Employment contract
The firm's employment contract is in two parts - a General Statement and an Individual Statement:
GENERAL STATEMENT OF TERMS AND CONDITIONS OF EMPLOYMENT (PURSUANT TO THE EMPLOYMENT RIGHTS ACT 1996)
1. INTRODUCTION
1.1 This General Statement of Terms and Conditions of Employment and attached appendices ("the Statement") applies to all members of staff of Bartlett Kershaw Trott ("the Firm"). It should be read in conjunction with the Individual Statement of Terms and Conditions of Employment ("the Individual Statement") issued separately and in the case of chartered students with the training contract issued by the Institute of Chartered Accountants in England and Wales.
1.2 This document is confidential and should be retained in a safe place.
1.3 The Firm reserves the right to alter or vary its terms of employment from time to time to meet business or legal requirements. You will be notified of minor changes of detail by way of a general notice to all employees and any such changes will take effect from the date of the notice. You will be given not less than one month's notice in writing of any significant changes. Such changes will be deemed to be accepted and agreed by you unless you notify the Firm of any objection, in writing, before the end of the notice period.
2. HOURS OF WORK
2.1 Normal office hours are 9.00 am to 5.30 pm Monday to Friday including one hour for lunch (which is unpaid). The standard working week is therefore 37.5 hours although on occasions staff may be required to work beyond these stated hours. The Firm reserves the right to amend or change the normal office hours.
2.2 Part time employees and employees whose hours of work are different from normal office hours are individually advised of the hours of work applicable to their employment.
2.3 Staff should normally take their lunch breaks between 1pm and 2pm subject to the agreement of the partner to whom they are responsible.
2.4 When working in a client's office, the working day is the period of 7.5 hours (excluding one hour for lunch) which fits most conveniently into the client's hours of work. When a long journey is involved an employee is expected to arrange his/her travelling so that he is able to work a reasonable working day. As a general rule, the first half hour of extra travelling time (i.e. over his/her normal travelling time from home to office and back) should come out of the employee's own time, the balance out of the working day.
3 EXPENSES AND TIMESHEETS
3.1 An employee is entitled to reimbursement, on the scale from time to time laid down by the Firm, of travelling and incidental expenses properly incurred in the course of employment. In this respect attention is specifically drawn to Appendix II to this Statement regarding the use of an employee's own car on the Firm's business.
3.2 All expenses must be claimed on a timely basis on the standard expense form and should be authorised by the person with managerial responsibility for the client.
3.3 VAT receipts and vouchers must support expenses claimed where applicable.
3.4 Formal entertaining of clients' staff will normally only be undertaken by the partners. Where members of staff consider it appropriate to entertain clients' staff they should obtain prior authority from the client partner before issuing an invitation.
3.5 Unnecessary entertaining and fraternising with clients' staff may jeopardise the essential independence required in the majority of the Firm's work.
3.6 All employees must submit completed timesheets and expense claims by 9am on the Monday following the weekly period to which they relate. Timesheets must also be made up to the last working day of the month and submitted as soon as possible thereafter.
4. HOLIDAY ENTITLEMENT
Holiday year
4.1 The Firm's holiday year begins on 1 April and ends on 31 March in each year.
4.2 No holiday may be taken in the first three months of employment although entitlement accrues from the first day of employment.
4.3 In addition to public holidays, you are entitled to 20 days paid annual holidays in each year. After 5 years continuous service you will be entitled to an additional 5 days paid holiday per year.
4.4 During the holiday year in which you join or leave the Firm you will be entitled to 1/12th of your annual entitlement for each month during which you are employed in the holiday year, rounded up to the nearest whole day.
4.5 The entitlement of part time employees to paid annual holidays is pro-rata to the days normally worked unless otherwise stated in the individual Statement of Terms and Conditions.
4.6 [Spare]
4.7 Only with written prior approval of the staff partner will holidays be carried over into the next holiday year. The amount of holidays to be carried forward is limited to a maximum of one week and if not taken within three months will be lost. In no circumstances will payment be made for annual holidays not taken.
4.8 Unless otherwise agreed with a partner, an employee is only permitted to take two weeks holiday entitlement at any time and there must be at least two weeks between each period of holiday entitlement.
4.9 All staff requiring holiday leave, time off in lieu or unpaid study leave must submit an Authorised Standard Application Form to the staff partner or his/her appointed deputy as soon as possible.
4.10 Staff must give as much notice as is possible of their holiday and TOIL arrangements. Unless otherwise agreed, in all cases at least six weeks' notice must be given. The Firm is not obliged to agree to holiday requests when travel or other bookings have been made before the dates concerned have been agreed.
4.11 Except in agreed circumstances staff are requested not to take holiday or TOIL during their office's or department's busy periods.
4.12 If an employee has been booked on a client in the period in which he wishes to take holiday or TOIL, he/she must inform the person with managerial responsibility for that client of his/her intentions and obtain his/her approval prior to obtaining the authorisation required in 4.9 above.
4.13 If an employee joins the Firm with a prior commitment to holidays in the year of joining all reasonable endeavour will be made to honour that prior commitment up to a maximum of two weeks.
4.14 Holiday entitlement may not be taken as part of notice of termination of employment unless by arrangement with the staff partner.
4.15 If an employee resigns or is dismissed, other than for gross misconduct, he/she will be entitled to receive holiday pay for any holiday entitlement not taken at the date of leaving.
4.16 If an employee's holidays taken exceed entitlement, he/she will be required to refund the Firm an amount equivalent to the number of days by which he/she has exceeded his entitlement. This sum may be deducted from any money owing to him/her at the time of leaving the Firm.
4.17 If an employee is dismissed for gross misconduct, or if an employee leaves without giving or working his/her proper notice, he/she will lose his/her entitlement to accrued holiday pay.
4.18 All full time employees are entitled to be paid for the following public holidays:-
New Year's Day
Good Friday
Easter Monday
May Day Holiday
Spring Bank Holiday
Late Summer Bank Holiday
Christmas Day
Boxing Day
4.19 Payment in respect of a public holiday may be forfeited where absence immediately before or after the holiday occurs without a reason acceptable to the partner or manager to whom an employee is responsible.
4.20 An employee is only eligible for payment for a public holiday provided he has worked for the Firm both before and after the public holiday in question.
4.21 If during any holiday year paid study courses or the Firm's in-house courses coincide with bank or public holidays by more than two days in total, the excess over two days may be taken as holiday in lieu of the bank holiday.
