Temporary Contractual Agreement

    Statement of Main Terms of Employment - Fixed Term Contract

    This statement dated as stated in this contractual agreement sets out the particulars of main terms of employment under which HOT Tanning Salon (the Company) of 5 Falconer Street, Port Glasgow, PA14 5EJ, employs:

    Title

    Full Name (must match HMRC records)

    Surname Name (must match HMRC records)

    Job Role

    Contracted Weekly Hours

    Hourly Rate (£)

    Address

    City

    Post Code

    Date of Birth

    Mobile Number

    Email (must be accurate as payslips go to your email address)

    National Insurance Number

    What is your current Tax Code? (P45 / P60 / most recent payslip / your personal tax account at HMRC)

    Passport Number

    Main Branch

    Start Date

    End Date

    Name of Bank

    Sort Code

    - -

    Account Number

    There are no collective agreements affecting your terms and conditions of employment. Any changes or amendments to these terms will be confirmed in writing within one month of them occurring.

    1. Commencement
    Your period of continuous employment began on the start date as stated above and shall (subject to earlier termination in any of the circumstances set out in this Statement) for a fixed period until the end date as stated above. Your employment will terminate without further notice on the expiry of the fixed term period.
    Your period of continuous employment began on the commencement date above. You are employed on a probationary period of three months during which time your performance will be assessed. The Company may, at its discretion, extend this period for up to a further 6 months. Your employment may be terminated, by either party, at the end of this period or at any time during this period by giving the notice detailed in the Notice Section.

    You are employed as the job role as stated in this contractual agreement. The Company reserves the right to require you to perform other duties from time to time and it is a condition of your employment that you are prepared to do this.

    Whilst in the Company’s employment you must;
    a) During your hours of work, devote the whole of your time, attention and abilities to the business of the Company.
    b) Not, without the Company’s prior written consent, be in any way directly or indirectly engaged or concerned with any other business or employment whether during or outside your hours of work for the Company.
    c) Use your best endeavors to promote the interests of the Company and observe good faith towards the Company.
    d) Comply with all the Company’s rules, regulations and policies in place from time to time.

    Your normal place of work is stated in this contract but you may be required to work at any of the Company's other locations as the Company may from time to time require. The Company may change your place of work on a temporary or permanent basis but you will not be required to work anywhere that is not within a reasonable travelling distance of your place of work stated as stated in this contractual agreement.

    2. Pay
    Your wage will be paid at the rate state as stated in this contractual agreement per hour by BACS at fortnightly intervals on the Friday following the end of the fortnightly working period. The Company has the right to deduct from your pay any sum which you owe to the Company including, any deductions for shortages from takings, without limitation, any overpayment of pay or expenses, outstanding loans or advances made to you by the Company, excess holiday pay, overpayment of salary, pension contributions or other benefits to you, or any other item identified in this Statement and/or the Employee Handbook as being repayable by you to the Company. This does not affect the Company’s right to recover any amounts you owe it in any other way. The Company may deduct from your salary and other remuneration the cost of repairing any
    damage or loss to the Company’s property caused by you, or any direct loss caused to the
    Company by your breach of any of your terms of employment. This does not affect the Company’s
    rights to recover any amounts you owe it in any other way.

    3. Hours of Work
    Your normal hours of work are as per the rota, which will be notified to you on a fortnightly basis, and will involve day, night and weekend working. In addition to these hours, you will be required to work a reasonable amount of additional hours when necessary. You are entitled to payment for additional hours at your normal rate of pay.
    The Company reserves the right, after giving reasonable notice, to change your normal hours of work to meet its business needs.

    4. Provision for Short-Time and Lay-offs
    Every attempt will be made to ensure your continuing employment in the event that the Company is faced with a shortage of work or is unable to provide you with work for any other reason when it is, in the opinion of management, appropriate to do so. This could include temporarily laying you off from work; in these circumstances you will be paid for those hours worked, or in accordance with the statutory guarantee pay provisions. The guarantee will not apply;
    a) To employees who refuse alternative work, including work at other sites.
    b) To employees who have been absent from work without good reason; these employees will not receive the guarantee during the week in which the absence occurs.

