• This statement is given to you in accordance with the provisions of the Employment Rights Act 1996 and the Employment Act 2002. Its purpose is not only to comply with the law, but also to clarify arrangements already in existence, and to provide clear guidance to you and the Employer as to each party’s rights and obligations. It should be read in conjunction with the Employee Handbook


    This contract is agreed between:
    A: Payco Services Limited (referred to as “the/your Employer”) and:


  • 1. COMMENCEMENT
    1.1.
    Your employment commences on the first day you do work for the Employer and your continuous employment begins on the same date and no other previous employment counts towards continuous employment.
    1.2. Your employment shall continue until you reach retirement age (see clause 4) or it is brought to an end either by you or your Employer.
    2. APPOINTMENT

    2.1.
    Your job title is as described in your enrolment details form.
    2.2. You agree to undertake any alternative duties that the Employer may from time to time reasonably require to assist the Employer in the smooth running of the business.
    3. PLACE OF WORK
    3.1. There is no fixed place of work. Your Employer will, where necessary, decide your place of work and will from time to time inform you of the premises or site where you will be required to work.
    3.2. The Employer will work with you to endeavour to provide you with work and procure work for you at various sites during the course of your employment.
    3.3. You may, in the process of your employment, be expected to work overseas, as your job demands. If you are required to work abroad for more than one month, you will be provided with an additional statement of terms.
    4. RETIREMENT
    4.1. Your employment under this statement of main terms and conditions of employment will automatically end on your 65th birthday, unless restricted by statute. If you request to remain in employment with the Employer after your 65th birthday, the Employer will consider your request and may agree to you continuing in your role or alternatively offer you an alternative role. The Employer cannot guarantee that you will be able to continue in your role or that an alternative will be offered.
    5. HOURS OF WORK
    5.1. You will normally be required to work 39 hours per week. You may be required to work nights.
    5.2. You may be requested to work outside normal hours including evenings and weekends from time to time, however you are under no obligation to do so. There is no premium rate for overtime hours or for Bank Holidays.
    6. THE 48 HOUR WORKING WEEK
    6.1. You may agree to work hours in addition to the current working time limit of 48 hours per week (averaged over a 17 week period). If you wish to do so, then this is a voluntary choice. Please confirm your agreement, or otherwise, at the end of this statement.
    7. WAGES
    7.1. Your pay will be performance related and will be agreed between you and your Employer and calculated according to fees your Employer charges for providing your services. You will always receive at least the National Minimum Wage for the hours you work, which currently as of April 2020 is £8.72 per hour (for adults). The National Minimum Wage rate changes from time to time and your Employer will ensure that you are paid in line with any changes.
    7.2. You will be paid on the Friday following the end of the week you have worked (a week in hand) by same day bank transfer.
    7.3. The Employer will review your rate of pay at its discretion and any variation in rate of pay will be confirmed in writing and shall take effect from the date specified.
    7.4. You must notify any error in payment of salary/wages to the Employer as soon as you become aware of the error, and you agree that the Employer can then deduct from any future payment due to you the amount of any overpayment made by the Employer to you. Equally, if the error has resulted in an underpayment to you, the Employer will ensure that the amount of any underpayment will be added to your next payment of wages/salary
    7.5. At the discretion of the Employer you will be paid any allowable expenses you incur in performing your duties including mileage on you completing and submitting expense/mileage claim forms to your Employer and providing any evidence of the expense incurred requested by the Employer. The payment of expenses is at the sole discretion of the Employer. Any payment of expenses does not entitle you to future payment, and payment of expenses to another employee does not entitle you to be paid expenses.
    7.6. You will receive a weekly remittance detailing your gross pay and deductions from this including tax, National Insurance Contributions, and any other statutory deduction in force from time to time. You will receive an explanatory leaflet as to how your pay is calculated at the commencement of your employment.
    WAGE DEDUCTIONS
    8.1. You agree that the Employer may deduct from your wages any money the Employer believes that you owe the Employer. This includes (but is not limited to) the cost of: a. any damage caused by you to the Employer’s property, b. property belonging to the Employer which is lost by you, c. paid holidays taken in excess of your entitlement at the termination of your contractof employment, and d. any overpayments of wages or expenses to you.
    8.2. By signing these terms and conditions of employment you consent to such a deduction being made from any outstanding wages or expenses then owed to you.
