MP Capital (UK) Ltd TERMS AND CONDITIONS OF EMPLOYMENT
Employer's name and address: MP Capital (UK) Ltd of The Meeting House, Little Mount Sion, Tunbridge Wells, Kent, TN1 1QR (the "Company").
In terms of the Employment Rights Act 1996 (the "Act") this Agreement gives details of your terms and conditions of employment with the Company together with other workplace information, as at the date of this Agreement.
1 JOB TITLE AND DUTIES
1.1 You are employed as ________________________ with effect from_____________________(the "Commencement Date").
1.2 You will perform all duties required of you by the Company. These duties may vary according to your work assignments. You will be notified of your duties for an assignment by the Company and/or the agency which arranged the assignment for you.
1.3 You are under a statutory duty under the Health and Safety at Work Act 1974 to observe all health and safety rules and to take all reasonable care to promote the health and safety of yourself and others. Whilst employed by the Company you must comply with all the Company's rules, regulations and policies from time to time in force and any rules, regulations and policies which the Company’s clients/customers may require you to observe whilst working on their premises.
1.4 If you are required to perform driving duties as part of your employment, then your employment is conditional on your holding a valid driving licence and not being disqualified from driving for any period whatsoever.
2 CONTINUOUS EMPLOYMENT
2.1 Your period of continuous employment with the Company commenced on the Commencement Date. No employment with a previous employer counts as part of your period of continuous employment with the Company.
2.2 Notwithstanding clause 2.1 above, where this Agreement accurately reflects an arrangement between the parties which preceded the Commencement Date and the parties so agree in writing prior to you signing this Agreement, your continuous employment shall be deemed to have commenced on the date when such arrangement began.
3 Remuneration
3.1 The Company undertakes at all times during the currency of this Agreement (and subject to the terms of this Agreement) to use reasonable endeavours to allocate to you suitable work and as a minimum guarantees that you will be offered at least 336 hours of work over the course of any full 12 month period (commencing on the Commencement Date) paid at a rate at least equivalent to the then current National Minimum Wage. For part-time employees the guarantee shall be pro-rated based upon full-time work of 35 hours per week. For the avoidance of doubt there is no entitlement to any particular number of hours of work in any particular period shorter than 12 months. The provisions of the Apportionment Act 1870 shall not apply to this Agreement. Save as provided for herein 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 for 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. The Company will charge a fee for processing payments and expenses.
3.2 Your rate of pay will at all times be no less than the National Minimum Wage currently in force per hour worked. Enhanced rates may be applicable depending on the work you are required to perform. Where overtime rates are applicable you will be notified of this prior to the commencement of the work. Payment will be made weekly in arrears directly into your nominated bank account on Friday of each week in respect of the hours worked during the preceding week, subject to deduction of tax and National Insurance.
3.3 For the purposes of sections 13-27 of the Act, you agree that the Company may deduct from your remuneration any sums due from you to the Company including, without limitation, any overpayments, loans or advances made to you by the Company.
3.4 Within 3 working days of receipt of your payslip you will bring any discrepancy with your pay to the Company's attention.
4 EXPENSES
You will be reimbursed for any expenses properly incurred in connection with your duties in accordance with the Company’s expenses policy as amended from time to time.
5 Normal Hours of Work
5.1 You do not have normal hours of work. Your assigned hours of work will vary according to the requirements of the Company's clients. It is a condition of your employment that you work flexibly in accordance with these requirements. The Company will give you as much advance notice as is reasonably practicable of the hours you will be required to work.
5.2 In particular, you agree to work hours which exceed the maximum average weekly working time limit of 48 hours imposed by the Working Time Regulations 1998. You may withdraw your agreement on giving to the Company three months' prior written notice.
6 Place of Work
6.1 You do not have a normal place of work. You are a site based employee and will therefore be required to work at any of the Company’s premises or at the premises of its customers, clients, suppliers or associates, including worldwide, as the Company may determine from time to time.
6.2 You will not be required to work overseas for periods exceeding one month.
7 termination
7.1 The length of prior written notice that you must give the Company in order to terminate your employment is one week.
7.2 The length of prior written notice that the Company must give you in order to terminate your employment is:
(a) one week's notice if you have been continuously employed for less than two years; and then
(b) one week's notice for each year of continuous employment with the Company up to a maximum of 12 weeks' notice after 12 or more years of continuous employment.