4.22 Part time employees are only paid for public holidays if they fall on a day on which they would normally work.
5. SICKNESS AND INJURY
5.1 After a completed year of service, in the event of absence on account of sickness or injury an employee will be paid normal basic remuneration for a maximum period of one month in any one year, whether such a period is a consecutive or broken period of absence. This payment will be inclusive of any entitlement to Statutory Sick Pay (SSP). Payment, if any, for absence in excess of this period will be at the discretion of the Firm.
5.2 An employee is not entitled to payment in excess of his/her Statutory Sick Pay entitlement for any absence on account of sickness during his/her first year of service. In the event of the Firm's sick pay being paid at the Firm's discretion during the first year and the employee's employment being terminated during this period, the employee will be required to refund to the Firm an amount equivalent to the number of days of Firm's sick pay received (that is, basic remuneration less any SSP to which he/she was entitled). This sum may be deducted from any money owing to him/her at the date of leaving the Firm.
5.3 Entitlement to sick pay is suspended when an employee is on maternity leave.
5.4 Entitlement to payment under paragraph 5.1 is subject to compliance with the rules set out in paragraphs 5.5 to 5.11 below.
5.5 In the event of absence on account of sickness or injury an employee must inform the Firm through a partner of the reason for his/her absence as soon as possible and must do so no later than 10.30am on the working day on which absence first occurs. Thereafter the employee is responsible for keeping the Firm fully informed as to his/her progress and the anticipated date of his/her return to work.
5.6 In respect of absence lasting seven or less calendar days and subject to paragraph 5.11 an employee is not required to produce a medical certificate unless specifically so requested by the Firm but must complete the Firm's self-certification form on return to work from such absence.
5.7 In respect of absence lasting more than seven calendar days, an employee must on the eighth calendar day of absence provide the Firm with a medical certificate stating the reason for absence. Thereafter an employee must continue to provide a certificate each week to cover any subsequent period of absence unless a doctor certifies his/her absence for a longer period. The Firm reserves the right to ask an employee at any stage of absence to produce a medical certificate and/or to undergo a medical examination by a medical practitioner of the Firm's choice subject to the requirements of the Access to Medical Reports Act 1988.
5.8 On return to work from any period of absence on account of sickness or injury, an employee must immediately report to the Staff Partner, who will require him/her to complete a self certification form to cover any period of absence not covered by the Firm's requirements for a medical certificate. The form should be counter-signed by the Staff Partner.
5.9 If an employee fails or refuses to complete a self-certification form, or the Firm has reasonable grounds to believe that the information provided on the form is incorrect, the time off will be regarded as unauthorised leave of absence for which salary will not be paid and the employee may be liable to disciplinary action.
5.10 Self-certification forms in respect of absence from work on the last working day before and the first working day after a Public Holiday or in respect of absence immediately before or after the taking of annual holiday entitlement will be subject to particular scrutiny. The Firm’s rights reserved under paragraphs 5.7, 5.8 and 5.9 above may be exercised as appropriate.
5.11 The Firm operates the statutory sick pay scheme (see section 6). Payments made to an employee by the Firm under its own sick pay scheme will go toward discharging the Firm's liability to make payment to the employee under the statutory sick pay scheme.
6. STATUTORY SICK PAY SCHEME
6.1 In addition to its own sick pay scheme the Firm operates the statutory sick pay ("SSP") scheme under the Social Security and Housing Benefits Act 1982, as amended. An employee is required to co-operate in the maintenance of all necessary records. The rules for Statutory Sick Pay ("SSP") were re-enacted in ss151-163 and Schs 11 and 12 SSC&BA as amended by the Statutory Sick Pay Act 1994.
6.2 SSP is payable in respect of absence from work due to sickness on qualifying days. Qualifying days are the days on which an employee normally works. No SSP is payable for the first three qualifying days of a period of sickness absence unless the first day of this sickness can be linked to a previous period of sickness. These first three days are known as waiting days. Two periods of sickness can be linked if separated by 56 calendar days or less. If an employee has completed three waiting days in the first period of sickness, these will count as waiting days for the second period.
6.3 SSP is payable at a single rate to all employees earning over the lower earnings limit and is payable for all qualifying days during the period of sickness absence to a maximum payment equal to 28 times the appropriate weekly rate. Where periods of sickness absence are linked together, maximum entitlement is calculated cumulatively.
6.4 SSP is payable in the same way and at the same time as salary and subject to the usual
deductions. Payments made under the Firm's sick pay scheme or in satisfaction of any other contractual entitlement will go towards discharging the Firm's liability to make payment under the SSP scheme and vice versa.
6.5 If SSP is paid, and it then becomes apparent that an employee was not entitled to that payment, the Firm reserves the right to recover that erroneous payment by deduction from any future salary payments.
6.6 Entitlement to SSP (provided an employee is not statutorily excluded) is subject to compliance with the rules set out in paragraphs 6.7 to 6.10 below.
6.7 An employee or someone on his/her behalf, must notify the Firm of his/her absence from work due to sickness on the first qualifying day on which he/she is sick.
6.8 If the employee or someone on his/her behalf is unable to contact the Firm personally that day (eg. by telephone or by a message given to a colleague) the Firm will accept written notification of sickness provided that it is posted on the first qualifying day on which he/she is sick and unable to attend work.
6.9 If his/her period of sickness lasts longer than 7 days, an employee is required to notify the Firm in the manner set out in paragraph 5.7
6.10 Evidence of sickness must be provided in the manner set out in paragraphs 5.8 to 5.10.
7. MATERNITY LEAVE
7.1 All pregnant female employees, irrespective of their length of service or their hours of work, are entitled to a period of 26 weeks Ordinary Maternity Leave .
7.2 The 26-week maternity leave period cannot start before the 11th week before the expected birth. If an employee gives birth prematurely (ie before the 11th week) her basic maternity leave would run automatically from that date.
7.3 If, after the start of the fourth week before the expected week of the birth, the employee is absent because of pregnancy or childbirth, the basic maternity leave will start automatically on that date. If the employee is absent due to pregnancy related illness after the sixth week before the EWC, the Firm will insist the maternity leave begins.
7.4 There is a compulsory period of maternity leave for two weeks after the date of birth and where a woman has exhausted her maternity leave period because the baby arrived later than expected, her entitlement will be extended to cover these two weeks.
7.5 During the 26-week maternity leave period, the employee is entitled to the benefit of the terms and conditions of employment which would have been applicable to her if she had not been absent (and had not been pregnant or given birth to a child). The employee's contractual rights will continue during maternity, with the exception of wages or salary. For example, an employee's holiday entitlement will accrue during the 26-week period.
