Terms of Employment

Employment Contract

between

We Contracting Ltd

The Company

and

The Employee

This contract of employment contains a statement of the applicable terms of your employment as required by section 1 of the Employment Rights Act 1996.

1. Commencement of employment

1.1 Your employer is We Contracting Ltd (“Company” or “we”).

1.2 Your employment with the Company commences on . No employment with a previous employer counts towards your period of continuous employment with the Company.

1.3 There is no probationary period.

2. Job title and duties

2.1 You are employed as . You will be assigned to provide services to clients from time to time. The services you will provide to the client will be set out in the applicable Assignment Schedule.

2.2 You may be required to undertake other duties from time to time as we may reasonably require. You will devote your whole time and attention to the performance of your duties.

2.3 You warrant that you are entitled to work in the UK without any additional approvals and will notify the Company immediately if you cease to be so entitled at any time during your employment with the Company.

2.4 You shall not, without the prior written consent of the Company, work for anyone else or engage in any other business activity while you are employed by the Company.

3. Assignments

3.1 You will be offered assignments by the Company from time to time which are appropriate for your qualifications and experience. The details for each assignment including the services to be provided and the anticipated the length of the assignment will be set out in the applicable Assignment Schedule.

3.2 You are obliged to accept any suitable assignment offered to you by the Company and cannot decline assignments unreasonably.

3.3 The Company may terminate an assignment without notice or liability. The end or termination of an assignment does not, without prejudice to clause 10, affect the continuity of your employment.

3.4 When you are not on assignment and not on authorised and notified leave you must notify us by contacting We Payroll Ltd by 4pm on Friday of your availability for work for the next week. If you do not contact the Company by such time, you will be deemed to be unavailable for work for that next week.

3.5 The Company will undertake reasonable endeavours to allocate you suitable assignments (including during periods when you do not currently have an assignment) The Company guarantees, as a minimum, you will be offered 336 hours of work on assignments in each year starting with the commencement date of your employment at a rate no less than the current National Minimum Wage. This clause is without prejudice to any rights the Company may have under clause 10.

3.6 During times when you are not on assignment or authorised and notified leave you accept you will not be entitled to any remuneration.

4. Place of work

4.1 Your normal place of work will vary in accordance with each assignment. You may be required to travel within the UK and abroad in order to provide services on assignment.

4.2 You will not be required to work outside the UK for any continuous period of more than one month during the term of your employment unless specifically detailed within your assignment schedule.

5. Remuneration

5.1 You will only be paid for hours that you work. Your pay rate will be no less than the National Minimum Wage. You will be paid weekly in arrears on the basis of the number of hours worked in the preceding week [on or about Friday of each week] directly into your bank account.

5.2 The Company may, in its absolute discretion, pay you a bonus of such amount, at such intervals and subject to such conditions as the Company may in its absolute discretion determine from time to time.

5.3 You will be entitled to the statutory provisions.

5.4 We shall be entitled to deduct from your pay or other payments due to you any money which you may owe to the Company at any time.

6. Expenses

6.1 You may be reimbursed for Approved Mileage Payment expenses properly incurred in connection with your duties in accordance with the Company’s expense policy as amended from time to time.

6.2 If you satisfy the criteria contained in the Company’s expense policy, you may be entitled to have other expenses reimbursed, the nature and amount of these expenses will be set out in the applicable Assignment Schedule.

6.3 Any reimbursement of expenses will be subject to the Company’s expenses policy as amended from time to time.

7. Hours of work and rules

7.1 Your normal hours of work will be notified to you in the applicable Assignment Schedule.

7.2 Under regulation 4(1) of the Working Time Regulations 1998 a worker's average working time, including overtime, must not exceed 48 hours a week unless the worker has previously agreed otherwise in writing. You agree that this limit on your working hours will not apply, and that your average working time may therefore exceed 48 hours a week. You may terminate the agreement you provide in this clause 7.2 by giving three months' written notice at any time.

7.3 You are required at all times to comply with the Company’s rules, policies and procedures in force from time to time [including those contained in the Staff Handbook, [which is available from The Company].

8. Holidays

8.1 Your holiday year runs for 12 months from 1st April.

8.2 You are entitled to 28 days' paid holiday during each holiday year or the pro rata equivalent if you work part time. This includes the usual public holidays in England and Wales.

8.3 You shall give at least 4 weeks' notice of any proposed holiday dates and these must be agreed by The Company in writing in advance. [No more than 15 days' holiday may be taken at any one time unless prior consent is obtained from The Company.] We may require you to take (or not to take) holiday on particular dates, including during your notice period.

8.4 You cannot carry forward untaken holiday from one holiday year to the following holiday year unless you have been prevented from taking it in the relevant holiday year by one of the following; sickness, statutory maternity leave, paternity, adoption, parental or shared parental leave. In cases of sickness absence, carry-over is limited to four weeks' holiday per year less any leave taken during the holiday year that has just ended. Any such carried over holiday which is not taken within eighteen months of the end of the relevant holiday year will be lost.

8.5 The Company shall not pay you in lieu of untaken holiday except on termination of employment. The amount of such payment in lieu shall be in accordance with the applicable legislation in force at the time your employment is terminated.

8.6 If you have taken more holiday than your accrued entitlement at the date your employment terminates, we shall be entitled to deduct the excess holiday pay from any payments due to you for each excess day.

9. Incapacity

9.1 If you are absent from work due to incapacity, you must notify The Company of the reason for your absence as soon as possible but no later than 9am on the first day of absence.

9.2 You shall certify your absence in accordance with [the Company sickness policy] which is available.

9.3 Subject to your satisfying the relevant requirements you shall receive Statutory Sick Pay (“SSP”). Your qualifying days for SSP purposes are [Monday] to [Friday].

9.4 You agree to consent to a medical examination (at the Company's expense) by a doctor nominated by the Company should the Company so require. You agree 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.

10. Termination and notice period

10.1 Either you or the Company can terminate your employment in the first two years of continuous employment by giving one week's notice in writing. After that time, either party can terminate your employment by giving written notice of one week for each complete year of continuous employment, up to a maximum of 12 weeks' notice after 12 years or more.

10.2 Notwithstanding clause 10.1, the Company may terminate your employment immediately if you have been continuously employed for less than one month.

10.3 We may at our discretion terminate your employment without notice and make a payment in lieu of notice.

10.4 Notwithstanding the other ways in which your employment may be terminated, the Company may also terminate your employment with immediate effect without notice and with no liability to make any further payment to you (other than in respect of amounts accrued due at the date of termination) if you:

(a) are guilty of any gross misconduct or commit any material breach of this agreement or any rules, policies or procedures of the Company;

(b) are 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);

(c) bring the Company or any group company into disrepute; or

(d) are (notwithstanding the provision or expectation of permanent health insurance benefits) unable by reason of illness or any other reason to perform your duties for a consecutive period of 26 weeks or aggregate period of 26 weeks in any -week period.

11. Disciplinary and grievance procedures

11.1 Your attention is drawn to the disciplinary and grievance procedures applicable to your employment, which are contained in the Staff Handbook OR available from The Company. These procedures do not form part of your contract of employment.

11.2 If you wish to appeal against a disciplinary decision you may apply in writing to The Company in accordance with our disciplinary procedure.

11.3 We reserve the right to suspend you with pay for no longer than is necessary to investigate any allegation of misconduct against you or so long as is otherwise reasonable while any disciplinary procedure against you is outstanding.

11.4 If you wish to raise a grievance you may apply in writing to The Company in accordance with our grievance procedure.

12. Pensions

12.1 The Company will comply with the employer pension duties in accordance with Part 1 of the Pensions Act 2008.

12.2 A contracting-out certificate is [not] in force in respect of your employment.

13. Data protection

13.1 You consent to [the Company OR any group company] processing data relating to you for legal, personnel, administrative and management purposes and in particular to the processing of any sensitive personal data (as defined in the Data Protection Act 1998) relating to you, including, as appropriate:

(a) information about your physical or mental health or condition in order to monitor sick leave and take decisions as to your fitness for work;

(b) your racial or ethnic origin or religious or similar information in order to monitor compliance with equal opportunities legislation; and

(c) in order to comply with legal requirements and obligations to third parties.

13.2 The Company may make such information available to [any group company,] those who provide products or services to [the Company OR any group company] (such as advisers and payroll administrators), clients, regulatory authorities, potential purchasers of the Company or the business in which you work, and as may be required by law.

13.3 You consent to the transfer of such information to [any group company and] [the Company's OR any group company's] business contacts outside the European Economic Area in order to further [its OR their] business interests even where the country or territory in question does not maintain adequate data protection standards.

14. Collective agreement

14.1 There is no collective agreement which directly affects your employment.

15. Changes to your terms of employment

15.1 We reserve the right to make reasonable changes to any of your terms of employment. You will be notified in writing of any change as soon as possible and in any event within one month of the change.

16. Conduct of employment agencies and employment businesses regulations

16.1 You have the right to either opt in or opt out of the Conduct of Employment Agencies and Employment Businesses Regulations 2003. You agree to opt out of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

16.2 You may, at any time, inform the Company in writing that you wish to opt into the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

17. Confidential information

17.1 You shall not use or disclose to any person either during or at any time after your employment with the Company any confidential information about the business or affairs of the Company, clients or any of its business contacts, or about any other matters which may come to your knowledge in the course of your employment. For the purposes of this clause 17, confidential information means any information or matter which is not in the public domain (except as a result of your breach of this agreement) and which relates to the affairs of the Company .

17.2 The restriction in clause 17.1 does not apply to:

(a) prevent you 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 your employment.

18. Training

18.1 Any additional training requirements will be provided for by the company and or it’s client solely at the company’s discretion.

19. Benefits

19.1 Employee’s enrolled into the company pension scheme will be entitled to the rewards scheme operated by the pensions provider. There are no additional benefits (including non-contractual benefits) the employee may be entitled to.

20. Company property

20.1 All documents, manuals, hardware and software provided for your 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.

20.2 Any Company property in your possession and any original or copy documents obtained by you in the course of your employment shall be returned to The Company at any time on request and in any event prior to the termination of your employment with the Company.

21. Third party rights

21.1 No one other than you and the Company shall have any right to enforce any terms of this agreement.

22. General

22.1 You confirm that you are not entering into this contract in reliance upon any oral or written representation made to you by or on behalf of the Company [or any group company].

22.2 This agreement is governed by the law of England and Wales and the English courts have exclusive jurisdiction over any claim or matter arising from it.

23. Entire agreement

21.1 This employment contract along with the applicable Assignment Schedule 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.

We Contracting Ltd, Registered Office:
Office 6
Watergate Buildings
3rd Floor
New Crane Street
Chester
CH1 4JE

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Timestamp

Audit

4th May 2017 4:50 pm GMT

Terms of Employment Uploaded by Richard Baxendale - registrations@we-contract.co.uk IP 2.218.106.15