Employment Contract test

Employment Contract

  2. {{EMP-NAME}} of {{EMP-ADDRESS}}
    1. Your employment/engagement under the terms and conditions of this contract [begins/began] on [DATE] (“the Commencement Date”). 
    2. Your continuous employment with the Employer [begins/began] on [DATE]. 
    3. Subject to the notice and termination provisions contained in this Agreement You are employed on a fixed term basis, commencing on the Commencement Date and terminating on [Insert date]. 


    1. Your employment/engagement is subject to a probationary period, initially of [three/six] months during which your performance and conduct will be monitored. During the probationary period, either party may terminate employment with[no notice during the first month of employment and one week’s notice thereafter OR [1 week’s] notice]. At the end of the probationary period, your performance will be reviewed and if found satisfactory, your appointment will be confirmed. For the avoidance of doubt, your probationary period shall only be deemed to have been completed successfully once you have been notified in writing to this effect. 


    1. You are employed/engaged as a {{EMP-JOBTITLE}}. However, you are expected to undertake on a temporary basis such other duties as are reasonably assigned to you from time to time, irrespective of your job title and status. In the discharge of your duties you will observe and comply with all reasonable directions of your supervisor or manager. 
    2. You must present yourself for work in a fit and proper condition for the work required. You will be required to participate in any multi-skilling initiative which the Employer may introduce, including training others in your duties and/or being trained in theirs. 
    3. You will devote your whole time and attention to the Employer during your working time. During your employment/engagement with the Employer, you are not permitted to undertake any other employment/engagement(or provide any services through self-employment) outside working hours, whether paid or unpaid, nor are you permitted to have any interests in any business or undertaking which directly or indirectly competes with the same or similar field of activity of the Employer. If you wish to engage in any other employment/engagement or have outside business interests, you must first seek the written permission of [MEMBER OF STAFF]. 


  4. Hours 
    1. The Employer operates from [6.00am to 8.00pm Monday to Friday, 8am – 6pm on Saturday and 10am – 4pm on Sunday]. Your normal working hours are 40 hours per week at such times as may be specified by the Employer’s rota from week to week. You will be entitled to an unpaid break of [20 minutes] during any shift where you work more than 6 hours.  
    2. You may be asked to work overtime as required by the Employer. All overtime is voluntary and is not guaranteed. If you work overtime with the written approval of the Employer you will be paid overtime as set out in clause xx. 
    3. The timing of breaks to which you are entitled shall be at the discretion of the Employer 
    4. You agree that your average working time may exceed 48 hours for any seven-day period. In signing this contract you agree that your average working time may exceed 48 hours and that this agreement will remain in force indefinitely, unless you give three months’ notice in writing to the Employer to withdraw such agreement. 
    5. In the event that you have the Employer’s prior written permission to undertake work for third parties you must notify the Employer of the hours being worked from time to time in order to permit the Employer to comply with its obligations under the Working Time Regulations 1998, in recording hours of work. The Employer reserves the right to reduce the number of hours work offered to you in order to ensure due compliance with the Working Time Regulation 1998. 


    1. Your ordinary place of work will be [ORDINARY PLACE OF WORK]. You may be required to work on a temporary or permanent basis at any of the Employer’s premises (or any premises the Employer may in the future acquire) within a 20 mile radius of this site. 
    2. You may also be required to attend customer’s sites [nationwide or insert region]. 
    3. You will be required to work outside the United Kingdom for more than one month. If you are so required:
      – You’ll be paid in [insert currency] while you’re working outside the UK.
      – While you\’re working outside the UK, in addition to your pay, you’ll be paid [list any additional pay or payments].
      – While you\’re working outside the UK, you’ll be entitled to [list any additional benefits, for example use of a company vehicle].
      – The terms and conditions relating to your return to the UK are [insert terms and conditions]. 