    5. Holiday Entitlement
    Your annual holiday entitlement is 5.6 weeks per annum (inclusive of Public Holidays) in the complete holiday year, which runs from April 1st until March 31st. Payment for holidays will be at your normal rate of pay. All annual holidays must have prior approval and authorisation. The Company will respond as soon as possible to your request for holiday. No responsibility will be accepted for monies lost as a consequence of your failure to follow this procedure. Generally, you will only be permitted to take a maximum of two weeks’ holiday at any one time. All holidays must have prior approval and authorisation. Requests for holidays should be submitted to your line manager at least four weeks prior to the start of the required holiday period. The Company will respond as soon as possible to your request for holiday. No responsibility will be accepted for monies lost as a consequence of your failure to comply with this procedure. Where too many employees require the same holiday period, which if granted would impair the efficiency of the business, holidays will be granted on the basis of first request, first granted.
    The Company may require you to take holidays on certain dates and may refuse holiday requests.
    Unused holiday entitlement may only be carried forward into the next holiday year with the permission of the Operations Director. No payment will be made in lieu of untaken holidays. Employees accrue holiday entitlement during the statutory Maternity/Adoption Leave periods. Upon termination of your employment, payment will normally be made for all unused accrued holiday entitlement. You may be required to take some or all of your outstanding holiday during your notice period. If you have taken more annual holiday entitlement than you have accrued during the holiday year, the balance will be deducted from any outstanding pay. Payment for holidays in these circumstances will be made on a pro-rata basis to your service in the current holiday year. Where termination of your employment is due to gross misconduct or where the full contractual notice period is not served and worked, unused holiday pay will not be paid, apart from any payment required to meet the statutory minimum holiday obligations.

    6.Sick Pay
    The procedure you must follow in the event of periods of absence from work due to sickness is set out in the Employee Handbook. Payment for periods of absence due to authorised sickness will be made in accordance with the current Statutory Sick Pay Scheme. Any payment in excess of the statutory minimum will be made purely at the discretion of the Company. Where payable, sickness or industrial injury benefit must be claimed from the appropriate Government Agency and any benefit received must be notified to the Company; such benefits will be deducted from the as stated in this contractual agreement payments. At any time during employment, the Company reserves the right to require you to undertake a medical examination by a GP and/or Specialist appointed by the Company. If you are absent from work due to injury or illness caused by a third party, any payments made by the Company as sickness payment will be classed as a loan; this will be repayable to the Company by you if compensation for loss of earnings is recovered from the third party. Eligibility for sickness payment will not prevent the Company from terminating your employment prior to the expiry of the as stated in this contractual agreement maximum benefits.

    7. Pension
    If eligible, the Company will auto-enroll you into a pension scheme, in accordance with its pensions auto-enrolment obligations. Full details of the scheme will be given to you when you are enrolled, including the minimum level of contributions that you will be required to make during your membership and your right to opt out if you do not want to be a member of the scheme. While participating in the scheme, you agree to worker pension contributions being deducted from your salary. Membership of the scheme is subject to its rules as may be amended from time to time, and the organisation may replace the scheme with another pension scheme at any time. A contracting-out certificate applies in respect of the scheme. If you cease to be a member of the scheme for any reason, the Company will re-enroll you automatically into a pension scheme as and when required by law. Further details about the scheme can be obtained from Payroll.