    9. PENSION SCHEME
    9.1. An occupational pension scheme is available to all employees through The People’s Pension. After a period of postponement eligible employees will be auto-enrolled and contributions taken unless you choose to opt out. Further information can be found at www.thepeoplespension.co.uk or the employer directly.
    9.1 ACCIDENT COVER
    9.11. B&CE Accident Cover is provided for all employees who have chosen to be registered with the B&CE scheme and further details of this are available from the employer or B&CE direct.
    9.2 LIFE COVER
    9.21. B&CE Life Cover is provided to all employees who have chosen to be registered with the B&CE scheme and further details of this are available from the employer or B&CE direct
    10. HOLIDAYS
    10.1. On commencement you will be entitled to paid annual leave of 28 days in each holiday year, based on your normal working week of 39 hours. It is a requirement of your employment that you take your full holiday entitlement. No roll-over to the following year or in-lieu payment will be allowed.
    10.2. The holiday year runs from 1 January to 31 December. Any annual leave that remains unused at 31 December cannot be carried over into the following holiday year. All annual leave should be notified to your Employer at least one week in advance.
    10.3. Your holiday pay is calculated at 12.07% of your normal, basic weekly wage only (expenses, benefits or bonuses are not included in this calculation).
    10.4. If you have chosen to be registered with the B&CE scheme or unless you inform us otherwise your holiday will be retained and paid to you as and when you are on holiday subject to the amount we have retained. This is known as “accrued” holiday pay. Upon termination of your employment you will be entitled to payment in lieu of any unused holiday entitlement or you agree that the company has the right to deduct from any amounts owing to you any pay for holidays taken in excess of your entitlement. The company reserves the right to require you to take any unused holiday entitlement during any notice period.
    10.5. Alternatively you can choose to receive your holiday pay each week with your wage or salary meaning you would need to retain this amount for when you take your holidays as you will not receive payment at the time you take your holiday (even if it is a bank holiday). This is known as “rolled up” holiday pay and basically ensures you receive your full holiday entitlement.
    10.6. Holiday requests must be approved by your employer in advance. We reserve the right to refuse requests for holidays where we feel that it is not convenient to the business’ needs.
    10.7. You will not normally be required to work on a UK Bank or Public holiday and you will not be paid for such holidays. If you are required to work on a Bank holiday you will be paid your normal hourly rate of pay as detailed in clause 7.1.
    11. SICKNESS POLICY
    11.1. In all cases of absence from work through illness or injury you must follow the rules set out in the Employee Handbook.
    12. OTHER TIME OFF
    12.1. This is time off work required by you for reasons other than holidays, sickness/ injury or in exercise of any of your leave rights under legislation. You will only be permitted to take other time off work with the Employer’s permission. Any requests for other time off work will only be granted at the Employer’s discretion and will be unpaid.
    12.2. The Employer will comply with the law at all times in respect of statutory maternity, paternity and adoption leave rights and other parental rights. Details of such rights can be obtained from your Employer.
    13. WHAT WE EXPECT FROM YOU
    13.1. You must comply with all reasonable and lawful instructions and requests of your Employer and follow the rules and procedures that the Employer has in place and may be issued from time to time.
    13.2. You must devote your whole time, attention and abilities to your duties during your working hours and take all reasonable step
    13.3. You must report to your Employer when required.
    13.4. You are asked to inform the company if you undertake any other work outside your contracted hours of work. It is important that the Employer is aware of any other work you do, not only so that the Employer can be satisfied that you are complying with clause 13.2 above, but also, from a health and safety point of view, to ensure that you are not working excessive hours and putting yourself and/or other employees at risk.
    13.5. During your employment with the Employer and for a period of twelve months immediately after the termination of your employment with the Employer, whether as principal or agent, and whether alone or jointly with, or as director, manager, partner, shareholder, employee or consultant of any person, directly or indirectly, approach, accept work from or promote any company or organisation to any customer of the Employer. On the Employer incurring any financial penalty from a customer at any time following a breach by you of this clause, you will indemnify the Employer in respect of such financial penalty and any other costs and expenses incurred by the Employer in relation to this including, without limitation, any costs or expenses incurred in making payment to any customer and in defending any customer’s claim for such financial penalty.
    13.6. You are required to inform the Employer if at any time you have been convicted of a criminal offence of any nature (unless the conviction has been spent as defined under the Rehabilitation of Offenders Act 1974). In signing these terms and conditions of employment, you agree that you have told the truth about your criminal record. You must inform the Employer if, at any time during your employment, you are arrested, charged with, summonsed for, or convicted of a criminal offence of any nature and you
    14. NOTICE OF TERMINATION OF EMPLOYMENT
    14.1. The notice to be given by the Employer to terminate your employment shall be in accordance with the Employment Rights Act 1996 and is set out in the Employee Handbook.
