SANDBECK UMBRELLA LTD CONTRACT OF EMPLOYMENT
TERMS AND CONDITIONS
This is the contract of employment between Sandbeck Umbrella Ltd (Company No. 9025505) of
Unit 15, Abbey Court, Benedict Drive, Selby YO8 8RY (the Employer) and the person named at section
A overleaf (the Employee) meeting the requirements of section 1 of the Employment Rights Act 1996.
This contract of employment is made between the Company and the Employee. It supersedes any
earlier written or oral arrangement between the Company and the Employee.
The headings in this contract are for convenience only and shall not affect its interpretation.
Any references in this contract to staff handbooks, company policies and/or procedures or similar documents are references to non-contractual documents that do not form part of your contract of employment.
1. COMMENCEMENT OF EMPLOYMENT
1.1 Your employer is Sandbeck Umbrella Ltd. Your employment with the Company commences on
the date entered at section D overleaf, (the ‘Commencement of Employment Date’). This is also
the date on which your period of continuous employment with the Company begins, as no
employment with a previous employer counts towards your period of continuous employment
with the Company.
1.2 The first 6 months of your employment shall be a probationary period and your employment may
be terminated during this period in accordance with clause 9 of this contract. We may, at our
discretion, extend this period for up to a further 6 months. During this probationary period your
performance and suitability for continued employment will be monitored.
2. JOB TITLE
2.1 You are employed as per the Job Title entered at section A overleaf. We undertake at all times during the course of your employment to use all reasonable endeavors to allocate you to suitable assignments. Where such suitable assignments are available you are obliged to accept them when required to do so by the Company.
2.2 You may be required to undertake other duties from time to time as we may reasonably require.
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 work for anyone else while you are employed by the Company without the prior
written consent of a Director of the Company.
3. PLACE OF WORK
3.1 Your place of work will vary but will always be located within the UK. We will from time to time
inform you of the premises or site where you will be required to work.
3.2 The Company’s address is: Unit 15, Abbey Court, Benedict Drive, Selby YO8 8RY
3.3 You will not be required to work outside the UK for more than one month during the term of your
4. HOURS OF WORK
4.1 Your hours of work will vary and may be agreed in writing or verbally from time to time. In accordance with The Working Time Regulations 1998 your average working time, including overtime, may not exceed 48 hours unless you give the Company notice that you wish to opt out of this requirement. You may do this by completing a separate opt out notice, which is available from the Company.
4.2 Save as provided for in clause 4.4, the Company does not guarantee that there will always be suitable work to which you can be allocated. You acknowledge that there may be periods when no work is available to you. In such circumstances the Company has no obligation to pay you when you are not carrying out work. You are obliged to work when required by the Company. If you do not work when required to do so by the Company, without good cause, the Company shall be entitled to terminate your employment with immediate effect.
4.3 The Company guarantees at all times during the currency of this agreement (and subject to the terms of this Agreement) that, as a minimum, you will be offered and remunerated for at least 336 hours of work over the course of any full 12 month period (commencing on the Commencement of Employment Date) paid at a rate at least equivalent to the National Minimum Wage.
4.4 The provisions of the Apportionment Act 1870 shall not apply to this Agreement.
5.1 Your rate of pay at all times will be the National Minimum Wage/National Living Wage applicable to you for each hour worked.
An additional discretionary profit-related bonus may be paid to you depending on the work you are required to perform. This will be itemised separately on your payslip.
5.2 Payment will be made weekly in arrears directly into your nominated bank or building society
account on Friday of each week in respect of the hours worked during the preceding week,
subject to statutory deductions for tax and National Insurance or any other deduction authorised
under this Agreement.
6.1 If, during or on the termination of your employment, you owe the Company money as a result of any loan, overpayment, default on your part or any other reason whatsoever, the Company shall be entitled as a result of your agreement to the terms of this contract of employment to deduct the amount of your indebtedness to it from any payment which it may be due to make to you, including but not limited to your final salary payment.
7.1 You are entitled to the statutory minimum number of days paid holiday during each holiday year, currently 28 days for full time employees. This includes the usual public holidays or a day in
lieu where we require you to work on a public holiday. The Company’s holiday year runs between 1st January and 31st December. Your holiday entitlement will accrue during the year on a pro-rata basis.
7.2 You shall give at least 2 weeks’ notice of any proposed holiday dates and these must be agreed by the Company and/or the client you are working for. We may require you to take holiday on
specific days as notified to you.
7.3 You cannot carry untaken holiday entitlement forward from one holiday year to the following holiday
8.1 If you are absent from work due to incapacity, you must notify the Company and the client you are working for of the reason for your absence as soon as possible but in any event before you are due to start work on the first day of absence.
