CONTRACT OF EMPLOYMENTTHIS AGREEMENT is made on the 2/11/08 between Haymarket Media Limited, whose registered office is at 174 Hammersmith Road, London, W6 7JP (“the Company”) and [name of employee] of [insert address] (“you”).WE AGREE as follows:1 Job title1.1 The Company shall employ you from 1/1/09 to 30/6/09 for a six month period, in the role of Video Journalist at the Company’s offices at Teddington Studios. No previous employment will count as continuous with your employment under this Agreement. 1.2 You warrant that you are not bound by any obligations that restrict you from starting employment or from carrying out any of your duties under this Agreement.1.3 In addition to the duties which this job normally entails you may from time to time be required to undertake additional or other duties as necessary to meet the needs of the Company.
2 Probationary period2.1 The first month of your employment with the Company will be a probationary period, during which:(a) either you or the Company may terminate your employment by giving to the other not less than one week's notice in writing (which may expire after the end of the probationary period); and(b) you will not be entitled to take any holiday (except public holidays or the holiday entitlement which has accrued to you, if greater); and(c) you will not be eligible to join the Company’s life assurance, private medical or pension scheme; and(d) the Company may extend the duration of your probationary period by giving you notice in writing before the expiry of the original period. If this happens, the Company will tell you the date when your extended probationary period will end.
3 RemunerationThe Company shall pay you the gross basic salary of £10,000 (less PAYE deductions) (“Gross Basic Salary”) in total during the duration of this Agreement, payable by equal monthly instalments of £1,666.66 (less PAYE deductions) in arrears by the last day of each calendar month, subject to clause 8 below.
4 Hours of employment4.1 Your normal hours of employment shall be from 9.30am to 5.30pm from Monday to Friday during which one hour may be taken for lunch.4.2 You may be required to work hours outside your normal working hours to enable us to deliver on our promises to clients or to meet the needs of the business in some way. The Company doesn’t pay for overtime or offer time in lieu except in exceptional circumstances.4.3 You agree that you may work for more than an average of 48 hours a week unless you notify the Employer in writing at the time of signing this Agreement that you do not wish to do so. If you change your mind about the agreement to work for more than an average of 48 hours a week, you must give the Company three months’ notice in writing.
5 Holidays5.1 You are entitled to a total of 12 working days as holidays during this contract period inclusive of any normal public holidays. You get paid at your normal remuneration on these holiday days. 5.2 Holidays must be taken in accordance with the Company’s holiday policy and sufficient notice of intention to take holiday, as listed in the guidelines, must be given. No more than 10 days’ holiday may be taken at any one time unless the Managing Director gives permission.5.3 Any holiday entitlement left over at the end of the holiday year cannot be carried over into the next holiday year. Nor will you receive any payment in lieu of that holiday. 5.4 At the end of your employment, you will be entitled to payment in lieu of holidays accrued but not taken in that holiday year.5.5 A week’s holiday pay for the purpose of this clause is calculated in accordance with the Working Time Regulations 1998.
6 Sickness6.1 Should you have to take time off because of sickness or injury, you must make sure that someone notifies the Company as soon as possible on the morning of your sickness/injury explaining the reason for your absence, at the latest by 10.00 am.6.2 If you are off work due to sickness or injury for up to 7 days, you are not required to produce a medical certificate unless specifically requested to by a Director, but we would ask you to complete the Company’s self-certification form on your return to work.6.3 If you are off work due to sickness or injury for more than 7 calendar days you must on the eighth calendar day of absence provide the Company with a medical certificate stating the reason for your absence and continue to provide a medical certificate each week to cover any subsequent period of absence. The Company may at its expense and at any time require you to produce to the Company a medical certificate or report from your GP and/or undergo a medical examination or test by a medical practioner appointed by the Company so that the Company can receive medical advice about you. 6.4 You must not refuse, fail to attend or arrange appointments or refuse your consent to the disclosure of any report or test results.6.5 You will be paid your normal basic remuneration (less the amount of any statutory sick pay or social security sickness benefit to which you may be entitled) for 3 working days in total in any one sick pay year which runs from 1st of January to 31st of December. The Company may pay your normal remuneration for such further period or periods of absence from work at the Company’s absolute discretion. Your entitlement to payment is subject to you bringing in the relevant medical certificates as set out in clauses 5.1 to 5.3 above. 6.6 The Company operates the statutory sick pay scheme and you are required to help the Company maintain the necessary records. For the purposes of calculating your entitlement to statutory sick pay ‘qualifying days’ are those days on which you are normally required to work i.e.: Monday to Friday. Payments made to you by the Company under sick pay provisions in satisfaction of any other contractual entitlement will go towards discharging the Company’s liability to make payment to you under the statutory sick pay scheme.
