Commencement

THIS STATEMENT dated ________________ sets out certain particulars of the Terms and Conditions upon which 360 RECRUITMENT LIMITED of The First Floor, The Lookout, 4, Bull Close Road, Nottingham, NG7 2UL (360 or “the Company”) employs ____________________ the employee”) whose employment commenced on ________________.

Your employment with your previous employer does not count as part of your continuous period of employment with 360.

Job Title

1.    You are employed as a ___________________________

1.1  Your normal duties are  ___________________________   to the specification of the Company’s Clients’.

1.2   The Company is a provider of labour to businesses (“Clients”). Although you are employed by the Company you will be working at the premises of the Company’s Clients. As the Company’s Clients are located all over the United Kingdom you may be required to work anywhere in the United Kingdom.

1.3   You may at any time or from time to time be required to undertake additional or other duties or work at additional or other addresses as necessary to meet the needs of the Company.

Duration of Employment

2.    Your employment will continue until terminated in accordance with this clause or clauses 8, 12 or 18.  The first 3 months of your employment with the Company will be treated as a probationary period.  Your employment may be terminated by the Company on one week’s notice in writing at any time during or at the end of this period.

Hours

3.   Under this contract the Company will use its best endeavors to provide suitable assignments and as a minimum guarantee that you will be offered at least 336 hours of work at the National Minimum Wage if you remain employed by the Company for a full 12-month period. The provisions of the Apportionment Act 1870 shall not apply to this contract. The Company has no obligation to provide the minimum hours in any particular week or months, nor to spread them evenly over the year or to provide them at any particular location or intervals. There may be periods where no work is allocated to you.

A separate document (Client Schedule) will be provided for each assignment that you accept; each Schedule will confirm the Hours that you have agreed to work.

Pay

4.   Your standard rate of pay will depend upon the assignment, a Client Schedule will be provided that confirms your rate of pay per hour, and details of any premium, or overtime pay rates.  Where offered, overtime is optional. Your salary is payable weekly in arrears and paid by way of standing order into your nominated Bank account. You will always be paid at least the prevailing National Minimum wage and you will be paid regardless of whether the company has received payments from its clients’.

Holidays

5.1   You are entitled to 5.6 weeks’ holiday per annum, (this = 28 days if you work a 5 day week) – and from this you will be entitled to the normal public holidays, in each holiday year.  Your holiday pay rate will ordinarily be equal to the average pay that you have earned over the previous 52 weeks worked.  Some Client’s methods of calculations vary, where that is the case this will be communicated on the Client Schedule.

5.2   Holidays must be taken at times convenient to the Company and sufficient notice of intention to take holiday must be given to and agreed with your Site Supervisor or such other nominated Officer of the Company.  During the initial 13 weeks of your employment, holiday will only be permitted in exceptional circumstances and to be agreed at the sole discretion of the Company.  Holidays in November and December can only be taken with the prior approval of a Director of the Company.

5.3   On termination of your employment, holidays, or pay in lieu in direct proportion to service in the calendar year will be paid.  Holidays will accrue pro rata on a weekly basis.  You will be required to repay to the Company any wages paid for holiday taken which have not accrued at the date of termination of your employment and such payment may be taken by deduction from any monies due to you at the date of termination of your employment.

5.4   The holiday year will be deemed to be 1st April to 31st March.  Holidays cannot be carried from one year to the next.

Sickness Absence

6.1   Any absence through sickness must be notified to your supervisor by telephone prior to your normal shift start time.  Failure to so do may result in disciplinary action.  A self-certification certificate must be produced for any absence exceeding three working days but not exceeding seven working days and thereafter a medical certificate signed by a Doctor must be produced.  The Company does not operate a sickness scheme other than the Statutory Sickness and Benefit Scheme.  If you are absent by reason of sickness you will receive only such sum or sums as are provided by the Statutory Sick Pay Scheme.

6.2   Unauthorised absence, persistent lateness or unacceptable behaviour may lead to Disciplinary action being taken against you.  Full details of the Company’s disciplinary and grievance policies are contained in your staff handbook, copies available from your Manager on-site, or from HQ on 0115 9233366.