    14.2. The notice you have to give to the Employer is one week, regardless of length of service.
    15. LAY OFF
    15.1. In the event that there is a downturn in work and therefore a reduction in the requirements of the Employer for work of a kind which you are employed to do, the Employer reserves the right not to provide you with work (lay you off) and ask you to remain at home without pay.
    16. COLLECTIVE AGREEMENTS
    16.1. There are no known agreements in existence which affect these terms and conditions.
    17. CONFIDENTIALITY
    17.1. Confidential Information includes, but is not limited to, the Employer’s customer/client identities and lists, information about the Employer’s customers/clients, other employees, suppliers and prices or any other information which is retained on the Employer’s database or which relates to the Employer’s business, including business plans, or the Employer’s customer’s/client’s businesses which is not freely available to the public.
    17.2. You agree that during and after your employment you will not disclose to any person for any purpose whatsoever Confidential Information which has come to your attention during the course of your employment. You will at all times protect and maintain the confidentiality of the Employer’s information and that of its clients and may only disclose such information as required by law or as is necessary during the course of your duties with the Employer. You understand that this obligation will continue at all times both during and after termination of your employment unless or until the information has come into the public domain.
    18. DATA PROTECTION
    18.1. We will process personal data and sensitive personal data (also known as ‘special categories of personal data’) relating to you in accordance with our Data protection policy and our data protection privacy notice available from the Data Protection Manager. We may monitor staff in accordance with our relevant policies which are available from the Data Protection Manager. You will comply with your obligations under our data protection policy and other relevant policies. The Employer may transfer personal data and sensitive personal data outside the European Economic Area in accordance with the Employer’s data protection privacy notice.
    19. RETURN OF COMPANY PROPERTY
    19.1. You agree that on termination of your employment you will return all property, equipment, records, correspondence, documents, files and other information (whether originals, copies, extracts on disc, computer, hard copy or otherwise) belonging to the Employer and you will not retain any copies
    20. DISCIPLINARY PROCEDURE
    20.1. Details about the disciplinary procedure which may be used if your conduct or performance falls below the required standard can be found in the Employee Handbook provided with these terms. Should you be unhappy with any disciplinary decision taken against you, you should take the matter up with your Employer in writing. Further details of the appeal procedure are as set out in the Employee Handbook.
    21. GRIEVANCE PROCEDURE
    21.1. If you have a grievance regarding your employment you should raise this with your Employer orally or in writing. If the matter is not resolved at this stage or if you are not satisfied with the outcome, you should continue with the steps of the grievance procedure, which is set out in the Employee Handbook.
    22. EMPLOYEE HANDBOOK
    22.1. A copy of the Employer’s ‘Employee Handbook’ which also incorporates the ‘Health & Safety Manual’ will be provided on enrolment in your Welcome Information Pack, it can also be found on-line at www.paycoservices.co.uk. Should you require a further copy please contact the Employer.
    22.2. We recommend you read the Handbook through before signing the declaration below.
    23. CHANGES TO TERMS OF EMPLOYMENT
    23.1. From time to time either the law will change or the way the Employer organises itself or does business will change and it will be necessary to change some of these terms of employment. The Employer therefore reserves the right to make reasonable changes to any of your terms and conditions of employment by giving you not less than one month’s written notice of any such change. Such changes will be deemed to be accepted by you unless you notify the Employer of any objection in writing within two weeks of receipt of notification of the change.
    23.2. Non enforcement does not waive the Employer’s rights to enforce this contract.
    23.3. The Employer’s failure to enforce its rights under these terms and conditions of employment immediately following a breach of these terms and conditions by you becoming known to the Employer does not amount to an acceptance of your breach or future breaches by the Employer or waiver of the Employer’s right to enforce its rights so that action against you by the Employer for your breach can be taken at a later date.
    24. WHOLE AGREEMENT
    24.1. This contract is the whole agreement between you and the Employer and supersedes all previous contracts, agreements, arrangements or understandings whether oral or written between the parties. No amendment to this contract will be legally binding unless made in writing and signed by the Employer.
    25. THE ENGLISH COURTS
    25.1. These terms and conditions of employment are governed by English law and any dispute that arises out of your employment will be determined by the Courts and Employment Tribunals of England.