7.6 An employee must write to the Firm at least 28 days before starting her basic maternity leave confirming the following:-
(i) the fact that she is pregnant;
(ii) the intended start date of her maternity leave period;
(iii) the week in which her child is due, called the expected week of confinement ("EWC");
and the Firm may ask a pregnant employee to provide a certificate confirming the EWC. The Firm will write to the employee within 28 days of her telling the Firm when she intends to begin Maternity Leave, informing the employee when she is expected to return at the end of her full period of Maternity Leave.
7.7 An employee who is absent on Ordinary Maternity Leave is entitled to return to work in the same job on the same terms and conditions unless a redundancy situation has arisen in which case she must be offered suitable alternative work. An employee returning to work at the end of her basic maternity leave does not have to give the Firm prior notice of her return as long as she returns at the start of week 27 and no earlier.
7.8 If an employee wants to return to work before the end of 26 weeks, she must inform the Firm either verbally or in writing 28 full days before she does so.
7.9 If an employee is unable to return within the appointed time because she is ill then she must provide the Firm with a certificate from her doctor stating that she cannot return to work on medical grounds. An employee who is ill can postpone her return to work by up to four weeks and will be entitled to receive an extra four weeks' statutory maternity pay instead of statutory sick pay.
7.10 To qualify for the Additional period of maternity leave an employee must have been employed continuously under a contract of employment for 26 weeks as at the beginning of the 14th week before the EWC. In these circumstances an employee is entitled to take up to 26 weeks Additional Leave, commencing immediately after the end of the period of Ordinary Maternity leave.
7.11 An employee entitled to Additional Maternity Leave is required to follow the same notification procedure as employees entitled only to Ordinary Maternity Leave (see 8.6 above). The Firm will assume the employee will take her full entitlement to Additional Leave and this will be reflected in its acknowledgement letter following the employees confirmation of her pregnancy.
7.12 An employee returning from Additional Maternity Leave is entitled to return to the same job on the same terms and conditions unless a redundancy situation has arisen, or unless some other reason reasonably makes it impracticable to retain her in the original job. In this situation she must be offered alternative work that is appropriate in the circumstances and on no less favourable terms and conditions.
7.13 An employee returning to work at the end of her Additional Maternity leave does not have to give the Firm prior notice of her return as long as she returns at the start of week 53 and no earlier.
7.8 If an employee wants to return to work before the end of her full period of leave, she must inform the Firm in writing at least 28 days before she does so.
7.9 If an employee is unable to return within the appointed time because she is ill then she must provide the Firm with a certificate from her doctor stating that she cannot return to work on medical grounds. An employee who is ill can postpone her return to work by up to 4 weeks and will be entitled to receive an extra four weeks' statutory maternity pay instead of statutory sick pay. The Contract of Employment continues during Additional Maternity Leave but the only effective terms are those relating to holiday entitlement, redundancy rights, grievance and disciplinary procedures, notice periods, implied terms of good faith and trust and confidence, receipt of goods and the employee’s participation in another business.
7.10 All female employees, irrespective of length of service, are entitled to paid time off for ante-natal care, provided after the first appointment they provide an appointment card and certificate from a registered doctor or midwife stating that they are pregnant.
8. STATUTORY MATERNITY PAY ("SMP")
8.1 Entitlement to SMP
Employees who:
o Have completed 26 weeks continuous service up to and including the 15th week before the expected week of childbirth,
o earn more than the lower earnings limit
o have provided the Firm with proper notice of their pregnancy and intention to take maternity leave
o have stopped working wholly or partly because of their pregnancy and confinement
will be entitled to receive SMP.
Any employee entitled to SMP is required to co-operate in the maintenance of all records necessary for the operation of the scheme.
8.2 The employee must provide at least 28 days notice of the date she wishes to start receiving SMP. She should give this with her notice to take maternity leave.
8.3 In addition she must provide medical evidence of her due date and where appropriate birth date by the end of the third week of what would be the maternity pay period. The Firm cannot start paying SMP until we receive the medical evidence, usually a maternity certificate (MATB1)
8.3 The first six weeks of SMP are paid at 90% of the employee’s normal weekly salary. The remaining weeks (up to 20) are paid at the lesser of the SMP standard rate applicable at the time, or 90% of the employees normal weekly salary.
8.4 SMP is paid by the Firm in the normal manner used for salary payment. SMP is paid until 26 weeks after it commenced but any weeks during this period that are worked will not be paid.
8.5 Employees who are pregnant or have just given birth but do not qualify for SMP may claim Maternity Allowance via their Social Security office.
9. OTHER LEAVE OF ABSENCE
The Practice complies fully with employees’ legal entitlement to time off for reasons other than holidays, sickness and maternity. In considering reasonable requests for such leave, the operational needs of the Practice will be a prime consideration. The following arrangements will normally apply.
9.1 Public Duties
Employees who perform certain public duties may have reasonable time off during working hours to perform the duties of their office. This includes:
§ Justice of the peace
§ Member of a local authority
§ A member of any statutory tribunal
§ Member of a NHS Trust or regional or area health authority
§ Member of the governing body of an educational establishment maintained by a local authority
This list is not exhaustive and if you hold any office not mentioned here you should check with the staff Partner to establish whether or not time off will be allowed.
The amount of absence that may be allowed depends on:
· How much time is required to perform the duties of the office or to perform a particular duty
· The circumstances of the Firm and the effect the absence of a member of staff will have on the Firm’s business. Therefore any member of staff who holds or is proposing to hold any of these public offices should discuss the question of absence with the Staff Partner in order that the number of days absence may be anticipated and the member of staff informed how much absence may be allowed. In all cases you must obtain permission for absence in advance from the Staff Partner.
9.2 Jury Service
If you are called for jury service you should immediately advise the Staff Partner in order that leave of absence may be granted and arrangements made for cover during your absence. You may retain any travelling or subsistence allowances paid for your attendance on Jury Service. However it is the Practice’s policy to deduct the amount of compensation for loss of pay received from the court from your next salary payment. Evidence of the amount of compensation received must therefore be given to the Practice to enable the appropriate amount to be deducted from your gross pay on the next available pay day.
9.3 Parental Leave
The right to parental leave applies to you when you have completed one year’s service with us. It allows parents with children less than five years old on, or born after, or adopted in the five years ending, or adopted after, 15 December 1999 to take 13 weeks (18 weeks for disabled children) parental leave to care for each child. The right applies to mothers and fathers and to a person who has obtained formal parental responsibility for a child under the Children Act or its Scottish equivalent. Parents are able to start taking parental leave when the child is born or placed for adoption or as soon as they have completed one year’s service, whichever is later.