Pension

7.    The Company will provide all employees who earn more than the National Insurance lower earnings limit with access to a designated Pension Scheme (“the Scheme”) on completion of 3 months’ service.  You will automatically be enrolled in the Scheme, but if you so desire, you may choose to opt out of the Scheme, this must be done in the first 4 weeks of service.  The company will contribute to the Scheme, and you will also contribute; as per the table below, the Company shall deduct the contribution at source.  Details of the Scheme and the payroll deduction system are available on request from your Manager or other nominated Officer of the Company. 

Our employer contribution Your contribution Tax relief

From April 2019 3% 5% 1.0%

Termination

8.1   Upon successful completion of the probationary period or extended probationary period as referred to in clause 2, the Company will give one week’s notice of termination of employment per annum – up to twelve years with a maximum notice of twelve weeks.  You will give to the Company 4 weeks’ notice of termination of employment.  The Company reserves the right to pay salary in lieu of notice.

8.2   You agree to give the Company a minimum of four weeks’ notice of termination of your employment as required by this Employment Agreement.

Post-Termination

9.1   On termination of the employment by either party the employee shall without delay return to the Company all Company property.

9.2   If notice is given by either party to terminate the employment the Company may at any time during the notice period require the employee to cease work or to cease to attend the Company’s or Client’s premises on payment of remuneration for the period or remaining period of notice.

9.3   If the Company requires the employee to remain away from work during the whole or any part of the notice period the employee shall comply with any reasonable and lawful conditions laid down by the Company and (without limitation to the generality of the foregoing) the employee shall not work for any other person firm client or corporation.

Collective Agreement

10.   There is no collective agreement in force which affects the terms and conditions of your employment.

Work outside the UK

11. You will not be required to work outside the United Kingdom for any period exceeding one month.

Disciplinary Rules and Grievance Procedure

12. Legislation requires that you be given the following additional information:-

(a) The Disciplinary Rules:  please refer to the attached Schedule A.

(b) Grievance Procedure: please refer to the attached Schedule B.

Maximum Weekly Hours of Work

The maximum working week is 48 hours; if you are 18 or over and wish to work more than 48 hours a week, you can choose to opt out of the 48 hour limit.

Restrictions ("the Restrictions")

13.1   Confidentiality

During the course of your employment you will have access to, gain knowledge of or be entrusted with information of a confidential nature.  This may concern clients, third parties other than clients, the Company, the Company’s business, systems and products.  This may also concern sensitive, personal or medical information concerning other members of staff or colleagues.

You will not during the course of your employment or thereafter disclose to any person, firm or company any confidential information relating to the business of the Company or its clients or any trade secrets which may come to your knowledge during the course of your employment.

13.2   Non-competition and non-solicitation of business or clients

The employee acknowledges that in order to perform their duties it is necessary for them to acquire commercially sensitive details of the Company’s business systems, practices, products and clients and that this is a legitimate business interest which should properly be protected.

As a separate and distinct agreement and undertaking you undertake with the Company that you will not for a period of 12 months after the termination of your employment either on your own account or on behalf of any other person firm or company directly or indirectly carry on or be engaged or concerned in any business of which shall be in competition with the business of the Company as at the date of such termination.

As a separate and distinct undertaking you undertake with the Company that you will not for a period of 12 months after the termination of your employment either on your own account or for any person firm or company directly or indirectly endeavour to entice away from the Company or solicit any business of any type carried on by the Company during such period from or do work for any person firm or company who at any time during the period of one year immediately preceding the date of the termination of your employment were clients or customers of or otherwise in the habit of dealing with the Company.

13.3   Non-solicitation of employees

The employee acknowledges that it is the Company’s policy to develop and train its employees in the operation of the Company’s business systems, practices and products and to provide a stable and quality workforce and that this constitutes a legitimate business interest which should properly be protected.