    8. Drugs & Alcohol Policy
    The company reserves the right at any time during your employment (including while driving a company vehicle or your own car while on company business) to require you to submit to drugs/alcohol testing. This means that random testing may take place and you are required to co-operate with any such testing.
    You are assured that all the correct protocols and safeguards are in place for the tests including a proper chain of custody of the samples. Confidentiality will be maintained at all times. No medical details from the drugs test will be revealed to the company. Your employer will only be told whether you are fit or unfit for employment. Any unreasonable failure to comply with an instruction to undergo a random drugs or alcohol test will be regarded as a disciplinary offence which may render you liable to dismissal.
    If you refuse to undergo testing and are dismissed then any employment reference will refer to the fact that you were dismissed after refusing a random drugs or alcohol test. Further details are set out in the company’s Drugs and Alcohol Policy.

    9. Monitoring of Communications
    During your employment you will have access to the Com’s telecommunications and information systems, including telephone, fax, computer and access to the internet. When using these systems you must comply with all relevant policies issued by the Company. Use of these systems is for business purposes only and you must not use these systems for any personal use and so as not to interfere with the Company’s business, the proper performance of your duties, or to bring the Company into disrepute.

    You will not send any emails or other messages over the Company’s telecommunications and information systems which could amount to harassment on any grounds or which may damage the interests of the Company. You must not access or download any pornographic or offensive material from the internet. You will indemnify the Company for any loss or damage it may incur as a result of any breach by you of this clause. Any breach of this clause may lead to disciplinary action up to and including dismissal.

    The Company may monitor your use of its’ telecommunications and information systems, including your use of telephone and email systems and access to the internet, for legitimate business purposes and to ensure that the company’s rules are being complied with. Monitoring may include the recording of conversations.

    10. Notice
    After 1 month’s service you are required to give the Company four weeks’ written notice to terminate your employment. You are entitled to receive the following periods of notice from the Company to terminate your employment:
    • Over 1 month, but under 2 years' continuous service = 1 week
    • Over 2 years' continuous service = 1 week for each complete year of service, to a maximum of 12 weeks after 12 years.
    • The Company reserves the right at its discretion to pay salary in lieu of part or all of notice of termination (whether notice is given by you or the Company).
    • The Company may at its discretion require you not to attend work and/or not to undertake all or any of your duties during any period of notice (whether notice is given by you or by the Company).
    • The Company shall continue to pay your salary while you remain an employee of the Company.
    • The Company may terminate your employment immediately, without notice or payment in lieu of notice, if you commit an act which in the opinion of the Company amounts to gross misconduct or is calculated or likely to seriously damage the interests of the Company. The employee handbook contains a non-exhaustive list of examples of conduct which may be considered to be gross misconduct.

    If the Company has exercised its discretion to make you a payment in lieu of notice and then discovers that it is entitled to terminate your employment immediately, without notice or payment in lieu of notice, either;
    a) the Company will not be obliged to make the payment in lieu of notice; or
    b) if payment in lieu of notice has already been made (whether wholly or partially) you will be required to repay to the Company on demand the sum which has been paid, in full and that sum will be recoverable by the Company from you as a debt (together with all the costs (including legal fees) reasonably incurred by the Company in recovering the sum).

    11. Suspension
    The Company may suspend you from work for a reasonable period to investigate any issue of misconduct in which you may be implicated or involved or any alleged breach of the terms of this Contract.
    • During any period of suspension you will continue to receive your salary and all benefits due to you under this Statement
    • During any period of suspension you will not be entitled to work either on your own or on behalf of any other person, firm, business or Employer.
    • If asked to do so, you will return to the Company any Company property that you may have.
    • You will co-operate fully with any investigation being conducted by the Company.

    12. Disciplinary Procedure
    The Employer has a detailed Disciplinary Procedure, which is designed to ensure that employees are treated reasonably and equitably with good practice. These non-contractual procedures, full details of which are in the Employee Handbook, give employees the right of appeal against any disciplinary action taken against them. Appeals may be made in writing to the person named in the disciplinary outcome letter and must be made within 7 days of receipt of the letter confirming what action has been taken.
    It is your responsibility to familiarise yourself with these rules and procedures. During the first 12 months of your continuous service, the Company may terminate your employment without recourse, either in full or part, to the Disciplinary or Appeal Procedures.