The key elements of parental leave are:
§ 13 weeks’ parental leave for each child
§ 18 weeks leave for parents of disabled children
§ a right to take the leave which lasts until the child’s fifth birthday or until five years have elapsed following placement in the case of adoption or if the child was 5 or under on 15.12.99 leave that can be taken up to 31 March 2005.
§ if you are a parent of a disabled child you will be able to use your leave over a longer period, up until the child’s 18th birthday;
§ you will remain employed while on parental leave but you do not have the right to be paid during parental leave.
§ at the end of parental leave you are guaranteed the right to return to the same job as before, or, if that is not practicable, a similar job which has the same or better status, terms and conditions as the old job; where the leave taken is for a period of 4 weeks or less, you will be entitled to go back to the same job.
You can take parental leave:
§ in blocks or multiples of one week
§ after giving 21 days notice to your employer
§ up to a maximum of four weeks leave in a year
§ subject to postponement by your employer for up to 6 months where business cannot cope. But leave cannot be postponed when the employee gives notice to take it immediately after the time the child is born or is placed with the family for adoption. If you are the parent of a disabled child you have the flexibility to take leave a day at a time or longer if you wish. A disabled child is a child for whom disability living allowance is awarded.
9.4 Paternity Leave
The law entitles the father of a child (and some others) to take paid paternity leave. In order to qualify for paternity leave you must satisfy the following conditions:
§ have worked continuously for us for 26 weeks leading into the 15th week before the baby is due.
§ be the biological father of the child or the mother’s husband or partner. Where the child is adopted be married to, or the partner of, the child’s adopter.
§ have or expect to have responsibility (or if not the child’s father, main responsibility apart from the mother) for the child’s upbringing.
Length of paternity leave
If eligible you are entitled to choose to take either one week or two consecutive weeks’ paternity leave (not odd days). You decide whether to have just one week or a fortnight. You cannot take a week at one time and another week later. You can choose to start the leave:
§ after the date of the child’s birth (whether this is earlier or later than expected), or
§ from a chosen date.
Leave can start on any day of the week on or following the child’s birth but must be completed:
§ within 56 days of the actual date of birth of the child, or
§ if the child is born early, within the period from the actual date of birth up to 56 days after the expected week of birth. Only one period of leave will be available to you irrespective of whether more than one child is born as the result of the same pregnancy.
Statutory Paternity Pay
During their paternity leave, most of you will be entitled to Statutory Paternity Pay (SPP) from us. SPP will be paid by for either one or two consecutive weeks as you have chosen. The rate of SPP will be the same as the standard rate of StatutorySMP. However if you have average weekly earnings below the Lower Earnings Limit for National Insurance purposes you will not qualify for SPP.
Notice of intention to take paternity leave: you must tell us of your intention to take paternity leave by the fifteenth week before the baby is expected unless this is not reasonably practicable. You must tell us as soon as it is reasonably practicable.
We need to know:
§ the week the baby is due
§ whether you wish to take one or two weeks’ leave
§ when you want the leave to start.
You can change your mind about the date on which you want the leave to start providing you tell us at least 28 days in advance (unless this is not reasonably practicable). We also need to know the date you expect any payments of SPP to start at least 28 days in advance, unless this is not reasonably practicable.
Self certificate
You must give us a completed SC3 or SC4 self-certificate as evidence of your entitlement to SPP and paternity leave. The self certificate must include a declaration that the you meet the eligibility conditions and provide the information specified above as part of the notice requirements. A self certificate form is available on request from us. The SC3 applies where you are the child’s father and if the child is adopted you should use an SC4.
Contractual benefits
You are entitled to the benefit of your normal terms and conditions of employment, except for terms relating to wages or salary (unless your contract of employment provides otherwise) throughout your paternity leave.
However, most of you will be entitled to SPP for this period.
Return to work after paternity leave
You will be entitled to return to the same job following paternity leave.
9.5 Time off for Dependents (Compassionate leave)
The Practice will agree to reasonable unpaid time off during working hours to enable staff to deal with family emergencies. Emergencies may include:
§ Sudden illness or injury involving a dependant
§ The need to make arrangements for providing care for a dependant
§ When a dependant dies
§ To deal with an unexpected incident involving the staff member’s child at a time when the child’s school has responsibility for him or her.
Time off for such reasons must be agreed in advance with the Staff Partner. If for any reason this is not possible, the Practice must be notified of the reason for the time off within the first 24 hours of absence. Each case will be considered on its merits but the Practice will not normally agree to more than two working days' absence in relation to any one emergency. Any further leave granted is entirely at the Practice’s discretion.
9.6 Time off for Study
Employees aged 16 or 17 who have not achieved A-C grades in five GCSE’s or the equivalent will be given up to one day per week paid leave of absence to undertake study or training which will lead to a qualification which will improve their skills and future career prospects. Requests for time off for study from all other members of staff will be considered on their merits. Staff are encouraged to enhance skills relevant to their current role and future prospects within the Practice, and anyone wishing to pursue appropriate courses of study with this in mind should discuss the matter with the Practice Manager.
10. DISCIPLINARY PROCEDURE
General Principles
10.1 The purpose of the Firm's disciplinary procedure is to ensure that all employees are treated fairly and equally at all times whilst the standards required by the Firm are maintained. In the event that any problems arise, the Firm will make every effort to resolve them quickly and informally by discussion between those directly involved, normally the employee and his or her immediate supervisor. However if this is not appropriate or is not successful the sections below contain the Company’s rules which set standards for conduct and performance, and the procedures which will be followed.
10.2 The disciplinary procedure provides for warnings to be given for failure to meet the Firm's standards of job performance, conduct, attendance, or for breach of any of the terms and conditions of employment. The Firm reserve the right to take disciplinary action in relation to an employee’s conduct outside office hours where it has reasonable grounds to believe the Firm’s reputation or business activities may have been jeopardised.
10.3 A full investigation of the facts of each case will be carried out by the staff partner or his/her appointed representative before any disciplinary action is taken. The Firm may suspend an individual employee, on full pay, while such investigations are under way. During a period of suspension the individual must respond to any requests to attend the office to participate in the investigation but otherwise will not be allowed to enter the Firm’s premises without the express agreement of the Staff Partner. Suspension in these circumstances does not infer guilt or constitute a disciplinary sanction.
10.4 Employees involved in disciplinary action will be given, in writing, details of the complaint against them and of the evidence collated to justify the complaint. They will be requested to attend a meeting where they will have a full opportunity to state their case. At all formal meetings concerned with this matter the employee may be accompanied by an fellow employee of their own choosing or a trade union representative.
