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Coursework Title: 1) You are setting up a new company and are going to employ a number of new members of staff. You know that you will be required to provide each of them with a Contract of Employment. Consider the attached draft Contracts of Employment (Documents 1, 2 and 3). a) Compare and contrast the three contracts identifying those drafting techniques that you consider are effective and suggesting any elements that you consider could be improved in each of the pieces. (50 marks) b) Based on your comments in a) explain, with reasons, which of the three contracts you are likely to choose to give to your potential employees. (10 marks) NB You are not expected to comment on the legal content of the agreements. 2) a)You are Julia/Julian Brown. Draft the formal business letter to GreenLake Stores based on the scenario set out in Document 4. (30 marks) NB You are not expected to include any points of law in your letter to the store. b) How would your answer differ (if at all) if you were to send the same piece of correspondence by e-mail rather than as a formal business letter. Which method do you feel would be the most appropriate in the circumstances and why? NB You are not expected to write the e-mail. Submission by 4pm on date Monday 28th April 2014 This assignment must be submitted, with a BES coursework cover sheet attached, to the George Eliot reception and also on TURNITIN via the module web by 16.00 on the above deadline. Please note: 1. All work submitted after the submission deadline without an approved valid reason (see below) will be given a mark of zero. (This is not the same as a non-submission, as a late submission counts as an attempt and a mark of zero may allow you to resit the coursework.). 2. Short deferrals (extensions) of up to two calendar weeks can only be given for genuine “force majeure” and medical reasons, not for bad planning of your time. Please note that theft, loss, or failure to keep a back-up file, are not valid reasons. The short deferral must be applied for on or before the submission date. You can apply for a short deferral by submitting an Examination/ Coursework Deferral Application Form. Application Forms along with the supporting evidence should go to the relevant Student Support Office For a longer delay in submission a student may apply for a (long) deferral. Students MUST keep a copy and/or an electronic file of their assignment. Please also submit an electronic copy of your assignment via the module web on TURNITIN. ( See instructions below and on the module web) The electronic version of your assignment may be used to enable checks to be made using anti-plagiarism software and approved plagiarism checking websites. Word Length (total for both questions) 1500 words Maximum/ MinimumRange 150 words. Any penalties for not complying with word limits will be in accordance with University and Faculty policy Learning Outcomes Assessed 1. Demonstrate an understanding of the skills required for effective drafting of documents 2. Identify the essential elements of well drafted, accurate, lucid documentation 3. Apply those skills in a practical manner to hypothetical scenarios. Assessment Criteria 1 The student is expected to identify the strengths and weaknesses in documents which are similar in content, based on the structure, wording, style and presentation of each document. 2 The student should understand and explain their decision as to why, in his or her opinion, each particular document may be the most or least effective. 3 The student is required to draft an accurate business letter based on the scenario given. Marks will be deducted for poor presentation, grammatical and spelling errors. 4. It is important that, despite the opinions of others you may find during your research, you explain this in your OWN words so that your understanding can be assessed. Return of Marked Work . You can expect to have marked work returned to you by 3 academic weeks after the submission date. Your mark will be put on Moodle and you will be informed where you can collect the marked work from. . TURNITIN, PLAGIARISM AND COURSEWORK- A NOTE FOR STUDENTS Turnitin is a service that helps both lecturers and students to check if a piece of coursework contains sections that are identical to work submitted or published elsewhere. However, you should note that: • Not all sources found by Turnitin are necessarily plagiarised • Work may be plagiarised even if Turnitin does not find any overlaps Nevertheless, it is still a very useful tool to help detect if plagiarism may be present. PLAGIARISM – A REMINDER OF THE UNIVERSITY REGULATIONS The rules on Plagiarism are very simple. Everything you put in an assignment must be written in your own words. If you copy what others have written this is plagiarism, unless you clearly mark up the quoted section in inverted commas so that there is no mistake as to where your own work stops and the quoted work begins and ends. Just listing references used at the end is insufficient to mark up a quotation. You are normally expected to use information from other sources, which should be referenced correctly, but you should not just copy what others have written. Marks are awarded for your own analysis and application of this material. TURNITIN REPORTS When you view your Turnitin report via the link on your module web you will see a small coloured box with your Turnitin “score”, which indicates the percentage of your work that matches other sources. If you click on this box you should be able to view the full report for the whole of your coursework. Turnitin highlights any sections overlapping with other sources; colour codes them and puts them in boxes with a reference number that corresponds to the list of sources that Turnitin has found. It will therefore pick up the titles of sources used in reference lists and commonly used phrases, and properly marked up quotations. The university would not pursue a case of plagiarism against a student where these were the only overlaps highlighted. However, if other sources are found to have been directly copied this may lead to a case of plagiarism being brought. Turnitin scores are useful to give a quick indication of where plagiarism may be present, but it is not possible to give a precise cut off score for when a case of plagiarism will be pursued or not. One student may have a 20% score because they have copied a large chunk from one particular source, which is plagiarism, while another student may have a 20% score because they have got a long reference list or they have frequently repeated a longish phrase that is relevant to the topic but which Turnitin keeps picking up, eg “Baumol’s sales revenue maximising theory of the firm”, which would not be considered plagiarism. Overlaps with work submitted at other universities – sometimes students may see a section of their work highlighted as “Submitted to University of XXX”. Although this may signify that you have actually copied work that a student at this other university has submitted, this is unusual (although it does sometimes happen). What this usually means is that you have both copied from the same source (such as a book, a bought essay, or perhaps an on-line source that is now no longer on the web) and so Turnitin has picked up the other student’s work rather than the original source. You should be aware that essay banks sometimes sell the same essay to different students (even if they say it is especially written for the purchaser) and the essays they produce are sometimes plagiarised. Overlaps with work submitted at Coventry University – sometimes students may see a section of their work highlighted as “Submitted to Coventry University”. This normally means that these sections are identical to another student’s work or to work you have submitted yourself for another module. (Overlaps with your own drafts that have been submitted on the same module web should not be picked up by Turnitin.) PLAGIARISM WARNING ! – Assignments should not be copied in part or in whole from any other source, except for any marked up quotations, that clearly distinguish what has been quoted from your own work. All references used must be given, and the specific page number used should also be given for any direct quotations, which should be in inverted commas. Students found copying from the internet or other sources will get zero marks and may be excluded from the university. Document 1 Source : solidlimited.co.uk/repository/…/Contract_Of_Employment_342287.d SPECIMEN CONTRACT OF EMPLOYMENT Between (name of Company) Limited and (name of employee) meeting the requirements of section 1 of the Employment Rights Act 1996 (as amended). This Agreement is made between (name of Company) Limited (“the Company”) and you. It supersedes any earlier written or oral arrangement between you and the Company. The headings in this Agreement are for convenience only and shall not affect its interpretation. 1 JOB TITLE AND PLACE OF WORK 1.1 The Company will employ you as a (job title). You will be required to undertake [such duties and responsibilities as may be determined by the Company from time to time.] (or) [the following duties and responsibilities: (list of duties).] The Company reserves the right to vary your duties and responsibilities at any time and from time to time according to the needs of the Company’s business. 1.2 Your normal place of work will be (address of Company). If necessary, you will work at and, if requested, change your normal place of work to any other branch office which the Company has already set up or may set up within a 10 mile radius of (address of Company). 1.3 The Company’s business premises are no smoking premises and any other premises that it may establish in the future will also be no smoking premises. (Provide details of any smoking areas provided.) 2 START OF EMPLOYMENT 2.1 Your employment with the Company started on (date). [No period of employment with a previous employer counts towards your period of continuous employment.] (or) [where the business was acquired as a going concern under the TUPE Regulations or the old employer was an associated employer: Your period of employment with (name of old employer) which began on (date) counts as part of your continuous period of employment with the Company.] 3 PROBATIONARY PERIOD 3.1 The first 3 months of your employment will be a probationary period during which time your performance and conduct will be monitored and appraised. At the end of that period, your employment will be reviewed and may be terminated if you are found for any reason whatsoever to be incapable of carrying out, or otherwise unsuitable for, your job. The Company may extend your probationary period by written notice, but so that your total period of probation will not exceed 6 months. 3.2 The Company reserves the right to dispense with the official warnings provided for in the Company’s disciplinary procedure set out in Appendix 1 during the initial or any extended probationary period. 4 NOTICE 4.1 Your employment is not for a fixed term and there is no anticipated duration for your employment but it may be terminated by notice. During any probationary period, your employment may be ended either by you giving the Company or by the Company giving you one week’s written notice. 4.2 After the successful completion of any probationary period, your employment may be ended by you giving the Company (one month’s) written notice. The Company will give you (one month’s) written notice and after 4 years service a further one week’s notice for each additional complete year of service up to a maximum of 12 weeks’ notice. Note: under the terms of the contract, you may instead opt to provide that you need only give the statutory minimum periods of notice to an employee, which is one week’s notice between 1 month’s and 2 years’ service and then a further one week’s notice for each additional complete year of service up to a maximum of 12 weeks. The statutory minimum notice to be given by an employee is one week irrespective of their length of employment. You would therefore substitute Clauses 4.1 and 4.2 above with the following: Your contract of employment is terminable by written notice as follows: Notice by the Company Length of continuous service Minimum period of notice —————————- ————————— Less than 1 month 1 day 1 month to 2 years 1 week 2 years to 12 years 1 week for each continuous year of employment 12 or more years 12 weeks Notice to the Company Length of continuous service Minimum period of notice —————————- ————————— Less than 1 month 1 day 1 month onwards 1 week 4.3 The Company will not be obliged to provide you with work at any time after notice of termination shall have been given by either party and the Company may, in its absolute discretion, pay your salary entitlement in lieu of all or any part of the unexpired period of notice (subject to deduction at source of income tax and applicable national insurance contributions). 4.4 If you leave without giving the proper period of notice or leave during your notice period without permission, the Company shall be entitled as a result of your agreement to the terms of this contract to deduct a day’s pay for each day not worked during the notice period, provided always that the Company will not deduct a sum in excess of the actual loss suffered by it as a result of your leaving without notice and any sum so deducted will be in full and final settlement of the Company’s claim for your breach of contract. This deduction may be made from any final payment of salary which the Company may be due to make to you. The amount to be deducted is a genuine attempt by the Company to assess its loss as a result of your leaving without notice. It is not intended to act as a penalty upon termination. 5 HOURS OF WORK AND OVERTIME 5.1 The Company’s normal hours of work are from (……am until …..pm), (….day to……day) with (duration) break for lunch. These hours will be your normal hours of work unless otherwise agreed between you and the Company. You may be required to work such additional hours as are reasonably necessary for the proper performance of your duties. [No extra payment will be made for any additional hours worked, unless expressly authorised by your line manager.] (or) [Any overtime worked by you at the request of the Company will be paid at [the rate of £[ ] per hour] (or) [ ] times your normal hourly rate].] 6 SALARY 6.1 Your salary will be £(insert details) per (hour/day/week/annum) payable in equal (monthly/weekly) instalments in arrears on or before the last working day of each (month/week) for the (month/week) up to and including that day. Payment will be made [by direct credit transfer to a bank or building society account nominated by you] (or) [by cheque made payable to you]. Your salary will be reviewed annually in (month). 6.2 In addition to your remuneration, you will be reimbursed all reasonable expenses, properly, wholly and exclusively incurred by you and authorised by your line manager in the discharge of your duties under this contract upon production of receipts or other evidence for them as the Company may reasonably require. 7 REVIEW OF PERFORMANCE 7.1 A performance review will be carried out in relation to you at least once in each year. The timing of that review will vary depending upon your job and, in any event, is in the discretion of the Company. Details of any review procedures relating to you will be given to you and you are required to comply with them at the time of any review of you in order to assist in making the process worthwhile. 