As a separate and distinct agreement and undertaking you undertake with the Company that you will not for a period of 6 months after the termination of your employment either on your own account or on behalf of any other person firm or company directly or indirectly solicit the employment of or interfere with or endeavour to entice away from the Company or endeavour to obtain the employment of or actually employ any person who has at any time in the period of one year immediately preceding such termination have been an employee of the Company.

13.4   Severability of Restrictions

It is expressly agreed by the parties hereto that:-

Each of the Restrictions shall be construed as a separate and independent undertaking and shall be valid and enforceable notwithstanding that any other of those restrictions may be void or enforceable;

While the Restrictions are considered by the parties to be reasonable in all the circumstances if any one or more of them shall either taken by itself or by themselves together be adjudged to go beyond what is reasonable in all the circumstances for the protection of the Company’s legitimate interests but would be adjudged reasonable if any particular Restriction or Restrictions were deleted restricted or limited in a particular manner then the said Restriction shall apply with such deletions restrictions or limitations as the case may be; and

None of the provisions of the Restrictions shall have effect or be enforceable against the employee in the event that his employment hereunder is unlawfully terminated by the Company.

Consent to monitoring of electronic communications

14.   Internet usage and outgoing and incoming Electronic Mail will not be routinely monitored.  However, the Company reserves the right to monitor internet usage and email messages or attachments when safety violations, illegal activity(ies), misuse of corporate resources, racial or sexual discrimination and/or harassment is/are suspected.

Other employment

15.    You may not without the prior written consent of the Company engage in any form of business or employment other than your employment with the Company whether inside or outside your normal hours of work.

15.1   Prior to commencement of any Assignment, the Employee shall inform the Company if s/he is aware that s/he has worked for the Hirer (or for any company which is a parent company of, subsidiary company of, or shares an ultimate parent company with the Hirer) including via another employment business or third party at any time since 1st October 2011 up to commencement of the newest Assignment and if so, details of when and in what role(s) including details of any breaks between periods of work, and the reasons for such breaks.

Medical Examination

16.    The Company reserves the right to request you to undergo a medical examination by the Company’s medical advisor or by a Doctor nominated by the Company and to provide blood, urine or other like specimens for analyses as and when it deems necessary.

Lay Off Provision

17.    The Company reserves the right to lay off employees without pay or to reduce your normal hours of work if in the view of the Company this is necessary for any reason.  You will be given not less than 24 hours notice of any such lay off or reduction of your normal working hours.

Warranty As to Right to Work in the UK

18.1   You warrant that you have a right to work in the UK and you agree that if you cease to have such a right to work in the UK that the Company may end your employment immediately without notice or payment in lieu of notice.

18.2   You shall immediately inform the Company if your right to work in the UK is revoked.

18.3   You shall, upon request by the Company, produce documentation so as to prove your entitlement to work in the UK. 

Signed for and on behalf of 360 RECRUITMENT LIMITED:______________________________________________ [Signature]        

Dated:___________________ 

Signed by the employee: __________________________ [Signature]        

Dated : __________________

SCHEDULE A

Disciplinary rules

The Company endeavours to deal with each and every employee on the basis of mutual trust.  However, it is necessary to be specific on important principles and, for that purpose, to prescribe these Disciplinary Rules (“the Rules”).  Employees should be aware that the Rules are not exhaustive.

The general purpose of the Rules and the Company’s disciplinary procedure is to clarify the relationships between the Company and its employees so that all understand their rights and obligations.

It is the duty of each employee to observe the Rules and to behave in a reasonable manner toward fellow employees, the Company and its property.  For its part the company will use its best endeavours to discharge its responsibilities in a fair and equitable manner.

It is a continuing responsibility of the Company to counsel employees concerning their performance and conduct.

Alleged breaches of the Rules will be investigated in accordance with the following procedure.

Disciplinary procedure

The Company endeavours to deal with each and every employee on the basis of mutual trust.  However, it is necessary to be specific on important principles and, for that purpose, to prescribe these Disciplinary Rules (“the Rules”).  Employees should be aware that the Rules are not exhaustive.

The general purpose of the Rules and the Company’s disciplinary procedure is to clarify the relationships between the Company and its employees so that all understand their rights and obligations.