10.5 If the Staff Partner considers that it is not necessary to resort to the formal warning procedure, he will recommend that the matter is discussed between the employee and his/her departmental partner, suggesting areas for improvement. This discussion will, in so far as is possible, be in private and the employee will be informed that no formal disciplinary action is being taken. If the Staff Partner concludes that disciplinary action is appropriate, the employee will be informed of the action to be taken, the stage in the disciplinary procedure to be applied depending upon the seriousness of the offence and of the right to appeal.
10.6 Disciplinary action will normally be in accordance with the following paragraphs but, depending upon the seriousness of the offence, may be invoked at any level including summary dismissal:
(a) In the case of minor offences the employee will be given a formal oral warning. He will be advised that the warning constitutes the first formal stage of the disciplinary procedure and that a note will be placed on his/her personal file. The nature of the offence and the likely consequences of further offences or a failure to improve will be explained to him;
(b) In the case of serious offences or a repetition of earlier minor offences the employee will be given a first written warning, setting out the following:
- the precise nature of the offence;
- the action necessary to remedy the situation;
- any review period which may be agreed;
- the consequences of a failure to comply with the warning.
(c) In the case of a further repetition of earlier offences, if the employee still fails to improve or if the offence, whilst falling short of gross misconduct, is serious enough to warrant only one written warning, the employee will be given a final written warning which, in addition to setting out the items listed in paragraph 15.6(b) above, will contain a statement that any recurrence will lead to dismissal or whatever other penalty is considered appropriate;
(d) In the case of gross misconduct or if all previous stages of the warning procedure have been exhausted, the employee will normally be dismissed, but only after consideration of other possible disciplinary action including (but without limitation): demotion or transfer, loss of seniority or salary increment, suspension with or without pay.
10.7 Employment may be terminated summarily (without notice) for gross misconduct. Generally this includes any breach of duty, conduct which brings the Firm into disrepute or action that is inconsistent with the relationship of fidelity required between employer and employee.
10.8 [Spare]
10.9 If the employee is dissatisfied with the outcome of any stage of the above procedure, he/she may appeal in writing within 48 hours to the Senior Partner, giving details of why the penalty imposed is too severe or inappropriate or bringing forward new information. Where possible the appeal will be considered by someone not previously involved in this case, who will give you the opportunity to attend a hearing where you will be able to put your case personally. You may be accompanied by a fellow employee or Trade Union representative to act as a witness or to speak on your behalf. The Firm may, at its discretion, seek the involvement of an independent third party in an advisory capacity but the Firm’s decision at this stage will be final. The result of the appeal will be notified to you within seven days of the hearing.
10.10 The following are non-exhaustive examples of the sort of offences which, if committed, will normally lead to formal disciplinary action being taken:
(a) Minor offences: poor job performance involving sub-standard work, poor time keeping, absenteeism or any minor breach of the Firm's regulations.
(b) Serious offences: negligence resulting in minor loss, damage or injury; failure to comply with a specific instruction; irresponsibility in relation to the Firm's employees, activities or impropriety in relation to the employee's tasks for the Firm, whether or not within working hours, which the Firm reasonably considers to be detrimental to, or conflicting with, the interests of the Firm or its clients or is likely to affect the employee's standard of work; breach of the health and safety and security rules and practices of the Firm or of its clients; failure to disclose any personal interest of the employee which conflicts with any matter of a client with which the employee is engaged; being under the influence of alcohol or drugs during working hours; or any breach of a confidence relating to the Firm or its clients' affairs.
(c) Gross misconduct: generally this includes any breach of duty, conduct which brings the Firm into disrepute or action that is inconsistent with the relationship of fidelity required between employer and employee and in particular: negligence resulting in serious loss, damage or injury; assault or attempted assault or threatening physical violence; theft, fraud, dishonesty or malicious damage to property; wilful disregard of duties or instructions relating to the employment; acts of incitement or actual acts of discrimination on the grounds of sex, race, religion, colour, ethnic origin, religious belief or sexual orientation; deliberate and serious breach of confidence relating to the Firm's or its clients' affairs; breach of the provisions of the Company Securities (Insider Dealing) Act 1985; breach of the Firm's rules forbidding the giving of investment advice by unauthorised employees; the use for personal ends of confidential information obtained by the employee in the course of his/her employment; falsification of records; conduct violating common decency, or conviction on a criminal charge relevant to the employee's employment. (In serious cases, dismissal will normally be without notice).
10.11 Minor warnings may be issued by departmental heads. All decisions relating to serious warnings, dismissal, or any other disciplinary action will be taken by the Staff Partner.
10.12 Warnings will normally be disregarded for disciplinary purposes after the following periods of time:
§ Minor Warnings; Three months
§ Serious Warnings; Six months
§ Final Warnings; Twelve months
However, where a warning is issued for misconduct, any further misconduct, in relation to similar or entirely independent matters of misconduct, which occurs during or after the expiry of these periods, may be treated as a further disciplinary matter and allow the continuation of the disciplinary process.
11. GRIEVANCE PROCEDURE
11.1 If an employee has any questions or grievances relating to his/her employment, he may seek redress orally or in writing in the following manner:
(a) In the first instance he/she should refer the grievance in writing to the partner to whom he/she is responsible. The matter will be discussed at a meeting which will be convened within five days of the partner receiving the grievance notification. The employee may be accompanied to that meeting by a fellow employee or trade union representative.
(b) If the grievance is not thereby resolved or if the employee considers that he/she has not been fairly treated, he/she may appeal, in writing, within five working days to the Staff Partner. A further meeting will be convened to which the employee may be accompanied by a fellow employee or trade union representative. The Staff Partner will notify the employee of his decision within five days. His decision at this stage is final.
11.2 This procedure applies to individual and collective grievances.
12. CONFIDENTIALITY
12.1 An employee is required to keep confidential during his/her employment and at any time after the termination thereof, all the information he/she obtained during the course of his/her employment concerning the business and the affairs of whatever nature of the Firm or its clients or of any firm in which a partner of the Firm is a partner or the clients of any such firm.
12.2 Information gained during the course of his/her employment with the Firm must not be used for the purpose of personal gain. Under the Company Securities (Insider Dealing) Act 1985, it is a criminal offence to use unpublished price sensitive information for the purpose of personal gain in transactions in securities. In particular, subject to certain exemptions, under that Act an individual is prohibited from:
(a) dealing in the securities of any other company which is involved in either a takeover offer from, or a transaction (relating to its securities) with, the company with which the individual is connected if, at any time during the preceding six months, he held unpublished price sensitive information in relation to those securities of that other company;
(b) counselling or procuring another person to act on his/her behalf or communicating unpublished price sensitive information to others whom he has reasonable cause to believe will use it to their advantage (those to whom the information is imparted are similarly prohibited).