7 PensionAfter 1 month of working at the Company, you are entitled to join the Haymarket Group Personal Pension Plan, details of which are set out in the booklet entitled Haymarket Group Personal Pension Plan, a copy of which will be given to you subject always to the scheme’s trust deed and rules.
8 Termination of employment8.1 Unless terminated earlier your employment will terminate on 30/6/098.2 Your employment may be terminated by you or us on one week’s notice in writing during the first month of employment and two weeks’ notice in writing thereafter. 8.3 If the Company exercises it right to terminate your contract early prior to 30/06/09, the Company may (at its absolute discretion) choose to terminate your employment immediately and pay a sum equivalent to 50% of the remainder of your Gross Basic Salary (less appropriate PAYE deductions) in respect of the remaining part of your six months fixed term. You will not be entitled to any payment in lieu of each or any other contractual benefits.8.4 Your employment will terminate automatically at the end of the month in which you reach the age of 65, which is the Company’s normal retirement age.
9 Duty of ConfidentialityYou will not at any time during your employment (except when it is necessary and proper in the course of doing your job) or at any time after your employment has been terminated disclose to any person any confidential information as to the practice, business dealings or affairs of the Company or its customers or clients or as to any other matters which may come to your knowledge by reason of your employment.
10 Non-solicitation10.1 You covenant that you will not for the period of twelve weeks immediately following the termination of your employment under this agreement without the prior written consent of the Managing Director of the Company, on your own behalf or on behalf of any person firm or company directly or indirectly:(a) seek to procure orders from or do business with any person firm or company who has at any time during the twenty four weeks immediately preceding such termination done business with or been a customer or client of the Company and with whom you have had dealings or(b) endeavour to entice away from the Company any employee who has at any time during the twenty four weeks immediately preceding such termination been employed or engaged by the Company and with whom you have worked at any time during the twenty four weeks immediately preceding terminationPROVIDED that nothing in this clause shall prohibit the seeking or procuring of orders or the doing of business not relating or similar to the business or businesses of the Company.
11 Non-competitionYou covenant that you will not for the period of three months immediately following the termination of your employment under this Agreement without the prior written consent of a Director of the Company (such consent not to be unreasonably withheld) either alone or jointly with or as manager agent consultant or employee of any person firm or company directly or indirectly carry on or be engaged in any activity or business which shall be in competition with the business of the Company with which you were involved during your employment with the Company.
12 Copyright12.1 You acknowledge and agree that any work created or developed by you (whether alone or jointly) during your employment by the Company will belong to the Company if it: (a) is capable of exploitation by the Company in the normal course of its business; or (b) is so created or developed during the course of or in connection with your employment by the Company. 12.2 If at any time during your employment you (whether alone or with any other person) in the course of the duties of your employment or other duties specifically assigned to you originate any design (whether registrable or not) or other work in which copyright, design rights and other intellectual property rights may subsist you shall promptly disclose it to the Company and to the extent that they do not vest automatically, at the request and expense of the Company you will do all things necessary or desirable to substantiate these rights of the Company in relation to such design or other work and to assist the Company in protecting or maintaining them.12.3 If at any time during your employment you originate any design or other work other than in the course of the duties of your employment or duties specifically assigned to you, you shall immediately notify the Company who shall have the right to acquire the copyright, design rights and/or other intellectual property rights in the design or other work for itself or its nominee within twelve weeks after notification on fair and reasonable terms to be agreed or settled by a single arbitrator.12.4 If any moral right under the Copyright Designs and Patents Act 1988 arises in respect of any work created or developed by you (whether alone or jointly) in the course of or in connection with your employment you will: (a) waive such rights as against the Company and its employees; and(b) exercise such rights against any third party only as the Company requests and in accordance with the Company’s directions.
13 Particulars of employmentThe schedule to this agreement sets out such of the particulars of your employment with the Company in accordance with the requirements of the Employment Rights Act 1996.
14 Interpretation 14.1 In this agreement:(a) any reference to a statutory provision shall be deemed to include a reference to any statutory modification or re-enactment of it(b) the clause headings do not form part of this agreement and shall not be taken into account in its construction or interpretation(c) references in this agreement to any clause sub-clause schedule or paragraph without further designation shall be construed as references to the clause sub-clause schedule or paragraph of this agreement so numbered.14.2 When we say you we mean you, the employee and when we say us, we mean the Company as your employer.
14.3 SCHEDULE1 Commencement of continuous employmentYour period of continuous employment began on [date] 200.2 Collective agreementsThere are no collective agreements which directly affect the terms and conditions of your employment. 3 Hours of workAs set out above.4 Required informationThe following information is supplied pursuant to the Employment Rights Act 1996 and reflects the Company’s current practice:4.1 Disciplinary rules and procedure: available for inspection at the Company’s offices4.2 Grievance procedure: available for inspection at the Company’s offices.4.3 Appeals procedure: available for inspection at the Company’s offices.4.4 A contracting-out certificate is not in force in respect of this employment.