CHRISTMAS CASUAL WORKER : TERMS OF ENGAGEMENT

Transcription

1 CHRISTMAS CASUAL WORKER : TERMS OF ENGAGEMENT 1. Casual Worker Contract Royal Mail Group Limited ("Royal Mail") experiences an annual increase in demand during the months leading up to Christmas but cannot always predict the exact staffing levels it will require on a day-to-day basis. Royal Mail therefore requires casual workers and this Casual Worker Contract sets out particulars of the casual work relationship between you and Royal Mail during any period of engagement undertaken by you with Royal Mail. 2. Status of this agreement This Casual Worker Contract governs your engagement from time to time by Royal Mail as a casual worker. This is not an employment contract and does not confer any employment rights on you. In particular, it does not create any obligation on you to perform work for Royal Mail nor on Royal Mail to provide work to you. By entering into this Casual Worker Contract you confirm your understanding that Royal Mail makes no promise or guarantee of a minimum level of work to you and that it is the intention of both yourself and Royal Mail that there will at no time be any mutuality of obligation between the parties. 3. No presumption of continuity 3.1 Each offer of work by Royal Mail which you accept shall be treated as an entirely separate and severable engagement. The terms of this Casual Worker Contract shall apply to each engagement but there shall be no relationship between the parties after the end of one engagement and before the start of any subsequent engagement. 3.2 The fact that Royal Mail has offered you an engagement (or work during an engagement), or offers you an engagement (or work during an engagement) more than once, shall not confer any legal rights on you and, in particular, should not be regarded as establishing an entitlement to regular work or conferring employment status or continuity of employment. 4. Commencement Date and Term This statement must be read in conjunction with a document entitled Christmas Casual 2015 Offer Letter ( your offer letter ), which will indicate the anticipated commencement of any period of work undertaken on behalf of Royal

2 Mail. Unless terminated earlier in accordance with its terms, this Casual Worker Contract will run for a period of 12 weeks from its commencement at which time it will terminate automatically without the need for notice. For the avoidance of doubt please note that any period of engagement as a casual worker under this Casual Worker Contract will not exceed 12 weeks. Any statement to the contrary in any letter offering you engagement as a casual worker or otherwise, is void. 5. Termination 5.1 The period of any engagement (and/or this Casual Worker Contract) may be terminated at any time by either party giving no less than 1 day's notice. 5.2 If you no longer wish to be considered for casual work by Royal Mail and wish for your name to be removed from Royal Mail s staff bank of casual workers, you should withdraw your application by logging back onto selecting my applications and changing your status to withdrawn. 5.3 Royal Mail may terminate this Casual Worker Contract immediately by giving notice in writing to you if it reasonably considers that you have committed any breach of its terms, committed any act of misconduct, or failed to meet the required standards of performance. 6. Pay 6.1 The hourly rate of pay for any period of engagement is specified in your offer letter. This rate will apply for each hour worked and you will only be paid for hours worked. You will not be paid for meal reliefs. Payment will be made only by BACS transfer into your Bank or Building Society account and will be weekly in arrears. 6.2 Royal Mail shall make all necessary deductions from your salary as required by law (including any pension contributions which may be required to be deducted) and shall be entitled to deduct from your pay or other payments due to you any money which you owe Royal Mail at any time. 7. Work Notwithstanding anything stated in your offer letter, it is entirely at Royal Mail s discretion whether to offer you work and it is under no obligation to provide work to you at any time. Royal Mail may offer you work from time to time in the job title set out in your offer letter but these hours of work are not fixed and are likely to increase or decrease depending on Royal Mail s demand for work at a particular time. Therefore, there may be days on which you are offered longer hours and there may be days on which Royal Mail has no work for you to do. You are under no obligation to accept any work offered by Royal Mail at any time but if you accept an engagement, you must inform Royal Mail immediately if you will be unable to complete it or will