12.3 Discussion of clients' affairs should be restricted to the office and clients' premises. An
employee should also avoid:
(a) discussion of other clients whilst at a clients' premises;
(b) open display of files bearing clients' names whilst in transit; and
(c) giving clients' telephone numbers to friends and relatives.
12.4 An employee may not submit articles for publication in the press relating to any aspect of the Firm's activities or in which the Firm's name is mentioned without the approval of the Staff Partner.
12.5 An employee may not communicate in any way with the press or respond to an approach from the press on any subject relating to the activities of the Firm or any of its clients. Any approach by the press must be reported immediately to the Staff Partner.
13. PROFESSIONAL INDEPENDENCE
13.1 The Firm and its partners are required to comply with the Guide to Professional Ethics of The Institute of Chartered Accountants, and all employees of the Firm, whether members of the Institute or not, are required to conform to the following guidelines based on that Guide:
(a) No employee or, to the extent that it is within his/her knowledge or influence, a spouse or minor child of an employee may:
(i) have any beneficial interest in any audit client or any company of which the Firm is registrar;
(ii) guarantee an overdraft or other financial obligation of any client;
(iii) accept a loan from any client without the prior permission of the Firm;
(iv) have borrowings or other financial obligations guaranteed by any client without the prior permission of the Firm.
(b) Where an employee is assigned to work on an engagement and he is aware of any of the following circumstances:
(i) the employee or his/her spouse or minor child has any beneficial financial interest in the client or a major competitor of the client;
(ii) the employee or his/her spouse has common business interests with, or a close personal relationship with, the client or with any officer or employee of the client; (iii) the employee or his/her spouse has common business interests with, or a close personal relationship with, a major competitor of the client or with any officer or employee of a major competitor;
(iv) the employee or his/her spouse has previously been employed by the client, the employee must inform the partner with responsibility for that client so that he may decide whether the employee should be permitted to work on the engagement.
13.2 An employee may not hold any office in a client if it is likely to compromise the Firm's independence and in particular may not act as a client's director or company secretary. An employee may not act in a management role or carry out any work privately for any client of the Firm.
13.3 An employee should be wary of accepting goods, services or undue hospitality from clients. As a general rule, goods and services should not be accepted from a client except on terms no more favourable than those available to the generality of the client's employees.
13.4 An employee must immediately report in writing to the staff partner any offer by clients, suppliers, or other such persons having a similar connection with the Firm of gifts or services not covered by paragraph 13.3 above.
13.5 An employee must not accept or agree to accept such offers without the prior written agreement of the staff partner. This applies to any gifts or services directly or indirectly from any person, firm or company with whom the Firm conducts business or may conduct business.
13.6 On joining the Firm, an employee will be required to confirm that he has read and understood the Firm's independence rules and that prohibited investments are not held. Confirmation is also required once a year from each employee to the effect that:
(a) he is familiar with the Firm's independence rules;
(b) prohibited investments are not held and were not held at any time during the period covered by the confirmation.
13.7 If an employee or, in so far as he is aware his/her spouse or minor children, has a beneficial interest in any audit client or in a company of which the Firm is registrar:
(i) on joining the firm;
(ii) on such company or its subsidiary becoming a client of the Firm, or
(iii) as a result of an involuntary acquisition,he should inform the staff partner immediately. The interest should be disposed of as soon as possible except that securities should not be sold during periods when the directors of the company are prohibited by the rules of the Stock Exchange from dealing in the securities of the company. Pending the disposal of the interest, the employee may not work on the affairs of the client.
13.8 For the purpose of these guidelines, the term:
(a) "client" includes a client not only of Bartlett Kershaw Trott, but a client of any firm in which Bartlett Kershaw Trott has one or more partners in common or with which Bartlett Kershaw Trott has a continuing financial relationship;
(b) "client" includes any company in the same group as an audit or registration client eg an audit client's parent company or fellow subsidiary of which another firm is auditor.
(c) "beneficial financial interest" includes any shareholding, loan, debenture, share in a partnership, membership of a Lloyd's underwriting syndicate, interest in a joint venture, membership of an investment club, that hold such interests. (If an employee subscribes to a personal equity plan or a business expansion scheme fund he should advise the plan or fund manager that he should not be allocated an interest in any audit client of the Firm.)
(d) "close personal relationships" include those arising from marital or family links.
13.9 The above guidelines are not necessarily as comprehensive as the Institute's guidelines, to which reference should be made in all cases of doubt.
14. INVESTMENT ADVICE
An employee must not give investment advice on behalf of the Firm.
15. RESTRICTION ON OTHER EMPLOYMENT
A full-time employee may not without the prior written consent of the staff partner engage in any form of business or employment other than his/her employment with the Firm whether inside or outside his/her normal hours of work.
16. MANUALS, EQUIPMENT AND KEYS
16.1 The Firm's manuals are confidential and should not be copied or shown to clients or other persons who are not on the staff of the Firm.
16.2 An employee must exercise all possible care to ensure the safety of the Firm's manuals and other property entrusted to his/her care. If any such property is lost or stolen, the employee must immediately notify the staff partner.
16.3 Immediately on termination of his/her employment, an employee must return to the Firm in person all manuals, equipment, keys and other property belonging to the Firm.
17. SECURITY
An employee must not disclose to any person other than a partner or employee of the Firm the code numbers of the locks on the doors to any part of the premises occupied by the Firm or by clients of the Firm.
18. COMPUTERS
18.1 Staff are not permitted to use computer software and data discs from unapproved sources on office computers (including portables when not in the office) and any employee found doing so will be subject to disciplinary action.
18.2 The Firm reserves the right to delete an employee's password from the system at any time during his/her employment.
19. MEDICAL EXAMINATION
The Firm reserves the right to request an employee to undergo a medical examination by a doctor nominated and paid for by the Firm, and to provide blood, urine or other like specimens for analysis. Any request will be notified to the employee by the staff partner and will be in accordance with the Access to Medical Reports Act 1988.
20. RETIREMENT AGE
The Firm's normal retirement age is 65 and employees will be expected to retire at the end of the month in which you reach the age of 65. Re-Employment may be offered, however, in exceptional cases and at the discretion of the Staff Partner, on the basis of fixed term contracts renewable after each 12 months.
21. PENSIONS
After 6/12 months service you will be entitled to join the Firm’s pension scheme which is a Group Personal Pension scheme, to which the firm will contribute 3% of basic salary regardless of the contribution you elect to make.
Your contributions will be collected by deduction from salary.