8.2 In all cases of absence a self-certification form, which is available from the Payroll Administrator or via the company website, must be completed on your return to work and supplied to the Payroll Administrator. For any period of incapacity which lasts for seven consecutive days or more, a doctor’s certificate stating the reason for absence must be obtained at your own cost and supplied to the Payroll Administrator. Further certificates must be obtained if the absence continues for longer than the period of the original certificate.
8.3 You agree to consent to a medical examination (at our 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.
8.4 If you are absent from work due to incapacity we shall pay you Statutory Sick Pay (SSP)
provided that you satisfy the relevant requirements. Your qualifying days for SSP purposes are
Monday to Friday.
8.5 If a period of absence is or appears to have been caused by negligence or other action by a third
party in respect of which you may be able to recover compensation, you must immediately notify a Director of Sandbeck Umbrella Ltd and provide such further information and cooperation in relation to any legal proceedings as we may reasonably require.
9. TERMINATION AND NOTICE PERIOD
9.1 You must give the Company at least one week’s written notice in order to terminate your employment with the Company.
9.2 The Company may terminate your employment by providing the following notice:
(a) within the first month of continuous employment: immediate notice;
(b) after the first month but before the end of the first two completed years of continuous employment: one week;
(c) after more than two years continuous service, one week’s notice for each completed year of continuous employment, up to a maximum of twelve weeks’ notice.
9.3 We shall be entitled to dismiss you at any time without notice or payment in lieu of notice if you commit a serious breach of your obligations as an employee, or if you cease to be entitled to work in the United Kingdom.
10. DISCIPLINARY AND GRIEVANCE PROCEDURES
10.1 Your attention is drawn to the disciplinary and grievance procedures applicable to your employment which are available on our website or by request from a Director.
These procedures do not form part of your contract of employment.
10.2 If you wish to appeal against a disciplinary decision you may apply in writing to a Director of the
Company, in accordance with our disciplinary procedure.
10.3 We reserve the right to suspend you with pay for a period of no longer than 4 weeks for the purposes of investigating any allegation of misconduct or neglect against you.
10.4 If you wish to raise a grievance you may apply in writing to a Director of the Company in accordance with our grievance procedure. Details of the Company’s grievance procedures are contained in the separate document provided to you along with this contract. These procedures do not form part of your contract of employment.
11.1 If you are eligible, the Company will enrol you automatically into our occupational pension scheme in accordance with our obligations under Part 1 of the Pensions Act 2008. Details of the scheme will be provided when you join the scheme. If you do not decide to opt out of automatic enrolment:
11.1.1 you will be required to make pension contributions to the scheme at the level set out under Part 1 of the Pensions Act 2008 from time to time and you agree to the Company deducting such contributions from your pay;
11.1.2 the Company will be required to make pension contributions to the scheme at the level set out under Part 1 of the Pensions Act 2008 from time to time.
11.2 The scheme is subject to its rules as may be amended from time to time, and the Company may replace the scheme with another pension scheme at any time.
11.3 If you are not eligible to be enrolled automatically, the Company will comply with any duties it may have in respect of you under Part 1 of the Pensions Act 2008 and will provide alternative pension scheme arrangements to the extent required by law.
12. COLLECTIVE AGREEMENT
There is no collective agreement which directly affects your employment.
13. CHANGES TO YOUR TERMS OF EMPLOYMENT
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.
14. CONFIDENTIAL INFORMATION
14.1 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 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 14, 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 or any of its business contacts.
14.2 The restriction in clause 14.1 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 disclose information that has been authorised by the Company, is required by law or by your employment.
15. COMPANY PROPERTY
15.1 All tools, equipment, materials etc and documents, manuals, hardware and software provided for your use by the Company, their client (the Agency) or the Agency’s client 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.
15.2 Any Company property in your possession and any tools, equipment or materials and original or copy documents obtained by you in the course of your employment shall be returned to your Supervisor at any time on request and in any event prior to the termination of your employment with the Company.
16.1 This contract is governed by and construed in accordance with English law and any dispute regarding this contract or your employment will be heard in the English courts.
16.2 References in this agreement to ‘us’ or ‘we’ refer to the Company as defined in this agreement. References to ‘you’ or ‘your’ refer to the Employee, as, defined.
16.3 References to the singular include the plural.
16.4 References to the masculine include the feminine.
16.5 Should the Company fail to enforce or apply any of the rights that it has under this Contract of Employment, it shall not be construed that the Company approves or agrees to any breach of contract or that it loses its rights to enforce the terms of this Contract of Employment in full at any time, now or in the future.
16.6 If any provision of this agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or unlawful, the other provisions shall remain in force.
16.7 If any invalid, unenforceable or unlawful provision would be valid, enforceable or lawful if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intent of the parties.
17. THIRD PARTY RIGHTS
No person other than you and the Company may enforce any terms of this agreement.