Fleetcor Contract - DP
Fleetcor Contract - DP
Dear Poornima,
Further to our recent discussions, I am pleased to offer you employment with FLEETCOR Europe Ltd.,
a FLEETCOR group company, (the "Company"), of 64-65 Vincent Square, London, SW1P 2NU . The
“Group” means the FLEETCOR group of companies and “Group Company” means any one of them.
All offers of employment made by FLEETCOR (and its subsidiary companies) are subject to the
successful completion of satisfactory pre-employment vetting, which is conducted by a third party
supplier (Experian).
The pre-employment vetting checks are carried out in accordance with FLEETCOR’S Resourcing Policy
and include (but are not limited to) eligibility to work in the UK (this evidence may be requested at
any time throughout your employment to show your ongoing right to work in the UK), employment
referencing, identity, adverse financial, criminal and sanctions list checks. These pre-employment
vetting checks are required to meet our legal and/or regulatory requirements.
The following sets out your main terms and conditions of employment in accordance with section 1
of the Employment Rights Act 1996. Additional terms, which do not form part of your contract of
employment unless specifically stated, are contained in the Employee Handbook and on the Intranet
Human Resources page. It is your responsibility to ensure that you have read and understood all
policies and procedures which affect your employment with the Company. Your line manager will be
happy to provide you with any clarification you may require. The Company reserves the right to
update this information from time to time to accommodate business and legislative changes, and you
will be notified of these.
Continuous Employment
Your employment will be regarded as being continuous from your agreed start date of 18th July 2022.
Probationary period: This role is subject to a 1 week probationary period, details of which are set out
below.
The Company reserves the right to require you to perform other duties and work in other departments
from time to time, and it is a condition of your employment that you are prepared to do this.
Remuneration
Your salary will be £35,000 per annum. This will be paid monthly by bank transfer on or before the
23rd of each month. New employees starting up to and including the 1st of the month will be included
in that month's payroll providing all contracts and documents have been completed and returned to
the HR Department before the employee has started. Employees starting later in the month will be
paid in the following month's payroll which will include any back pay due.
Your salary will be reviewed annually in March and effective in April but the Company reserves the
right to undertake a review at a different time. There is no obligation to award an increase. There will
be no review of the salary after notice has been given by either party to terminate your employment.
The Company and any Group Company has the right to deduct from your pay any sum which you owe
to the Company including, without limitation, any overpayment of pay or expenses, loans made to you
by the Company or any Group Company, any payment or reimbursement due in relation to mobile
phones or company cars, or any other item identified in this Statement and/or the Employee
Handbook as being repayable by you to the Company or any Group Company.
Location
Hybrid – office/home based:
We have agreed that you will be based in our office at Heath Farm, Hampton Lane, Meriden, CV7 7LL
on 2 days per week and your home address being on 15 Princess Street, Longbridge, Birmingham.
B312DZ 3 days per week. We will keep these arrangements under review. In the course of your duties
you may also be required to work at other locations within the UK as we may reasonably require,
including visits to our premises and to other locations as the needs of our business may require. In
particular you agree to attend the workplace for meetings as and when required by your line manager
and/or the Company.
If at any time in the future the commercial requirements change in relation to your role, we reserve
the right to not continue the hybrid working arrangement set out above, in which case your normal
place of work is anticipated to be St. James Business Park, Grimbald Crag Court, Knaresborough, HG5
8QB or, if better suited to our commercial needs, another of our offices in the UK which are open at
that time. In the event this is likely, we will consult with you in relation to these arrangements. You
are not currently required to work for more than one month outside the UK.
You confirm that, by undertaking the duties of your employment at your home address from time to
time, you will not breach any condition of insurance, restriction, covenant or agreement by which you
are bound. When working remotely, you will, so far as possible, organise yourself in a dedicated room
or workspace that is suitable for remote working and free from distractions. You must comply with
our policy and/or any requirements regarding home working during this time; failure to do so could
result in disciplinary action up to and including summary dismissal.
Hours of Work
Your hours of work will be 37.5 hours per week, normally Monday to Friday, 9.00am to 5:30pm with
an unpaid break of one hour for lunch.
