STATEMENT OF PARTICULARS OF EMPLOYMENT - Smartsheet.com
STATEMENT OF PARTICULARS OF EMPLOYMENT
This Statement sets out the main terms of your employment with Pro Sentry Ltd. (“the Company”), which the Company is required to provide to you under the Employment Rights Act 1996. This Statement together with your code of conduct, offer letter and the Employee Handbook form your written contract of employment.
Please print your full name below
The Employee Handbook is available for you to consult at each operation.
Commencement of Employment:
Your employment with the Company will be classed as commenced the day you will perform first shift.
No previous employment counts toward your period of continuous employment with the Company.
There are no Collective Agreements affecting the terms of your employment.
The title of the job which you are employed to do is:
SECURITY OFFICER / CONCIERGE OFFICER
A job description is attached to this Statement.
The Company may amend your duties from time to time and may require you to undertake other duties as necessary to meet the needs of the business.
Your employment is subject to satisfactory completion of a three-month probationary period. The Company reserves the right to extend this period at its discretion.
The Company will assess and review your work performance during this time and reserves the right to terminate your employment at any time during the probationary period.
During the first month of your probationary period, either the Company or you may give one day’s notice to terminate your employment. After one month’s service and up to satisfactory completion of your probationary period, the Company or you may terminate your employment by giving one week’s notice.
Further details of notice to terminate your employment are set out later in this Statement.
Place of Work:
Due to the nature of your position you are required to travel to and work at customer and potential customer sites and other work-related locations anywhere in London, in order to meet the needs of the business.
Your rate of pay is variable from site to site, payable on the 10th of the following month by BACS.
The Company reserves the right to deduct any outstanding monies you owe to the Company from your pay or, on termination of employment, from your final pay. This includes any previous error or overpayment, holiday or time off in lieu taken but not yet accrued, the costs of damages or losses attributable to your negligence, motoring fines the cost of personal calls on Company telephone or mobile telephones, the cost of your SIA licence.
Where you have entered into a training agreement with the Company, any outstanding costs detailed in the agreement will be deducted from your final pay.
Hours of Work:
Your normal working hours will be according to the need of the business. These hours will be organised according to a rota system, which the Company will notify you of your duties.
You will be required to work at weekends and public holidays as part of your normal working week.
You will be required to work in the evenings or at night as part of your normal working week.
In addition to your normal hours of work, you are required to work any necessary additional hours for the proper performance of your duties.
The Company may require you to perform a reasonable amount of work outside your normal hours of work, depending on the needs of the business. You are entitled to receive payment for this work at your normal hourly rate.
Short Time Working and Lay Off:
The Company reserves the right to introduce short time working or a period of temporary lay off where this is necessary to avoid redundancies or where there is a shortage of work.
The holiday year runs from…JAN………. To…DEC……...
Your annual holiday entitlement in any holiday year is…20 + 8……, which part time employees will receive on a pro rata basis.
Employees with less than 12 months’ continuous service with the Company are not entitled to take annual holiday until it has accrued.
You will be paid at your basic rate of pay in respect of periods of annual holiday.
On termination of employment, you will be entitled to be paid for holiday accrued but not taken at the date of termination of employment.
If on termination of employment you have taken more annual holiday than you have accrued in that holiday year, an appropriate deduction will be made from the employee’s final pay.
You are not permitted to carry over accrued annual holiday from one holiday year to the next.
All periods of annual holiday must be authorised in advance by management. You must not make firm annual holiday arrangements before receiving confirmation from management that your request has been authorised.
You are required to submit completed Holiday Request Forms to your line manager as early as possible, normally giving a minimum of four week’s notice.
You are not normally permitted to take more than two weeks’ annual holiday at any one time.
Employees who take unauthorised annual holiday may be subject to disciplinary action.
Requests for annual holiday will normally be granted on a ‘first come, first served’ basis. Owing to the needs of the business, management reserves the right to limit the number of employees who may be permitted to take holiday at any one time. The granting of all holiday requests will be subject to adequate cover being available and the overall needs of the Company.
