Principal Statement of Employment Particulars

Transcription

1 Principal Statement of Employment Particulars Name Address This statement, and other documents referred to in it, set out the principal terms of your employment by The Ombudsman Service Limited ( TOSL ). It is issued to you in accdance with the Employment Rights Act 1996 and fms part of your contract of employment. The Employee Handbook is on the TOSL intranet and may be consulted f greater detail than can be included in this document. 1. Commencement of Employment Your employment with TOSL began on These revised terms are issued with effect from Continuous Service Your period of continuous employment with TOSL will be the same as your start date and no previous employment with any other ganisation will be counted towards this continuous service. 1.2 Job Title Ombudsman. The responsibilities and powers of the ombudsman are set out in the Terms of Reference and Articles of Association of the Service, which were fmally agreed by the Council in August The relevant section of the Terms of Reference and Articles of Association may be altered from time to time and the Ombudsman will be consulted on any such changes. 2. Probation & Perfmance The Ombudsman s exercise of her powers and responsibilities will be appraised annually by the Chairman after consultation with the Council. 3. Remuneration Your salary will be paid at the rate of per annum, payable on the last wking day of each month. If you leave TOSL towards the end of a month, after payroll has been processed, you will owe TOSL any overpayment of salary f the days not wked. You agree and acknowledge that TOSL may deduct, from time to time and in any event on termination of your employment, howsoever arising, from such remuneration any sum owed to it by you. By signing the attachment you authise TOSL to make any such deductions without the need f further consent at the time of making the deductions. This salary will be reviewed annually in light of the perfmance appraisal referred to at 2 and any other relevant facts. Page 1 of 7

2 4. Location Your initial place of wk will be in Wilderspool Park, Warrington. Thereafter TOSL reserves the right to transfer you to another location having received due notice (and, if necessary, you will be paid reasonable relocation expenses in respect of such transfer). Your job may also involve occasional travel f the proper perfmance of your job. 5. Hours of Wk The office is open from 8.00am until 8.00pm Monday to Friday. You are required to wk the hours necessary f the proper perfmance of your duties and in accdance with the reasonable demands of TOSL. You will not be required to wk in excess of 48 hours in any 7 day period except with your express consent. TOSL also reserves the right to alter vary your days and times of wk as required, but after reasonable notice. 6. Holiday Entitlement Your holiday year runs in annual cycles commencing from your start date. Holidays must nmally be taken by your holiday year-end. You are entitled to xx days holiday in any holiday year in addition to all public holidays that are recognised by the ganisation. TOSL recognises the following Public Holidays : New Year s Day Good Friday Easter Monday May Day Spring Bank Holiday Summer Bank Holiday Christmas Day Boxing Day Public holidays are paid on a pro-rata basis f part-time employees. Up to maximum of 5 days leave can be carried over to the next leave year. In very exceptional circumstances a maximum of 5 days leave can be cashed in, at the discretion of the Chairman. On termination of employment, the entitlement to accrued holiday pay is based on the following fmula, rounded up down to the nearest full day, less any holiday already taken: Full annual entitlement 12 months x Complete Months wked/12 Christmas TOSL closes its offices between 25 December and 1 January inclusive. This period is in addition to your annual leave entitlement and is a paid entitlement Page 2 of 7