7.2 Your performance will also be reviewed, independently of the annual review process, approximately three months after the start of your employment and at the end of any extended probationary period. 8 HOLIDAY 8.1 The Company’s holiday year is (the calendar year) or (from [date] to [date]). [In addition to paid holiday on all statutory and other public holidays,] you will be entitled to (number) days’ holiday in each calendar year throughout which you are employed by the Company (or) [which includes statutory and other public holidays [and any period during which the Company closes down for Christmas and the New Year]]. You will accrue holiday at the rate of (number) days per calendar month from your first day of employment with the Company. Note: minimum holiday entitlement is 4 weeks per annum, plus 0.8 weeks (1.6 weeks from April 2009) for statutory and public holidays. 8.2 The Company will operate a system that you must follow for obtaining prior approval for holiday plans. Details of that system and of any changes to it from time to time will be made known to you. The Company will try to co-operate with your holiday plans wherever possible subject to the requirements of the Company. However, you must not book holidays until your request has been formally authorised in writing by your line manager. 8.3 You must use all of your holiday entitlement by (31 December) or (end of your holiday year date) in each holiday year and, unless there are exceptional circumstances, you may not carry your holiday entitlement forward into the next holiday year. Holiday entitlement not used by the correct date will usually be lost and under no circumstances will payment be made for holiday entitlement that is lost through not being exercised by the correct date. 8.4 No more than 10 days’ holiday may be taken at any one time without the prior written agreement of your line manager. (One month’s) notice must be given by you of the proposed date of commencement of any holiday. 8.5 In your first and last year of employment, your holiday entitlement will be that proportion of your annual holiday entitlement equivalent to the proportion of the holiday year in question during which you have been employed (to the nearest whole day and assuming that holiday entitlement accrues at an even rate from day to day). 8.6 Subject to clause 8.1, on termination of your employment, holiday pay will be given for earned and unused days of holiday entitlement in that year. If, on termination, you have taken more holiday than you have earned in that year, the Company shall be entitled as a result of your agreement to the terms of this contract to deduct the value of the unearned holiday from any final payment of salary made to you. Holiday pay will be at a rate derived from annual salary accruing at (number) days per month. 8.7 Should you be incapacitated for work during any period of pre-booked holiday (whether in whole or in part) the Company may in its absolute discretion reimburse the period of holiday entitlement lost due to incapacity. You have no contractual right to reimbursement and before considering whether reimbursement is appropriate in the circumstances, you must deliver to the Company a relevant medical certificate covering the period of incapacity. 9 COMPASSIONATE LEAVE AND TIME OFF FOR FAMILY EMERGENCIES 9.1 The Company will consider all requests for compassionate leave and time off to deal with family emergencies. If you need to take compassionate leave or time off to deal with a family emergency, you should raise the matter with your line manager and that person will consider your request. There is no contractual entitlement to remuneration for absences relating to compassionate leave or time off to deal with family emergencies. Any payment will be made at the absolute discretion of the Company. 10 SICK PAY 10.1 You are entitled to Statutory Sick Pay (“SSP”). Any payment over and above SSP will be made at the absolute discretion of the Company. 11 REPORTING SICKNESS ABSENCE 11.1 On the first day of any sickness absence you must ensure that your line manager is informed by telephone of your sickness at the earliest possible opportunity and if practicable by (time). You should also give details of the nature of your illness and the day on which you expect to return to work. You must inform the Company as soon as possible of any change in the date of your anticipated return to work. 11.2 Sickness absence of up to and including seven consecutive days must be fully supported by a self-certificate and thereafter by one or more doctor’s certificates provided to the Company at intervals of no more than seven days during the period of sickness absence. 11.3 You must inform your line manager on the first day of your return to work after a period of sickness absence and complete a self-certificate form if applicable. Self-certification forms are available from (name of appropriate person). 12 MEDICAL EXAMINATIONS 12.1 The Company may require you to undergo a medical examination by a medical practitioner nominated by it at any stage of your employment. The cost of any such examination or examinations will be met by the Company and you will co-operate in the disclosure of all results and reports to the Company. The Company will only request such an examination where reasonable to do so. 13 PENSION 13.1 [The Company does not operate or participate in any pension scheme applicable to your employment and no contracting-out certificate is in force in respect of this employment.] (or) [In accordance with Government legislation, the Company has in place a Stakeholder Pension Scheme and after three months’ service you will be invited to make your own contributions to that scheme should you so wish. No contracting-out certificate is in force in respect of this employment.] (or) [The Company provides you with a pension [and life assurance] scheme which you may join on becoming eligible to do so. Details of the scheme, including the conditions of eligibility and the rates of contributions and of benefits, are available from (name of appropriate person). If you become a member of the scheme, you will be contracted [in/out] of the State Scheme. The Company reserves the right to withdraw or amend any of the rules or benefits of the scheme at any time.] 14 RETIREMENT AGE 14.1 The Company’s normal retirement age is 65 years. When you reach the normal retirement age, your employment will come to an end without breach or fault on either side. Six months written notice will be given prior to date of retirement. 15 COLLECTIVE AGREEMENTS AND PERIODS OUT OF THE U.K. 15.1 There are no collective agreements that directly affect the terms of your employment. 15.2 You will not be expected to work outside the United Kingdom for one month or more. 16 DISCIPLINARY RULES 16.1 The Company’s disciplinary rules and procedures that apply to your employment are set out in Appendix 1 to this contract. 17 GRIEVANCE PROCEDURE 17.1 The Company’s grievance procedures that apply to your employment are set out in Appendix 2 to this contract. 18 EQUAL OPPORTUNITIES 18.1 It is the Company’s policy to provide employment, compensation, training, promotions and other conditions of employment without regard to race, colour, sex, national origin, marital status and /or disability unrelated to an individual’s ability to perform essential job functions. It is also the Company’s policy to conform to all employment standards required by law. 19 LAY-OFFS 19.1 The Company reserves the right to lay you off or put you on short-time working where the needs of the Company’s business make this necessary. You will be paid statutory guarantee payments during a period of any lay-off or short-time working. 20 RESTRICTIONS 20.1 During your normal hours of work you may not, without the prior written consent of the Company, devote any time to any business other than the business of the Company or to any public or charitable duty or endeavour. 20.2 During the period of your employment you will not, without the prior written consent of the Company, undertake any work or other activity which may prejudicially affect your ability properly and efficiently to discharge your duties and responsibilities. The decision as to whether or not an activity would have a prejudicial effect shall be in the absolute discretion of the Company. 20.3 You will not at any time either during your employment or afterwards, to the detriment or prejudice of the Company or the Company’s customers, use or divulge to any person, firm or company, except in the proper course of your duties during your employment by the Company, any confidential information identifying or relating to the Company, details of which are not in the public domain, or such confidential information or trade secrets relating to the business of any customer of the Company which have come to your knowledge during your employment. 21 DEBTS AND OVERPAYMENTS 21.1 If, on the termination of your employment, you owe the Company money as a result of any loan, over-payment, default on your part or any other reason whatsoever, the Company shall be entitled as a result of your agreement to the terms of this contract to deduct the amount of your indebtedness to it from any final payment of salary which it may be due to make to you. I hereby confirm that I have read, understood and accept the above contract of employment. I undertake to observe the terms and conditions of employment contained therein. Signed: ………………………… Signed:……..…………………….. (name of employee) For and on behalf of the Company Date: ………………….………. Date: ……………………………..   APPENDIX 1 – DISCIPLINARY PROCEDURE 1. Whilst the Company does not intend to impose unreasonable rules of conduct on its employees, certain standards of behaviour are necessary to maintain good industrial order and discipline in the interest of all employees. 2. We prefer that discipline be voluntary and self-imposed and in the great majority of cases this is how it works. However, from time to time, it may be necessary to take action towards individuals whose behaviour or performance is unacceptable. 3. Minor faults will be dealt with informally. However, in cases where informal discussion does not lead to improvement or where the matter is more serious, e.g. unjustified absences, poor time-keeping, sub-standard performance, the following procedure will be used. At all stages, the employee will be given the chance to state his/her case, accompanied if requested by a trade union official or a fellow employee of his/her choice during disciplinary interview. It should be noted, however, than an employee’s behaviour is not looked at in isolation but each incident of misconduct is regarded cumulatively with any previous occurrences. 4. Stage 1 The employee will be given a formal VERBAL WARNING by the management or immediate superior. He/she will be advised of the reason for the warning and that this warning is the first stage of the disciplinary procedure. A note of the verbal warning may be recorded but nullified after six months, subject to satisfactory conduct and performance. Stage 2 If conduct or work performance does not improve within the currency of a prior warning, or if the offence is regarded as more serious, a FIRST WRITTEN WARNING may be given. This will give details of the complaint and the likely consequences if the terms of the warning are not complied with. This warning will be recorded but again nullified after twelve months, subject to satisfactory conduct and performance. Stage 3 Failure to improve in response to the procedure so far, a repeat of misconduct for which a warning or warnings have previously been issued, or a first instance of serious misconduct, will result in a FINAL WRITTEN WARNING being issued. This will give details of the complaint and notification that dismissal will probably result if the terms of the warning are not complied with. This warning will be recorded but again nullified after twelve months, subject to satisfactory conduct and performance. Stage 4 Failure to meet the requirements set out in the final written warning will normally lead to DISMISSAL with appropriate notice. A decision of this kind will only be made after the fullest possible investigation. Dismissal can be authorised only by [the employer] (or) [a Director]. The employee will be informed of the reasons for dismissal and the date on which employment will terminate. 5. Gross Misconduct Offences under this heading are so serious that an employee who commits them will normally be summarily dismissed. In such cases, the Company reserves the right to dismiss without notice of termination or payment in lieu of notice. Examples of gross misconduct are: • Any breakage of the law, such as theft and unauthorised possession of Company property, deliberate falsification of records or any other form of dishonesty. • Wilfully causing harm or injury to another employee. • Performing an action that is liable to cause injury to other people or damage the Company’s property. • Wilful refusal to obey a reasonable instruction. • Incapacity through an excess of alcohol or drugs. The above is intended as a guide and is not an exhaustive list. 6. Suspension In the event of serious misconduct an employee may be suspended on full basic pay while an investigation is carried out. Such suspension is a neutral act, which DOES NOT imply guilt or blame and will be for as short a period as possible. 7. Appeals An employee may appeal against a disciplinary decision, including dismissal, to [the employer] (or) [the Managing Director] within one calendar week of the decision. Appeals should be in writing. At the appeal hearing, the employee will again be given the chance to state his/her case and will have the right to be accompanied by a trade union official or a fellow employee of his/her choice. The Company’s decision will be final. 8. Employees with less than one year’s service The Company reserves the right not to apply this disciplinary procedure to any employee who has less than one year’s continuous employment with the Company. APPENDIX 2 – GRIEVANCE PROCEDURE Object The object of the procedure is to provide an employee who considers that he/she has a grievance with an opportunity to have it examined quickly and effectively, and where a grievance is deemed to exist, to have it resolved, if possible, at the earliest practicable moment at the first level of management. Procedure This procedure has been drawn up to establish the appropriate steps to be followed when pursuing and dealing with a grievance. Stage 1 In the event of an employee having a grievance relating to his/her employment he/she should, in the first instance, put it in writing and approach his/her immediate superior or line manager. The immediate superior will endeavour to resolve the grievance as soon as possible and, in any case, within five working days from the time the grievance is first raised. If it is not possible to respond within this time period, the employee will be given an explanation for the delay and be told when a response can be expected. Where the grievance is against the immediate superior or line manager, the matter should be raised with a more senior manager. Stage 2 In the event that the employee feels that the issue has not been satisfactorily resolved, he/she may then raise the matter personally with [his/her employer] (or) [the Managing Director]. On receipt of such a request, [the employer] (or) [the Managing Director] shall make arrangements to hear the grievance and at this interview the employee may, if he/she wishes, be accompanied by a trade union official or a fellow employee of his/her choice. It is the responsibility of [the employer] (or) [the Managing Director] to make arrangements for the hearing to be held within five working days of the grievance being raised. The [employer] (or) [the Managing Director] shall then respond to the grievance in writing within five working days of the grievance hearing. If it is not possible to respond within this time period, the employee will be given an explanation for the delay and be told when a response can be expected. Reference to [the employer] (or) [the Managing Director] shall be the final stage of the grievance procedure and this decision shall be final. DOCUMENT 2 (www.startupdonut.co.uk) Dear Employee’s name PRO FORMA CONTRACT OF EMPLOYMENT 1. Employer: 2. Date employment started: 3. Notice period: Eg One week during the first three months of probation, thereafter one month. Notice must be given in writing. 