  6. PAY 
    1. Your rate of pay is {{EMP-RATEOFPAY}}. Payments will be made in equal {{EMP-FREQUENCYOFPAY}} instalments in arrears by credit transfer direct into your bank or building society account on or around[each [insert day of the week] OR the [insert date] of each month] and will be subject to deductions for income tax and employee’s national insurance contributions and other deductions as required by law. 
    2. Overtime hours in any [week/month] where you have worked the normal full time working hours for your role will be paid at [time and a half]. 
    3. The Employer is entitled at any time during, or upon termination of your employment/engagement, to deduct from your salary (and/or any other sums that may be payable to you), any monies owed to the Employer by you including but not limited to any overpayment of salary, holiday taken in excess of your accrued entitlement, outstanding loans or advances, training costs, the value of any unreturned property belonging to the Employer, the cost of making good damage to the Employer’s property (or replacing damaged property where it cannot be made good) where damage is as a result of your negligence and any loss to the Employer which is a result of your failure to follow rules or procedures. 
    4. The Employer will reimburse you for expenses you incur wholly, necessarily and exclusively in the course of your employment in accordance with and subject to your compliance with its expenses policy as amended from time to time. 


    1. The Employer offers [in-house such as an induction course and external] training and in some cases [time off work to undertake training], subject to certain eligibility requirements and other conditions. Details of this training are set out in [ ]. 
    2. You may be invited to undertake external training courses to assist in your development. The terms and conditions on which such training will be provided will be agreed with you in writing prior to such training commencing 
    3. Where the Employer requires you to complete training courses as a condition of employment, the Employer will pay for them, subject to you signing a repayment agreement making provision for you to repay a proportion of the cost of training if you fail to complete the training and pass any exam or if your employment terminates for any reason within the following periods: 
      1. Without completing training or within 6 months of completion of training: full repayment; 
      2. From 6 months to 12 months from completion of training: half repayment; 
      3. From 12 months to 24 months from completion of training: one quarter repayment; 
      4. After 24 months from completion of training: no repayment.] 


  8. SICK PAY 
    1. If you are eligible for Statutory Sick Pay (SSP), it will be paid to you at the appropriate rate on the normal payday.There is no contractual right to sick pay in excess of any entitlement to SSP. Any such payment may be made at the sole discretion of the Employer. In exercising its discretion to pay sick pay the Directors of the Employer may consider whether there is any evidence of the system being abused, the level and pattern of absence and the steps taken to hasten a return to work as well as any other relevant factors. 
    2. If you are absent from work directly or indirectly due to the actions and/or omissions of a third party or third parties and subsequently recover any award, damages or compensation in any legal proceedings or by way of settlement out of court or prior to legal proceedings being issued against such a third party or third parties, you will repay to the Employer the amount of any sick pay paid to you by the Employer subject to the amount to be repaid being capped at the amount of any award or damages or compensation received by you. 


    1. In all cases of absence through sickness you must inform [insert position] of the nature and likely duration of the illness by telephone at the earliest possible opportunity and by no later than [TIME] on the first day of absence. If you are unable to telephone personally, you must ensure that a message is passed to [MEMBER OF STAFF] on your behalf. The reason for your absence must be fully explained and you must keep the Employer informed on a daily basis until you return to work or until you provide the Employer with a Medical Certificate signed by your Doctor. For the avoidance of doubt, text messages and/or emails do not comply with the obligation to notify absence personally under this clause. 
    2. Where you are unable to confirm a return to work date, you should contact the Employer on a daily basis in order that the appropriate cover can be arranged. 
    3. If you are sick for less than seven consecutive days you must submit a Self-Certification Form. If your sickness lasts longer than seven consecutive days, you must submit a Medical Certificate signed by your doctor. The certificate should cover all days of illness, not just working days. 
    4. Subject to medical consent, you will be expected to make yourself available for light duties if you are not fit for your ordinary job. 
    5. Prolonged or frequent absence may render you liable to dismissal, even where any entitlement to sick pay (whether company or statutory) or entitlement to payments or receipt of benefits under any benefit schemes may be adversely affected by termination. 


    1. You acknowledge that you have disclosed to the Employer all and any past or existing medical conditions, which may now, or at any time in the future, affect your ability to perform your duties. If it transpires that you have not disclosed any such conditions, you may, in appropriate circumstances, be liable to dismissal. 
    2. The Employer reserves the right to require you to undergo a medical examination by a qualified medical practitioner nominated by the Employer at the Employer’s expense. You consent to this requirement and also to the disclosure of the results of that medical. The Employer will treat such results in confidence at all times. 