It is the duty of each employee to observe the Rules and to behave in a reasonable manner toward fellow employees, the Company and its property.  For its part the company will use its best endeavours to discharge its responsibilities in a fair and equitable manner.

It is a continuing responsibility of the Company to counsel employees concerning their performance and conduct.

Alleged breaches of the Rules will be investigated in accordance with the following procedure.

DISCIPLINARY PROCEDURESTANDARD PROCEDURE: 

Step 1: 

Statement of Grounds for Action and Invitation to Meeting

1. The Company must set out in writing the employee’s alleged conduct or characteristics, or other circumstances, which lead him to contemplate dismissing or taking disciplinary action against the employee.

2. The Company must send the statement or a copy of it (as well as copies of statements of evidence taken from other employees if appropriate) to the employee and invite the employee to attend a meeting to discuss the matter.

Step 2: Meeting

1. The meeting must take place before action is taken, except in the case where the disciplinary action consists of suspension.

2. The meeting must not take place unless:-

a) the Company has informed the employee what the basis was for including in the statement under paragraph 1(1) the ground or grounds given in it, and

b) the employee has had a reasonable opportunity to consider his response to that information.

3. The employee must take all reasonable steps to attend the meeting.

4. After the meeting, the Company must inform the employee of his decision and notify him of the right to appeal against the decision if he is not satisfied with it.

Step 3:  Appeal

1. If the employee does wish to appeal, he must inform the Company.

2. If the employee informs the Company of his wish to appeal, the Company must invite him to attend a further meeting.

3. The employee must take all reasonable steps to attend the meeting.

4. The appeal meeting need not take place before the dismissal or disciplinary action takes effect.

5. After the appeal meeting, the Company must inform the employee of his final decision.

MODIFIED PROCEDURE 

In the event the Company chooses to use the Modified Procedure the following procedure will apply.

Step 1: Statement of Grounds for Action

The Company must:-

(a)  set out in writing:-

i.    the employee’s alleged misconduct which has led to the dismissal;

ii.   what the basis was for thinking at the time of the dismissal that the employee was guilty of the alleged misconduct; and

iii.   the employee’s right to appeal against dismissal; and

(b) send the above or a copy of it to the employee.

Step 2:  Appeal

1. It the employee does wish to appeal, he must inform the Company.

2. If the employee informs the Company of his wish to appeal, the Company must invite him to attend a meeting.

3. The employee must take all reasonable steps to attend the meeting.

4. After the appeal meeting, the Company must inform the employee of his final decision.

GENERAL REQUIREMENTS

Timetable

Each step and action under the procedure must be taken without unreasonable delay.

Meetings

1. Timing and location of meetings must be reasonable.

2. Meetings must be conducted in a manner that enables both the Company and the employee to explain their cases.

3. In the case of appeal meetings which are not the first meeting, the Company should, as far as is reasonably practicable, be represented by a more senior manager than attended the first meeting (unless the most senior manager attended that meeting).

Sanctions

If at the conclusion of the procedure it is found that an employee has breached the Rules the employee will be warned as to his future conduct and/or performance and a note of the relevant circumstances and the warning (“Recorded Warning”) will be made in the Company’s records.  In appropriate circumstances the employee will receive written confirmation.  Where the employee’s conduct is sufficiently serious the Company may omit the Recorded Warning step and move straight to a final warning (“Final Warning”).

In the event of no satisfactory improvement in the employee’s performance or if the misconduct is repeated after a Recorded Warning a similar procedure will be followed and a warning letter, specifying that it is a final warning before dismissal will be given.  If, following a final warning, there is no satisfactory improvement or if the misconduct is repeated the employee will be dismissed with the appropriate notice.

At each stage of the disciplinary procedure the employee may be accompanied by a fellow employee or Trade Union representative of their choice.

SUMMARY DISMISSAL

When a serious offence has been committed which involves a fundamental breach of contract on the part of the employee, the employee may be summarily dismissed.  In the event of summary dismissal, the employee’s rights of notice or pay in lieu of notice will be forfeited.