3 7. Absence Repting Procedures, Maternity Leave and Sick Pay Details of the procedure that you must follow if you are absent from wk, f any reason, is contained in the Employee Handbook. No salary is paid f unauthised absence from wk. Provided you satisfy the conditions concerning eligibility to Statuty Sick Pay and have complied with the procedure referred to above, you will be entitled to Sick Pay f absences due to either sickness injury, (Sick Pay includes Statuty Sick Pay and TOSL s Sick Pay), as follows: - Length of Service Weeks Full Pay Weeks Half Pay Less than 3 months NIL NIL 3 months but less than 12 months 6 weeks 6 weeks 12 months but less than 3 years 13 weeks 13 weeks 3 years & over 26 weeks 26 weeks Entitlement to TOSL sick pay will be on a 12 month rolling basis, calculated from the first day of absence in the previous 12 months and will be subject to a maximum of 12 month s sick pay in any three year period. In exceptional circumstances TOSL sick pay may be extended withheld at the discretion of the Chairman. Whether not the Ombudsman is absent by reason of sickness, injury other incapacity she will, at the request of the Council, agree to have a medical exminiation eb a doct appointed and paid f by TOSL and authises the Council to have unconditional access to any rept repts (including copies) produced as a result of any examination from time to time required by the Council, and a copy of any such rept will be made available to the Ombudsman. 8. Code of Conduct, Disciplinary and Grievance Procedures These are contained in the Employee Handbook. If you are dissatisfied with any disciplinary decision made against you if you have any grievance relating to your employment with TOSL, you should in the first instance complain in writing to your immediate Line Manager detailing the complaint the grievance and requesting a meeting with that individual to discuss the matter further. Should the matter not be resolved, you should refer the matter, in writing within five wking days, to the Ombudsman. The Ombudsman s decision is final. 9. Health And Safety Under the Health and Safety at Wk Act (1974) responsibility f health and safety extends to individual members of staff, both f their own safety and that of their colleagues and visits. Any accidents near misses must be repted to the nominated Health & Safety representative f recding in the Accident the Incident Book immediately. You must familiarise yourself with TOSL's policy on health and safety, which is contained in the Employee Handbook. You must also read and ensure that you understand the Fire Procedure f your department. TOSL operates a No Smoking Policy on its premises that all employees are required to comply with. Page 3 of 7

4 10. Benefits 10.1 Pension Scheme The Ombudsman may elect to join an occupational pension scheme established by TOSL. Membership of such scheme will be subject to the rules of that scheme from time to time in effect and to any contribution rate than applicable to the Scheme. Alternatively she may elect to make other arrangements f her pension provision, with the agreement of the Chairman of the Council. TOSL will pay xx% of the Ombudsman s gross salary into whatever pension arrangement(s) she nominates Private Medical Insurance TOSL will provide private medical expenses insurance cover f the benefit of the Ombudsman and her partner Permanent Health Insurance TOSL will provide the Ombudsman with permanent health insurance providing up to 75% net income in the event that sickness injury continues after 26 weeks absence from wk. Further details are available from the HR department Life Assurance TOSL will provide you, at its discretion, with Life Assurance cover of four times your basic annual salary, subject to the rules of the insurance scheme Insurance/Pension General TOSL reserves the right to terminate its participation in any Pension insurance Scheme to substitute another scheme alter the benefits available under any such Scheme. In the event of the reduction discontinuance of any pension insurance scheme benefit referred to above, TOSL shall be under no obligation to replace the same with identical similar such benefits Healthsure Plan TOSL will provide all employees with Optical cover f spectacles, contact lenses eye tests up to the value of 100 over 24 months. TOSL will also provide dental cover to the value of 100 over a 12 month period f all employees. There is a facility to upgrade this scheme to Level 2 by paying 6 per month. Further details can be obtained from the HR Department. 11. Confidential Infmation You may not, during your employment with TOSL at any time thereafter, without further written permission of TOSL, disclose to any person outside the ganisation, to any person within the ganisation other than a person whose province it is to know the same, any infmation which is of a confidential nature disclosure of which may damage the interests of TOSL, the Council, any of it s members past present, such confidential infmation to include, but without limitation, trade secrets, methods of doing business and customer and supplier lists. On the termination of your employment, you will deliver to TOSL any documents other media relating to the business of TOSL. There may be instances where disclosure of confidential infmation is a permitted disclosure. Further details can be found in the Protected Disclosures Policy. Page 4 of 7