4. Probationary period: The first three months of your employment are probationary. Your employment may be terminated with one week’s notice, given in writing, during your probation. Your performance and suitability will be reviewed and the business reserves the right to extend your probation if necessary. 5. Notice period after probation: One week for each full year of employment, with a minimum of one month and maximum of 12 weeks. The business reserves the right to pay salary in lieu of notice. Nothing in these terms and conditions of employment shall prevent the business from terminating your employment without notice or salary in lieu of notice in appropriate circumstances. 6. Job title: Your duties are as outlined in your job description. 7. 8. Salary: Enter salary/wages and payment terms (eg monthly in arrears into the employee’s bank account by the last day of the month). State when salaries are reviewed. Also detail any bonuses/commissions. 9. Hours of work: State usual hours per week, including lunch breaks. Detail normal hours of work (eg 9am to 5.30pm Monday to Friday). If it might be necessary to work outside these hours, make this clear. 10. Paid holiday: 5.6 weeks per annum (the statutory minimum for full time employees which can include Bank and public holidays). Entitlement to leave starts accruing from the first day of employment at a rate of one-twelfth per month, rounded up to the nearest half day. Include details of any additional holiday entitlement earned for continued service. If the employee is to work part time, explain how this affects their holiday entitlement. Eg leave is worked out on a pro rata basis and that part days owed will be rounded up to the nearest half day. If there are restrictions about maximum number of weeks that can be taken at any one time (eg two), explain this. Also explain when exceptional requests will be considered by you and detail any other special arrangements regarding holidays. Explain under what circumstances the employee can take paid (eg on compassionate grounds) and unpaid (eg sabbatical) leave. 11. Sick pay: How much do you pay, when and what responsibilities does the employee have regarding providing a doctor’s note, etc? 12. Pension: Detail any pension arrangements 13. Confidentiality of information: You must not disclose to any unauthorised person either during or after your employment, any confidential information, etc. On termination of employment you must return any files or documents in hard copy or electronic form or other tangible items relating to the business, etc. 14. Copyright: The copyright of any communication, document, or other material (‘works’) that you prepare during your employment shall belong to the business. You irrevocably and unconditionally waive for the full period for which such rights may subsist all and any moral rights existing now or subsequently arising in respect of such works and declare that this waiver shall operate in favour of BHP and its assigns and successors in title. 15. Restrictive covenants: While employed by this business and for six months after the termination of your employment, you shall not seek to: a) Canvass or solicit business, orders or custom for any products or services provided by this business from any customer, supplier or sponsor. b) Solicit or entice away any member of our staff or freelances. 16. Outside Interests: During work hours, we expect you to devote your full attention to your tasks and duties. It is therefore our policy that full-time employees do not have secondary jobs (including freelance work) without our written consent, which will not be unreasonably withheld. You must also declare and update as circumstances change, any direct or indirect interests you, or someone close to you, may have in any other company or organisation that is in any way connected to or a competitor to this business. The interest must be declared on the register of outside interests, a copy of which you confirm that you completed when you accepted the job offer. 17. Health & Safety: This business will take every reasonable step to ensure your safety. You have a legal duty to take reasonable care of your own health and safety as well as that of others affected by your acts or omissions. You must fully observe our Health & Safety policy at all times. 18. Grievance procedure: If you wish to seek redress for any grievance in connection with your employment, please refer to our grievance procedure, which is contained in our staff handbook. 19. Disciplinary procedure: Details of our disciplinary procedure can also be found in our staff handbook. 20. Company policies: You must read and observe all our company policies, rules and procedures set out in the staff handbook and associated documents. We reserve the right to make reasonable changes to your terms and conditions of employment and will notify you in writing of such changes and their effective date at the earliest opportunity. Such changes will be deemed to be accepted unless you notify us of any objection in writing before the commencement of the effective date. If you are in agreement with the terms of this contract, please sign and date your acceptance below. Yours sincerely I have read, understood and accept the above contract of employment. Signed:………………………………………………. Date:……………………………………… Employee’s name Document 3 Extracted from : http://www.human-resource-solutions.co.uk/HR-Policy-Pages/Employment-Contract/Employment-Contract.htm Company Logo Company Name Company Address Telephone No: XXXXXXXXX Date: xx/xx/xxxx Enquiries to: XXXXXXXX CONFIDENTIAL «Name1» «Address1» «Address2» «Town» «Postcode» Dear «Name2» PRINCIPLE STATEMENT OF TERMS AND CONDITIONS I am pleased to confirm your appointment as «Posttitle» with . This document outlines the Terms and Conditions which apply to your contract and other information which is relevant to your employment. 1. The commencement date of this contract is «xx/xx/xxxx». (It will terminate on «xx/xx/xxxx» (for fixed term contracts only) 2. Your date of commencement of continuous service with or its subsidiaries is «xx/xx/xxxx». 3. Your base will be «Base», however the Company reserves the right, with appropriate consultation with you, to change your base should the needs of the Company require this. 4. Your working hours will be «Hours» per week. The Company may require you to vary the pattern of your working hours if required on a temporary or permanent basis should the needs of the post require this. Overtime payments are made in line with the Company Remuneration Policy. 5. You will be subject to the terms and conditions as agreed and amended from time to time by the the Company as outlined in its policies, procedures, handbooks and other relevant documents. 6. The pay grade for this post is «Grade» and the current salary scale is £«Scale1» . This will be reviewed annually. You are also eligible for individual / team performance bonuses as outlined in the Company Remuneration Policy. 7. If the Company makes an overpayment to you to which you are not entitled, or is more than that to which you are entitled, you agree to allow the Company to recover the overpayment by deductions from your salary or other payments due to you. Any deductions will normally be made over the same period that the overpayment was made. It is in your interests to regularly check your pay slips. 8. In addition to your salary you will receive the following allowance: «Type of allowance» of £XXX per annum. 9. You will be paid «weekly / fortnightly / monthly» on «description of pay date – e.g. last working day of the month» in arrears to a bank account of your choice. 10. The Company leave year runs from the 1st of April to the 31st of March. You are entitled to «number of leave days – needs to be a minimum of 28 days for someone working a 5 day week and pro rata for part-timers» inclusive of statutory / local holidays as agreed annually by the Company. Arrangements for payment of holiday pay are as follows………. 11. You are obliged to give the Company «Notice» weeks notice to terminate your contract of employment. The Company is obliged to give you the statutory minimum amount of notice before terminating your contract. 12. This post is subject to the completion of a 6 month probationary period. At the end of this period if your performance is of a satisfactory standard your appointment will be made permanent. During this period, one weeks notice may be given by either party to terminate this contract. 13. You will automatically be enrolled in the Company Pension Scheme (details are available from the HR Department / Head Office), however you may also choose to opt out of this. Should you opt to take out a Personal Pension Plan then this is a private matter between yourself and the financial institution concerned, and does not involve the Company in any way. 14. You are expected to comply with the Company dress code, your line manager will explain the details of this, and provide you with any relevant company policy on this. 15. Should the need for disciplinary action be deemed necessary, this will be taken in accordance with the Company Policy and Procedure on Disciplinary Action. You have a right of appeal against this as outlined in the Procedure. 16. If you have a grievance in relation to your employment, then you should follow the procedure outlined in the Company Grievance Policy and Procedure. You should initially discuss any grievance with your immediate superior. 17. You are required to report any sickness absence as soon as is practicably possible to your immediate superior, and provide certification of sickness in line with Company policy. 18. Smoking in Company premises is prohibited (except in those external areas specifically designated for that purpose). Breach of this regulation may result in disciplinary action being taken. 19. In the course of your employment you may have access to confidential material both in paper and electronic form. On no account should this information be divulged to any unauthorised person. Breaches of confidentiality will be dealt with through the Company Policy and Procedure on Disciplinary Action. 20. The Company has a strict anti-bribery and corruption policy in line with the Bribery Act (2010). If you bribe (or attempt to bribe) another person, intending either to obtain or retain business for the company, or to obtain or retain an advantage in the conduct of the company’s business this will be considered gross misconduct. Similarly accepting or allowing another person to accept a bribe will be considered gross misconduct. In these circumstances you will be subject to formal investigation under the Company’s disciplinary procedures, and disciplinary action up to and including dismissal may be applied. 21. It is a condition of your employment that the Company is satisfied on your medical fitness to carry out your duties. This appointment is conditional on a satisfactory Occupational Health Service / Company Doctor assessment. Should it be deemed necessary during the course of your employment, you may be required to attend for a medical examination from the Company Doctor / Occupational Health Service. 22. Your employment with the Company may be dependant upon the possession of particular qualifications or registration with a statutory Body or other Authority; evidence of this must be produced on request. Failure to produce such evidence may lead to the termination of your employment. 23. Access to all Handbooks, policies and procedures etc. is available through your line manager or the HR Department / Company Head Office, and copies can be provided on request. If you are in agreement with the above terms and conditions please sign both copies of this statement, retain one and return the other to me. Yours sincerely, XXXXX XXXXXX Designation For FORM OF ACCEPTANCE: I accept this appointment on the terms and conditions stated above, and agree to the following: Restrictive Covenant On leaving the company, I agree not to undertake provision of the same services / products as supplied by the Company either from my own business, or the employment of a competitor to the Company, for a period of two years, unless this is specifically agreed by the Company. The Company will only enforce that which is reasonable to protect it’s business. SIGNATURE______________________________________ DATE_______________________ Document 4 BUSINESS LETTER SCENARIO You are Julia (or Julian) Brown and you live at 3 Forest View, Marchtown , West Riding, MA4 6GL. Two months ago, you purchased a washing machine – Superwasher Deluxe: model no 437 from GreenLake Stores situated at 67, High Street, Marchtown MA39 7HL under an interest free credit arrangement. The total price paid was £550. You paid £50 deposit and the remainder was to be paid in monthly instalments by direct debit from your bank account. The Invoice Number was GLS 39780 The machine was fine on the first two occasions that you used it but on the third occasion the door opened whilst the machine was in use and flooded the kitchen, ruining the carpet. You phoned GreenLake Stores to complain and spoke to a Mr Peter Hail, the department manager. He sent a repair man (Tom Williams) who said the door catch was faulty and Tom replaced the catch. However, the next time you used the machine, the door opened again. Luckily you were in the kitchen at the time and were able to prevent much water escaping. You telephoned Mr Hail again and said you wanted your money returned or a new machine. He offered to send the repair man again but you said that wasn’t good enough. Mr Hail then told you he would have to speak to his boss (he did not say who his boss was) and would get back to you, but he never did. Over the following two weeks you phoned the store but on each occasion the sales staff fobbed you off and you have not been able to speak to Mr Hail again. Finally, in desperation, you contacted your bank and cancelled the direct debit. Write a formal business letter to GreenLake Stores explaining that you have now cancelled the direct debit and give your reasons in the letter for doing this. Explain in your letter that you feel very aggrieved about the whole affair. You want nothing more to do with GreenLake Stores. You want to return the washing machine but you also want your money back and compensation for the ruined carpet (estimated value £110).