    13. Grievance Procedure
    Any problem related to your work should be discussed, in the first instance, with your Line Manager/Director. However, in those situations where the issue cannot be resolved, the Grievance Procedure should be used. Should you wish to appeal against a grievance decision an appeal should be made in writing to the person named in the grievance outcome letter within 5 days of receipt of that letter. Further information on this non-contractual procedure can be found in the Staff Handbook.

    14. Confidentiality
    You must not disclose any secrets or other information of a confidential nature relating to the Company or its business, or in respect of any obligation of confidence which the Company owes to any third party, during or after your employment except in the proper course of your employment or as required by law.
    Any documents or tangible items which belong to the Company or which contain any confidential information must not be removed from the Company's premises at any time without proper authorisation, and must be returned to the Company upon request and, in any event, upon the termination of your employment.
    If requested by the Company, all confidential information, other documents and tangible items which contain or refer to any confidential information, and which are in your possession or under your control, must be deleted or destroyed.

    15. Data Protection & GDPR
    The Company is committed to ensuring compliance with its data protection responsibilities under the GDPR and Data Protection Acts. How we process your data is set out in a Privacy Notice which you will have been issued with already, and in accordance with our GDPR Policy of which you will have been given a copy and which is also located in our Employee Handbook. Any other policies which govern how we deal with data will also be located in the Employee Handbook and your attention will be drawn to them. These documents are extremely important, and you should ensure that you read them carefully and comply with them. If you have any queries or are unsure about any aspect of them, including how you can ensure compliance with them, please speak to your manager for guidance. As compliance is of the utmost importance, failure to follow these procedures is an extremely serious matter and will be dealt with through the Disciplinary Procedure.

    16. Company Property
    You are personally responsible for all Company property which you use or which is given to you during your employment including money which you handle, computer equipment and mobile telephone. You must take care of the Company’s property. You will reimburse the Company for all losses suffered by it if property is lost or damaged (other than by fair wear and tear) as a result of your negligence.

    17. Right to Search
    The Company reserves the right to carry out searches of any or all employees entering or leaving its premises or while at work and to inspect the contents of any employee’s bag, briefcase, package locker and or vehicle. Searches may be conducted on a regular or random basis and without warning.
    All searches will be carried out discreetly and in private. If you are required to take part in a search, you may ask that it is conducted by a member of the same sex. You may also ask a colleague to attend as your witness. If, as a result of the search, you are suspected of being in possession of items belonging to the Company, any third party or any other employee without the relevant authority, or of items not permitted on Company premises you may be suspended on full pay pending further investigations.
    Depending on the outcome of those investigations, disciplinary action, including summary dismissal, may be taken against you. If you refuse to comply with a search request, your refusal will be treated as a disciplinary matter and disciplinary action, including immediate dismissal, may be taken against you.

    18. Previous Contracts and Entire Agreement
    This Statement supersedes all previous agreements and arrangements (whether oral or in writing) in relation to any of the matters dealt within it. This Statement, together with any documents referred to in it, constitutes the entire agreement and understanding between you and the Company regarding your employment.

    19. Variations
    The Company may make such changes to any of your terms and conditions of employment as it considers reasonable

    20. Declaration
    I acknowledge receipt of this Statement and my own copy of the Employee Handbook and confirm that I have read the Statement and the Employee Handbook, which set out the principal rules, policies and procedures relating to my employment.

    For the purpose of the application of statutory holiday entitlement under the Working Time Regulations, I agree that the holiday section of this Statement will be held to be a "relevant agreement".

    I understand that a permanent copy of the Employee Handbook is kept in the Head Office at 5 Falconer Street, Port Glasgow, PA14 5EJ and a printed copy is available in the back office in all salons.

    EMPLOYEE NAMED IN THIS CONTRACT (The New Starter)

    Full Name

    Signature

    Date of Signing

    ON BEHALF OF THE COMPANY (The Manager)

    Full Name

    Signature

    Date of Signing