10Wages

1. Your pay will be performance related and will be agreed between you and your employer and calculated according to fees your Employer charges for providing your services. You will always receive at least the National minimum wage for the hours you work, which, as of 6th April 2020 is £8.20 per hour if aged 24 or less (or £8.72 if aged 25 or over) The National Minimum Wage rate changes from time to time and your Employer will ensure that you are paid in line with any changes.

2. You will be paid on the Friday following the end of the week you have worked (a week in hand) by credit transfer into your bank account.

3. The Employer will review your rate of pay at its discretion and any variation in rate of pay will be confirmed in writing and shall take effect from the date specified.

4. You must notify any error in payment of salary/wages to the Employer as soon as you become aware of the error, and you agree that the Employer can then deduct from any future payment due to you the amount of any overpayment made by the Employer to you. Equally, if the error has resulted in an underpayment to you, the Employer will ensure that the amount of any underpayment will be added to your next payment of wages/salary.

5. At the discretion of the Employer you will be paid any allowable expenses you incur in performing your duties including mileage on you completing and submitting expense/mileage claim forms to your manager or a director of the Employer and providing any evidence of the expense incurred requested by the Employer. The payment of expenses is at the sole discretion of the Employer. Any payment of expenses does not entitle you to future payment, and payment of expenses to another employee does not entitle you to be paid expenses.

6. You will receive a weekly remittance detailing your gross pay and deductions from this including tax, National Insurance Contributions, any other statutory deduction in force from time to time. You will receive an explanatory leaflet as to how your pay is calculated at the commencement of your employment.

11Wage deductions

1. You agree that the Employer may deduct from your wages any money the Employer believes that you owe the Employer. This includes (but is not limited to) the cost of:

   a. any damage caused by you to the Employer’s property,
   b. property belonging to the Employer which is lost by you,
   c. paid holidays taken in excess of your entitlement at the termination of your contract of employment, and
   d. any overpayments of wages or expenses to you.

   By signing these terms and conditions of employment you consent to such a deduction being made from any outstanding wages or expenses then owed to you.

12Holidays

1. The Employer’s holiday year runs from 1st January to 31st December.

2. You are entitled to 5.6 weeks’ paid annual leave per holiday year in accordance with the Working Time Regulations 1998. This entitlement amounts to 28 days’ annual leave in the full working year (260 working days) for a full time employee and part-time employees will receive this entitlement pro rata. This entitlement includes the usual public / bank holidays in England and Wales. It is a requirement of your employment that you take your full holiday entitlement. Your 28 days’ holiday must be taken at times convenient to the Employer.

3. Your holiday entitlement referred to in clause 12.2 may change from time to time in line with the Agency Workers Regulations 2010 (“AWR”) once the Qualifying Period (as defined in the AWR) is met.

4. The Employer will pay holiday pay at the rate of 12.07% of your taxable wages.

5. By default, the Employer will roll up holiday pay and make payments to you on a weekly basis (when you are on assignment). These payments represent advance payment of holiday pay. These payments will be equivalent to 12.07% of your taxable wages each week and will be paid to you in addition to your wages. This means that you will receive payment in advance for the time you eventually take off as holiday and you will not receive payment when you are actually on holiday. This is what is known as ‘rolled-up’ holiday pay. This forms part of your taxable pay but is identified separately on your payslip to clearly show you the amount of holiday pay received.

6. Alternatively, if you would prefer to have your holiday pay paid when you take annual leave, instead of paid to you in advance (rolled-up), we will pay you holiday pay as and when you actually take your accrued holiday. Please call 01244 500 195 if you would prefer to receive your holiday pay in this way and haven’t already informed us. On termination of your employment, you will be entitled to be paid in lieu of accrued but untaken holiday if you have chosen this option.

7. Holiday requests must be approved by your Employer at least 1 week in advance of the holiday being taken. When you want to book holiday speak with your manager. Once holidays have been approved by your manager you can only change the booking by specific agreement with your manager.

8. You will not normally be required to work on the UK Bank or Public holidays. If you are required to work on a bank holiday you will be paid your normal hourly rate of pay as detailed in clause 10.1 and you may take a day’s holiday in lieu at a later date.

9. The Employer has to ensure at all times that there are sufficient employees available to work and cover for your absence. Unfortunately the Employer may have to refuse your holiday request if your absence would mean there are not sufficient employees to cover for your absence. A first come first served arrangement exists, and you are encouraged to book early with your manager to avoid disappointment. The Employer may have to refuse requests for holiday where it is detrimental to business needs.

10. The Employer will notify you of the days on which the Employer will be closed for compulsory holiday and you have to ensure that sufficient of your 5.6 weeks’ holiday entitlement is reserved for these closure periods.

11. No more than 10 consecutive working days may be taken as holiday at any one time in each holiday year.

12. To comply with the law, holidays must be taken in the holiday year to which they relate. No carry-over or payment in lieu of holiday not taken will be permitted.

13. The Employer may require you to take holiday at times appointed by the Employer if the Employer considers that continued working may pose a danger to the health and safety of others and/or yourself.

13Sickness policy

In all cases of absence from work through illness or injury the following rules MUST be observed:

1. Wherever practically possible, you, or if you are not well enough, someone on your behalf, must telephone your manager or a director, as early as possible, to report that you will not be able to attend work that day, and give a reason (ie sickness). If possible you, or the person phoning on your behalf, should try to give an anticipated duration of absence. If you are not able to return the next day, or after the period you anticipated, you must keep the Employer regularly informed.

2. Immediately following your return to work after a period of absence of less than 7 days (including non working days such as weekends and Bank Holidays) you must confirm in writing to your manager the dates of and reasons for your absence, including details of sickness on non-working days, as this is information required by the Employer for calculating Statutory Sick Pay (SSP) entitlement.

3. If you are absent from work due to sickness or injury for more than 7 days (including non working days) you must provide the Employer with a medical certificate (ie a sick note from your doctor) on the eighth day of sickness or injury. After that medical certificates must be provided to the Employer to cover all time away from work until your return.

4. You will receive no pay during the first 3 days of your sickness absence from work. After this time and as long as you comply with the sickness reporting arrangements set out above, you shall be entitled to be paid SSP for the 4th qualifying day (such days being those you are normally required to work but have been unable to so due to your illness/injury) onwards until you become well again, your contract is terminated or the maximum payment period has been reached as set out in the Social Security Contributions and Benefits Act 1992 and Regulations made under this legislation. Any additional or alternative payment of your wages/salary is only at the Employer’s discretion.

5. If you are away from work for a period of time exceeding 4 weeks or if records show that you have been frequently away for a day or two at a time) it will be necessary for the Employer to obtain further information about your medical condition (ie more than the limited information contained on your medical certificate). You agree that, if required by the Employer, you will attend a medical or other appropriate examination by a doctor or other medical specialist, so that a report on your condition can be obtained. You also agree that you will consent to that doctor or medical specialist, who may or may not be your own doctor, obtaining access to your medical records from your own doctor. The Employer will pay any expenses incurred in obtaining the report. It may later be necessary to obtain a further updated report from the same doctor or medical specialist, or another, and you agree to co-operate again. This medical information will only be obtained with your consent and for good reason, and you will be shown any letters written by the Employer to the doctor or medical specialist, and their responses/reports. A director of the Employer will then discuss the content of the report with you.

14Other time off

1. This is time off work required by you for reasons other than holidays, sickness/injury or in exercise of any of your leave rights under legislation. You will only be permitted to take other time off work with the Employer’s permission. Any requests for other time off work will only be granted at the Employer’s discretion and will be unpaid.

2. The Employer will comply with the law at all times in respect of statutory maternity, paternity and adoption leave rights and other parental rights. Details of such rights can be obtained from your manager or a director of the Employer.

15What we expect from you

1. You must comply with all reasonable and lawful instructions and requests of your manager or a director of the Employer and follow the rules and procedures that the Employer has in place and may be issued from time to time.

2. You must devote your whole time, attention and abilities to your duties during your working hours and take all reasonable steps to preserve and protect the Employer’s property, goodwill and reputation.

3. You must report to any director or manager when required.

4. You are asked to inform a director if you undertake any other work outside your contracted hours of work. It is important that the Employer is aware of any other work you do, not only so that the Employer can be satisfied that you are complying with clause 15.2 above, but also, from a health and safety point of view, to ensure that you are not working excessive hours and putting yourself and/or other employees at risk.

5. During your employment with the Employer and for a period of 12 months immediately after the termination of your employment, you shall not independently or on behalf of any third party as principal, director, agent or representative directly or indirectly, approach, accept work from or promote any company or organisation to any customer of the Employer with whom you have had material dealings with in the last 12 months of your employment.

6. You are required to inform the Employer if at any time you have been convicted of a criminal offence of any nature (unless the conviction has been spent as defined under the Rehabilitation of Offenders Act 1974). In signing these terms and conditions of employment, you agree that you have told the truth about your criminal record. You must inform the Employer if, at any time during your employment, you are arrested, charged with, summonsed for, or convicted of a criminal offence of any nature and you must truthfully and fully answer any questions the Employer has in this regard.

16Overseas Work

1. You will not be required to work outside the United Kingdom for any period of more than one month. Should this situation change your employer will provide you with full details including the length of the period abroad, the currency you will be paid in, any additional pay and benefits and any terms relating to your return to the United Kingdom.

17Collective Agreements

1. There are no collective agreements that affect the terms and conditions of your employment.

18Confidentiality

1. Confidential Information includes, but is not limited to, the Employer’s customer/client identities and lists, information about the Employer’s customers/clients, other employees, suppliers and prices or any other information which is retained on the Employer’s database or which relates to the Employer’s business, including business plans, or the Employer’s customer’s/client’s businesses which is not freely available to the public.

2. You agree that during and after your employment you will not disclose to any person for any purpose whatsoever Confidential Information which has come to your attention during the course of your employment. You will at all times protect and maintain the confidentiality of the Employer’s information and that of its clients and may only disclose such information as required by law or as is necessary during the course of your duties with the Employer. You understand that this obligation will continue at all times both during and after termination of your employment unless or until the information has come into the public domain.

19Disciplinary and Grievance procedures

1. The Disciplinary and Grievance Procedures can be obtained from Susan Jones. They apply to your employment but do not constitute any contractual rights and obligations as between the Employer and you.

2. If you are unhappy with any disciplinary action or a decision to dismiss you then you can exercise your right of appeal under the procedure by application to the managing director.

3. If you have a grievance relating to your employment you should follow the grievance procedure which is available upon request as specified in clause 19.1. The person you should raise a grievance with is the managing director.

4. Certain features of the Disciplinary and Grievance Procedures detailed below need to be highlighted and brought to your particular attention, and do form part of your contract:

   1. The Employer has the right to suspend you for any period during which time an investigation under the Disciplinary Procedure will be undertaken. If you are suspended, you will be informed of this by a director and it will be confirmed in writing. During the period of suspension you must stay away from work. You will be paid your normal wages/salary during any period of suspension.

   2. Serious misconduct may result in any of the following:
      (a) Immediate dismissal without notice or pay in lieu of notice,
      (b) demotion, with resulting changes in remuneration,
      (c) suspension for a specified period without pay, or
      (d) the giving of any of the warnings outlined in the disciplinary procedure even if no previous warning has been given.

20Pension

1. You will be automatically enrolled into a pension scheme after 3 months’ employment. Your pension provider will be NEST and they will send you a welcome pack shortly after your first contribution. You have the option to opt out of the contribution by contacting NEST directly. further details can be obtained from our office manager.

21Data protection

1. The employer will collect and process information relating to the Employee in accordance with the privacy notice which is on the internet.

2. You consent to the Employer processing your personal data, including your “sensitive personal data” which consists of information as to your racial or ethnic origin, your political beliefs or beliefs of a similar nature, whether you are a trade union member, your physical or mental health condition, your sexual life or the commission or alleged commission by you of any criminal offence, for the following purposes:
   a. To keep adequate records relating to your recruitment, employment, work performance, disciplinary record, sickness record, pension details, wages/salary and other benefits, appraisals and all other information arising out of and in connection with the performance of your contract of employment,

   b. To properly administer your employment, the Employer’s business and any payments made to you during your employment in order to comply with any legal obligations on the Employer (for example administering sick pay, tax and national insurance contributions),

   c. To determine your fitness to carry out your duties,

   d. To monitor employees in order to ensure equality of opportunity, and

   e. In order to deal with any emergency that arises in respect of you or any other person.

3. The probable recipients of your personal data are the Employer, those authorised by you and /or the Employer to receive your personal data and all others to whom the Employer is legally obliged to disclose the data to or those to whom the Employer deems it necessary or desirable to disclose your personal data for the purposes set out above.

4. The Employer is not aware of any Countries outside the European Economic Area to which your personal data will or may be transmitted.

5. You will use your best endeavours to keep the Employer informed of any changes to your personal data.

6. The Employer will comply with the GDPR Regulations in the way it processes and manages both personal and sensitive data.

22Changes to terms of employment

1. From time to time either law will change or the way the Employer organises itself or does business will change and it will be necessary to change some of these terms of employment. The Employer therefore reserves the right to make reasonable changes to any of your terms and conditions of employment by giving you not less than one month’s written notice of any such change. Such changes will be deemed to be accepted by you unless you notify the Employer of any objection in writing within 2 weeks of receipt of notification of the change.

23Non enforcement does not waive the Employer rights to enforce this contract

1. The Employer’s failure to enforce its rights under these terms and conditions of employment immediately following a breach of these terms and conditions by you becoming known to the Employer does not amount to an acceptance of your breach or future breaches by the Employer or waiver of the Employer’s right to enforce its rights so that action against you by the Employer for your breach can be taken at a later date.

24Whole agreement

1. This contract is the whole agreement between you and the Employer and supersedes all previous contracts, agreements, arrangements or understandings whether oral or written between the parties. No amendment to this contract will be legally binding unless made in writing and signed by the Employer.

25The English Courts

1. These terms and conditions of employment are governed by English law and any dispute that arises out of your employment will be determined by the Courts and Employment Tribunals of England.