Examples

It is recognised that it is necessary to have some consistency in the operation of a disciplinary procedure.  Therefore, some of the more common offences are listed below and the type of disciplinary action which will normally result is indicated.  This is a non-exhaustive list for illustrative purposes only.  The outcome in any particular situation will be determined by the facts of that matter.

RECORDED WARNING

Persistent lateness.Absenteeism without reasonable excuse.Sub-Standard work.

FINAL WARNING

Repetition of conduct which has given rise to a Recorded Warning.Damage to equipment or material caused by carelessness.Leaving work without permission.Offensive swearing.

DISMISSAL WITH APPROPRIATE NOTICE

Medically unfit.

Refusal to comply with reasonable instructions.

Asleep whilst at work.

Breach of any Company policies relating to employees.

SUMMARY DISMISSAL

Physical assault.

Theft, fraud, bribery etc. at work.

Malicious damage to property.

Unauthorised possession of the Company’s property.

Disregard of safety precautions.

Intoxication at work.

Commission of a criminal offence relevant to the employment.

Gross immorality.

Disclosure of confidential information.

Extreme rudeness to a customer, visitor, other employees, or Directors.

In any way discouraging customers or potential customers from trading with the Company.

Breach of any relevant professional code of conduct.

Discrimination of any kind.

GENERAL

All employees are required to observe the Health and Safety at Work Rules as they apply to the Company. All injuries however slight must be reported to the management forthwith.  You are also referred specifically to the Company’s Health and Safety Policy.

SCHEDULE B

The Grievance Procedure

In the event of an employee wishing to raise any question as to the Rules he may raise the matter orally with a Director of the Company. If the employee does not obtain satisfaction he should raise the matter by letter to the Company Secretary for consideration by the Board of the Company.  Any matters so raised with the Directors of the Company will be discussed by them at the first available opportunity. In order to seek the redress of any grievance the employee must follow the following procedure:

STANDARD PROCEDURE

Step 1:  Statement of Grievance

The employee must set out the grievance in writing and send the statement or a copy of it to the Company.

Step 2:  Meeting

The Company must invite the employee to attend a meeting to discuss the grievance.The meeting must not take place unless:-(a)  the employee has informed the Company what the basis for the grievance was when he made the statement under paragraph 6, and(b)  the Company has had a reasonable opportunity to consider his response to that information.The employee must take all reasonable steps to attend the meeting.After the meeting, the Company must inform the employee of his decision as to his response to the grievance and notify him of the right to appeal against the decision if he is not satisfied with it.

Step 3:  Appeal

If the employee does wish to appeal, he must inform the Company.If the employee informs the Company of his wish to appeal, the Company must invite him to attend a further meeting.The employee must take all reasonable steps to attend the meeting.After the appeal meeting, the Company must inform the employee of his final decision.

MODIFIED PROCEDURE

In the event the Company chooses to use the Modified Procedure the following procedure will apply.

Step 1:  Statement of Grievance

The employee must:-

(a) set out in writing:-

i.    the grievance; and

ii.   the basis for it;

and

(b) send the statement or a copy of it to the Company.

Step 2:  Response

The Company must set out his response in writing and send the statement or a copy of it to the employee. 

GENERAL REQUIREMENTS

Timetable

Each step and action under the procedure must be taken without unreasonable delay.

Meetings

1. Timing and location of meetings must be reasonable.

2. Meetings must be conducted in a manner that enables both the Company and the employee to explain their cases.

3. In the case of appeal meetings which are not the first meeting, the Company should, as far as is reasonably practicable, be represented by a more senior manager than attended the first meeting (unless the most senior manager attended that meeting).

   
   

Health and safety (first aid) regulations 1981

The Company by virtue of these Regulations must have an appointed person to be responsible for complying with the Regulations.

The Regulations require the Company to point out the following information:-

1. If emergency help is required immediately dial 999 and ask for the assistance required.

2. If a doctor is required this telephone number can be ascertained from the telephone directory.

3. Health and Safety training induction will be given on site.

   
   

   Any accident, however slight, must be entered in the accident report book.