Annual holiday may not normally be taken over the Christmas and New Year period. This is the Company’s busy time and no employee will be permitted to take holiday at this time except at the discretion of management.
Employees who are ill during a period of authorised annual holiday are not normally permitted to take the annual holiday at a later time.
Employees who are absent from work because of sickness immediately prior to a period of authorised annual holiday and whose incapacity extends into the authorised annual holiday period may be permitted to delay the period of annual holiday until a later time upon submission of a medical certificate completed by a medical practitioner. Employees taking advantage of this facility are required to submit a further annual holiday request in respect of the new period of annual holiday.
The Company may require an employee to take all or part of any outstanding holiday entitlement during a period of notice to terminate employment.
Full time employees are entitled to eight public holidays each year, and will be advised of the relevant dates as early as possible. The public holidays that are recognised are New Year’s Day, Good Friday, Easter Monday, May Day, Spring Bank Holiday, August Bank Holiday, Christmas Day and Boxing Day.
Part time employees are entitled to public holidays pro rata.
Employees may be required to work during recognised public holidays, depending on the needs of the business. Employees will be given as much notice as possible of such a requirement.
Further details of annual and public holidays are set out in the Employee Handbook.
If you are absent from work because of sickness or injury you will be entitled to Statutory Sick Pay, provided you meet the qualifying conditions.
Further details of the rules and procedures in respect of absence due to sickness or injury are set out in the Employee Handbook.
Following successful completion of your probationary period, you are required to give one week’s notice to terminate your employment with the Company.
Following successful completion of your probationary period, you are entitled to receive the following notice of termination of employment from the Company:
End of probationary period but less than two years' continuous service:
Two years' continuous service or longer:
One week for each complete year of service up to a maximum of 12 weeks after 12 years’ service.
The Company may exclude these notice provisions in the event of dismissal for gross misconduct.
The Company reserves the right to make payment in lieu of notice.
Disciplinary Procedure, Code of Conduct and Company Rules:
The Company’s Disciplinary Procedure, Code of Conduct and Company Rules are set out in the Employee Handbook. You are strongly advised to familiarise yourself with them.
Disciplinary and Dismissal Appeals:
If you are dissatisfied with any disciplinary or dismissal decision taken in respect of you, you may appeal to the Managing Director. Further details on Disciplinary and Dismissal Appeals are set out in the Employee Handbook.
The Company encourages employees to settle grievances informally. If, however, you have a grievance relating to any aspect of your employment, which you would like to be resolved formally, you must set out the grievance and the basis for it in writing and submit it to your line manager. Further details of the Grievance Procedure are set out in the Employee Handbook.
It is a condition of your employment that you wear a uniform at all times during your working hours.
The Company will supply you with the necessary uniform. You are expected to take care of the uniform and to maintain it in a reasonable condition. The Company reserves the right to deduct the costs of replacing or repairing any uniform damaged as a result of your actions from your pay.
You are required to return your uniform in reasonable condition upon termination of your employment. The Company retains the right to deduct the cost of any uniform that is not returned, or is returned in a damaged condition due to your actions, from your final pay.
On Site Rules and Protective Clothing:
It is a condition of your employment that when working on site you follow any site-specific rules and wear any PPE or other items required on site at all times during your working hours.
Health and Safety:
You are required to gain an understanding of the Company’s health and safety procedures, observe them, and ensure that safety equipment and clothing are always used. The Company’s health and safety information is the staff handbook.
If you are disqualified from driving and a significant proportion or all of your duties require you to hold a valid driving licence, the Company reserves the right to terminate your employment where suitable alternative employment is not available.
You may be provided with a mobile telephone to assist you to perform your duties. The Company will pay the line rental and the costs of business telephone calls.
You are not permitted use of the mobile telephone for personal purposes. Where personal calls are made, you will be notified of this and you will be responsible for paying the excess costs, normally by deduction from your following pay unless you agree an alternative method with the Management.
Third Party Agreement:
Your employment with the Company may in some circumstances be conditional on the approval of third parties at whose premises you work or visit. If the third party withdraws permission for you to be on its site, the Company will consider all alternative arrangements, which can be made in order to maintain your continued employment by the Company. If, however, in the sole opinion of the Company, no alternative arrangements can be made, the Company reserves the right to terminate your employment.