  11. NOTICE 
    1. [two][months/weeks] by either party[, subject to your right to receive the statutory minimum period of notice (i.e. 1 week per year of service up to a maximum 
    2. Nothing in this contract prevents the Employer from terminating your employment/engagement without notice or payment in lieu of notice in the event of any act of gross misconduct by you or in the event of any serious breach by you of the terms of this contract or in the event of withdrawal of any permission necessary from any proper authority for your continued employment. 
    3. Any notice pursuant to this clause shall be given in writing. 


    1. If the Employer wishes to terminate your employment or if you wish to leave the employment of the Employer, in either case before the expiry of the period of notice provided for in clause [xx] and whether or not notice has been given under that provision, the Employer may require you to remain at home during all or part of any such period (the “Garden Leave Period”) performing such duties (if any) as it may reasonably specify (which may include the performance of duties not within your normal duties or special projects). During the Garden Leave Period you: 
      1. shall not be entitled without prior permission from [who] to gain access to any premises of the Employer or any subsidiary or Associated Company; 
      2. shall not access or attempt to access the Employer’s computer, internet, intranet, e-mail and other IT systems without prior written permission from [who]; 
      3. shall refrain from contact with any of the Employer’s clients or suppliers with whom you were previously in the habit of dealing during your employment with the Employer (unless specifically requested to do so in the course of any duties which you are asked to perform); 
      4. shall not purport to act or represent yourself as acting in your capacity as Director or employee for any purpose without the prior written consent of the Employer; 
      5. shall refrain from contact with any of the Employer’s employees with whom you were previously in the habit of dealing during your employment with the Employer (unless specifically requested to do so in the course of any duties which you are asked to perform) for any purpose other than purely social purposes; 
      6. may be required to take any outstanding accrued holiday due to you and in such a case unless there is more outstanding holiday due to you than days during the Garden Leave Period you will not be entitled to any payment for holidays untaken; 
      7. shall not take up employment with or directly or indirectly work for any person; and 
      8. shall, save in certain cases as prescribed in the Employer’s Conduct Code, continue to receive the remuneration and other benefits to which you are contractually entitled. During the Garden Leave Period you remain an employee of the Employer bound by the terms of your employment contract (other than that to perform work for the Employer unless specifically required to do so). In particular, but without limitation, you remain bound by your obligations of loyalty and good faith, of exclusive service to the Employer and of confidentiality. 


  13. PILON 
    1. You agree that, at its absolute discretion, the Employer may (but shall not be obliged to) terminate your employment under this Agreement with immediate effect by notifying you that you will be paid in lieu of your basic salary only (as at the date of service of notice, less PAYE deductions) for your notice period (or the unexpired part of your notice period as applicable). For the avoidance of doubt any PILON payment shall not include the value of any benefits, bonuses, holiday pay or any other amounts that may otherwise have been due during your notice period, other than your basic pay. 


    1. You are entitled to [20] days’ holiday per year, accrued at a rate of [1.67] days per month, in addition to 8 paid Bank Holidays (New Year’s Day, Good Friday, Easter Monday, Early May bank holiday, Late May bank holiday, August Bank Holiday, Christmas Day and Boxing Day). 
    2. [The first 4 weeks of holiday and bank holidays in any holiday year will be paid at your normal rate of pay. Any other holidays will be paid based on your basic pay. Your normal pay will be calculated based on an average of your pay over the preceding 12 months].  
    3. You are required to give 2 weeks’ notice for a holiday of 5 days or more. You are required to give 1 weeks’ notice for between 1 and 4 days’ holiday. 
    4. If you give shorter periods of notice, holiday requests may be refused. 
    5. The Employer reserves the right to refuse any holiday request to meet operational need. 
    6. Unless required by law, holiday entitlement may not be carried forward at the end of the holiday year. The holiday year runs from [DATE] each year. 
    7. The Employer may require you to take any untaken holiday during your notice period. 
    8. [You are required to use [xx] days of your holiday entitlement [specify when e.g. between Christmas Day and New Year’s Day OR on such dates as may be notified to you by the Employer each year OR for the Employer’s shut down periods [in the first and second week of August each year].] 
    9. Any new starter who has a pre-booked holiday will be allowed to take the holiday provided satisfactory evidence is produced that the holiday was booked before the job offer was accepted. 
    10. Employees who leave the Employer will receive holiday pay based on the appropriate proportion of annual holiday pay less any holiday pay already paid. 
    11. If more holiday has been taken than is due an appropriate deduction will be made based on the holiday pay already paid less the proportion of annual holiday pay accrued to the last day of employment/engagement.  
    12. [Details of any other paid leave are contained in the Employer Handbook OR You are entitled to any other paid leave as required by law. Any other leave, if approved by the Employer or required to be permitted by law, will be unpaid.] 
    13. If you terminate your employment without giving or working the required period of notice you will forfeit any contractual accrued holiday pay due to you over and above your statutory holiday pay if you fail to give or work the required period of notice. 


  15. PENSION 
    1. Three months from the commencement of employment/engagement, whichever is later, all employees who meet the legal requirements for pension auto enrolment as amended from time to time will be contracted to the Employer’s pension scheme, currently with [NAME OF SCHEME] (“The Pension Scheme”) for the purposes of the pensions Act 2008.  
    2. The Employer will act on your behalf in taking the necessary steps to enrol you into the Pension Scheme and you declare that you wish the Employer to take those steps on your behalf. You consent to the disclosure of your personal data to the Employer\’s pension provider to the extent that is reasonably necessary to enrol you in the Pension Scheme if you meet the qualifying requirements. 
    3. The Employer will deduct employee pension contributions as required by law. Unless otherwise agreed in writing, the Employer will make an employer pension contribution of the minimum amount required by law. 
    4. The Employer undertakes that it will not enrol you into the Pension Scheme before you have received the essential terms of the contract, including in particular the name of the supplier of the Pension Scheme, details of your right to opt out of membership of the scheme by a specified date and details of the amount, or date by which you will be informed of the amount of contributions that you would pay to the supplier by way of deductions from your wages. The Employer reserves the right to change the provider of the Pension Scheme from time to time and change the amount of employer contribution subject always to statutory requirements.Further details are available from [NAME OF PERSON]. 


    1. The Employer’s Grievance and Disciplinary Procedures are [available from MEMBER OF STAFF/contained in the Employer Handbook/in your online account]. The Employer’s Disciplinary Procedure does not form part of your contract of employment/engagement.The Disciplinary Procedure does not apply to workers.  
    2. Following a disciplinary procedure, the Employer may impose disciplinary sanctions including: 
      1. a warning, written warning or final written warning; 
      2. suspension without pay for up to 2 weeks; 
      3. as an alternative to dismissal, a demotion with a corresponding adjustment (including reduction) to pay; 
      4. as an alternative to dismissal, a transfer to a different role with a corresponding adjustment (including reduction) to pay. 


    1. You shall not make use of, divulge or communicate to any person (save in the proper performance of your duties under contract) any of the trade secrets or other confidential information relating to the Employer or its clients which you may have received or obtained whilst in the service of the Employer. 
    2. This restriction shall continue to apply after the termination of your employment/engagement without limit in point of time but will cease to apply to information ordered to be disclosed by a Court of competent jurisdiction or otherwise required to be disclosed by law. 
    3. You must not remove any documents or computer discs or tapes containing any confidential information from the Employer’s premises at any time without advance authorisation. All such documents, discs or tapes and any copies are the Employer’s property and must be returned to the Employer immediately on request and in any event on or before the last day of your employment/engagement. 
    4. [definition of confidential information files, customer records, lists, books, records, literature, software, products and work products developed by the Employee in the course of his/her employment with the Employer, and other materials owned by the Employer or used by the Employer in connection with the conduct of business by the Employer – include customers’ confidential info]. Confidential information includes (but is not limited to) financial information, commercial information, technical information, sales and marketing information and trade secrets. 


    1. You agree that personal data (other than sensitive personal data) relating to you and your employment/engagement with the Employer may, to the extent that it is reasonably necessary in connection with your employment/engagement or the business of the Employer be selected and held (in hard copy and computer readable form) and processed by the Employer; and be disclosed or transferred to: 
      1. other employees of the Employer; 
      2. any other persons as may be reasonably necessary 
      3. and as otherwise required by law. 
    2. You agree that the Employer may process sensitive personal data relating to you, including medical details. You agree that the Employer may disclose or transfer such sensitive personal data to other persons if it is required or permitted by law to do so. 
    3. You consent to the transfer and disclosure of personal data as set out above shall apply regardless of the country of residence for the person to whom the data is to be transferred. 
    4. Except in relation to the activities to which you are giving your consent to the extent set out above, this does not affect any rights which you have in law in relation to the collection, processing or transfer of personal data relating to you or any rights the Employer may have to process your personal data or sensitive or special category data under the Data Protection Act 2018 and in accordance with the Employer’s privacy notice as amended from time to time.  


    1. You will fully and effectively indemnity the Employer against any costs, claims, liabilities or expenses incurred by the Employer as a direct consequence of any negligent act or omission, breach of contract or breach of duty in relation to your work by you. 


    1. For the health and safety of all, it is a rule of the Employer that you are not permitted to smoke anywhere on the Employer’s premises at any time (and whether during normal business hours or not). This includes e-cigarettes. 
    2. A breach of the Employer’s smoking rules can constitute an act of gross misconduct which could render you liable to summary dismissal. 
    3. The Employer’s Alcohol and Drugs policy is available from [insert]. Breach of the Alcohol and Drugs policy can constitute an act of gross misconduct which could render you liable to summary dismissal. 


    1. You agree to allow the Employer to conduct a search of your property on the Employer’s premises at any time with or without advance notice and either on a random basis or based on a suspicion of unlawful activity or activity which might amount to a breach of this contract, in accordance with the Employer’s Security Policy, a copy of which is available from [insert]. 
    2. If you delay, obstruct or refuse to allow the Employer to conduct a search of your property on the Employer’s premises, this may constitute an act of gross misconduct which could render you liable to summary dismissal. 


    1. There are no collective agreements, which affect the terms and conditions of your employment/engagement. 


    1. You shall comply with the Employer’s Bribery policy at all times. Breach of this policy may result in summary dismissal for gross misconduct. 
    2. You shall immediately report in writing to [who] any offer of gift(s) or service(s) received by you from any work related contact. You must not accept or agree to accept such gift(s) or service(s) without the written permission of [who].]  


    1. The Employer is an equal opportunities employer. You must comply at all times with the Employer’s Dignity at Work policy available from [MEMBER OF STAFF/contained in the Employer Handbook/in your online account]. Breach of this policy may constitute gross misconduct.  
    2. [You must complete the Employer’s Dignity at Work online training course annually.] 


    1. You shall inform [MEMBER OF STAFF] of any changes to your personal circumstances, such as change of address and/or telephone number, next of kin, bank or building society details, unspent criminal convictions, loss of driving licence or other relevant licences, etc. 
    2. It is expected that you have given all the correct details concerning age, qualifications and grades of examinations passed. Should the Employer discover that you have provided any false information in these or any other material respects, you may, in appropriate circumstances, be liable to dismissal by the Employer for gross misconduct 


    1. You agree that the Employer may, at its sole discretion, lay you off without pay (save for statutory guarantee pay as required by law) in the event of a temporary cessation of work, any disruption to its business or any diminution in its requirements for work of the kind you are employed to do. 
    2. You agree that the Employer may, at its sole discretion, require you to undertake short time working with a proportionate reduction in pay or to work fewer hours than your contracted hours with a proportionate reduction in pay in the event of a temporary cessation of work, any disruption to its business or any diminution in its requirements for work of the kind you are employed to do. Where eligible for statutory guarantee pay, this will be paid as required by law. 


    1. This contract of employment/engagement constitutes the entire agreement between you and the Employer and is in substitution for all previous terms and conditions of employment/engagement whether given verbally or in writing all of which are deemed terminated by mutual consent. 
    2. The Employer reserves the right, upon reasonable notice, to make reasonable changes to any of your terms and conditions of employment/engagement by notifying you in writing within 1 month of any such change. 


  28. LAW 
    1. The law governing this Agreement shall be law of England and Wales. You and the Employer each irrevocably submit to the non-exclusive jurisdiction of the English Courts. 


    1. If any term of this Agreement is determined to be illegal or unenforceable by any Court or Tribunal of competent jurisdiction, but such term would be enforceable if part of the wording of it was deleted or modified, such terms shall apply with such deletions or modifications as may be necessary to render them enforceable and in any event the remainder of this Agreement shall continue in full force and effect.