Coursework Title:
1) You are setting up a new company and are going to employ a number of new members of staff. You know that you will be required to provide each of them with a Contract of Employment. Consider the attached draft Contracts of Employment (Documents 1, 2 and 3).
a) Compare and contrast the three contracts identifying those drafting techniques that you consider are effective and suggesting any elements that you consider could be improved in each of the pieces. (50 marks)
b) Based on your comments in a) explain, with reasons, which of the three contracts you are likely to choose to give to your potential employees. (10 marks)
NB You are not expected to comment on the legal content of the agreements.
2) a)You are Julia/Julian Brown. Draft the formal business letter to GreenLake Stores based on the scenario set out in Document 4. (30 marks) NB You are not expected to include any points of law in your letter to the store.
b) How would your answer differ (if at all) if you were to send the same piece of correspondence by e-mail rather than as a formal business letter. Which method do you feel would be the most appropriate in the circumstances and why? NB You are not expected to write the e-mail.

Submission by 4pm on date Monday 28th April 2014
This assignment must be submitted, with a BES coursework cover sheet attached, to the George Eliot reception and also on TURNITIN via the module web by 16.00 on the above deadline.

Please note:
1. All work submitted after the submission deadline without an approved valid reason (see below) will be given a mark of zero. (This is not the same as a non-submission, as a late submission counts as an attempt and a mark of zero may allow you to resit the coursework.).
2. Short deferrals (extensions) of up to two calendar weeks can only be given for genuine “force majeure” and medical reasons, not for bad planning of your time. Please note that theft, loss, or failure to keep a back-up file, are not valid reasons. The short deferral must be applied for on or before the submission date. You can apply for a short deferral by submitting an Examination/ Coursework Deferral Application Form. Application Forms along with the supporting evidence should go to the relevant Student Support Office For a longer delay in submission a student may apply for a (long) deferral.

