01325 466704
CLIENT / Tica Advice Line
REF / 773 TICA Basic Industry CoE New Starter 151214
SUBJECT / Use this Basic Contract of Employment format for new starters – employees covered by the “Pink Book”
NB: this document is intended to cover only basic legal requirements and specific professional advice MUST be sought if in any doubt
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PRIVATE AND CONFIDENTIAL (Company letterheading)
Name < >
Address < >
Dear < >
I am pleased to confirm your employment with NAME OF THE COMPANY Ltd (“the Company”) based on the following terms and conditions.
All aspects of your employment are governed by [the Employment Rights Act 1996] and the National Agreement for the Thermal Insulation Contracting Industry (The “Pink Book”). This Agreement is referred to as “The National Agreement”, and a copy is available for your inspection.
Start Date:
Your employment starts on < >
No previous employment counts as continuous service.
Job Title:
Your job title is < >
Your main duties may change to meet business needs or you may be required to work in other equivalent roles, or at different locations, as the Company may reasonably require.
Right to work in the UK
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.
Location:
You are based at the Company’s premises currently at the address specified above or such other place as we may reasonably determine.
You will not be required to work outside the UK [for more than one month] during your employment.
Probationary period:
Your employment is subject to satisfactory completion of a three month probationary period. The Company may extend this period for a further three months if it considers it appropriate to do so.
Working hours:
Your working hours will be in accordance with the National Agreement.
The basic (full time) working week shall consist of 38 hours.
Your normal working hours are between [TIME] and [TIME], [Mondays] to [Fridays] inclusive with a lunch break of [INSERT].
You may be required to work such additional hours as are necessary for the proper performance of your duties and the provisions regarding overtime working are contained in the National Agreement. .
Working Time Directive:
You should refer to the National Agreement.
Individual employees may agree in writing to work more than the 48-hours average weekly limit provided for under the Working Time Regulations 1998.
Wages/ Salary:
Your wage will accrue from day to day and be paid weekly in arrears on the [DATE] of each week directly into your bank or building society account.
Your gross basic pay hourly rate is [AMOUNT] or as set out in the National Agreement.
Any future reviews of your pay will be will be in line with the National Agreement.
Overtime:
From time to time there may be a requirement for you to work reasonable amounts of overtime according to the needs of the business, with appropriate notice. Please refer to the National Agreement.
You shall not be permitted to work overtimeif your hours would exceed 48 hours per week averaged over a 17-week reference period, unless you have signed an opt-out agreement.
Duties:
Your main duties are set out in your Job Description which is available from [POSITION].
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 Company's business and interests.
You may not without first obtaining the prior written consent of the Company accept or hold any other employment or directly or indirectly be interested in any other trade, business or occupation whilst working for the Company.
Deductions from Pay:
For the purposes of the Employment Rights Act 1996 you authorise the Company to deduct from your salary or other sums due to you any sums due including, but not limited to and without limitation, any over payment of salary and any advances or loans made to you by the Company. In the event of such sums being due 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 Company within one month of the date of the termination of your employment.
Holidays:
The terms and conditions are laid down in the National Agreement.
You are entitled to 5 weeks’/25 days’ (for full time employees) paid holiday during each holiday year (or a pro-rata equivalent if you work part-time) plus 8 days on public and/or bank holidays in line with the National Agreement.
The holiday year runs from January 1st to 31 December each year. If your employment starts or finishes part way through the holiday year, your holiday entitlement during that year will be calculated on a pro-rata basis.
Holiday must be taken and unused holiday entitlement cannot be carried forward to the following year. Holiday must be taken at a time convenient to the Company and no more than 10 days may be taken at any one time unless permission is given.
Holiday dates must be agreed by [POSITION] in advance. You will be expected to reserve a specific number of days holiday to be taken over the Christmas/ New Year period depending on the applicable dates for a particular year.
We shall not pay you in lieu of untaken holiday except on termination of employment. The amount of such payment in lieu shall be [1/260th of your salary for each untaken day of your entitlement.
If you have taken more holiday than your accrued entitlement at the date your employment terminates, we shall be entitled to deduct the excess holiday pay from any payments due to you for each excess day.
Absence/Sickness:
In the event of any absence, you must personally contact your Manager by telephone within the first hour of your normal start time on the first day of absence.
