Statement of Main Terms and Conditions of Employment
This statement sets out the proposed terms and conditions of employment between
Martindales Ltd, and <<TMSEMP.FIRSTNAMES>> <<TMSEMP.SURNAME>> of
<<TMSEMP.ADDR1>> <<TMSEMP.ADDR2>>, <<TMSEMP.POSTCODE>>. which will
take effect from the date of your signature and (where relevant) will replace in their entirety
all existing terms and conditions, agreements and arrangements whether in writing or
otherwise.
The Employer may amend or vary your terms of employment from time to time and shall
notify you of such amendments or variation by posting them on the staff notice board if the
change is minor or informing you in writing if the change is more substantial.
Job title
You will be employed by the Employer as <<codedesc[jobtitle]>>.
Commencement
Your period of continuous employment with the Company began on
<<longdate[CE.STARTDATE]>>.
No employment with any previous Employer counts towards your period of continuous
employment with the Company.
Probationary period
The first 24 months of your employment will be a probationary period.
Duties
Your key duties are as per your Job Description, although you may be required to perform
any other duties that fall outside your job title or key job duties. You undertake to work to the
best of your ability and to use your best endeavours to promote, develop and extend the
Employer’s business and interests.
You may not without first obtaining the prior written consent of the Employer accept or hold
any office or directly or indirectly be interested in any other trade, business or occupation
whilst working for the Employer.
Place of work
Your normal place of work shall be <<codedesc[location]>> .
You may be required to:
I. transfer to another place of work within the UK, upon reasonable prior notice; or
II. remain at home on paid leave at any time and in particular during any period of
notice, whether given by you or the Employer under Notice clause.
There is no requirement to work outside the UK.
Hours
Normal working hours are (07.30am-04.30pm or 8.30am-5.30pm) Monday to Friday
inclusive with a 30 minute unpaid lunch break. You are, however, expected to work
overtime as and when required with reasonable notice, this includes weekend working. Over
time is paid at basic rate.
Lay-offs and short-time working
The Company reserves the right to lay you off without pay or put on short time working, due
to a temporary cessation of work, your entitlement to pay during that period of layoff will
cease. The company will give you as much notice as possible. .
Salary and benefits
Your salary will be paid monthly in arrears at the rate of £<<PR.WEEKLYPAY>> per week
by direct transfer to your bank/building society account, on the last Friday of each month, the
date of payment may change but only with advance notice. Any overtime over the daily
hours of 8.50 hours will be paid at your standard hourly rate of
£<<PR.HOURLYPAY>>.Your salary will be reviewed annually. A salary review does not,
however, guarantee that any increase to salary will be implemented as any increases to salary
are entirely at the Employer’s discretion.
In addition, you will be awarded a Performance Bonus of £ per week.
This will be paid, as a Performance Bonus. You will receive this assuming that your
Performance as a Fitter meets the standards required. If there is a Spot Check completed on
your work in any one month that indicates a score of three or below, in any of the 3
assessments, then you will not be paid the Performance Bonus for the month, (4 or 5 weeks).
The Company reserves the right to cancel or amend this Performance Bonus Scheme if it is
deemed a business requirement.
All fitters are also entitled to a fitters bonus as part of their conditions of employment, details
of the scheme are detailed below:
To provide a bonus with the objective of finishing jobs/slots on the first visit.
A Fitter can achieve a Monthly Bonus, payable one month in arrears if he achieves a 75%
target of completing a Job/Slot on the first visit, he must also have a minimum of 20
jobs/slots completed in the monthly period.
The bonus amount is compiled by the following :-
£
Job done first time 5.00
Mandate signed 1.50
Excess signed 1.50
Both signed 2.00
Additional signed 1.00
Glass only 2.00
Timber Door 7.00
If a remedial is required -10.00
A detailed report is sent each month to confirm performance.
Company reserves the right to alter, suspend or cancel this bonus scheme at any time it
becomes necessary
Company Van and use of Tools
You are entitled to use of company van to complete day to day working duties as part of your
contract of employment, use of company van is detailed in the driver manual. The use of
company tools is provided solely by the company, use of own tools is strictly prohibited
under the health and safety at work act 1974. It is your responsibility to look after the tools
and to notify the company without delay any defaults to the tools in order for the company to
provide replacements and also to notify any damage or defects to the company van whilst
under your responsibility. Private use of the company van is allowed provided you sign
relevant declaration, please note that this is defined as a benefit for tax purposes and your tax
liability will increase. By driving the company van you are responsible for any damage that
you cause to the vehicle, other vehicles or property, this is limited to the current insurance
excess of £750.00. Definition of ‘damage that you cause’ is by your negligence or fault.
