Section 1 of the Employment Rights Act 1996 requires certain basic terms of employment to be notified to all employees within 2 months of the employee commencing work. This document complies with that requirement. Further terms and conditions relating to your employment are set out in the current Staff Handbook (and in any Job Offer Letter which you might have received).
From: __________________________________________________ of __________________________________________________ (‘we’ ‘us’ ‘our’ or ‘the Company’)
To: __________________________________________________ of __________________________________________________ (‘you’ 'your').
1.1 The following particulars are given to you in accordance with the terms of the Employment Rights Act 1996 and other relevant legislation.
1.2 In accepting your appointment it shall be deemed that you have accepted all the terms and conditions set out in this document.
1.3 Any earlier offer or agreement made in respect of your employment with the Company which contradicts or conflicts with anything in this document is null and void and superseded by this document.
2. Continuous Employment
2.1 Your period of continuous employment with us began on the _______ of ____________ _______ .
2.2 No employment with a previous employer counts as part of your period of continuous employment.
3. Probationary Period
The first _____ months of your employment will be a probationary period. During this period your performance and conduct will be monitored. At the end of the probationary period your appointment may be confirmed or your probationary period extended.
4. Place of work
4.1 Your normal place of work will be at ____________________________________.
4.2 The Company may change your place of work and/or may require you to work at other locations within a reasonable distance of your current place of work either on a temporary or permanent basis.
5. Line Manager
Your current ‘line manager’ is ___________________________________________, whose job title is ___________________________________________. Other managers may also act as your line manager.
6. Collective agreements
There are no collective agreements relevant to your employment.
7. Job title
7.1 You are employed as a _________________________________________.
7.2 It may be necessary in the interests of the Company as a whole for changes to be made to your job title or your job description. Within reason, your existing duties may be changed and/or new duties may be added or taken away. Any significant changes will only be made after due consultation with you.
8.1 You will be paid __________by cheque or credit transfer to your bank account in arrears at the rate of £__________: ____ gross each _________ (and proportionately for any lesser period, each pay instalment being deemed to accrue rateably from day to day).
8.2 Overtime is not paid unless the period of overtime, and the hourly rate of overtime pay, has been agreed and authorised in writing by your line manager before you work the overtime.
9. Hours of work
9.1 Your normal working hours are ______ am to______ pm , Mondays to Fridays.
9.2 Your lunch break is ______ minutes. Your lunch break is not working time and is not paid.
9.3 You are allowed to take tea breaks of ___ minutes each morning and ___ minutes each afternoon. Tea breaks are counted as working time and are paid.
9.4 In certain circumstances it may be necessary to change, reduce or increase your normal working hours to ensure that your duties are properly performed.
9.5 From time to time, you may be requested to work overtime, paid or unpaid, and you will be expected to co-operate with any reasonable request. Overtime will be paid only if the period of overtime and the hourly rate of overtime pay, has been agreed and authorised in writing by your line manager, or a member of senior management, before you work the overtime.
10. Sickness absence
10.1 You are required to contact your line manager or a senior member of management by your normal start time on the first day of sickness absence, stating why you are absent and when you expect to return. If your absence continues, you must contact the Company regularly to update on your continuing absence.
10.2 You must provide the appropriate certificates at the relevant times, and complete any absence recording documentation as required on your return to work. If you are unclear as to the appropriate certificates please ask your line manager.
10.3 Please note that personal contact is required at all times when contacting the Company. The sending of text messages will not be accepted as notification.
10.4 Failure to notify the Company as set out may result in the Disciplinary Procedure being used.
10.5 You should produce the following written evidence of absence and ensure that appropriate certificates are provided for the whole of your absence: (a) Self-Certificate for absence of up to and including 7 calendar days; or (b) Medical Practitioner's Certificate (known as a 'Fit Note') for absence of more than 7 calendar days.
10.6 You should forward certificates and any correspondence to the Company as soon as possible. Failure to do so may result in sick pay being delayed or withheld and disciplinary action being taken.
10.7 The Company reserves the right to require you to undertake a medical examination by a medical practitioner and/or specialist of the Company's choice and/or to seek a report from your doctor (subject to your rights under the Access to Medical Reports Act 1998).
10.8 For the purposes of the Statutory Sick Pay scheme the agreed ‘qualifying days’ are Monday to Friday.
10.9 There is no right to contractual sick pay but such payments may be made at the discretion of the Company.
10.10 A Fit Note is not conclusive evidence that an employee is unfit to work and the Company reserves the right to make appropriate enquires to ascertain whether an employee is fit enough to do different or lighter duties.
11.1 The holiday year runs from the ____ of ___________ to the ____ of __________ each year.
11.2 Your holiday entitlement will be the statutory holiday entitlement. This is currently 28 days each holiday year if you work 5 days a week.
11.3 If you work part-time, your holiday entitlement is calculated according to the number of days/hours you work in proportion to the Company's normal working week.
11.4 The following 8 bank/public holidays are included in your holiday entitlement: New Years Day, Good Friday, Easter Monday, May Day Bank Holiday, Monday Spring Bank Holiday, Monday Late Summer Bank Holiday, Christmas Day and Boxing Day.
11.5 Payment for holidays will be at your normal rate of pay.
11.6 Untaken holiday in a holiday year cannot be carried over to the next holiday year except with the permission of your line manager or another senior member of management.
11.7 The preceding sub-paragraph does not apply to women on maternity leave, fathers on extended paternity leave or those who are or have been on sick leave where holidays have accrued. Such employees are entitled by law to carry over untaken holiday into the next holiday year.
The Company does not operate a pension scheme applicable to your employment but will facilitate your access to a designated stakeholder pension scheme to the extent it is obliged to do so as a matter of law.
13. Termination of employment
13.1 The notice required by either of us to terminate your employment will be the statutory notice which is: one week’s notice if you have been continuously employed for up to 2 years; and then one week’s notice for each completed year of employment from 2 completed years up to a maximum of 12 weeks' notice.
13.2 We reserve the right in our absolute discretion to pay you basic salary in lieu of notice.
14. Lay offs and short-time working
14.1 Although every reasonable effort will always be made to ensure full employment, in the event of a temporary shortage of work, the Company reserves the right to temporarily lay‐off or place on short‐time working any employees affected.
14.2 If you are laid off or are placed on short working you will have certain statutory rights in connection with the lay-off. Please ask your line manager for more information.
15. Grievance Procedure
Dealing with grievances informally
If you have a grievance or complaint to do with your work or the people you work with you should, wherever possible, start by talking it over with your line manager. You may be able to agree a solution informally between you.
If the matter is serious and/or you wish to raise the matter formally you should set out your grievance(s) in writing to your line manager.
If your grievance is against your line manager and you feel unable to approach him or her you should talk to another manager or senior member of management.
Your line manager will ask you to a meeting, normally within 5 days, to discuss your grievance(s). You have the right to be accompanied by a work colleague of your choice or trade union representative at this meeting if you make a reasonable request.
After the meeting the line manager will give you a decision in writing, normally within 24 hours.
If you are unhappy with your line manager’s decision and you wish to appeal you should let your line manager know in writing. You will be invited to an appeal meeting, normally within 5 days, and your appeal will be heard by a more senior manager. You have the right to be accompanied by a work colleague of your choice or trade union representative at this meeting if you make a reasonable request. After the meeting the manager who heard your appeal will give you a decision, normally within 24 hours. The appeal decision is final.
The procedure set out in this Grievance Procedure is not contractual and the Company reserves the right to change this Grievance Procedure if necessary or appropriate on giving reasonable notice of the change(s).
16. Disciplinary Procedure
16.1 The Disciplinary Procedure which relates to your employment is set out in the Staff Handbook. You should receive the Staff Handbook when you receive this Written Statement. If for any reason you do not receive the Staff Handbook please tell your line manager.
16.2 As stated in the Staff Handbook, the procedure set out in the Disciplinary Procedure is not contractual and the Company reserves the right to change the Disciplinary Procedure if necessary or appropriate on giving reasonable notice of the change(s).
17. Changes to this document
The Company reserves the right, after due consultation with you, to change your terms and conditions of employment if the changes are necessary and reasonable for a business or any other substantial reason. Any significant change(s) will be confirmed in writing within 4 weeks of the change(s).
18. Contract of Employment
By signing below you confirm that you accept this document (plus any additional terms in a Job Offer letter) as your contract of employment, and you agree to comply with both the contractual and non-contractual work rules set out in the Staff Handbook. You acknowledge that you have been given a copy of the Staff Handbook.
Signed _______________________________________ (employee)
Dated _______ of _____________________ 2013
Signed _______________________________________ (for employer)
Dated _______ of _____________________ 2013