Students MUST keep a copy and/or an electronic file of their assignment.
Please also submit an electronic copy of your assignment via the module web on TURNITIN. ( See instructions below and on the module web)
The electronic version of your assignment may be used to enable checks to be made using anti-plagiarism software and approved plagiarism checking websites.

Word Length (total for both questions) 1500 words Maximum/ MinimumRange 150 words.

Any penalties for not complying with word limits will be in accordance with University and Faculty policy

Learning Outcomes Assessed

1. Demonstrate an understanding of the skills required for effective drafting of documents
2. Identify the essential elements of well drafted, accurate, lucid documentation
3. Apply those skills in a practical manner to hypothetical scenarios.

Assessment Criteria

1 The student is expected to identify the strengths and weaknesses in documents which are similar in content, based on the structure, wording, style and presentation of each document.
2 The student should understand and explain their decision as to why, in his or her opinion, each particular document may be the most or least effective.
3 The student is required to draft an accurate business letter based on the scenario given. Marks will be deducted for poor presentation, grammatical and spelling errors.
4. It is important that, despite the opinions of others you may find during your research, you explain this in your OWN words so that your understanding can be assessed.

Return of Marked Work
. You can expect to have marked work returned to you by 3 academic weeks after the submission date. Your mark will be put on Moodle and you will be informed where you can collect the marked work from.

. TURNITIN, PLAGIARISM AND COURSEWORK- A NOTE FOR STUDENTS

Turnitin is a service that helps both lecturers and students to check if a piece of coursework contains sections that are identical to work submitted or published elsewhere. However, you should note that:
• Not all sources found by Turnitin are necessarily plagiarised
• Work may be plagiarised even if Turnitin does not find any overlaps
Nevertheless, it is still a very useful tool to help detect if plagiarism may be present.

PLAGIARISM – A REMINDER OF THE UNIVERSITY REGULATIONS
The rules on Plagiarism are very simple. Everything you put in an assignment must be written in your own words. If you copy what others have written this is plagiarism, unless you clearly mark up the quoted section in inverted commas so that there is no mistake as to where your own work stops and the quoted work begins and ends. Just listing references used at the end is insufficient to mark up a quotation. You are normally expected to use information from other sources, which should be referenced correctly, but you should not just copy what others have written. Marks are awarded for your own analysis and application of this material.

TURNITIN REPORTS
When you view your Turnitin report via the link on your module web you will see a small coloured box with your Turnitin “score”, which indicates the percentage of your work that matches other sources. If you click on this box you should be able to view the full report for the whole of your coursework.
Turnitin highlights any sections overlapping with other sources; colour codes them and puts them in boxes with a reference number that corresponds to the list of sources that Turnitin has found. It will therefore pick up the titles of sources used in reference lists and commonly used phrases, and properly marked up quotations. The university would not pursue a case of plagiarism against a student where these were the only overlaps highlighted. However, if other sources are found to have been directly copied this may lead to a case of plagiarism being brought.

Turnitin scores are useful to give a quick indication of where plagiarism may be present, but it is not possible to give a precise cut off score for when a case of plagiarism will be pursued or not. One student may have a 20% score because they have copied a large chunk from one particular source, which is plagiarism, while another student may have a 20% score because they have got a long reference list or they have frequently repeated a longish phrase that is relevant to the topic but which Turnitin keeps picking up, eg “Baumol’s sales revenue maximising theory of the firm”, which would not be considered plagiarism.

Overlaps with work submitted at other universities – sometimes students may see a section of their work highlighted as “Submitted to University of XXX”. Although this may signify that you have actually copied work that a student at this other university has submitted, this is unusual (although it does sometimes happen). What this usually means is that you have both copied from the same source (such as a book, a bought essay, or perhaps an on-line source that is now no longer on the web) and so Turnitin has picked up the other student’s work rather than the original source. You should be aware that essay banks sometimes sell the same essay to different students (even if they say it is especially written for the purchaser) and the essays they produce are sometimes plagiarised.

Overlaps with work submitted at Coventry University – sometimes students may see a section of their work highlighted as “Submitted to Coventry University”. This normally means that these sections are identical to another student’s work or to work you have submitted yourself for another module. (Overlaps with your own drafts that have been submitted on the same module web should not be picked up by Turnitin.)

PLAGIARISM WARNING ! – Assignments should not be copied in part or in whole from any other source, except for any marked up quotations, that clearly distinguish what has been quoted from your own work. All references used must be given, and the specific page number used should also be given for any direct quotations, which should be in inverted commas. Students found copying from the internet or other sources will get zero marks and may be excluded from the university.

Document 1

Source : solidlimited.co.uk/repository/…/Contract_Of_Employment_342287.d

SPECIMEN CONTRACT OF EMPLOYMENT

Between (name of Company) Limited and (name of employee) meeting the requirements of section 1 of the Employment Rights Act 1996 (as amended).

This Agreement is made between (name of Company) Limited (“the Company”) and you. It supersedes any earlier written or oral arrangement between you and the Company.

The headings in this Agreement are for convenience only and shall not affect its interpretation.

1 JOB TITLE AND PLACE OF WORK

1.1 The Company will employ you as a (job title). You will be required to undertake [such duties and responsibilities as may be determined by the Company from time to time.] (or) [the following duties and responsibilities: (list of duties).] The Company reserves the right to vary your duties and responsibilities at any time and from time to time according to the needs of the Company’s business.

1.2 Your normal place of work will be (address of Company). If necessary, you will work at and, if requested, change your normal place of work to any other branch office which the Company has already set up or may set up within a 10 mile radius of (address of Company).

1.3 The Company’s business premises are no smoking premises and any other premises that it may establish in the future will also be no smoking premises. (Provide details of any smoking areas provided.)

2 START OF EMPLOYMENT

2.1 Your employment with the Company started on (date). [No period of employment with a previous employer counts towards your period of continuous employment.] (or) [where the business was acquired as a going concern under the TUPE Regulations or the old employer was an associated employer: Your period of employment with (name of old employer) which began on (date) counts as part of your continuous period of employment with the Company.]

3 PROBATIONARY PERIOD

3.1 The first 3 months of your employment will be a probationary period during which time your performance and conduct will be monitored and appraised. At the end of that period, your employment will be reviewed and may be terminated if you are found for any reason whatsoever to be incapable of carrying out, or otherwise unsuitable for, your job. The Company may extend your probationary period by written notice, but so that your total period of probation will not exceed 6 months.

3.2 The Company reserves the right to dispense with the official warnings provided for in the Company’s disciplinary procedure set out in Appendix 1 during the initial or any extended probationary period.

4 NOTICE

4.1 Your employment is not for a fixed term and there is no anticipated duration for your employment but it may be terminated by notice. During any probationary period, your employment may be ended either by you giving the Company or by the Company giving you one week’s written notice.

4.2 After the successful completion of any probationary period, your employment may be ended by you giving the Company (one month’s) written notice. The Company will give you (one month’s) written notice and after 4 years service a further one week’s notice for each additional complete year of service up to a maximum of 12 weeks’ notice.