3 be unable to attend work on any day for any reason and you will not be paid in respect of any period when you do not work. If you accept an engagement and fail to attend work on three occasions, Royal Mail reserves the right, at its absolute discretion, not to offer you further work and/or to remove your name from its staff bank of casual workers. The precise description and nature of your work may be varied with each engagement and you may be required to carry out other duties as necessary to meet business needs. You will be informed of the requirements at the start of each engagement. 8. Location and Mobility Your initial place of work during any engagement will be shown in your offer letter. However, the needs of Royal Mail require mobility. During any period of engagement therefore, you may be required to work elsewhere other than at your initial place of work. You will not be required to work outside the UK in the course of your duties. 9. Holidays 9.1 Your holiday entitlement will depend on the number of hours that you actually work and will be pro-rated on the basis of a full time entitlement of 28 days per holiday year, inclusive of Public, Bank and Royal Mail Holidays. Royal Mail s holiday year runs from 1 April to 31 March. However, due to volumes of work over the Christmas period you will not be entitled to take any annual leave during the period of any engagement. Instead, you will be paid in lieu of accrued annual leave following the end of any period of engagement. Further detail on this may be set out in your offer letter. 9.2 If any assignment or this Casual Worker Contract is terminated summarily or if you leave Royal Mail without giving notice in accordance with this Casual Worker Contract you will receive a payment in lieu of any outstanding statutory entitlement you hold in accordance with Regulation 14 of the Working Time Regulations 1998 but you will not be entitled to any payment in respect of any additional holiday entitlement you may have accrued. 10. Hours of Work 10.1 Your hours of work will be determined by the needs of the business and will be assessed on a day to-day basis You will be entitled to an unpaid break of one hour where your assignment requires you to work more than six hours in one day. 11. Sickness Absence

4 If during your period of engagement you have accepted an offer of work but are subsequently unable to work the hours agreed because you are absent through sickness or injury you must notify Royal Mail as soon as possible that you are unable to work, and of the likely duration of your absence. Ideally this should be before the start of duty, and must be no later than the first day of absence. All absences must be covered by the appropriate certification. You are not entitled to Royal Mail s sick pay for such periods of absence but, if you satisfy the qualifying conditions laid down by law, you will be entitled to claim Statutory Sick Pay (SSP). 12. Rules, etc. You will be subject to the rules, notices, instructions and other directions issued from time to time in regard to your period of engagement. 13. Pension 13.1 You may be eligible to join the Royal Mail Defined Contribution Pension Plan ( the Plan ). Your eligibility to join, and your entitlement to benefits under the Plan, will be governed by the Plan s Trust Deed & Rules as in force and amended from time to time If you are eligible, you may elect to join the Plan if you wish. However, because a refund of your contributions is the only option for service of less than 3 months, you would not earn any pension benefits during any engagement under this Casual Worker Contract for your period of Plan membership. As Royal Mail Group operates a 3 month waiting period for automatic enrolment into the Plan, you will not be automatically enrolled as a member of the Plan under this Casual Worker Contract. More information about the Plan is available from your Line Manager. 14. Code of Business Standards During any period of engagement you will be expected to comply with the standards of behaviour set out in Our Code: Code of Business Standards (a copy of which can be accessed via the Policy and Information Site or by contacting your Manager) save that the part of Our Code: Code of Business Standards which prevents you from working for a competitor of Royal Mail Group does not apply to you. For the avoidance of doubt, the remainder of Our Code: Code of Business Standards (including the rest of the Conflicts of Interest section) continues to apply. Our Code: Code of Business Standards does not form part of your Casual Worker Contract and may be amended/replaced from time to time. 15. Equality and Fairness, Stop Bullying and Harassment and Speak Up (Whistleblowing) Policies

