Terms & Conditions
This Agreement is between:
(1) Caliamo LIMITED T/A Rise Events of 251 Grays Inn Road, WC1X 8QT (the ‘Company’); and
(2) Details Signed At End Of Form Include Name, Address &Phone Number (the ‘Employee’)
It is agreed as follows:
Job Title & Duties
1. Your employment with the Company will begin on 12th November 2018 and shall continue, subject to the remaining terms of this Agreement until it terminates on 6th January 2019 without the need for notice, unless terminated earlier pursuant to paragraph 28 below or by either party giving to the other:
a) in the first month of your employment, 1 day’s prior written notice; or
b) after you have completed one month’s employment, 1 week’s prior written notice.
No previous employment counts as part of your continuous employment.
2. You are employed as a temporary BAR STAFF and will report to the BAR MANAGER. You may be required to undertake other duties from time to time as the Company may reasonably require.
3. You warrant that you are entitled to work in the UK without any additional approvals and will notify the Company immediately if you cease to be so entitled at any time during your employment with the Company.
Place and Hours of Work
4. Your normal place of work is Winter Wonderland, Hyde Park, London W2 2ET or such other place within Greater
London as the Company may reasonably decide from time to time.
5. You are employed to work on a shift system basis. The standard shift patterns are as follows:
SHIFT ONE:
SHIFT TWO:
SHIFT THREE:
08.45 to 15.00 plus 1 unpaid half hour break; 15.00 to 22.00 plus 1 unpaid half hour break; and 08.45 to 22.00 plus 2 unpaid half hour breaks.
6. You will receive weekly schedule of your allocated shifts from your Manager or such other designated person specified by the Company from time to time in advance. It is your responsibility to check the schedule on a daily basis. The shifts that you are allocated may vary according to the operational requirements of the Company and your own availability.
For the avoidance of doubt, you are not entitled to receive a minimum number of hours each week although you are expected to work the hours assigned to you. It is your responsibility to notify the Duty Manager in good time about changes in your availability. You are not permitted to make any changes to your working schedule without the permission of your Manager. The Company is under no obligation to approve any request for a shift change.
7. All breaks are unpaid and the timing of your break must be authorised by your Manager.
8. Attached to the Agreement in Schedule 2 is an opt-out agreement for the purposes of the Working Time Regulations 1998 (the “Regulations”). Although you may be exempt from the Regulations, the effect of signing an opt-out would be to confirm that, until notice in accordance with the opt-out terms is given, your employment under this Agreement will not be covered by the 48 hour per week maximum limit on working hours imposed by the Regulations. Please see attached opt-out at Schedule 2 and sign this if you would like to opt out.
Remuneration
9. You will only be paid for hours that you work. You will be responsible for signing in and out of every shift and will not be paid for any unsigned hours. Your normal pay will be £7.50 an hour (inclusive of holiday pay). However, you will receive double pay for any hours that you work during the following periods:
24.12.18 between 16:00 and 22:00
26.12.18 between 10:00 and 16:00
31.12.18 between 16:00 and 22:00
01.01.19 between 10:00 and 16:00
10. Your salary shall accrue from day to day and you will be paid twice by BACs during your employment. You will receive your first salary payment (which is payment from your start date until 9th December 2018) into your bank account on or before 21st December 2018. You should receive your second salary payment on or before 31st January 2019. This will be payment from 10th December 2018 until your finishing date.
11. We shall be entitled to deduct from your salary or other payments due to you any money which you may owe to the Company or any Group Company at any time.
12. Your pay at paragraph 9 of this agreement consists of £6.69 an hour for normal time and £13.38 an hour for double time, together with an additional payment equal to 12.07% of the applicable amount to take account of your entitlement to holiday pay. This percentage rate of holiday pay is based on 5.6 weeks (the annual entitlement to holiday under the Working Time Regulations 1998) divided by 46.4 weeks (the number of working weeks in a year). By signing this agreement, you acknowledge that the calculation of your holiday pay is transparent and comprehensible.
Holiday
13. The Company's holiday year runs between January and December. If your employment starts or finishes part way through the holiday year, your holiday entitlement during that year shall be calculated on a pro-rata basis.
14. You are entitled to 5.6 weeks’ paid holiday during each holiday year. This includes the usual public holidays in England and Wales. You acknowledge that your holiday pay is included in the calculation of your pay as specified in paragraph 12 above and that you are not therefore entitled to any additional remuneration during any holidays taken by you.
15.You shall give at least one weeks' notice of any proposed holiday dates and these must be agreed by your Manager in writing in advance. We may require you to take (or not to take) holiday on particular dates.