If you are ill for less than 7 consecutive days you must complete a self certification form. For longer periods of illness a Doctor’s certificate must be supplied and additional ones sent to cover the whole period of sickness.
Provided you comply with all the above requirements, you may be entitled to Statutory Sick Pay, and to the provisions of sickness benefit in line with the National Agreement.
The Company may at any time require you to have a medical examination at the Company’s expense. You authorize such medical practitioner to disclose to and discuss with the Company the results of the examination and the matters that arise from it.
Disability:
Should you have or develop a condition that could be described as a disability you must inform us so that we may undertake any reasonable adjustment necessary. Such information will be treated in strictest confidence and you will not be subjected to any form of discrimination or detriment because of your disclosure.
Notice period:
During the first month of your employment, either party may terminate this employment without notice.After one months’ service, you are required to give and entitled to receive one week’s written notice to terminate your employment. Following 2 years’ service, either of us can terminate employment by giving one weeks’ notice for each complete year of service, up to a maximum of 12 weeks.
We may at our discretion terminate your employment without notice and make a payment in lieu of notice instead.
We reserve the right to terminate your employment summarily without notice or payment in lieu of notice in the event of gross misconduct, if you commit a serious breach of your obligations as an employee or you cease to be entitled to work in the UK.
Retirement:
The Company acknowledges the abolition of the default retirement age. Should you wish to retire you must discuss your intention with the Companyand give us notice in line with your notice requirement as set out above.
Resolving Problems:
The Disciplinary and Grievance Proceduresare set out in the National Agreement, a copy of which is available for inspection, or can be issued to you on request. These procedures do not form part of your contract of employment.
If you wish to appeal against a disciplinary decision you may apply in writing.
If you wish to raise a grievance you may apply in writing] in accordance with the Grievance procedure contained in the National Agreement.
You will also have the right to be accompanied by a colleague or a trade union representative/official at all formal meetings, but not at investigation meetings.
Health and Safety:
The Company recognizes and accepts its responsibilities to provide a safe and healthy environment for staff.
As an employee you have a duty to take reasonable care of yourself and others who may be affected by your acts whilst at work.
Data Protection Act:
You agree to the processing of personal data by the Company 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.
Lay Off:
The Company reserves the right to lay you off in circumstances as outlined in the National Agreement.
Use of Company Vehicles:
You must comply with Company rules on the use of Company vehicles particularly if you are an actual or potential user of such a vehicle. A copy of the Company policy is available from [POSITION].
In order to be able to use Company vehicles, you must:
Have a current full driving license;
take good care of the car and ensure that the provisions of the Company's car policy as amended from time to time and any policy of insurance relating to the car are observed;
be responsible for payment of all fines incurred for traffic offences and parking fines;
notify the Company of any accidents involving the car (whether or not these take place while you are on business);
immediately inform the Company if you are convicted of a driving offence or disqualified from driving;
not use the company car for personal use;
return the car, its keys and all documents relating to it to the Company's registered office or such other place as the Company may reasonably stipulate immediately on the termination of your employment howsoever arising or on the Employee becoming no longer legally entitled to drive.
Terms of Offer and Variation:
The Company reserves the right to make reasonable changes to these terms and conditions of employment. You will be given at least one month’s written notice before significant changes are made. Such changes will be deemed to have been accepted unless the Company receives from you an objection in writing before the expiry of the notice period.
Collective Agreements:
Your employmentis governed by the collective agreement (“The Thermal Insulation Contracting Industry National Agreement 2014”)between the Company andGMB and Unite Union, which is incorporated into your contract and may be amended from time to time. A copy is available from [POSITION]. The terms of which are set out in the National Agreement / Pink Book.
This offer of employment is made subject to:
- The Company receiving two references on terms acceptable to the Company;
- On the date of commencement you are contractually free to join the Company;
- You not being subject to any contractual term that would be breached by you commencing work with us;
- You supplying relevant documents to the Company proving your legal right to work in the UK.
To signify acceptance of these terms please sign and return the enclosed copy of this agreement. Should we not receive this within two weeks then this offer will lapse.
I congratulate you on your success and look forward to you joining NAME OF THE COMPANY.
Yours sincerely,
Name: < >
Title: < >
Acceptance:
I accept the terms and conditions of employment as set out above.
Name: …………………………………………………….
Signature: ……………………………………………
Date: …………………………………………..