5 12. Outside Interests The Ombudsman will not during her employment (except with the Chairman of the Council s permission) whether alone on behalf of in association with any other person be directly indirectly engaged, concerned interested in any capacity in any other trade, business occupation other than the business of TOSL. In agreeing to this you acknowledge that it serves the purpose of protecting the legitimate business and commercial interests of TOSL and that it is not unduly severe. 13. Retirement Date Your nmal retirement date is on your birthday when you reach the age of 65. However, the Retirement Policy outlines the options available to cease wking from the age of 60. Details are available from the HR department. 14. Collective Agreements Your terms and conditions are not covered by collective agreements. 15. Termination TOSL may terminate the Ombudsman s employment summarily by notice in writing if she: Becomes bankrupt, a receiving der is made against her she makes any arrangements composition with her credits generally; 15.2 In the reasonable opinion of the Council she becomes of unsound mind; 15.3 Resigns her office by notice in writing to the Company; 15.4 Carries out any act finds herself in any position which, in the reasonable opinion of the Council, conflicts is likely to conflict with her independent status, her position as Ombudsman, the effective discharge of her powers duties, the effective operation of the Service; 15.5 Ceases to satisfy the criteria set out in Article 79 Notice Periods The Ombudsman will be required to give TOSL six month s written notice of your intention to terminate your employment and will be entitled to six month s written notice from TOSL. TOSL expressly reserves the right to terminate your employment without notice if it has grounds to believe that you have committed any material breach of these terms and conditions any gross misconduct act of gross incompetence, any such action under this paragraph being without prejudice to any other of TOSL s rights. If notice of termination of your employment is given to you TOSL may require you to perfm only such duties as it may specifically allocate to you, no duties at all and may exclude you from any premises of TOSL during any period of your notice part of it, provided that your salary and contractual benefits shall remain payable in full during this period (unless and until your employment is terminated). Whereas you will effectively be on garden leave during your notice period you will remain an employee of the Company and, as such, you will not be entitled to wk f any other ganisation whether not f remuneration. Page 5 of 7

6 16. Law and Jurisdiction TOSL will indemnify the Ombudsman (and her estate) against (i) all liabilities which she may incur as a result of claims made by third parties arising out of any act omission be her in the dinary course of her employment including (without limitation) libel and/ slander and (i) all legal and other expenses reasonable incurred by her in respect of such claims. The indemnity does not extend to claims arising from bad faith, fraud, dishonesty any criminal offence by the Ombudsman. It is a condition of the indemnity that, in relation to any claim made f which she may seek benefit of the indemnity: she will promptly notify TOSL of the claim; she will not admit liability settle any claim without the pri consent of TOSL; and TOSL will have the right, at its expense to conduct the claim (including the engagement of lawyers) and to settle the claims as it thinks fit. The indemnity is additional to any other right of indemnification which the Ombudsman may have by reason of her employment. Return of TOSL Property You are required, by the last day of your employment with TOSL, to return to your Line Manager all any TOSL property, which may be in your possession, including your documents, files, keys. You acknowledge that failure to do so could entitle TOSL to withhold part full payment of your final salary and/ any other monies payable to you to deduct an amount equivalent to the cost of such property from such monies. You will be required to sign a separate statement to this effect, on delivery of any TOSL property to you during the course of your employment. Page 6 of 7

7 17. Other Terms This statement sets out the main terms and conditions upon which you are employed. They are in accdance with and subject to the terms of: The Pension Scheme Permanent Health Insurance The Sick Pay Scheme Private Medical Insurance Code of Conduct Life Assurance Scheme All other staff related policies & procedures The documents referred to above are all contained in the Employee Handbook. Any change in the terms of your employment will be duly recded within 4 weeks of the date of the change. Authisation Signed on behalf of the ganisation: Date: Peter Holland Chairman Acceptance I acknowledge receipt of a copy of this written statement, and confirm that the terms set out in it are fully understood, crect and agreed. Signed: Date: Ombudsman Page 7 of 7