21. REDUNDANCY POLICY
In the event of redundancy arising generally or in any specific department of the Firm then (subject to volunteers being found who are acceptable to the Firm) the Firm will select for redundancy on the basis of:
(a) the future viability and needs of the Firm;
(b) the comparable skills and aptitude of affected employees;
(c) the past record of the employees;
(d) all other things being equal, the principle of last in, first out.
22. EQUAL OPPORTUNITY POLICY
The Firm is committed to promoting equal opportunity for all staff within its recruitment, training and promotion procedures regardless of sex, marital status or grounds of race, colour, disability, nationality, ethnic origins, religious belief or sexual orientation. Any breach of this policy may result in disciplinary action.
23. NOTICE PERIODS
All staff will be entitled to, and will be required to give, one month's notice. Where the notice period above is less than the minimum notice under the Employment Rights Act 1996, the following periods will apply:
Period of Continuous Employment Minimum Notice
4 weeks or more but less than 2 years: 1 week
2 years or more but less than 12 years: 1 week for each year's continuous employment
12 years or more: 12 weeks
24. DATA PROTECTION
Any one who obtains personal information (“data”) about other individuals is a ‘data controller’ and is thus regulated by the Data Protection Act 1998. The Act controls what can lawfully be done with information and gives individuals certain rights to control how information about them is obtained, used, stored and distributed. These rights include the right to find out what information a data controller has about them, and ask for copies of data.
We are necessarily a data controller in relation to all the information that we obtain about you as part of the process of providing you with employment. It is a requirement under the Act that you consent to our processing data about you.
We require that you expressly consent in your contract of employment to our processing data including sensitive personal data about you. Without this consent it is not necessarily lawful for us to process data in order to keep the records about your employment necessary for us to meet the needs of running our business.
The principles for processing of personal data are that data must be:
1. Fairly and lawfully processed;
2. Processed for limited purposes;
3. Adequate, relevant and not excessive;
4. Accurate;
5. Not kept longer than necessary;
6. Processed in accordance with the data subject's rights;
7. Secure;
8. Not transferred to countries without adequate protection.
We are committed to following these principles and that is why your consent has been obtained so that all our data processing in relation to data of which you are the subject is lawful.
Data will be retained as necessary during the course of your employment and records will be retained for up to six years after the data that you leave the employment in case legal proceedings arise during that period. Data will only be retained for a period of longer than six years if it is material to legal proceedings or should otherwise be retained in our interests after that period. We will process data in accordance with your rights under the Act. Data will be kept in a secure system whether manual or computerised to the best of our ability at all times. It is our policy to ensure that all data is as accurate as possible and all necessary steps to ensure that this is the case and to rectify any inaccuracies will be taken.
Where we have requested a reference in confidence from a referee and that reference has been given on terms that it is confidential and that the person giving it wishes that it should not to be disclosed to you it is our policy that it would normally be unreasonable to disclose such a reference to you unless the consent of the person who gave the reference is obtained.
25. E-MAIL AND INTERNET POLICY
It is a term of your contract of employment that you comply with our rules and with our policy for the use of the Internet and e-mail as follows:
Our computer systems are maintained solely for conducting our business. The use of the Internet and e-mail for any other purpose may be treated as misconduct. All copies of messages created, sent, received or stored on our systems shall remain our property. If you use our email address for communication that is not business related you waive any privacy or any other rights that you have in relation to such communications and consent to their being read, monitored, recorded and otherwise intercepted by us. We reserve the right to access and monitor and disclose all messages created, sent, received or stored on our systems. E-mails and text messages and the Internet should not be used to create, send, receive or store any material which is offensive, obscene, contains images depicting sexual activity or bodily parts in a lewd manner or which are pornographic, disruptive or infringes copyright. Our policies with regard to discrimination or harassment apply fully to the Internet and e-mails and text messages. Any comments that could be regarded as defamatory, inaccurate or misleading should be avoided. Use of our computers, telephone lines, telephone systems, Internet connection or any other system or software or equipment owned or controlled by, leased or rented to us to access Internet sites or download or receive email or other electronic images or media that contains pornography or other obscene or illegal contents shall constitute gross misconduct that can lead to your dismissal without notice.
All e-mails and downloads can contain viruses. Therefore all downloads and e-mail messages must be virus-checked before opening. It is also a term of your contract of employment that you are not allowed to load software on to your computer without our permission.
These rules are incorporated in and form part of your contract of employment.
26. TELEPHONES:
Reasonable use of the Firm’s telephones may be made for personal calls but these should be kept to a minimum. However mobile phones should not be used for outgoing or incoming calls during working hours.
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INDIVIDUAL STATEMENT OF TERMS AND CONDITIONS OF EMPLOYMENT
In accordance with the provisions of the employment Rights Act 1996, the following statement sets out details of the terms and conditions of your employment with Bartlett Kershaw Trott (“the Firm”).
This statement, in conjunction with the attached General Statement of Terms and Conditions of Employment (“the General Statement”) forms the basis of your contract of employment with the Firm.
1. Employment Details
Name of employer: Bartlett Kershaw Trott
Address: 4 Pullman Court
Great Western Road
GLOUCESTER
GL1 3ND
Name of employee:
2. Continuous Employment
Your period of continuous employment began on ( ). No employment with a previous employer will count as continuous with your employment with the Firm
3. Job Title
You are employed as a ( ). Your duties consist of those normally associated with such an appointment in a professional firm of Chartered Accountants or such other duties as may be reasonably allocated to you by the Firm.
4. Remuneration
Your salary, which will be advised to you separately, is payable in twelve equal monthly instalments in arrears on or before the last working day of each month. Payment will be made direct into a bank or similar account nominated by you. Your salary will be reviewed in May each year. Under no circumstances is the Firm obliged to increase your salary as a result of such a review. You will be advised in writing of any change in your salary and such advice will be regarded as an express term of this statement. In the event of any overpayment of remuneration, for whatever reason, the amount of overpayment will be deducted from the next payment. A written explanation of such deduction will be provided.
5. Place of Work
Your normal place of work is at the Firm’s offices at 4 Pullman Court, Great Western Road, Gloucester, GL1 3ND (The Office). The Firm may also require you to work at such other place as it may reasonably from time to time determine.
6. Duration
Your employment is intended to be permanent.
OR
Your appointment is for a fixed term, commencing on ( ) and ending on ( ).
7. Trial Period (for new employees only)
The first three months of your employment will be on a trial basis. During the first four weeks of that trial period your employment may be terminated by 24 hours notice by you or the Firm. After the first four weeks and for the remainder of the trial period, your employment may be terminated by 1 weeks written notice by you or the Firm. The Firm reserves the right to extend your trial period should it be considered necessary. In such cases the reason for this extension will be explained to you. On successful completion of this trial period, confirmation will be given in writing of your position with the Firm.