Devote Full Time to the Company:
You must devote the whole of your time, attention and abilities during the hours of work for the Company to your duties for the Company and may not in any circumstances, whether directly or indirectly, undertake any other duties of whatever kind during your hours of work for the Company.
You may not, without the prior written consent of the Company, engage, whether directly or indirectly, in any business or employment, which is similar to or in any way connected or competitive with the business of the Company outside your hours of work for the Company.
You acknowledge that during the course of your employment you will have access to Confidential Information belonging to the Company. You shall not at any time during (except in the proper course of carrying out your duties) or after your employment whether directly or indirectly disclose to a third party or make use of any Confidential Information.
For the purposes of this section, “Confidential Information” shall include: information relating to business methods; corporate plans; finances; business opportunities and development projects of the Company; trade secrets including designs or inventions belonging to the Company; all or any information relating to the marketing or sales of any past, present or projected product or service of the Company; and any information in respect of which the Company owes an obligation of confidentiality to a third party.
Changes to Terms of Employment:
The Company reserves the right to make reasonable changes to any of your terms and conditions of employment and will notify you in writing of such changes at the earliest opportunity and, in any event, within one month of such changes taking effect.
Restrictive Covenant Agreement:
"Restricted Business" shall mean any business or activity carried on by the Company at any time during the Relevant Period and in which the Employee shall have been directly concerned during the Relevant Period.
"Restricted Clients" shall mean any person, firm or Company or other organisation or entity who was at any time in the Relevant Period a Client of the Company.
"Prospective Clients" shall mean any person, firm, Company or other organisation or entity who at the date of termination of the Employee's employment with the Company was engaged in negotiation with the Company with a view to engaging the Company's services.
"Relevant Period" shall mean the twelve month period preceding the date of termination of the Employee's employment with the Company, ending on that date.
Clause 1 - Non-Solicitation and Non-Dealing Covenants:
A) Of Restricted Clients:
The Employee shall not, during the period of twelve months after the date of termination of their employment with the Company, directly or indirectly on their own account or on behalf of or in conjunction with any person, firm, company or other organisation or entity either:
a) conduct Restricted Business; or
b) canvass or solicit or by any other means seek to conduct Restricted Business;
with any Restricted Client whom the Employee shall have had material dealings in the course of their duties during the Relevant Period.
B) Of prospective Clients:
The Employee shall not during the period of twelve months after the date of termination of their employment with the Company, directly or indirectly on their own account or on behalf of or in conjunction with any person, firm, company or other organisation or entity either:
a) conduct Restricted Business; or
b) canvass or solicit or by any other means seek to conduct Restricted Business;
with any Prospective Client whom the Employee shall have had material dealings in the course of their duties during the Relevant Period.
Clause 2 - Confidentiality:
The Employee shall not make use of, divulge or communicate to any person (save in the proper performance of their duties) any trade secrets or other confidential information of or relating to the Company, or that of other persons or bodies with whom the Company has dealings of any sort, which the Employee may have received or obtained, or has otherwise been acquired by them in confidence, whilst in the employment of the Company. The restriction shall continue to apply after the termination of employment without limit in point of time but shall cease to apply to information ordered to be disclosed by a Court of competent jurisdiction or otherwise required to be disclosed by law.
Confidential information shall include but shall not be limited to 'client information'. 'Client information' includes information relating to:
a) the names or addresses or telephone numbers of the Company's clients and/or the employees of such clients with whom the Company has had contact.
b) the requirements of such clients for:
i. Key handling and mobile patrolling services;
ii. Retail security services;
iii. CCTV monitoring services;
iv. Facilities management services;
v. Static guard services; and
vi. Concierge services.
The Employee is to exercise reasonable care to keep safe all documentary or other material containing confidential information, and shall at the time of termination of their employment with the Company, or at any other time upon demand, return to the Company any such material in their possession.
Clause 3 - Copyright:
All written material, whether held on paper, electronically or magnetically which was made or acquired by the Employee during the course of employment with the Company, is the Company's property and copyright.