Sickness Absence
16. If you are absent from work due to incapacity, you must notify the Duty Manager of the reason for your absence as soon as possible but no later than 08:00 on the first day of absence. Subject to your satisfying the relevant requirements you shall receive Statutory Sick Pay (SSP).
17. You must complete a self-certification form for sickness absence of up to seven calendar days. For absence of more than a week you must provide a doctor's certificate stating that you are not fit for work and giving the reason. You must also complete a self-certification form to cover the first seven days. If absence continues beyond the expiry of a certificate, a further certificate must be provided.
Confidential Information
18. You shall not use or disclose to any person either during or at any time after your employment with the Company any confidential information about the business or affairs of the Company, any Group Company or any of their business contacts, or about any other matters which may come to your knowledge in the course of your employment. For the purposes of this paragraph 18, ‘confidential information’ means any information or matter which is not in the public domain (except as a result of your breach of this agreement) and which relates to the affairs of the Company, any Group Company or any of their business contacts.
19. The restriction in paragraph 18 does not apply to prevent you from making a protected disclosure within the meaning of section 43A of the Employment Rights Act 1996 or use or disclosure that has been authorised by the Company, is required by law or by your employment.
20. In this Agreement, ‘Group Company’ means the Company, its subsidiaries or holding companies from time to time and any subsidiary of any holding company from time to time, ‘holding company’ and ‘subsidiary’ being as defined in The Companies Act 2006.
Termination and Payment in Lieu of Notice
21. Notwithstanding paragraph 1 the Company may at our discretion terminate your employment without notice and make a payment of basic salary in lieu of notice.
22. The Company shall be entitled to dismiss you at any time with out notice or payment in lieu of notice if you commit a serious breach of your obligations as an employee, or if you cease to be entitled to work in the United Kingdom.
Company Property
23. You will be issued with a security pass that must be worn at all times while on site. If you lose your security pass, the Company reserves the right to charge you up to £50.00 for a replacement.
24. All uniforms, documents, manuals, hardware and software provided for your use by the Company and/or any Group Company, and any data or documents (including copies) produced, maintained or stored on the Company's or any Group Company’s computer systems or other electronic equipment, remain the property of the Company and/or the relevant Group Company.
25. Any Company or Group Company property in your possession (including but not limited to your uniform) and any original or copy documents obtained by you in the course of your employment shall be returned to the Company at any time on request and in any event on termination of your employment with the Company.
The Company reserves the right to charge you £80.00 if your uniform is not returned when your employment ends, which will be deducted from your final pay.
Company Rules and Policies
26. You are required at all times to comply with our rules, policies and procedures in force from time to time (as they apply to you) and which are available from HR on request. For the avoidance of doubt, these policies and procedures do not form part of your contract of employment or otherwise have contractual effect and we may amend or withdraw them at any time.
27. You are required to read and adhere to the Site Rules outlined in Schedule 1.
Data Protection
28. By signing this Agreement, you acknowledge that the Company and any Group Company will Process your Personal Data both during and for a reasonable period after termination of your employment, and, where reasonably necessary, the Company will transfer, store and Process such data outside the European Economic Area.
29. Further details on the information the Company collects and the reasons for this are set out in the Privacy Notice in Schedule 2.
30. You shall comply (a) with any policy in relation to data protection which the Company has in force from time to time and (b) with data protection law including from 25 May 2018 the General Data Protection Regulation at all times when processing personal data in the course of your employment, including but not limited to personal data relating to any employee, contractor, customer, client, supplier or agent of the Company or any Group Company. Any breach of this obligation will be dealt with under the Company’s disciplinary procedure.
31.The Company shall where necessary intercept and / or monitor and/ or record and/ or view,asappropriate,your use of its or any Group Company’s electronic communication systems, including remote access via a laptop or other means for the purposes of any investigation, potential and/or actual litigation concerning the Company or any Group Companies or its or their officers and for ensuring that its or any Group Company’s systems are used in compliance with the Company or any Group Company’s applicable IT policies in force from time to time.
General
32. If you wish to raise a grievance or appeal against a disciplinary decision during your employment, you may apply in writing to the HR Manager.
33. You may be eligible to access the Group Personal Pension Scheme designated by the Company if you have completed three (3) months’ service and you can make contributions to the scheme in accordance with the rules of the scheme. Your right to participate in this scheme is subject to the rules, terms and particulars of the scheme from time to time in force. A contracting-out certificate is not in force in respect of your employment. There is no collective agreement which directly affects your employment.
34. Except as expressly provided elsewhere in this agreement, a person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Please indicate your acceptance of these terms by signing and returning the attached copy of this Agreement.