Note: under the terms of the contract, you may instead opt to provide that you need only give the statutory minimum periods of notice to an employee, which is one week’s notice between 1 month’s and 2 years’ service and then a further one week’s notice for each additional complete year of service up to a maximum of 12 weeks. The statutory minimum notice to be given by an employee is one week irrespective of their length of employment. You would therefore substitute Clauses 4.1 and 4.2 above with the following:

Your contract of employment is terminable by written notice as follows:

Notice by the Company

Length of continuous service Minimum period of notice
—————————- —————————
Less than 1 month 1 day

1 month to 2 years 1 week

2 years to 12 years 1 week for each continuous
year of employment

12 or more years 12 weeks

Notice to the Company

Length of continuous service Minimum period of notice
—————————- —————————
Less than 1 month 1 day

1 month onwards 1 week

4.3 The Company will not be obliged to provide you with work at any time after notice of termination shall have been given by either party and the Company may, in its absolute discretion, pay your salary entitlement in lieu of all or any part of the unexpired period of notice (subject to deduction at source of income tax and applicable national insurance contributions).

4.4 If you leave without giving the proper period of notice or leave during your notice period without permission, the Company shall be entitled as a result of your agreement to the terms of this contract to deduct a day’s pay for each day not worked during the notice period, provided always that the Company will not deduct a sum in excess of the actual loss suffered by it as a result of your leaving without notice and any sum so deducted will be in full and final settlement of the Company’s claim for your breach of contract. This deduction may be made from any final payment of salary which the Company may be due to make to you. The amount to be deducted is a genuine attempt by the Company to assess its loss as a result of your leaving without notice. It is not intended to act as a penalty upon termination.

5 HOURS OF WORK AND OVERTIME

5.1 The Company’s normal hours of work are from (……am until …..pm), (….day to……day) with (duration) break for lunch. These hours will be your normal hours of work unless otherwise agreed between you and the Company. You may be required to work such additional hours as are reasonably necessary for the proper performance of your duties. [No extra payment will be made for any additional hours worked, unless expressly authorised by your line manager.] (or) [Any overtime worked by you at the request of the Company will be paid at [the rate of £[ ] per hour] (or) [ ] times your normal hourly rate].]

6 SALARY

6.1 Your salary will be £(insert details) per (hour/day/week/annum) payable in equal (monthly/weekly) instalments in arrears on or before the last working day of each (month/week) for the (month/week) up to and including that day. Payment will be made [by direct credit transfer to a bank or building society account nominated by you] (or) [by cheque made payable to you]. Your salary will be reviewed annually in (month).

6.2 In addition to your remuneration, you will be reimbursed all reasonable expenses, properly, wholly and exclusively incurred by you and authorised by your line manager in the discharge of your duties under this contract upon production of receipts or other evidence for them as the Company may reasonably require.

7 REVIEW OF PERFORMANCE

7.1 A performance review will be carried out in relation to you at least once in each year. The timing of that review will vary depending upon your job and, in any event, is in the discretion of the Company. Details of any review procedures relating to you will be given to you and you are required to comply with them at the time of any review of you in order to assist in making the process worthwhile.

7.2 Your performance will also be reviewed, independently of the annual review process, approximately three months after the start of your employment and at the end of any extended probationary period.

8 HOLIDAY

8.1 The Company’s holiday year is (the calendar year) or (from [date] to [date]). [In addition to paid holiday on all statutory and other public holidays,] you will be entitled to (number) days’ holiday in each calendar year throughout which you are employed by the Company (or) [which includes statutory and other public holidays [and any period during which the Company closes down for Christmas and the New Year]]. You will accrue holiday at the rate of (number) days per calendar month from your first day of employment with the Company.

Note: minimum holiday entitlement is 4 weeks per annum, plus 0.8 weeks (1.6 weeks from April 2009) for statutory and public holidays.

8.2 The Company will operate a system that you must follow for obtaining prior approval for holiday plans. Details of that system and of any changes to it from time to time will be made known to you. The Company will try to co-operate with your holiday plans wherever possible subject to the requirements of the Company. However, you must not book holidays until your request has been formally authorised in writing by your line manager.

8.3 You must use all of your holiday entitlement by (31 December) or (end of your holiday year date) in each holiday year and, unless there are exceptional circumstances, you may not carry your holiday entitlement forward into the next holiday year. Holiday entitlement not used by the correct date will usually be lost and under no circumstances will payment be made for holiday entitlement that is lost through not being exercised by the correct date.

8.4 No more than 10 days’ holiday may be taken at any one time without the prior written agreement of your line manager. (One month’s) notice must be given by you of the proposed date of commencement of any holiday.

8.5 In your first and last year of employment, your holiday entitlement will be that proportion of your annual holiday entitlement equivalent to the proportion of the holiday year in question during which you have been employed (to the nearest whole day and assuming that holiday entitlement accrues at an even rate from day to day).

8.6 Subject to clause 8.1, on termination of your employment, holiday pay will be given for earned and unused days of holiday entitlement in that year. If, on termination, you have taken more holiday than you have earned in that year, the Company shall be entitled as a result of your agreement to the terms of this contract to deduct the value of the unearned holiday from any final payment of salary made to you. Holiday pay will be at a rate derived from annual salary accruing at (number) days per month.

8.7 Should you be incapacitated for work during any period of pre-booked holiday (whether in whole or in part) the Company may in its absolute discretion reimburse the period of holiday entitlement lost due to incapacity. You have no contractual right to reimbursement and before considering whether reimbursement is appropriate in the circumstances, you must deliver to the Company a relevant medical certificate covering the period of incapacity.

9 COMPASSIONATE LEAVE AND TIME OFF FOR FAMILY EMERGENCIES

9.1 The Company will consider all requests for compassionate leave and time off to deal with family emergencies. If you need to take compassionate leave or time off to deal with a family emergency, you should raise the matter with your line manager and that person will consider your request. There is no contractual entitlement to remuneration for absences relating to compassionate leave or time off to deal with family emergencies. Any payment will be made at the absolute discretion of the Company.

10 SICK PAY

10.1 You are entitled to Statutory Sick Pay (“SSP”). Any payment over and above SSP will be made at the absolute discretion of the Company.

11 REPORTING SICKNESS ABSENCE

11.1 On the first day of any sickness absence you must ensure that your line manager is informed by telephone of your sickness at the earliest possible opportunity and if practicable by (time). You should also give details of the nature of your illness and the day on which you expect to return to work. You must inform the Company as soon as possible of any change in the date of your anticipated return to work.

11.2 Sickness absence of up to and including seven consecutive days must be fully supported by a self-certificate and thereafter by one or more doctor’s certificates provided to the Company at intervals of no more than seven days during the period of sickness absence.

11.3 You must inform your line manager on the first day of your return to work after a period of sickness absence and complete a self-certificate form if applicable. Self-certification forms are available from (name of appropriate person).

12 MEDICAL EXAMINATIONS

12.1 The Company may require you to undergo a medical examination by a medical practitioner nominated by it at any stage of your employment. The cost of any such examination or examinations will be met by the Company and you will co-operate in the disclosure of all results and reports to the Company. The Company will only request such an examination where reasonable to do so.

13 PENSION

13.1 [The Company does not operate or participate in any pension scheme applicable to your employment and no contracting-out certificate is in force in respect of this employment.] (or) [In accordance with Government legislation, the Company has in place a Stakeholder Pension Scheme and after three months’ service you will be invited to make your own contributions to that scheme should you so wish. No contracting-out certificate is in force in respect of this employment.] (or) [The Company provides you with a pension [and life assurance] scheme which you may join on becoming eligible to do so. Details of the scheme, including the conditions of eligibility and the rates of contributions and of benefits, are available from (name of appropriate person). If you become a member of the scheme, you will be contracted [in/out] of the State Scheme. The Company reserves the right to withdraw or amend any of the rules or benefits of the scheme at any time.]

14 RETIREMENT AGE

14.1 The Company’s normal retirement age is 65 years. When you reach the normal retirement age, your employment will come to an end without breach or fault on either side. Six months written notice will be given prior to date of retirement.

15 COLLECTIVE AGREEMENTS AND PERIODS OUT OF THE U.K.

15.1 There are no collective agreements that directly affect the terms of your employment.

15.2 You will not be expected to work outside the United Kingdom for one month or more.

16 DISCIPLINARY RULES

16.1 The Company’s disciplinary rules and procedures that apply to your employment are set out in Appendix 1 to this contract.

17 GRIEVANCE PROCEDURE

17.1 The Company’s grievance procedures that apply to your employment are set out in Appendix 2 to this contract.

18 EQUAL OPPORTUNITIES

18.1 It is the Company’s policy to provide employment, compensation, training, promotions and other conditions of employment without regard to race, colour, sex, national origin, marital status and /or disability unrelated to an individual’s ability to perform essential job functions. It is also the Company’s policy to conform to all employment standards required by law.

19 LAY-OFFS

19.1 The Company reserves the right to lay you off or put you on short-time working where the needs of the Company’s business make this necessary. You will be paid statutory guarantee payments during a period of any lay-off or short-time working.