At the time of termination of employment with the Company, or at any other time upon demand, the Employee shall return to the Company any such material in their possession.
Clause 4 - Non Poaching of Employees:
The Employee shall not either during their employment with the Company or during the period of twelve months after the date of termination of their employment, directly or indirectly induce or seek to induce any senior member of staff who was employed by the Company at the date of termination of the Employee's employment and with whom they had material contact/dealings to leave the employment of the Company, whether or not this would constitute a breach of contract on the part of the aforementioned other employee.
Clause 5 - Prevention of Employment by Client:
The Employee shall not during the period of twelve months after the date of termination of their employment with the Company directly or indirectly be engaged or employed by any Restricted Client with whom the Employee shall have had material dealings in the course of their duties during the Relevant Period.
Clause 6 - Non Competition:
A) The Employee hereby undertakes with the Company that they will not (without the prior written consent of the Company) during their employment and during the period of three months after the date of termination of their employment whether by themselves, through their employees or agents or otherwise or howsoever, and whether on their own behalf of any other person, firm, Company, or other organisation directly or indirectly in competition with the Company, be employed or engaged or otherwise conduct any Restricted Business.
B) The employee hereby undertakes with the Company that they will not at any time after the termination of their employment in the course of carrying on any trade or business, claim, represent or otherwise indicate any association with the Company, or for the purpose of carrying on or retaining any business or custom, claim, represent or otherwise indicate any past association with the Company to its detriment.
Clause 7 - Intellectual Property:
A) It is anticipated that in the course of your duties you may make or discover intellectual property and in this respect you have a special obligation to further the interests of our Company.
B) Intellectual property includes patents, registered or unregistered trademarks and designs, utility models, copyrights, including design copyrights, applications for any of the foregoing and the right to apply for them in any part of the world, discoveries, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research relating to the above, business names, whether registerable or not, moral rights and any similar rights in any country.
C) Subject to the provisions of the Patents Act 1977 and the Copyright, Designs and Patents Act 1988, if any time during your employment you make or discover or participate in the making or discovery of any intellectual property relating to or capable of being used in the business carried on by us, you must communicate the details forthwith to us and such intellectual property will be the absolute property of us. At our request and expense, you must give and supply all such information, data, drawings and assistance as may be necessary to enable us to exploit the intellectual property to best advantage, and must execute all documents and do such things as may be necessary or desirable for obtaining patent and other protection for the intellectual property in such parts of the world as may be specified us and for vesting the same in our Company or as we may direct.
D) You irrecoverably appoint our Company in your name and on your behalf to sign and execute such instruments and do such things and generally to use your name for the purposes of giving to us (or our nominees) the full benefit of the provisions of this clause. A certificate in writing signed by us that an instrument or act falls within the authority conferred by this clause will be conclusive evidence that such is the case.
E) If while in the employment of our Company you make, or discover intellectual property which does not become the property of our Company then, subject to the provisions of the Patents Act 1977, we will have the right to acquire for ourselves or our nominee your right therein on fair and reasonable terms, to be agreed or settled by a single arbitrator appointed by the President of Chartered Institute of Arbitrators who shall adjudicate at our joint expense.
F) The rights and obligations arising under this clause will continue to have full force and effect after your employment has terminated and will be binding upon your representatives.
Each of the restrictions contained in this Restrictive Covenant Agreement is intended to be separate and severable. In the event that any of the restrictions set out above shall be held to be void, then its/their deletion shall not affect the remainder of this Agreement, whose restrictions shall continue to apply with such deletion as may be necessary to make it valid and effective.
I understand that during the course of my employment it will be necessary for the Company to maintain personnel records in relation to my employment. Any information held concerning my employment which is personal data and which is processed by the Company for these purposes shall be processed only in accordance with the Data Protection Act 1998.
I acknowledge receipt of this Statement. I have been shown the Employee Handbook. I confirm that I have read the Statement and the Employee Handbook which set out the principal rules, policies and procedures relating to my employment and which together with my offer letter form my written contract of employment.
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Mohammed Azeem Rashid
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