7.3 The Company may, at its absolute discretion, require you not to attend work and/or not to undertake all or any of your duties hereunder and/or not to contact any of the Company's clients, during any period of notice (whether given by the Company or you), provided always that the Company shall continue to pay your salary and contractual benefits. For the avoidance of doubt, there is no obligation on the Company to provide you with any work during any period of notice and you will not be entitled to work on your own account or on account of any other person, firm or company during that period.
7.4 The day your employment ends will be the "Termination Date".
8 Normal Retirement Age
The Company may terminate your employment by reason of retirement at any time on or after your 65th birthday. In these circumstances, the Company will notify you in writing of your intended retirement date and of your right to request not to retire at least 6 months but no longer than 12 months prior to your retirement date. If you wish to continue to work after your retirement date, you must make your request in writing to a director of the Company at least 3 months but no longer than 6 months before your intended retirement date. A meeting to discuss your request will be held within a reasonable period of your request. The decision regarding your request not to retire will be confirmed to you in writing. You will have a right to appeal against the decision.
9 Holidays and Holiday Pay
9.1 The maximum entitlement to annual leave is 28 days in a full working year (260 working days). If you work less than 260 days in a full working year your entitlement to annual leave will be pro-rated accordingly, e.g. if you work 130 days in one year you will be entitled to 14 days’ annual leave. 12.07% of your pay represents holiday pay. 12.07% of your pay will be deducted from each payment made to you by the Company and retained by the Company in a holiday fund. You will be paid for seven hours for each day of holiday authorised by the Company and/or the client you are working for at an hourly rate calculated on the basis of your average income over the 12 working weeks preceding the holiday subject to there being sufficient funds in your holiday pay account. This holiday pay will be retained by the Company until such time as you take your holiday entitlement. Subject to your giving the Company at least two weeks' notice and completion of the appropriate holiday form, the Company will, upon request, pay you holiday pay from the holiday pay retention fund during any holidays taken by you.
9.2 The Company's holiday year runs from 1st January to 31st December.
9.3 If your employment begins or ends part way through the holiday year your holiday entitlement for that year will be assessed on a pro rata basis.
9.4 If on the termination of your employment, you have taken holidays in excess of the statutory holiday entitlement which has accrued to you at that time you will be required to repay to the Company holiday pay in respect of those holidays.
9.5 The Company reserves the right to require you to take any unused holiday during your notice period, or during periods when the Company is not able to provide you with an assignment.
9.6 Holidays must be taken at times agreed by the Company and/or the client you are working for. All holidays must be taken in the holiday year in which they accrue and cannot be carried over to the next holiday year.
10 Sickness or other absence
10.1 If you are absent from work for any reason and your absence has not previously been authorised by the Company you must inform the Company and/or the client you are working for before you are due to start work on your first day of absence.
10.2 In respect of absence due to sickness, injury or accident that continues for more than seven consecutive days (including weekends) you must provide the Company with a medical certificate stating the reason for the absence. Thereafter medical certificates must be provided to the Company to cover the remainder of the period of continuing absence. Failure to follow these requirements may result in disciplinary action and loss of Statutory Sick Pay.
10.3 If you are absent from work due to sickness, injury or accident and comply with the requirements in this Clause you will be paid Statutory Sick Pay in accordance with the provisions of the applicable legislation. For the purposes of Statutory Sick Pay, the "qualifying days" are Monday to Friday inclusive.
11 CONFIDENTIALITY AND OTHER RESTRICTIONS
11.1 For the purposes of this Clause, "Confidential Information" means all information which is identified or treated by the Company or any of the Company's clients or customers as confidential or which by reason of its character or the circumstances or manner of its disclosure is evidently confidential including (without prejudice to the foregoing generality) any information about business plans, proposals relating to the acquisition or disposal of a company or business or proposed expansion or contraction of activities, maturing new business opportunities, research and development projects, designs, secret processes, trade secrets, product or services development and formulae, know-how, inventions, sales statistics and forecasts, marketing strategies and plans, costs, profit and loss and other financial information (save to the extent published in audited accounts), prices and discount structures and the names, addresses and contact and other details of: (a) employees and their terms of employment; (b) customers and potential customers, their requirements and their terms of business with the Company; and (c) suppliers and potential suppliers and their terms of business (all whether or not recorded in writing or in electronic or other format).