20 RESTRICTIONS

20.1 During your normal hours of work you may not, without the prior written consent of the Company, devote any time to any business other than the business of the Company or to any public or charitable duty or endeavour.

20.2 During the period of your employment you will not, without the prior written consent of the Company, undertake any work or other activity which may prejudicially affect your ability properly and efficiently to discharge your duties and responsibilities. The decision as to whether or not an activity would have a prejudicial effect shall be in the absolute discretion of the Company.

20.3 You will not at any time either during your employment or afterwards, to the detriment or prejudice of the Company or the Company’s customers, use or divulge to any person, firm or company, except in the proper course of your duties during your employment by the Company, any confidential information identifying or relating to the Company, details of which are not in the public domain, or such confidential information or trade secrets relating to the business of any customer of the Company which have come to your knowledge during your employment.

21 DEBTS AND OVERPAYMENTS

21.1 If, on the termination of your employment, you owe the Company money as a result of any loan, over-payment, default on your part or any other reason whatsoever, the Company shall be entitled as a result of your agreement to the terms of this contract to deduct the amount of your indebtedness to it from any final payment of salary which it may be due to make to you.

I hereby confirm that I have read, understood and accept the above contract of employment. I undertake to observe the terms and conditions of employment contained therein.

Signed: ………………………… Signed:……..……………………..
(name of employee) For and on behalf of the Company

Date: ………………….………. Date: ……………………………..


APPENDIX 1 – DISCIPLINARY PROCEDURE

1. Whilst the Company does not intend to impose unreasonable rules of conduct on its employees, certain standards of behaviour are necessary to maintain good industrial order and discipline in the interest of all employees.

2. We prefer that discipline be voluntary and self-imposed and in the great majority of cases this is how it works. However, from time to time, it may be necessary to take action towards individuals whose behaviour or performance is unacceptable.

3. Minor faults will be dealt with informally. However, in cases where informal discussion does not lead to improvement or where the matter is more serious, e.g. unjustified absences, poor time-keeping, sub-standard performance, the following procedure will be used. At all stages, the employee will be given the chance to state his/her case, accompanied if requested by a trade union official or a fellow employee of his/her choice during disciplinary interview. It should be noted, however, than an employee’s behaviour is not looked at in isolation but each incident of misconduct is regarded cumulatively with any previous occurrences.

4. Stage 1

The employee will be given a formal VERBAL WARNING by the management or immediate superior. He/she will be advised of the reason for the warning and that this warning is the first stage of the disciplinary procedure. A note of the verbal warning may be recorded but nullified after six months, subject to satisfactory conduct and performance.

Stage 2

If conduct or work performance does not improve within the currency of a prior warning, or if the offence is regarded as more serious, a FIRST WRITTEN WARNING may be given. This will give details of the complaint and the likely consequences if the terms of the warning are not complied with. This warning will be recorded but again nullified after twelve months, subject to satisfactory conduct and performance.

Stage 3

Failure to improve in response to the procedure so far, a repeat of misconduct for which a warning or warnings have previously been issued, or a first instance of serious misconduct, will result in a FINAL WRITTEN WARNING being issued. This will give details of the complaint and notification that dismissal will probably result if the terms of the warning are not complied with. This warning will be recorded but again nullified after twelve months, subject to satisfactory conduct and performance.

Stage 4

Failure to meet the requirements set out in the final written warning will normally lead to DISMISSAL with appropriate notice. A decision of this kind will only be made after the fullest possible investigation. Dismissal can be authorised only by [the employer] (or) [a Director]. The employee will be informed of the reasons for dismissal and the date on which employment will terminate.

5. Gross Misconduct

Offences under this heading are so serious that an employee who commits them will normally be summarily dismissed. In such cases, the Company reserves the right to dismiss without notice of termination or payment in lieu of notice. Examples of gross misconduct are:

• Any breakage of the law, such as theft and unauthorised possession of Company property, deliberate falsification of records or any other form of dishonesty.

• Wilfully causing harm or injury to another employee.

• Performing an action that is liable to cause injury to other people or damage the Company’s property.

• Wilful refusal to obey a reasonable instruction.

• Incapacity through an excess of alcohol or drugs.

The above is intended as a guide and is not an exhaustive list.

6. Suspension

In the event of serious misconduct an employee may be suspended on full basic pay while an investigation is carried out. Such suspension is a neutral act, which DOES NOT imply guilt or blame and will be for as short a period as possible.

7. Appeals

An employee may appeal against a disciplinary decision, including dismissal, to [the employer] (or) [the Managing Director] within one calendar week of the decision. Appeals should be in writing. At the appeal hearing, the employee will again be given the chance to state his/her case and will have the right to be accompanied by a trade union official or a fellow employee of his/her choice. The Company’s decision will be final.

8. Employees with less than one year’s service

The Company reserves the right not to apply this disciplinary procedure to any employee who has less than one year’s continuous employment with the Company.

APPENDIX 2 – GRIEVANCE PROCEDURE

Object

The object of the procedure is to provide an employee who considers that he/she has a grievance with an opportunity to have it examined quickly and effectively, and where a grievance is deemed to exist, to have it resolved, if possible, at the earliest practicable moment at the first level of management.

Procedure

This procedure has been drawn up to establish the appropriate steps to be followed when pursuing and dealing with a grievance.

Stage 1

In the event of an employee having a grievance relating to his/her employment he/she should, in the first instance, put it in writing and approach his/her immediate superior or line manager. The immediate superior will endeavour to resolve the grievance as soon as possible and, in any case, within five working days from the time the grievance is first raised. If it is not possible to respond within this time period, the employee will be given an explanation for the delay and be told when a response can be expected.

Where the grievance is against the immediate superior or line manager, the matter should be raised with a more senior manager.

Stage 2

In the event that the employee feels that the issue has not been satisfactorily resolved, he/she may then raise the matter personally with [his/her employer] (or) [the Managing Director].

On receipt of such a request, [the employer] (or) [the Managing Director] shall make arrangements to hear the grievance and at this interview the employee may, if he/she wishes, be accompanied by a trade union official or a fellow employee of his/her choice. It is the responsibility of [the employer] (or) [the Managing Director] to make arrangements for the hearing to be held within five working days of the grievance being raised. The [employer] (or) [the Managing Director] shall then respond to the grievance in writing within five working days of the grievance hearing. If it is not possible to respond within this time period, the employee will be given an explanation for the delay and be told when a response can be expected.

Reference to [the employer] (or) [the Managing Director] shall be the final stage of the grievance procedure and this decision shall be final.

DOCUMENT 2

(www.startupdonut.co.uk)

Dear Employee’s name

PRO FORMA CONTRACT OF EMPLOYMENT

1. Employer:
2. Date employment started:
3. Notice period: Eg One week during the first three months of probation, thereafter one month. Notice must be given in writing.

4. Probationary period: The first three months of your employment are probationary. Your employment may be terminated with one week’s notice, given in writing, during your probation. Your performance and suitability will be reviewed and the business reserves the right to extend your probation if necessary.

5. Notice period after probation: One week for each full year of employment, with a minimum of one month and maximum of 12 weeks.
The business reserves the right to pay salary in lieu of notice. Nothing in these terms and conditions of employment shall prevent the business from terminating your employment without notice or salary in lieu of notice in appropriate circumstances.

6. Job title:
Your duties are as outlined in your job description.

7.
8. Salary: Enter salary/wages and payment terms (eg monthly in arrears into the employee’s bank account by the last day of the month). State when salaries are reviewed. Also detail any bonuses/commissions.

9. Hours of work: State usual hours per week, including lunch breaks. Detail normal hours of work (eg 9am to 5.30pm Monday to Friday). If it might be necessary to work outside these hours, make this clear.

10. Paid holiday: 5.6 weeks per annum (the statutory minimum for full time employees which can include Bank and public holidays). Entitlement to leave starts accruing from the first day of employment at a rate of one-twelfth per month, rounded up to the nearest half day. Include details of any additional holiday entitlement earned for continued service.

If the employee is to work part time, explain how this affects their holiday entitlement. Eg leave is worked out on a pro rata basis and that part days owed will be rounded up to the nearest half day.

If there are restrictions about maximum number of weeks that can be taken at any one time (eg two), explain this. Also explain when exceptional requests will be considered by you and detail any other special arrangements regarding holidays.

Explain under what circumstances the employee can take paid (eg on compassionate grounds) and unpaid (eg sabbatical) leave.

11. Sick pay: How much do you pay, when and what responsibilities does the employee have regarding providing a doctor’s note, etc?

12. Pension: Detail any pension arrangements

13. Confidentiality of information: You must not disclose to any unauthorised person either during or after your employment, any confidential information, etc.

On termination of employment you must return any files or documents in hard copy or electronic form or other tangible items relating to the business, etc.

14. Copyright: The copyright of any communication, document, or other material (‘works’) that you prepare during your employment shall belong to the business.

You irrevocably and unconditionally waive for the full period for which such rights may subsist all and any moral rights existing now or subsequently arising in respect of such works and declare that this waiver shall operate in favour of BHP and its assigns and successors in title.

