Employment Contract. [Employer] [Employee] Drafted by Solicitors

Employment Contract [Employer] [Employee] Drafted by Solicitors ©  Lawdit  Solicitors  2014 Contents Clause 1. Commencement of employment ...........
Author: Theresa West
0 downloads 4 Views 110KB Size
Employment Contract [Employer] [Employee] Drafted by Solicitors

©  Lawdit  Solicitors  2014

Contents Clause 1.

Commencement of employment ....................................................................... 3

2.

Job title .............................................................................................................. 3

3.

Place of work ..................................................................................................... 4

4.

Salary ................................................................................................................ 4

5.

Hours of work and rules .................................................................................... 4

6.

Holidays ............................................................................................................ 4

7.

Sickness absence ............................................................................................. 5

8.

Termination and notice period ........................................................................... 6

9.

Disciplinary and grievance procedures ............................................................. 7

10.

Pensions ........................................................................................................... 7

11.

Collective agreement ........................................................................................ 7

12.

Changes to terms of employment ..................................................................... 8

13.

Confidential information .................................................................................... 8

14.

Company property ............................................................................................. 8

15.

Third party rights ............................................................................................... 8

16.

Governing law and jurisdiction .......................................................................... 8

©  Lawdit  Solicitors  2014

THIS AGREEMENT is dated [DATE] Parties (1)

[COMPANY NAME] incorporated and registered in England and Wales with company number [NUMBER] whose registered office is at [REGISTERED OFFICE ADDRESS] (Company).

(2)

[EMPLOYEE'S NAME] of [ADDRESS] (Employee).

Background This contract of employment and contains a statement of the applicable terms of the Employee’s employment, as required by section 1 of the Employment Rights Act 1996.

1.

Commencement of employment

1.1

The Appointment shall [commence OR be deemed to have commenced] on the Commencement Date and shall continue, subject to the remaining terms of this agreement, until terminated by either party giving the other not less than [NUMBER] [months' OR weeks'] prior notice in writing.

1.2

[No employment with a previous employer counts towards the Employee’s period of continuous employment with the Company OR The Employee’s employment with [NAME], which commenced on [DATE], counts towards the Employee’s period of continuous employment with the Company].

1.3

The first [three] month[s] of the Employee’s employment shall be a probationary period and the Employee’s employment may be terminated during this period at any time on [one week's] notice. The Company may, at its discretion, extend the probationary period for up to a further [three] months. During the probationary period the Employee's performance and suitability for continued employment will be monitored.

2.

Job title

2.1

The Employee shall serve the Company as [JOB TITLE] or such other role as the Company considers appropriate.

2.2

The Employee may be required to undertake other duties from time to time as the Company may reasonably require.

2.3

The Employee warrants that he is entitled to work in the United Kingdom without any additional approvals and will notify the Company immediately if he ceases to be so entitled during the Appointment.

©  Lawdit  Solicitors  2014

2.4

The Employee shall not work for anyone else while they are employed by the Company.

3.

Place of work

3.1

The Employee's normal place of work is [LOCATION] or such other place which the Company may reasonably require for the proper performance and exercise of their duties.

3.2

The Employee will not be required to work outside the UK for more than one month during the term of the Employee’s employment.

4.

Salary

4.1

The Employee shall be paid an initial salary of £[AMOUNT] per annum

4.2

The Employee's salary shall accrue from day to day and be payable monthly in arrears on or about [DATE] of each month] directly into the Employee's bank or building society.

4.3

The Employee’s salary will be reviewed annually and may be increased from time to time at the Company's discretion without affecting the other terms of the Employee’s employment. There is no obligation to award an increase. There will be no review of the salary after notice has been given by either party to terminate the Employee’s employment.

4.4

The Company shall be entitled to deduct from the Employee’s salary or other payments due to the Employee any money which may be owed to the Company at any time.

5.

Hours of work and rules

5.1

The Employee's normal working hours shall be [TIME] to [TIME] on [Mondays] to [Fridays] and such additional hours as are necessary for the proper performance of their duties. The Employee acknowledges that they shall not receive further remuneration in respect of such additional hours.