5 15.1 Royal Mail is firmly committed to providing and promoting equality of opportunity. To achieve this we will strive to create an environment in which there is respect for every individual and recognition of their aspirations, regardless of their race, colour, creed, ethnic or national origins, religion or belief, gender, marital or family status, sexuality, disability or age. It is the responsibility of us all to make this happen You should familiarise yourself with the following Royal Mail policies: the Speak Up (whistleblowing) Policy, the Stop Bullying and Harassment Policy and the Equality and Fairness Policy. These policies do not form part of this Casual Worker Contract and they may, along with any other policies and procedures of Royal Mail from time to time, be cancelled, amended and/or replaced without notice at any time at the sole discretion of Royal Mail. These documents are available on the Policy and Information Site (or via your Manager or HR Services). In the event of any inconsistency between the policies on the Policy and Information Site and this Casual Worker Contract, this Casual Worker Contract will prevail. 16. Health and Safety You will be required to comply with the rules made to prevent physical injury to yourself or to others arising out of your actions or omissions in the course of your engagement. The Health and Safety at Work etc. Act 1974 imposes a statutory duty on Royal Mail and you to take reasonable care for the health and safety of yourself and other persons (including members of the public) who may be affected by acts or omission at work. It also obliges you to co-operate as necessary in any steps that Royal Mail must take to discharge its responsibilities under the Act. It is an offence intentionally or recklessly to interfere with or misuse anything that Royal Mail is required to provide under the Act in the interests of health, safety or welfare. 17. Royal Mail Property/Confidentiality All property and confidential information provided to you in the course of any engagement remains the property of Royal Mail at all times and is to be handed back to Royal Mail on request or in any event on termination of any engagement. You shall neither during any engagement with Royal Mail nor after any period of engagement ceases, disclose to any other persons, firm or company, or publish or broadcast or use for your own benefit or the benefit of a third party, any confidential information relating in any way to the activities, operations or business methods of Royal Mail or its clients or customers or other business contacts, except as previously authorised in writing by Royal Mail. The restriction in this clause does not prevent you from making a protected disclosure within the meaning of section 43A of the Employment Rights Act Changes to Casual Worker Contract Royal Mail reserves the right to change the terms of this Casual Worker Contract and/or the terms on which it offers casual work on giving you reasonable notice in writing, either individually to you or by publication on the Policy and Information Site. You should therefore ensure that you read any official communications when issued. In the event of

6 any material changes to the terms on which it is prepared to engage casual workers Royal Mail may at its discretion elect instead to terminate this Casual Worker Contract by giving notice in writing to you and you may, at Royal Mail s absolute discretion, be offered a new contract for casual work. For the avoidance of doubt, if Royal Mail decides to terminate this Casual Worker Contract you will not be entitled to any further payments from Royal Mail other than any outstanding pay and holiday pay. 19. Deductions You agree that Royal Mail may at any time deduct from your pay or other payments or other benefits payable to you, any sum including any overpayment of your pay or any other sum which in the reasonable opinion of Royal Mail is owing by you to Royal Mail, whether by default on your part or otherwise, at the time of such deduction is made. 20. Medical Examination Royal Mail reserves the right to require you to have a medical examination with a medical practitioner and/or a consultant appointed by Royal Mail at any time during any period of engagement with it. Your rights in relation to any such request are governed by the Access to Medical Reports Act Criminal Convictions You are required to advise your manager immediately where you have been charged or summonsed to appear before a Court in criminal proceedings (except for a road traffic offence in a private vehicle) or where you have been convicted of any criminal offences(s). If you are convicted of a road traffic offence in a private vehicle off duty and the penalty is imprisonment (either immediate or suspended) or a driving disqualification, that fact must be reported to your Manager as soon as possible. 22. Data Protection 22.1 Royal Mail, its advisers and sub-contractors will need to process certain data about you ( Data ) in connection with your engagement for administration and management purposes. Data will be processed in accordance with the Data Protection Act Data may include sensitive data (as defined) Royal Mail may need to monitor or record your communications for training and evidential purposes. These communications include electronic communications such as and telephone calls Royal Mail may need to transfer Data to countries which do not provide the same level of data protection as the United Kingdom. If Royal Mail does make a transfer of Data to countries which do not have the same level of data protection as the United Kingdom, it will ensure that reasonable measures are put in place in order that your Data is protected, in accordance with the Data Protection Act 1998.