Deductions from Pay
For the purposes of the Employment Rights Act 1996 you authorise the Employer to deduct
from your salary any sums due to the Employer including, without limitation, any over
payment of salary and any advances or loans made to you by the Employer. In the event of
such sums being due to the Employer on the termination of your employment, and if your
final salary payment is insufficient to allow for the whole of any such deduction, you will be
required to repay the outstanding amount due to the Employer within one month of the date
of the termination of your employment.
The company also has the right to deduct from your pay Sums equal to the costs incurred by
the Company, in rectifying errors caused by your negligence, recklessness or breach of
Company rules such as (the following illustrations being by way of example and not
exhaustive).
– If you are a Surveyor, your negligence in measuring incorrectly, products, which
are as a consequence made up to the wrong size.
– If you are a product fabricator, your negligence in making up a product
incorrectly
– If you are a product fitter, your negligence in damaging a product during
installation ;
– If you are a clerical worker, your negligence in recording data incorrectly, such
that the Company then relies on that data to produce a defective or substandard
product or service.
– Any damage caused by your negligence or fault when driving a company vehicle.
Any benefits supplied to you or your family from time to time that are not expressly referred
to in this statement are provided ex gratia and shall not form part of your contract of
employment.
Notification of Sickness or other Absence.
If you are unable to come to work on account of sickness or injury (or for any other reason),
you must inform your department manager of the reason for your absence, within 30 minutes
of your normal start time. This must be by personal phone call, texting is not acceptable.
Absence due to sickness or injury is normally unpaid although this is at the discretion of
management. Employees can choose to take paid holiday whilst on sick leave.
If the absence lasts for more than 3 days, the company will make statutory sickness payments
in line with current legislation.
If your sickness absence lasts for seven or fewer calendar days, you must complete a self-
certification form immediately upon your return to work. Absences longer than 7 days
require a fit note from a doctor.
Upon your return to work you will be asked to complete a Return to Work interview form
with your supervisor or manager.
It is a condition of your contract of employment that you agree on request by the Employer to
undergo at the Employer’s expense medical examination(s) by such doctor or doctors as the
Employer shall nominate. You agree also to authorise the doctor or doctors responsible for
such examination(s) to prepare a medical report detailing the results of such examinations for
disclosure to and discussion with the Employer.
Further information relating to absence can be found in the company absence policy.
Holiday
You will be entitled to 28 paid holiday minus bank holidays in every holiday year 1 st
October-30th September; to be taken at such time or times as may be approved by your
department manager. If your employment commences or terminates part way through a
holiday year, your entitlement to holiday during that year will be calculated on a pro rata
basis.
In addition to your annual holiday entitlement, you will be entitled to 8 public holidays as
paid leave days each year. The exact dates of the relevant public holidays will be notified to
you each year.
Accruals/Payment of Holidays: In your first complete 12 months of holiday, you will only
be paid for holidays taken at the rate of 1.67 days per calendar month. After 12 months
service as at 1 st October each year, you will be paid for 15 days when taken, the remaining 5
will be paid for when accrued. After 24 months service as at 1st October each year, you will
be paid for all holidays when taken. All bank holidays will be paid when taken.
In the event of the termination of your employment for any reason, you consent to a
deduction being made from your salary equivalent to any holiday taken in excess of accrued
entitlement. If your final salary payment is insufficient to allow for the whole of any such
deduction, you will be required to repay the outstanding amount due to the Employer within
one month of the termination of your employment.
Pay in lieu of holidays not taken will not be made except (where appropriate) on termination
of employment. On the termination of your employment you will be entitled to pay in lieu of
accrued but untaken holiday.
You will not, without prior written consent, be entitled to carry forward any accrued holiday
entitlement from one calendar year to the next.
You will, if required by the Employer, work on any public holiday (except for Christmas Day
and Easter Day). Where you work on a public holiday, you will be entitled to a day’s holiday
in lieu.
Notice
During the first month of your employment by the Employer, either party may terminate your
employment without notice.
Subject to the termination clauses below, you are required to give one month’s written notice
and entitled to receive 1 weeks written notice (or statutory notice if longer) to terminate your
employment.
Termination
The Employer shall be entitled to terminate your employment summarily, i.e. without notice
or pay in lieu of notice, without prejudice to any rights or claims it may have against you if at
any time you are guilty of any type of gross misconduct, for example dishonesty, gross
negligence or breach of duty or if you commit any serious breach of a material term of your
contract of employment.This is not exhaustive, see the Discipline and Greivance Procedure.
The Employer reserves the right to give you payment in lieu of notice upon termination of
your employment (rather than your working out your notice period). This provision, which is
at the Employer’s discretion, applies whether notice to terminate the Contract is given by you
or by the Employer.
Pensions
You will be eligible to benefit from pension arrangements put in place by the Employer from
time to time, subject always to the rules of the relevant pension scheme, which may be
amended from time to time. A contracting out certificate is not in force. There is no Death in
Service Benefit provided. You will be auto- enrolled into the Peoples Pension scheme
administered by B&CE after 3 complete months’ service. An information pack will be sent to
you in the post 28 days after being enrolled.
Return of property
You shall promptly, whenever requested by the Employer and in any event upon the
termination of your employment, deliver up to the Employer all lists of clients or customers,
correspondence and all other documents, records, papers and all other property which may
have been prepared by you or have come into your possession, custody or control in the
course of your employment, and you shall not be entitled to and shall not retain any copies of
them. Title to all such material and copyright in all such material created solely or in part by
you shall vest in the Employer.
You must also immediately return any company property that has been loaned to you for the
purpose of performing your job, this may include items such as PDA’s mobile phones, PC’s
etc., this property will be listed against your personal inventory.
Confidentiality of Information
You will not, either during your employment or thereafter, use to the detriment or prejudice
of the Employer or any of its customers or, except in the proper course of your duties,
divulge to any person, firm or employer or otherwise make use of:
any confidential information about the Employer, its business, accounts, finances,
research projects, pricing policy, future business strategy, marketing strategies and
plans, customer lists, discount rates and sales figures arrangements with suppliers,
tenders, pitches, plans or strategies; and
any other information designated as confidential which may have come to your
knowledge in the course of your employment.
You also agree not to disclose or share any confidential information regarding personal or
sensitive data, relating to customers or clients, other than for the sole purpose of completing
your duties on behalf of Martindales Ltd.
This restriction will continue to apply after the termination of your employment without
limitation in time but shall cease to apply to any information or knowledge that subsequently
comes into the public domain, other than as a result of unauthorised disclosure by you.
Additional Work
You must not solicit any Martindales Ltd. customers in any way, to take on additional work,
by advertising your services as a fitter, joiner, garage door fitter or surveyor, or agreeing to
do any work on a private basis for yourself or any other person other than Martindales Ltd.
We have relationships with major insurance and door companies and this could be
compromised if you advertise, agree or do, any additional work with a Martindales Ltd.
customer.
This will be treated a Gross Misconduct and employment will be terminated without notice.
Disciplinary procedure
The Employer’s disciplinary procedure, which forms part of your contract of employment, is
set out in the disciplinary and grievance procedures. The disciplinary procedure will not
apply to you during your probationary period. The Employer reserves the right to suspend
you at any time, with pay, whilst investigating any disciplinary matter or for a health and
safety reason and/or to suspend you without pay as a disciplinary measure.
Grievance procedure
The Employer’s grievance procedure, which forms part of your contract of employment, is
set out in the disciplinary and grievance procedures. The purpose of the grievance procedure
is to enable you to resolve any problems you may have about any aspect of your
employment. If you have a grievance related to your employment, you should first discuss
the matter with your immediate line manager and only if you are unable to resolve the matter
should you then take the steps set out in the grievance procedure.
Disciplinary rules and employer policies
You must conform with all rules and regulations that may from time to time be in force and
ensure that you fully understand those rules and regulations relevant to your work. A copy of
these rules and regulations is available from a member of the HR department.
You must at all time act in accordance with the Employer’s policies and regulations including
in particular those governing:
health and safety;
use of equipment (including protective clothing, computers and software);
equal opportunities (including harassment and bullying);
dress codes;
maintenance of records;
drugs and alcohol; and
use of company computer facilities, including e-mail and internet access.
Collective agreements
There are no collective agreements that affect the terms and conditions of your employment.
Data protection
In relation to the General Data Protection Regulation 2018 (GDPR), you agree to the
processing of personal data by the Employer for the purposes of calculating your
remuneration and maintaining records on attendance, health, discipline and grievances such
as are necessary for the performance of your contract.
Please sign and return the attached copy statement to indicate your acceptance of its terms. If
you have any questions about the meaning of any clause, please do not hesitate to ask Kerry
Gill, HR Generalist.
Signed by a manager for and on behalf of the Employer.
………………………………………………
Name Kerry Gill- HR Generalist
Date:
Accepted and agreed by Employee
………………………………………………
Name:<<TMSEMP.FIRSTNAMES>> <<TMSEMP.SURNAME>>
Date:
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