8. Hours of Work
Your normal hours of work are 9 am to 5.30 pm Monday to Friday, including one hour for lunch. Your working hours total 37.5 hours per week, although on occasions you may be required to work beyond these stated hours.
9. Overtime
Payment will be made for approved overtime worked on the basis set out in the General Statement.
10. Expenses and timesheets
You will be entitled to reimbursement of approved travelling and incidental expenses properly incurred in the course of your employment. You are required to submit timesheets and expense claims to the office by 9 am on the Monday following the weekly period to which they relate. Timesheets must also be made up to the last working day of the month and submitted as soon as possible thereafter.
11. Holiday entitlement
You are entitled to the following Public and Bank Holidays:
New Year’s Day
Good Friday
Easter Monday
May Day
Spring Bank Holiday
Late Summer Bank Holiday
Christmas Day
Boxing Day
In addition you are entitled to 20 days paid annual holiday each year. After 5 years service with the Firm you will be entitled to an additional 5 days paid holiday per year. During the holiday year in which you join or leave the Firm you will be entitled to 1/12th of your annual entitlement for each month during which you are employed, plus any public or bank holidays occurring in that holiday year prior to the date of termination. On leaving, any accrued but untaken holiday will normally be paid but you may be required to take it during your period of notice. Any holidays taken in excess of entitlement accrued will result in a corresponding deduction from the final salary payment. Holiday leave must be taken in accordance with the rules set out in the General Statement.
12. Use of Own Car on Firm’s Business
You may only use your own vehicle (which term includes a vehicle owned by a relative, a friend or a fellow employee) on the Firm’s business if you have received prior written permission to do so by the Firm and if you have complied with the conditions on the “Use of own car on Firm’s Business” which are set out in Appendix II to the General Statement.
13. Sickness and Injury
If you are absent for any reason you must inform the Staff Partner. Contact should be made by telephone as early as possible on the first day of absence and thereafter you must keep the Firm fully informed of your progress and the anticipated date of your return to work. After a completed year of service, in the event of absence on account of sickness, you will be entitled to be paid for a period not exceeding one month per year. Payment, if any, in excess of this will be at the discretion of the Firm, as will payment where less than a full year’s service has been completed.During your first year of service and/or after the period of full pay as detailed above has expired, you will be paid Statutory Sick Pay (SSP).The rules and procedures which relate to sickness absence are set out in the General Statement.
14. Health and Safety
You should take all reasonable steps to safeguard your own safety and the safety of any other person who may be affected by your actions at work. The Firm’s Health and Safety Policy is included at Appendix I to the General Statement.
15. Professional Conduct and Discipline
You are required at all times to conduct yourself in all respects so as to conform to the high standards required of members of staff in a professional firm of Chartered Accountants. Conduct falling short of such standard will be dealt with in accordance with the Firm’s Disciplinary Procedure This is set out in the General Statement and does not form part of your contract of employment.
16. Grievances
Any grievance you may have arising from or concerning the employment to which this statement relates, or arising from dissatisfaction with any disciplinary decision taken in relation thereto must be processed in accordance with the procedures set out in the General Statement.
17. Confidentiality
You are required to comply with the Firm’s procedures in relation to the confidentiality of information obtained in the course of your employment. These procedures are set out in the General Statement.
18. Professional Independence
You are required to comply with the Firm’s independence rules, which are set out in the General Statement, and to confirm on joining the Firm, and on an annual basis, that you are familiar with these rules and that you do not hold any prohibited investments.
19. Investment Advice
You are not permitted to give investment advice on behalf of the Firm unless authorised to do so in accordance with the procedures set out in the General Statement.
20. Pensions
You will be eligible to join a Firm Pension Scheme, subject to the rules of the Scheme, on satisfactory completion of your trial period.. The general rules of the scheme are set out in the General Statement. There is no contracted out certificate in force in respect of your employment with the Firm.
21. Retirement Age
The Firm’s normal retirement age is 65 for male and female employees. You will be expected to retire at the end of the month in which you reach the age of 65. Re-employment may be offered, however, in exceptional cases and at the discretion of the Staff Partner, on the basis of fixed term contracts renewable after each 12 months.
22. Termination of Employment
During the first four weeks of your employment this contract may be terminated by you or the Firm by giving 24 hours notice. During the remainder of any trial period under this contract, your employment may be terminated by you or the Firm by giving one week’s notice. Thereafter your employment may be terminated by you or the Firm by giving one month’s notice, unless you are entitled in law to a longer period. All notice must be made in writing.
23 Restrictive Covenant
Save with the prior consent of the Firm you shall not:
(a) for a period of twelve months after termination of your employment for any cause whatsoever canvas, solicit or endeavour to entice away from the Firm as at the date of termination the business of any person, firm or company who is (or has been at any time during the period of twelve months immediately preceding the termination of employment) a client of the Firm and with whom you had dealt personally or who is known personally to you: or
(b) for a period of twelve months after termination of your employment for any cause whatsoever undertake or carry on whether on your own behalf or on behalf of any person, firm or company any business for or deal otherwise howsoever with any person, firm or company who is (or has been at any time during the period of twelve months immediately preceding the termination of employment) a client of the Firm at the date of such termination and with whom you had dealt personally or who is known personally to you. Or
(c) for a period of twelve months after termination of your employment for any cause whatsoever seek to employ anyone who, at the date of termination of your employment, is an employee of the Firm in the capacity of Accounts Senior or above or who was employed in such a capacity during the twelve months prior to the date of termination of your employment
Should any of the clauses(a) (b) or (c) above be held invalid for any reason the remainder of the contract shall continue in force and effect as if the invalid provision had been deleted, provided however that the parties to this contract may negotiate a valid and enforceable provision in replacement of the invalid provision.,
24. Collective Agreements
There is no collective agreement which directly affects the terms and conditions of your employment.
22. Alterations
The Firm reserves the right to make reasonable changes to any of the Terms and Conditions of Employment detailed in this Statement. You will be notified of minor changes of detail by way of a general notice to all employees and any such changes will take effect from the date of the notice. You will be given not less than one months notice in writing of any significant changes. Such changes will be deemed to be accepted and agreed by you unless you notify the Firm of any objection, in writing, before the end of the notice period.
23. Acceptance
I acknowledge that I have read the terms and conditions of my employment with the Firm as set out in the above statement and the attached General Statement of Terms and Conditions of employment. I accept those terms and conditions and all other lawful rules and regulations of the Firm from time to time in force and agree to abide by them.
Signed ................................................................................
Date .........................
(By the Employee)
Signed ................................................................................
Date .........................
(On behalf of the Firm)
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