7 22.4 By signing this Casual Worker Contract you confirm that: you agree to the holding and processing of this data as defined by the Data Protection Act you agree to the monitoring and recording of communications in accordance with the Data Protection Act you consent to Royal Mail transferring Data to other countries which do not provide the same level of data protection as the United Kingdom where such a transfer is reasonably necessary and reasonable measures are taken by Royal Mail to protect you Notwithstanding the above, both parties agree to comply with the provisions and obligations imposed by the Data Protection Act Compliance with Immigration Legislation It is a condition of any period of engagement by Royal Mail that you have the legal right to work in the UK when you commence the period of engagement and you hereby confirm that you have that right without the need for any additional immigration approvals. You must comply with Immigration Legislation from time to time in force and agree to notify Royal Mail immediately if you cease to be so entitled at any time. 24. Security/Counter Terrorist Checks 24.1 Royal Mail reserves the right to require you to undergo Security and/or Counter Terrorist Checks either at the beginning of any engagement or during the course of any engagement. For the avoidance of doubt the obligation set out in this clause includes (but is not limited to) Royal Mail's right to require certain casual workers to submit to periodic police checks during their engagement. information and assistance as is necessary to implement such checks. You agree to provide such 24.2 If you refuse to undergo or co-operate with Security and/or Counter Terrorist Checks, Royal Mail may remove your name from its bank staff of casual workers Further, you acknowledge that it is a condition of your engagement that you obtain Security and/or Counter Terrorist Clearance If; (1) you are engaged before Royal Mail has received the results of such checks; and/or

8 (2)Royal Mail requests you to undergo such checks during the course of an engagement and the results of such checks are not to the satisfaction of Royal Mail, Royal Mail may amend your duties of engagement to ensure that you are not undertaking any tasks which require such clearances or we may not provide you with any work in your engagement or in some circumstances we may terminate your engagement and/or this Casual Worker Contract summarily or with the minimum notice required by clause 5 or payment in lieu thereof at our absolute discretion As part of Royal Mail s standard security measures, Royal Mail requires that as a condition of any engagement either at the beginning of the engagement and/or during the course of your engagement you have your photograph taken by or on behalf of Royal Mail for the purpose of Royal Mail producing an upto-date photo identification card (the ID Card ). By signing this agreement you agree to your photograph being taken to allow the production of an ID Card. You are required to carry and display the ID Card at all times. At the end of any engagement you will be required to return the ID Card to your line manager. The ID Card will remain the property of Royal Mail at all times If you refuse to have your photograph taken for this purpose or if you fail to carry and display the ID Card at all times this may result in the termination of your engagement and/or this Casual Worker Contract Royal Mail takes its role in protecting the integrity of the mail seriously. Whilst on engagement with Royal Mail you may be subject to Personal Security Checks whilst at any site used by Royal Mail If you are asked to take part in a check you will be advised why the check is being made Personal Security Checks may involve opening holdalls, bags, cases, car boots, glove compartments, lockers and desks. You must be present when any of the above checks are being carried out. Personal Security Checks will not involve any physical contact of the individual, frisking or body searches Should the electronic metal detector (WAND) be used and indicate that you have a metal object on your person, that cannot be seen, you will be asked to demonstrate or prove that the object is not Royal Mail or customer property Personal Security Checks may be conducted as and when deemed necessary and can take place anywhere on or adjacent to the site where you are working, which may include external areas such as smoking areas or car parking areas Personal Security Checks may take place when you enter or leave the premises or at any time during your duty or as your duty ends.

9 24.13 It is important to note that the need to carry out a Personal Security Check does not imply any suspicion on the individual worker Security checks will only be carried out with the consent of the person concerned and every individual will have the right to refuse. In such circumstances the matter shall be dealt with via your Manager. 25. Working Time 25.1 Please choose from the paragraphs below. Delete the one which you do not wish to apply. * I hereby consent to work in excess of 48 hours on average per week during any period of engagement under this Casual Worker Contract with Royal Mail. I can confirm this consent will continue until I provide seven days notice to Royal Mail of the withdrawal of my consent. * I do not consent to working in excess of 48 hours on average during any period of engagement with Royal Mail and I agree to keep Royal Mail informed of the hours that I work for any third parties Under the Working Time Regulations 1998, Royal Mail needs to ensure that you do not work more than an average of 48 hours per week (unless you have opted out in clause 25.1 above) and ensue you have adequate rest breaks. This limit on your working hours, and the timing of your rest breaks, takes into account any time spent working for other employers. Therefore, please notify [NAME] in writing if you work for another employer and provide details of the number and timings of all hours worked each week for that employer. 26. Collective Agreements There are no collective agreements which directly affect the terms of this Casual Worker Contract or any engagements with Royal Mail. 27. Duties and Responsibilities 27.1 During any engagement, you will perform all acts, duties and obligations, and comply with such rules, instructions and other directions, policies and procedures as may from time to time relate to the engagement and be required or be made by Royal Mail. For the avoidance of doubt, in the event of any conflict of interest, the interests of Royal Mail shall prevail over those of your unit or department During any engagement that you have accepted, you shall:

10 unless prevented by ill-health or other unavoidable cause devote the whole of your agreed working time for that assignment, attention and abilities to carry out your duties hereunder carry out your duties in a proper and efficient manner to the best of your ability and use your utmost endeavours to promote and maintain the interests and reputation of Royal Mail and the Royal Mail Companies provide such explanations, information and assistance as to your activities relating to the business of Royal Mail and the Royal Mail Companies as may from time to time be required from you by Royal Mail and/or the Royal Mail Companies; and refrain from doing or permitting any matter which causes any regulatory authority in the UK or elsewhere to withdraw permission or in any way prevent Royal Mail from using your services and refrain from doing or permitting any matter which is contrary to the interests of Royal Mail and/or the Royal Mail Companies You must declare all outside business interests that have the potential to conflict with the commercial interests of Royal Mail or any Royal Mail Companies or which is likely to bring Royal Mail or any Royal Mail Companies into disrepute in accordance with the policies on the Policy and Information Site. Such outside business interests include but are not limited to any outside employment, directorships or material shareholding 27.4 Breach of any of the provisions in Clauses 27.1, 27.2 and/or 27.3 may lead to termination of an engagement and/or this Casual Worker Contract For the avoidance of doubt, nothing in this clause 27 prevents you from working elsewhere, whether or not for a competitor of any Royal Mail Companies. 28. Non-Disclosure Statement Official Secrets Act and Confidential Information 28.1 You hereby confirm that your attention has been drawn to: The provisions of the Official Secrets Act 1989 (the Act ) and that under that Act it is a criminal offence for a Government Contractor (which means any person or body who is employed in the provision of goods or services for the Crown) including any worker of a Government Contractor, to: disclose unlawfully any information obtained as a result of such work without authorisation, and

11 fail to safeguard or improperly retain or provide access to documents or articles containing information which it would be an offence under the Act to disclose The fact that you must not disclose to any other person, firm or company, or publish or broadcast or use for your own benefit any confidential and/or commercial information relating in any way to the activities, operations or business methods of the Royal Mail Group, or information obtained whilst engaged in Royal Mail Group s Business except as previously authorised in writing by the Royal Mail Group. Any unauthorised disclosure may amount to a criminal offence You hereby confirm that you are fully aware that serious consequences may follow any breach of these provisions You hereby confirm that you understand that the provisions of the Official Secrets Act 1989 and requirements regarding confidential and/or commercial information may apply to you after your appointment has ceased. You hereby declare to surrender any document made or acquired by you owing to your official position, save such as you have Royal Mail s written authority to retain. 29. Totality of terms This Casual Worker Contract, together with your offer letter, is intended to fully reflect the intentions and expectations of both parties as to our future dealings and in the event of any dispute regarding your engagement as a casual worker by Royal Mail it shall be regarded as a true, accurate and exhaustive record of the terms on which we have agreed to enter into a casual work relationship. Any variation to this Casual Worker Contract will only be valid where it is recorded in writing and signed by both parties. You confirm that you have read and understood the contents of this document. In the event of any inconsistency between the terms of this Casual Worker Contract and the terms of your offer letter, the terms of this Casual Worker Contract will prevail. 30. Governing Law This Casual Worker Contract will be governed by the laws of England and Wales. In signing this Casual Worker Contract you confirm that you understand that the provisions of the Official Secrets Act 1989 and requirements regarding confidential and/or commercial information may apply to you after any engagement has ceased, and you undertake to surrender any document made or acquired by you owing to your official position, save such as you have Royal Mail Group s written authority to retain.

12 Declaration and Acceptance I hereby acknowledge that I have read, understood and agree to this Casual Worker Contract with Royal Mail. I accept that I am fully bound by the terms of this Casual Worker Contract both during any period of engagement with Royal Mail and (where appropriate) after such period has concluded. Name of casual worker (Print): Name of casual worker (signature): Date: