Example Staff Contract - Contract of Employment

This agreement sets out your main terms of your employment and together with the Personal Details in appendix I incorporates the written particulars required by the Employment Rights Act 1996. It supersedes any previous contract of employment that you may have had with The Company. This Agreement takes effect from the commencement date specified below, but your employment shall be treated as continuous from the date service shown below.

It is agreed as follows:

1. Your Work

The nature of the company's business requires you to be flexible in your approach to work in order to serve clients. You may therefore be required, from time to time, to carry out reasonable different and/or additional duties.

2. Salary

2.1 You will be paid an annual salary as specified in Appendix I, Basic Information.

2.2 Your salary will be paid by 12 equal monthly payments in arrears by direct debit into your bank account on the last day of each month or, if this falls at a weekend, the previous working day.

2.3 Your salary will be reviewed annually with effect on 1^st January each year. The review will be based upon the Company's assessment of the pay market for your job and your performance. It may not necessarily result in an increase in salary.

2.4 You will be notified in writing of any change to your salary.

2.5 Your salary includes consideration for a reasonable amount of work outside normal hours. The Company makes overtime payments only in exceptional circumstances. If you are entitled to such payments then your supervisor will notify you separately. Overtime must be applied for before being worked.

3. Deductions

he Company reserves the right in its reasonable discretion to deduct from your pay any sums which you may owe the Company including, without limitation, any overpayments or loans made to you by the Company.

4. Working Hours

4.1 You are expected to attend work regularly and promptly. The Company works a flexible working week to serve its clients. Your normal weekly working hours are 37.5 hours. Your supervisor will discuss with you the normal working hours you are required to work. These may change if so you will be given reasonable notice.

4.2 The European Working Time Directive sets a maximum working week of 48 hours. The Company may occasionally need you to work a working week longer than 48 hours. Such working would be very occasional and where possible with your agreement. By signing this agreement you give your consent to working longer than 48 hours, unless you delete this clause.

5. Holidays

5.1 The Company's holiday year runs from 1st January to 31st December (pro rata). In each holiday year your basic paid holiday entitlement is 20 days in addition to all public holidays. Your holiday pay will be equivalent to your basic salary. During the first 90 days of your employment to avoid interruption to initial familiarisation and training, no holidays may be taken unless approved, in writing, prior to your start date by the Human Resource Manager and the Manager of your department.

5.2 Holiday entitlement only accrues if you are working normally. This means that your holiday entitlement will be reduced pro-rata if you are absent from work on ill-health or other grounds. At the Company's absolute discretion lengthy periods of serious illness (e.g. hospitalisation) may be excused from this requirement.

5.2 All holidays must be taken at times agreed by your manager and with at least three weeks’ prior notification. Not more than two weeks should be taken consecutively unless agreed otherwise and at least 1 full week’s holiday will be taken during the year.

5.3 In exceptional circumstances, to be determined by the Company in its absolute discretion, you may be permitted to carry forward part of your holiday entitlement (maximum 5 days) from one holiday year to the next, but not otherwise. 'Carried over' holidays must be taken by the end of March. You are not entitled to pay in lieu of holiday not taken during a holiday year.

5.4 If you join or leave the Company part way through a holiday year, you will receive holiday entitlement on a pro rata basis according to the number of full calendar months you have completed in that holiday year. Such entitlement may be taken as time off or as a payment in lieu at the Company’s discretion. If holiday already taken exceeds your accrued entitlement on termination of your employment, the Company will require you to repay an amount equivalent to the number of days by which you have exceeded your entitlement. The Company reserves the right to deduct this sum from your final salary payment.

5.5 The Company reserves the right to withhold any accrued holiday pay to which you may have become entitled should you fail to give proper notice of termination of your contract or in the case of summary dismissal by the Company for gross misconduct.

5.6 Further unpaid leave may be granted by the Company at its absolute discretion. There is no entitlement to unpaid leave.

5.7 Maternity Leave. The Company's policy on maternity leave and benefits is at least equal to that offered under statutory legislation. However, as statutory legislation is in a state of constant change you should contact your manager for up-to-date details.

5.8 Parental leave. If your wife or partner has a child either through birth or adoption, you may take two days paid leave, in addition to the annual holiday entitlement, at the time of arrival of the child. The company also recognises your right to take up to 13 weeks unpaid parental leave if your child was born after 15 December 1999:

In blocks or multiples of one week up to age 5 years
after giving 21 days notice
up to a maximum of four weeks leave in a year
subject to postponement by employer for up to 6 months where business cannot cope
but leave cannot be postponed when the employee gives notice to take it immediately after the time the child is born or is placed with the family for adoption.

5.9 The Company may implement specific closure dates at the office, with due notice, and you will be required to assign part of your holiday entitlement for that purpose.

5.9 Jury Service. Should you be required to attend for Jury Service or as a witness in a Court of Law, you will normally be granted paid leave by the Company. This will be your basic salary, less any allowances paid by the Court. You should inform HR Department if you receive any such allowances.

6. Notification of Sickness and Other Absence

6.1 If you are unable to attend work for any reason and your absence has not previously been authorised by the Company you must inform your supervisor or manager, or, in his/her absence, Human Resources of the fact of your absence and the full reasons for it within 30 minutes of your normal start time on each working day of absence until you have provided the Company with a medical certificate. You must also notify the office of the likelihood of your date of return and keep your supervisor informed of your progress.

6.2 If you are absent from work due to sickness or injury which continues for more than seven days (including weekends) you must provide the Company with a medical certificate by the eighth day of sickness or injury. Thereafter medical certificates must be provided to the Company to cover any continued absence.

6.3 Immediately following your return to work after a period of absence which has not previously been authorised by the Company you are required to complete a self-certification form (copies of which are available from your supervisor), stating the dates of and the reason for your absence, including details of sickness on non-working days. This information is required by the Company for calculating Statutory Sick Pay entitlement. Self-certification forms will be retained in the Company's records. Falsification is gross misconduct.

7. Sick Pay

7.1 Statutory Sick Pay (SSP) will be paid in accordance with legislation.

7.2 If you are absent from work due to sickness or injury and comply with the requirements in this Clause and Clause 6 above at its discretion the Company will pay your normal salary, less SSP, for a maximum of 10 working days during any period of 12 months. This is subject to the following conditions:

a) Your line manager must be satisfied that you are genuinely unable to attend work as the result of illness.

b) You must have worked for the Company for at least 12 months.

c) Your absence is not attributable to illness sustained as a result of your own fault or negligence.

c) You are not otherwise insured.

If your service is less than 12 months then sick pay will be paid as follows:

3 months or less service, no sick pay.

3-6 months service, 3 days.

6-9 months service, 6 days.

9-12 months service, 9 days.

7.3 The Company reserves its right to terminate your employment in the event that you are absent for long periods of sickness or have been absent for short but persistent periods of sickness.

7.4 Sick leave is not taken on a day or days adjoining a weekend, Bank Holiday or period of annual leave.

8. Other Benefits

Depending upon your service with the Company you will be entitled to three other benefits, pension, death in service cover and private health insurance. Separated details of these benefits are provided for eligible employees. These benefits are provided by separate outside companies and you will have a separate contract with those companies. The Company may withdraw its contribution to those benefits at any time, without notice.

9. Termination of Employment

9.1 The notice of termination of employment which you are entitled to receive from the Company is one week during the first month of current employment then two weeks in respect of the next five months of your continuous employment and thereafter an additional one weeks notice for each year of continuous employment up to a maximum of 12 weeks notice in total.

9.2 The Company reserves the right to terminate your employment with pay in lieu of notice.

9.2 If notice of termination of this contract has been given, the Company may require you not to attend work or make contact with work colleagues, customers or any other commercial connections for the outstanding notice period.

9.3 You are required to provide an equivalent period of notice as is due to you by the Company, should you wish to terminate your contract.

9.4 Any notice of termination must be in writing.

9.5 The Company’s Normal Retirement Age is 60. Unless you have been notified in writing to the contrary, you will be required to retire at age 60 and your employment will terminate without notice on that date.

10. Grievance Procedure

10.1 If you have a grievance relating to your employment you should raise the matter initially with your immediate supervisor. You may be required to put your grievance in writing. The supervisor will consider your grievance and will then notify you of his/her decision. Every effort will be made to hear a grievance quickly.

10.2 If the decision is not acceptable, you may then refer the matter in writing to a Director of the Company whose decision will be final and binding.

11. Disciplinary Procedure

11.1 When the Company believes an employee has committed a disciplinary offence, the Company will ensure that the matter is dealt with promptly and fairly in accordance with natural justice.

11.2 A copy of the disciplinary procedures applicable to your employment is included in the Staff Handbook. These procedures do not form part of your contract of employment. The disciplinary procedures are intended as guidelines which may be helpful in particular circumstances and the Company reserves the right to leave out any or all of the stages of the disciplinary procedure where it considers it appropriate.

11.3 In cases of gross misconduct the Company reserves the right to dismiss you without notice or pay in lieu.

12. Confidentiality

12.1 You will not (except in the proper course of your duties hereunder) use or divulge or communicate to any person any confidential information which belongs to the Company or any supplier of the Company. Such confidential information includes but is not limited to information concerning the business, accounts, finance or contractual arrangements, market or production research, product development, information about goods and services brought in from suppliers and information about customers of the Company which may come to your knowledge and whether or not received by you directly or indirectly during the course of your employment with the Company.

12.2 On termination of your employment for any reason, you are required to deliver, to the person to whom you are responsible, all documents relating to the Company and not keep any copies of the same.

12.3 You will not to induce or seek to induce by any means involving the disclosure or use of confidential information any customer to cease dealing with the Company or to restrict or vary the terms upon which they deal with the Company.

12.4 The obligations under this section shall continue without limit of time notwithstanding the termination of your employment under this Agreement.

13. Intellectual Property

13.1 If during the course of your employment you discovers or creates Intellectual Property which relates to or may be used in the Company’s business full details of that Intellectual Property shall immediately be communicated to the Company and shall become the absolute property of the Company. At the request of the Company you shall give and supply all necessary information and assistance as shall be necessary to enable the Company to exploit the Intellectual Property to the best advantage and shall execute all documents and do all things which may be necessary or desirable for obtaining patents or other protection for the Intellectual Property in such parts of the world as may be specified by the Company and for vesting the same in the Company as it may direct.

13.2 Rights and obligations under this Clause shall continue after termination of its Agreement in respect of Intellectual Property made during the Manager’s employment by the Company.

14. Conflicts of Interest

14.1 You undertake not to work for any other Company or business, without first obtaining the written permission of a Director of the Company .

14.2 You should avoid any potential conflicts between your personal or family interest and that of the Company in any dealings with third parties. Any such interests, including directorships, ownership or significant shareholdings in any public or private company must be recorded to a Director.

15. Data Protection Act

As part of your terms and conditions of employment you give the company permission to collect, retain and process information about you, such as age, sex and ethnic origin. This information will only be used so that the Company can monitor its compliance with the law and best practice in terms of equal opportunity and non-discrimination. The information which we hold will be checked with you periodically to ensure that it remains up to date.

16. Collective Agreements

There are no collective agreements which directly affect the terms and conditions of your employment.

17. Email / Internet Policy

17.1 You should not send any e-mails of a defamatory, pornographic or an abusive nature or which constitute sexual, racial or disability discrimination or any other form of harassment. You are prohibited from downloading any pornographic or other offensive material and you will indemnify the Company during and after your employment against all liability resulting from your breach of this clause.

17.2 The Company reserves the right to monitor all e-mail/internet activity by you and you acknowledge that such a right falls within the exception set out in Article 8(2) of the European Convention of Human Rights.

17.3 A breach of this clause is a disciplinary offence and may result in the termination of your employment.

18. Changes To Your Contractual Terms

19.1 The Company reserves the right to make reasonable changes to any of your terms and conditions of employment with your consent or by notice.

19.2 Any change to this contract must be in writing. This contract cannot be varied by verbal agreement.

19. Restrictions Once Your Employment Ceases

19.1 Following termination of employment for any reason, you will not for the period of 12 months thereafter directly or indirectly attempt to entice away or solicit any employee of the Company.

19.2 Following termination of employment for any reason, you will not for a period of 12 months thereafter take any action to solicit or assist any other person to solicit any commercial connection of the Company by offering any service which directly or indirectly substitutes for a service previously provided by the Company.

19.3 Each of the undertakings contained in each paragraph of this clause shall be enforceable by the Company independently of each other and each shall not be affected by any illegality or invalidity of any such other undertaking.

19.4 The undertakings contained in paragraphs 19(1) and 19(2) are considered by the parties to be reasonable in all circumstances. If one or more should be held invalid as an unreasonable restraint of trade or for any other reason whatsoever but would have been valid if part of the wording thereof had been deleted or the period thereof reduced or the range of activities or area dealt with thereby reduced in scope, the said undertakings shall apply with such modifications as may be necessary to make them valid and effective.

20. Ethical Business Conduct

The Company competes vigorously in a legitimate and ethical manner. This principle is applied to our relationships with customers, competitors, suppliers, agents and representatives and all with whom we do business. This means that you are required to act accordingly in all business dealings on behalf of the Company. For example you must:

20.1 Not accept gifts, money, loans or other favours from suppliers or potential suppliers, except for promotional items of modest value (maximum value £20) or modest entertainment within the limits of responsible and generally accepted business practices.

20.2 Not give incentives other than modest gifts, or appropriate entertainment, in keeping with responsible and generally accepted business practices.

20.3 Not make promises the Company cannot keep or does not intend to keep.

20.4 Avoid misrepresentation in all sales and promotional efforts.

If in any doubt you must discuss the issue with a senior manager.

21. Governing Law

This Agreement shall be governed by and construed in all respects in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English Courts and/or English Employment Tribunals as regards any claim or matter arising in respect of this Agreement.