according to the Employer’s rules as specified in the Employee handbook. The Employer may require the Employee to take holiday on specific days which the Employer shall notify to the Employee in advance.
10.3 The Employer shall pay the Employee’s normal salary for holidays based on a weekly average of the last 12 months. The Employee shall have no entitlement to any payment in lieu of accrued but untaken holiday except on termination of the Employment. If the Employment ends during the holiday year, holiday entitlement up to the termination date shall be calculated on the basis of half a day for each complete week worked in the year. If the Employee has taken more holiday than his entitlement, the Employer shall make a deduction from the final salary payment on the basis of 1/520th of salary for each half day taken in excess of the entitlement. If the Employee has taken fewer holidays than his entitlement the Employer will pay in respect of the untaken holiday 1/520th of the salary for each half day of the entitlement not taken.
10.4 If either party has served notice to terminate the Employment, the Employer may require the Employee to take or not to take any accrued but unused holiday entitlement during the notice period.
10.5 During any continuous period of absence due to Incapacity of one month or more the Employee shall not accrue holiday under this contract and the Employee's entitlement under clause 9.1 for the holiday year in which such absence takes place shall be reduced pro rata save that it shall not fall below the Employee's entitlement under the Working Time Regulations 1998.
11 Incapacity and sick pay
11.1 If the Employee is unable to attend work because of Incapacity, the Employer will pay the Employee Statutory Sick pay only, in accordance with rules of the legislative scheme.
11.2 The Employee shall comply with the rules for notifying the Employer that he will be absent because of Incapacity, which are in the Employee Handbook. The Employee agrees to consent to a medical examination (at the Employer’s expense) by a doctor nominated by the Employer. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Employer and the Employer may discuss the contents of the report with the relevant doctor.
Scheme after they have been employed by the Employer for three months. Within a month of being enrolled in the Scheme, the Employee can send an opt-out form if they do not wish to be in the Scheme. If they do not opt out, the Employer will deduct the Employee’s contributions to the pension scheme from what they pay the Employee. Current details of the Scheme and the Employee’s rights relating to it, and of Employee’s and the Employer’s contributions, will be provided separately.
13 Termination of the Employment
13.1 Following completion of the probationary period referred to in clause 4, t/T]he Employer may bring the Employment to an end by giving the Employee written notice as follows –
Length of service Notice
Less than 5 years 1 week
5 years or more but less than 12 years 2 weeks
12 years or more 4 weeks
and the Employee may bring the Employment to an end by giving the Employer one weeks’ written notice.
13.2 Notwithstanding clause 13.1, the Employer may, in its sole and absolute discretion, end the Employment at any time and with immediate effect by notifying the Employee that it is exercising its right under this clause 13.2 and that it will make within 28 days a payment in lieu of notice (Payment in Lieu), or the first instalment of any Payment in Lieu, to the Employee. This Payment in Lieu will be equal to the basic salary (as at the date of termination) which the Employee would have been entitled to receive under this Contract during the notice period referred to at clause 13.1 (or, if notice has already been given, during the remainder of the notice period) less income tax and National Insurance contributions. For the avoidance of doubt, the Payment in Lieu shall not include any element in relation to:
- any bonus or commission payments that might otherwise have been due during the period for which the Payment in Lieu is made;
- any payment in respect of benefits which the Employee would have been entitled to receive during the period for which the Payment in Lieu is made; and
- any payment in respect of any holiday entitlement that would have accrued during the period for which the Payment in Lieu is made.
13.3 The Employer may pay any sums due under clause 13.2 in equal monthly instalments until the date on which the notice period referred to at clause 13.1 would have expired if notice had been given.
13.4 The Employee shall have no right to receive a Payment in Lieu unless the Employer has exercised its discretion in clause 13.2. Nothing in this clause 13 shall prevent the Employer from terminating the Employment in breach.
13.5 Notwithstanding clause 13.2, the Employee shall not be entitled to any Payment in Lieu if the Employer would otherwise have been entitled to terminate the Employment without notice in accordance with clause 13.6. In that case the Employer shall also be entitled to recover from the Employee any Payment in Lieu (or instalments thereof) already made.
13.6 The Employer may also terminate the Employment with immediate effect without notice and with no liability to make any further payment to the Employee (other than in respect of amounts accrued due at the date of termination) if the Employee:
- is guilty of any gross misconduct affecting the business of the Employer;
- commits any serious or repeated breach or non-observance of any of the provisions of this Contract or refuses or neglects to comply with any reasonable and lawful directions of the Employer;
- is negligent and incompetent in the performance of his duties;
- is declared bankrupt or makes any arrangement with or for the benefit of his creditors or has a county court administration order made against him under the County Court Act 1984;
- is convicted of any criminal offence (other than an offence under any road traffic legislation in the United Kingdom or elsewhere for which a fine or non-custodial penalty is imposed);
- ceases to be eligible to work in the United Kingdom;
- is guilty of any fraud or dishonesty or acts in any manner which in the opinion of the Employer brings or is likely to bring the Employee or the Employer into disrepute or is materially adverse to the interests of the Employer;
- is in breach of the Employer’s anti-corruption and bribery policy and related procedures;
- is guilty of a serious breach of any rules issued by the Employer from time to time regarding its electronic communications systems.
13.7 The rights of the Employer under clause 13.6 are without prejudice to any other rights that it might have at law to terminate the Employment or to accept any breach of this Contract by the Employee as having brought the Contract to an end. Any delay by the Employer in exercising its rights to terminate shall not constitute a waiver thereof.
14 Obligations on termination
14.1 On termination of the Employment (howsoever arising) the Employee shall:
- immediately deliver to the Employer all documents, books, materials, records, correspondence, papers and information (on whatever media and wherever located) relating to the business or affairs of the Employer, any keys, [credit card] and any other property of the Employer, which is in his/her possession or under his/her control;
- irretrievably delete any information relating to the business of the Employer stored on any magnetic or optical disk or memory and all matter derived from such sources which is in his/her possession or under his/her control outside the Employer's premises; and
- provide a signed statement that he has complied fully with his/her obligations under this clause 14.1 together with such reasonable evidence of compliance as the Employer may request.
15 Garden Leave
15.1 Where notice to terminate the Employment has been given by the Employer or by the Employee or if the Employee purports to resign without giving notice or by giving shorter notice than required by this Contract then provided that the Employer continues to pay the basic salary in accordance with clause 6.1 until the ending of the Employment the Employer shall be entitled in its absolute discretion to require the Employee:
- not to carry out his/her duties or to exercise his/her responsibilities under this Contract during the remaining notice period (or any part of such period); and/or
- not to attend his/her place of work or any other premises of the Employer during the remaining period of the Employment (or any part of such period); and/or
- not to make contact with any employees, suppliers, agents or customers or clients of the Employer except as directed by the Employer during the remaining notice period (or any part of such period); and/or
- to work from home and/or carry out exceptional duties or special projects outside the normal scope of his/her duties and responsibilities; and/or
- to abide by his/her obligation of good faith and fidelity.
15.2 For the avoidance of doubt the Employee agrees that he/she shall not provide services to any third party or prepare to provide such services during any Garden Leave.
16 Disciplinary and grievance procedures
16.1 The Employee is subject to the Company's disciplinary and grievance procedures, which are included in the Employee Handbook issued to the Employee. These procedures do not form part of the Contract.
16.2 If the Employee wishes to raise a grievance, he/she may apply in writing to The Area Manager in accordance with the Employer's grievance procedure.
16.3 If the Employee wishes to appeal against a disciplinary decision he/she may apply in writing to The Managing Director in accordance with the Employer's disciplinary procedure.
16.4 The Employer may suspend the Employee from any or all of his/her duties during any period in which the Employer is investigating any disciplinary matter involving the Employee or while any disciplinary procedure against the Employee is outstanding.
16.5 During any period of suspension:
- the Employee shall continue to receive his/her basic salary and all contractual benefits in the usual way and subject to the terms of any benefit arrangement;
- the Employee shall remain an employee of the Employer and bound by the terms of this Contract;
- the Employee shall ensure that Area Manager knows where he/she will be and how he/she can be contacted during each working day (except during any periods taken as holiday in the usual way);
- the Employer may exclude the Employee from his/her place of work or any other premises of the Employer; and
- the Employer may require the Employee not to contact or deal with (or attempt to contact or deal with) any officer or employee of the Employer (save in accordance with arrangements made by the Employer) or any consultant, client, customer, supplier, agent, distributor, shareholder, adviser or other business contact of the Employer.
The Employer may require the Employee to work at any of its premises in the United Kingdom either on a temporary or a permanent basis. The Employer shall give the Employee reasonable notice of any requirement to change his/her place of work.
The Employer will not require the Employee to work outside the United Kingdom for a period of more than one month.
18 Outside interests
Save with the prior written permission of the Employer, the Employee shall not during his/her employment be involved in any business or activity which in the view of the Employer affects his/her ability to devote the whole of his/her time and attention during working hours to the Employer’s business or conflicts with the interests of or causes damage to the goodwill of the Employer. The Employee shall give the Employer full details of such involvement. Failure to do so shall be regarded as a disciplinary matter by the Employer and dealt with accordingly.
19 Confidentiality
19.1 The Employee acknowledges that in the course of the Employment he/she will have access to and be entrusted with information related to the business, finance, processes, plans, clients, customers or affairs of the Employer and that such information may be confidential and important to the Employer. In this Contract such information is referred to as “Confidential Information” and includes, but is not limited to: information indicated as confidential or secret; information which is confidential or secret to the Employer; information relating to the Employer which a reasonable person would conclude on balance was intended or likely to be regarded as confidential; and information given to the Employer in confidence by another party likely to be or which a reasonable person would conclude on balance was intended or likely to be regarded as confidential by that other party.
19.2 The Employee acknowledges that the disclosure (directly or indirectly) of any Confidential Information to actual or potential competitors of the Employer or to the press or other media or to the public or any part of it would place the Employer at a disadvantage and would damage its business.
19.3 The Employee will not without the prior written consent of the Employer other than in the proper performance of his/her duties under this Contract either during the Employment or at any time after its termination: disclose to any person; or use for his/her own purposes; or communicate to or place at the disposal of any medium of publication including the press and broadcasting media; or through any failure to exercise all due care and diligence cause or permit any unauthorised disclosure of any Confidential Information. These restrictions shall cease to apply to information which (otherwise than through the act or default of the Employee) becomes available to the public generally.
20 Restrictions
20.1 The Employee will not without the Employer’s prior written consent whether by himself/herself or on behalf of any other person firm company or organisation whether directly or indirectly during the Employment and within a 1 mile radius for the period of six months following the ending of the Employment:
- in competition with the Employer solicit or seek to obtain orders for Restricted Services or Restricted Products from any Restricted Customer or Prospective Customer;
- in competition with the Employer work for or deal with or provide or seek to provide or seek to reach agreement for the provision of any Restricted Services or Restricted Products to any Restricted Customer or Prospective Customer;
- persuade or attempt to persuade any Restricted Employee to terminate his or her employment with the Employer or to do anything which if done by the Employee would be a breach of this Contract;
- cause or encourage any of the Employer’s suppliers, agents or advisers to cease delay restrict or reduce its or their supplies services or advice to the Employer;
- cause or encourage any of the Employer’s Restricted Customers or Prospective Customers to reduce or not do business with the Employer;
- in competition with the Employer employ or be employed by or enter into any business relationship with a Restricted Employee.
20.2 Each of the restrictions set out in this clause 20 are separate and severable and enforceable accordingly.
20.3 In this clause 20, the following words and phrases shall have the following meanings:
“Restricted Customer” means any person, firm or company who at any time during the six months immediately preceding the ending of the Employment is or was a client or customer of the Employer for the sale or supply of Restricted Services or Restricted Products or in the habit of dealing with the Employer for the sale or supply of Restricted Services or Restricted Products and with whom the Employee had personal dealing during the course of the Employment.
“Restricted Employee” means any person employed by the Employer at the date on which the Employment ended or in the 12 months prior to that date with whom the Employee had some material dealing and who is or was employed in a management or other senior capacity.
“Restricted Products” means products of the same kind or of a materially similar kind as those provided by the Employer during the 12 months immediately prior to the ending of the Employment and about which the Employee had some knowledge.
“Restricted Services” means services of the same kind or of a materially similar kind as those provided by the Employer during the 12 months immediately prior to the ending of the Employment and about which the Employee had some knowledge.
“Prospective Customer” means a person who is not a customer or client of the Employer but has been approached on behalf of or has approached the Employer within the four months prior to termination of the Employment with a view to buying any Restricted Products or Restricted Services from the Employer and who is not already a customer or client of the employer of the Employee at the relevant time for Restricted Products or Restricted Services.
21 Intellectual property rights
All Intellectual Property rights resulting from and connected with work done by the Employee in the course of the Employment shall belong to the Employer. The Employee shall sign all documents and do all things as shall be necessary to vest Intellectual Property in the Employer. In this Contract, the expression ‘Intellectual Property’ includes every invention, process, formula, design, copyright, work in which copyright or design rights may subsist, and moral rights made originated or developed in whole or in part in the course of or in connection with the Employment.
22 Deductions from remuneration
22.1 In the event that the Employee is indebted to the Employer for any amount, the Employer reserves the right at any time during or in any event on termination of the Employment to deduct from the Employee’s remuneration any monies owed to the Employer including but not limited to the following:
- the amount of any overpayment of salary, bonus or other benefits;
- the amount of any overpayment of sick pay;
- the amount of any overpayment of holiday pay;
- outstanding loans and advances;
- any loss or damage to the Employer’s property caused by the wilful act, carelessness or negligence of the Employee;
- any loss or damage suffered by the Employer as a result of the Employee ending the Employment without giving or working the required period of notice, as set out in clause 13.1;
- any shortage or deficiency of stock or cash for which the Employee was responsible.
22.2 In respect of any loss or damage to the Employer’s property, the Employer shall be entitled to deduct the reasonable cost of repair or replacement of such property.
22.3 In respect of any shortage or deficiency of stock or cash, the Employer shall be entitled to deduct an amount equal to the full amount or value of the shortage or stock deficiency.
23 Search
23.1 The Employer reserves the right to search the Employee, and any of the Employee’s property held on the Employer’s premises, including any vehicle parked on the Employer’s property, at any time if there are reasonable grounds 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 the Employer’s rules or this Contract.
23.2 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 the Employee’s property will be regarded as a disciplinary offence.
24 Collective agreement
There is no collective agreement which directly affects the Employee’s employment.
25 Data Protection Act 1998
25.1 The Employee hereby consents to the Employer processing personal data and sensitive personal data relating to the Employee at any time (before, during or after the Employment) to the extent reasonably necessary in connection with:
- the Employer’s personnel, administrative, financial, regulatory, payroll, insurance, pension, employee benefits and other purposes related or ancillary to the Employment or the business of the Employer;
- any merger, sale or acquisition of a company or business in which the Employer is involved or any transfer of any undertaking in which the Employee performs any duty or has any responsibility;
- the operation of the Employer’s sickness policy or pension scheme or to monitor absence;
- any offence committed or alleged to have been committed by the Employee or any related proceedings for the purpose of implementing the Employer’s disciplinary procedures;
- any grievance against the Employee;
- the monitoring of ethnicity within the Employer’s business.
25.2 The Employee shall at all times be responsible for informing the Employer of all changes to the Employee’s personal data, including but not limited to, name, address, marital status, contact details, qualifications and next of kin.
25.3 The Employee shall also be responsible for ensuring that any personal data or sensitive personal data of other employees, including any which the Employee may use or access during the Employment, is kept secure from unauthorised access or disclosure and the Employee shall not discuss or disclose to any person such data except in accordance with the Employer’s Data Protection Policy and the Data Protection Act 1998.
26 Reconstruction and amalgamation
If the Employment is terminated at any time by reason of any reconstruction or amalgamation of the Employer, whether by winding up or otherwise, and the Employee is offered employment with any concern or undertaking involved in or resulting from the reconstruction or amalgamation on terms which (considered in their entirety) are no less favourable to any material extent than the terms of this Contract, the Employee shall have no claim against the Employer or any such undertaking arising out of or connected with the termination.
27 Notices
27.1 A notice given to a party under this Contract shall be in writing in the English language and signed by or on behalf of the party giving it. It shall be delivered by hand or sent to the party at the address given in this Contract or as otherwise notified in writing to the other party.
27.2 Any such notice shall be deemed to have been received:
- if delivered by hand, at the time the notice is left at the address or given to the addressee;
- in the case of pre-paid first class UK post or other next working day delivery service, at 9.00 am on the second business day after posting or at the time recorded by the delivery service.
27.3 A notice shall have effect from the earlier of its actual or deemed receipt by the addressee. For the purpose of calculating deemed receipt:
- all references to time are to local time in the place of deemed receipt; and
- if deemed receipt would occur on a Saturday or Sunday or a public holiday when banks are not open for business, deemed receipt is at 9.00 am on the next business day.
27.4 This clause does not apply to the service of any proceedings or other documents in any legal action.
28 Entire agreement
28.1 This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
28.2 Each party acknowledges that in entering into this Contract it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Contract.
28.3 Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
28.4 Nothing in this clause shall limit or exclude any liability for fraud.
29 Variation
No variation or agreed termination of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
30 Counterparts
30.1 This Contract may be executed in any number of counterparts, each of which when executed [and delivered] shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.
31 Third party rights
No one other than a party to this Contract shall have any right to enforce any of its terms.
32 Governing law and jurisdiction
32.1 This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
32.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