5.2

The Employee is required at all times to comply with the Company’s rules, policies and procedures in force from time to time.

6.

Holidays

6.1

The Employee shall be entitled to [NUMBER] days' paid holiday in each holiday year (calculated on a pro rata basis by reference to a full-time entitlement of [NUMBER] days holiday each year) [together with the usual public holidays OR which shall include the usual public holidays in [England OR Wales OR Scotland OR Northern Ireland] or days in lieu where the Company requires the Employee to work on a public holiday. The Company's holiday year runs between [DATE] and [DATE]. If the Appointment commences or terminates part way through a holiday year, the Employee's entitlement during that holiday year shall be calculated on a pro-rata basis rounded up to the nearest [whole OR half] day. ©  Lawdit  Solicitors  2014

6.2

The Employee shall give at least [NUMBER] weeks' notice of any proposed holiday dates and these must be agreed by [POSITION] in writing in advance. [No more than [two] weeks’ holiday may be taken at any one time unless prior consent is obtained from [POSITION].] The Company may require the Employee to take holiday on specific days as notified to them.

6.3

The Employee shall not carry [more than [five] days of] untaken holiday entitlement forward from one holiday year to the following holiday year unless a period of statutory maternity, paternity or adoption leave has prevented them from taking it in the relevant year.

6.4

The Employee shall not be paid in lieu of untaken holiday except on termination of employment. The amount of such payment in lieu shall be 1/260th of the Employee’s [fulltime equivalent] salary for each untaken day of their entitlement under clause Error! Reference source not found. for the holiday year in which termination takes place and any untaken days permitted to be carried forward from the preceding holiday year.

6.5

If the Employee has taken more holiday than the Employee’s accrued entitlement at the date the Employee’s employment terminates, the Company shall be entitled to deduct from any payments due to the Employee one day's pay [calculated at 1/260th of the Employee’s [full-time equivalent] salary] for each excess day.

6.6

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 Error! Reference source not found. for the holiday year in which such absence takes place shall be reduced pro rata but shall not fall below the Employee’s entitlement under the Working Time Regulations 1998.

7.

Sickness absence

7.1

If the Employee is absent from work for any reason, they must notify [POSITION] of the reason for their absence as soon as possible but no later than [TIME] on the first day of absence.

7.2

In all cases of absence a self-certification form must be completed on the Employee’s return to work and supplied to [POSITION]. For any period of incapacity due to sickness or injury which lasts for seven consecutive days or more, a doctor's certificate stating the reason for absence must be obtained at the Employee’s own cost and supplied to [POSITION]. Further certificates must be obtained if the absence continues for longer than the period of the original certificate.

7.3

The Employee agrees to consent to a medical examination (at the Company’s expense) by a doctor nominated by the Company should the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctor.

©  Lawdit  Solicitors  2014

7.4

If the Employee is absent from work the Company shall pay the Employee: (a)

Statutory Sick Pay (SSP) provided that the Employee satisfies the relevant requirements[; and

(b)

Company sick pay in accordance with the provisions of clause 7.5, provided that the Employee complies with the Company’s procedures regarding sick leave].

The Employee’s qualifying days for SSP purposes are [Monday] to [Friday]. 7.5

[Once the Employee has completed [NUMBER] month[s] continuous service with the Company the Employee will be entitled to receive payment for periods of absence during any consecutive 12-month period from the first day of absence on the following basis: (a)

full salary (inclusive of any SSP due) for the first [NUMBER] [days OR weeks OR months] in any such absence; and

(b)

half salary (inclusive of any SSP due) for the next [NUMBER] [days OR weeks OR months] in any such absence,

up to a maximum of [NUMBER] [days OR weeks OR months] in any 12-month period.] 7.6

[The Company reserves the right to withhold payment of Company sick pay if the Employee fails to comply with the provisions of clause 7.1 and clause 7.2.]

8.

Termination and notice period

8.1

After successful completion of the probationary period referred to in clause 1.3, the prior written notice required from the Employee or the Company to terminate the Employee’s employment shall be as follows: (a)

in the first five years of continuous employment: [one calendar month's] notice; and

(b)

after five complete years: one week for each complete year of continuous employment up to a maximum of 12 weeks' notice.

8.2

The Company may at its discretion terminate the Employee’s employment without notice and make a payment of basic salary in lieu of notice.

8.3

The Company shall be entitled to dismiss the Employee at any time without notice or payment in lieu of notice if the Employee commits a serious breach of their obligations as an employee, or if the Employee ceases to be entitled to work in the United Kingdom.

9.

Disciplinary and grievance procedures

9.1

The Employee is subject to the Company's disciplinary and grievance procedures, copies of which are available from [POSITION]. These procedures do not form part of the Employee's contract of employment.

©  Lawdit  Solicitors  2014

9.2

If the Employee wants to raise a grievance, they may apply in writing to [POSITION] in accordance with the Company's grievance procedure.

9.3

If the Employee wishes to appeal against a disciplinary decision he may apply in writing to [POSITION] in accordance with the Company's disciplinary procedure.

9.4

The Company may suspend the Employee from any or all of their duties for a period of up to [NUMBER] [days OR weeks] during any period in which the Company is investigating any disciplinary matter involving the Employee or while any disciplinary procedure against the Employee is outstanding.

10.

Pensions

10.1

[There is no entitlement to pensions benefit in relation to the Employee’s employment, however the Company shall provide access to a designated stakeholder pension scheme as required by law. The Company does not make any contributions to such stakeholder scheme. OR The Employee is entitled to become a member of the [NAME] Pension Scheme, subject to satisfying certain eligibility criteria and subject to the rules of such scheme as amended from time to time. Full details of the scheme are available from [POSITION].]

10.2

A contracting-out certificate is [not] in force in respect of the Employee’s employment.

11.

Collective agreement [There is no collective agreement which directly affects the Employee’s employment. OR The collective agreement between [NAME] and [NAME] dated [DATE], a copy of which [the Employee has been given OR is available from [POSITION]], directly affects the Employee’s employment.]

12.

Changes to terms of employment The Company reserves the right to make reasonable changes to any of the Employee’s terms of employment. The Employee will be notified in writing of any change as soon as possible and in any event within one month of the change.

13.

Confidential information

13.1

The Employee shall not use or disclose to any person either during or at any time after their employment with the Company any confidential information about the business or affairs of ©  Lawdit  Solicitors  2014

the Company or any of its business contacts, or about any other matters which may come to the Employee’s knowledge in the course of their employment. For the purposes of this clause 13, confidential information means any information or matter which is not in the public domain and which relates to the affairs of the Company or any of its business contacts. 13.2

The restriction in clause 13.1 does not apply to: (a)

prevent the Employee from making a protected disclosure within the meaning of section 43A of the Employment Rights Act 1996; or

(b)

use or disclosure that has been authorised by the Company, is required by law or by the Employee’s employment.

14.

Company property

14.1

All documents, manuals, hardware and software provided for the Employee’s use by the Company, and any data or documents (including copies) produced, maintained or stored on the Company's computer systems or other electronic equipment (including mobile phones), remain the property of the Company.

14.2

Any Company property in the Employee’s possession and any original or copy documents obtained by the Employee in the course of their employment shall be returned to the Company at any time on request and in any event prior to the termination of the Employee’s employment with the Company.

15.

Third party rights No person other than a party to this agreement may enforce any of its terms.

16.

Governing law and jurisdiction

16.1

This agreement 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 English law.

16.2

The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

This agreement has been entered into on the date stated at the beginning of it.

Signed by [NAME OF DIRECTOR] for and on behalf of [NAME OF COMPANY]

....................................... Director

©  Lawdit  Solicitors  2014

Signed by [NAME OF EMPLOYEE]

.......................................

©  Lawdit  Solicitors  2014