15. Restrictive covenants: While employed by this business and for six months after the termination of your employment, you shall not seek to:

a) Canvass or solicit business, orders or custom for any products or services provided by this business from any customer, supplier or sponsor.
b) Solicit or entice away any member of our staff or freelances.
16. Outside Interests: During work hours, we expect you to devote your full attention to your tasks and duties. It is therefore our policy that full-time employees do not have secondary jobs (including freelance work) without our written consent, which will not be unreasonably withheld.
You must also declare and update as circumstances change, any direct or indirect interests you, or someone close to you, may have in any other company or organisation that is in any way connected to or a competitor to this business. The interest must be declared on the register of outside interests, a copy of which you confirm that you completed when you accepted the job offer.

17. Health & Safety: This business will take every reasonable step to ensure your safety. You have a legal duty to take reasonable care of your own health and safety as well as that of others affected by your acts or omissions. You must fully observe our Health & Safety policy at all times.

18. Grievance procedure: If you wish to seek redress for any grievance in connection with your employment, please refer to our grievance procedure, which is contained in our staff handbook.

19. Disciplinary procedure: Details of our disciplinary procedure can also be found in our staff handbook.

20. Company policies: You must read and observe all our company policies, rules and procedures set out in the staff handbook and associated documents.

We reserve the right to make reasonable changes to your terms and conditions of employment and will notify you in writing of such changes and their effective date at the earliest opportunity. Such changes will be deemed to be accepted unless you notify us of any objection in writing before the commencement of the effective date.

If you are in agreement with the terms of this contract, please sign and date your acceptance below.

Yours sincerely

I have read, understood and accept the above contract of employment.

Signed:………………………………………………. Date:………………………………………
Employee’s name

Document 3

Extracted from : http://www.human-resource-solutions.co.uk/HR-Policy-Pages/Employment-Contract/Employment-Contract.htm

Company Logo
Company Name
Company Address
Telephone No: XXXXXXXXX
Date: xx/xx/xxxx
Enquiries to: XXXXXXXX
CONFIDENTIAL

«Name1»
«Address1»
«Address2»
«Town» «Postcode»
Dear «Name2»

PRINCIPLE STATEMENT OF TERMS AND CONDITIONS

I am pleased to confirm your appointment as «Posttitle» with . This document outlines the Terms and Conditions which apply to your contract and other information which is relevant to your employment.

1. The commencement date of this contract is «xx/xx/xxxx». (It will terminate on «xx/xx/xxxx» (for fixed term contracts only)

2. Your date of commencement of continuous service with or its subsidiaries is «xx/xx/xxxx».

3. Your base will be «Base», however the Company reserves the right, with appropriate consultation with you, to change your base should the needs of the Company require this.

4. Your working hours will be «Hours» per week. The Company may require you to vary the pattern of your working hours if required on a temporary or permanent basis should the needs of the post require this. Overtime payments are made in line with the Company Remuneration Policy.

5. You will be subject to the terms and conditions as agreed and amended from time to time by the the Company as outlined in its policies, procedures, handbooks and other relevant documents.

6. The pay grade for this post is «Grade» and the current salary scale is £«Scale1» . This will be reviewed annually. You are also eligible for individual / team performance bonuses as outlined in the Company Remuneration Policy.

7. If the Company makes an overpayment to you to which you are not entitled, or is more than that to which you are entitled, you agree to allow the Company to recover the overpayment by deductions from your salary or other payments due to you. Any deductions will normally be made over the same period that the overpayment was made. It is in your interests to regularly check your pay slips.

8. In addition to your salary you will receive the following allowance: «Type of allowance» of £XXX per annum.

9. You will be paid «weekly / fortnightly / monthly» on «description of pay date – e.g. last working day of the month» in arrears to a bank account of your choice.

10. The Company leave year runs from the 1st of April to the 31st of March. You are entitled to «number of leave days – needs to be a minimum of 28 days for someone working a 5 day week and pro rata for part-timers» inclusive of statutory / local holidays as agreed annually by the Company. Arrangements for payment of holiday pay are as follows……….

11. You are obliged to give the Company «Notice» weeks notice to terminate your contract of employment. The Company is obliged to give you the statutory minimum amount of notice before terminating your contract.

12. This post is subject to the completion of a 6 month probationary period. At the end of this period if your performance is of a satisfactory standard your appointment will be made permanent. During this period, one weeks notice may be given by either party to terminate this contract.

13. You will automatically be enrolled in the Company Pension Scheme (details are available from the HR Department / Head Office), however you may also choose to opt out of this. Should you opt to take out a Personal Pension Plan then this is a private matter between yourself and the financial institution concerned, and does not involve the Company in any way.

14. You are expected to comply with the Company dress code, your line manager will explain the details of this, and provide you with any relevant company policy on this.

15. Should the need for disciplinary action be deemed necessary, this will be taken in accordance with the Company Policy and Procedure on Disciplinary Action. You have a right of appeal against this as outlined in the Procedure.

16. If you have a grievance in relation to your employment, then you should follow the procedure outlined in the Company Grievance Policy and Procedure. You should initially discuss any grievance with your immediate superior.

17. You are required to report any sickness absence as soon as is practicably possible to your immediate superior, and provide certification of sickness in line with Company policy.

18. Smoking in Company premises is prohibited (except in those external areas specifically designated for that purpose). Breach of this regulation may result in disciplinary action being taken.

19. In the course of your employment you may have access to confidential material both in paper and electronic form. On no account should this information be divulged to any unauthorised person. Breaches of confidentiality will be dealt with through the Company Policy and Procedure on Disciplinary Action.

20. The Company has a strict anti-bribery and corruption policy in line with the Bribery Act (2010). If you bribe (or attempt to bribe) another person, intending either to obtain or retain business for the company, or to obtain or retain an advantage in the conduct of the company’s business this will be considered gross misconduct. Similarly accepting or allowing another person to accept a bribe will be considered gross misconduct. In these circumstances you will be subject to formal investigation under the Company’s disciplinary procedures, and disciplinary action up to and including dismissal may be applied.

21. It is a condition of your employment that the Company is satisfied on your medical fitness to carry out your duties. This appointment is conditional on a satisfactory Occupational Health Service / Company Doctor assessment. Should it be deemed necessary during the course of your employment, you may be required to attend for a medical examination from the Company Doctor / Occupational Health Service.

22. Your employment with the Company may be dependant upon the possession of particular qualifications or registration with a statutory Body or other Authority; evidence of this must be produced on request. Failure to produce such evidence may lead to the termination of your employment.

23. Access to all Handbooks, policies and procedures etc. is available through your line manager or the HR Department / Company Head Office, and copies can be provided on request.

If you are in agreement with the above terms and conditions please sign both copies of this statement, retain one and return the other to me.

Yours sincerely,

XXXXX XXXXXX
Designation
For

FORM OF ACCEPTANCE: I accept this appointment on the terms and conditions stated above, and agree to the following:

Restrictive Covenant
On leaving the company, I agree not to undertake provision of the same services / products as supplied by the Company either from my own business, or the employment of a competitor to the Company, for a period of two years, unless this is specifically agreed by the Company. The Company will only enforce that which is reasonable to protect it’s business.

SIGNATURE______________________________________

DATE_______________________

Document 4

BUSINESS LETTER SCENARIO

You are Julia (or Julian) Brown and you live at 3 Forest View, Marchtown , West Riding, MA4 6GL. Two months ago, you purchased a washing machine – Superwasher Deluxe: model no 437 from GreenLake Stores situated at 67, High Street, Marchtown MA39 7HL under an interest free credit arrangement. The total price paid was £550. You paid £50 deposit and the remainder was to be paid in monthly instalments by direct debit from your bank account. The Invoice Number was GLS 39780

The machine was fine on the first two occasions that you used it but on the third occasion the door opened whilst the machine was in use and flooded the kitchen, ruining the carpet. You phoned GreenLake Stores to complain and spoke to a Mr Peter Hail, the department manager. He sent a repair man (Tom Williams) who said the door catch was faulty and Tom replaced the catch. However, the next time you used the machine, the door opened again. Luckily you were in the kitchen at the time and were able to prevent much water escaping. You telephoned Mr Hail again and said you wanted your money returned or a new machine. He offered to send the repair man again but you said that wasn’t good enough. Mr Hail then told you he would have to speak to his boss (he did not say who his boss was) and would get back to you, but he never did. Over the following two weeks you phoned the store but on each occasion the sales staff fobbed you off and you have not been able to speak to Mr Hail again. Finally, in desperation, you contacted your bank and cancelled the direct debit.

Write a formal business letter to GreenLake Stores explaining that you have now cancelled the direct debit and give your reasons in the letter for doing this. Explain in your letter that you feel very aggrieved about the whole affair. You want nothing more to do with GreenLake Stores. You want to return the washing machine but you also want your money back and compensation for the ruined carpet (estimated value £110).

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