11.2 During your employment by the Company, you may learn trade secrets or Confidential Information which relates to the Company and its clients. Unless you are required to do so in the proper performance of your duties, you must not:
(a) divulge or communicate to any person;
(b) use for your own purposes or for any purposes other than those of the Company or, as appropriate, any of its clients; or
(c) cause any unauthorised disclosure, through any failure to exercise due care and attention, of,
any trade secrets or Confidential Information relating to the Company or any of its clients. You must at all times use your best endeavours to prevent publication or disclosure of any trade secrets or Confidential Information.
11.3 These restrictions apply both while you are employed by the Company, and after your employment with the Company terminates. The restrictions will cease to apply to any information which becomes generally available to the public, otherwise than through a failure by you to observe these restrictions.
11.4 You undertake that, for a period of 6 months from the Termination Date, you will not:
11.4.1 Encourage to leave, or entice away from, the Company any other employees of the Company;
11.4.2 Work in the same or similar capacity at any site or location where you have worked for the Company during the 12 months prior to the Termination Date;
11.4.3 Work or provide services on either an employed or self employed basis for any individual, company, agency, partnership which was a customer, client, supplier or associate of the Company (or to which the Company supplied labour or provided services, either directly or indirectly via a third party or third parties) during the 12 months prior to the Termination Date.
11.5 You agree to bring the terms of this clause 11 to the attention of any individual, company, agency or partnership prior to entering into any contract of employment, agency or self employment during the 6 months following the Termination Date.
11.6 You agree that the restrictions in this clause 11, upon which you have had the opportunity to take independent legal advice, are reasonable and that damages may not necessarily be an adequate remedy for the Company in the event that you breach a term or terms of this clause.
12 Pension
You may be entitled to join the Company's stakeholder pension scheme, subject to the rules of the scheme from time to time. A contracting-out certificate under the Pension Schemes Act 1993 is not in force in respect of your employment.
13 Data Protection
By signing this Agreement, you acknowledge and agree that the Company is permitted to hold personal information about you as part of its personnel and other business records and may use such information in the course of the Company's business. You agree that the Company may disclose such information to third parties in the event that such disclosure is in the Company's view required for the proper conduct of the Company's business or that of any associated company. This Clause applies to information held, used or disclosed in any medium.
14 Company and client Property
All equipment (including computer equipment), notes, memoranda, records, lists of customers, suppliers and employees, correspondence, computer and other discs or tapes, data listings, codes, keys and passwords, designs, drawings and other documents or material whatsoever (whether made or created by you or otherwise and in whatever medium or format) relating to the business of the Company or any of its clients (and any copies of the same) shall:
(a) be and remain the property of the Company or the relevant client; and
(b) be handed over by you to the Company on demand and in any event on the termination of your employment.
15 Grievance, Disciplinary AND DISMISSAL matters
15.1 The disciplinary and dismissal procedure which applies to you is in the attached statement. You should ensure that you read the Company's disciplinary and dismissal procedure. If you are dissatisfied with any disciplinary or dismissal decision taken in relation to you, you should refer to the disciplinary and dismissal procedure.
15.2 If you have a grievance about your employment, you are entitled to raise a complaint in terms of the Company's grievance policy. The grievance policy is in the attached statement.
15.3 The grievance, disciplinary and dismissal procedures are not contractually binding on the Company. The Company may alter them, or omit any or all of their stages, where it considers it appropriate.
16 Collective Agreements
There are no collective agreements applicable to you or which affect your terms of employment.
17 WORK PERMITS
You confirm that you are legally entitled to work in the United Kingdom. If the Company discovers that you do not have permission to live and work in the United Kingdom, or if your permission to do so is revoked, the Company reserves the right to terminate your employment immediately and without notice or pay in lieu of notice and without giving you any warning in terms of the Company’s disciplinary procedure.
18 Previous Contracts
The contractual terms in this Agreement shall be in substitution for all or any contracts of employment or otherwise entered into between you and the Company which cease to have effect on the date upon which you commence work under this Agreement.
19 governing law and jurisdiction
This Agreement shall be governed and construed in accordance with the law of England and Wales. Each party hereby submits to the exclusive jurisdiction of the English courts as regards any claim, dispute or matter arising out of or in connection with this Agreement and its implementation and effect.
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