For any hours over this, an overtime claim form must be completed and authorised by your manager
before payment can be made. Overtime must be agreed with your manager in advance. Overtime is
paid monthly in arrears for continuous complete half hours only in excess of the 37.5 hour working
week. Overtime is paid at the following rates:
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Full time employees - time and one half of normal hourly rate for overtime hours worked on
Monday to Friday and the first three overtime hours on a Saturday. Overtime for the fourth and
subsequent hours on Saturday will be paid at twice the normal hourly rate. Overtime worked on
Sundays and Public Holidays will be paid at twice the normal hourly rate.
Part time employees - The normal hourly rate will apply to those hours worked up to 36¼ hour
per week. Hours worked in excess of this will be paid at the full time overtime rates outlined
above.
The Working Time Regulations 1998 (“the Regulations”) set a limit on working hours of 48 hours/week
over a 7 day period averaged over 17 weeks. You can opt out of this cap by signing the Opt Out in
Schedule 1 of this agreement. You will not suffer any detriment or be treated any less favourably than
any other employee if you do not opt out, or if you withdraw your opt out on 3 months written notice.
If you do not opt out of the 48hours per week cap, you must inform us of any other work and the
hours worked elsewhere so that we can comply with our legal obligations.
Every attempt will be made to ensure your continuing employment in the event that the Company is
faced with a shortage of work or is unable to provide you with work for any other reason. This could
include temporarily placing you on short-time working or laying you off from work; in these
circumstances you will be paid for those hours worked, or in accordance with the statutory guarantee
pay provisions.
Holiday Entitlement
Full time: Your annual holiday entitlement is 247.50 hrs (33 days inclusive of statutory holidays) based
on working 37.5 hrs per week in the complete holiday year which runs from 1st January to 31st
December.
Annual Holidays cannot be carried forward from one holiday year to the next.
Holidays must be taken by prior agreement with your manager. You are not entitled to receive pay
for holidays accrued but not taken, except where your employment ends part way through a year. If,
when your employment ends, you have taken holiday in excess of your entitlement, the Company will
deduct the amount of overpaid holiday pay from any money due to you. One day’s holiday for the
purposes of this paragraph will be calculated based on your normal salary for a day’s work.
If you are absent due to sickness during a holiday period and wish to have it treated as sickness leave
rather than holiday and, if eligible, receive sick pay for that period, you will be required to comply with
the notification procedures set out in the absence policy and to also obtain a sick note from your
treating doctor in English which is dated at the relevant time (i.e. not backdated after you return from
your period of absence). You may not retrospectively comply with the notification procedures on your
return in order to qualify for any company sick pay. Provided you comply with the reporting
notifications set out above at the time of the absence, the period of absence will be treated as sickness
absence not holiday and you will be entitled to take the holiday at a different time.
Probationary Period
The employment of all starters is subject to a probationary period. Confirmation of your appointment
will be subject to satisfactory completion of your probationary period. Your probationary period is
three months from the start date of your employment unless extended (see below). During this time
you are expected to demonstrate your suitability for this position and continued employment with
the Company, and your performance will be monitored and/or reviewed on a regular basis.
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The Company reserves the right to extend your probationary period if it considers this to be
appropriate for any reason such as, but not limited to, where there has not been a satisfactory and/or
sustained improvement in the standard of your performance or conduct. You will remain on probation
until your position is confirmed in writing.
During your probationary period, you will be required to give and likewise you can expect to receive
the following periods of notice:
Statutory Sick Pay will be paid when you are absent from work due to sickness, provided that you have
complied with the requirements and conditions attached to its payment. SSP cannot be paid for the
first 3 days of sickness, therefore payment usually starts on the 4th day of absence and continues for
as long as you are absence, up to a maximum of 28 weeks in any one period of sickness.
Subject to the satisfactory completion of 12 months continuous service, the Company may, at its
absolute discretion, provide an additional benefit over and above any entitlement to Statutory Sick
Pay (SSP) for absence due to sickness.
The maximum enhanced sickness pay is 2 week’s for the first years service pro-rated according to your
fixed term contract duration. 2 week’s enhanced sickness pay is paid at a rate of 100% of your weekly
gross pay + benefits. Length of service is calculated on the day any period of absence starts.
The maximum enhanced sickness pay is 2 week’s enhanced sickness pay for each completed year of
service up to a maximum of 12 weeks in any period of one rolling year. A week’s enhanced sickness
pay is paid at a rate of 100% of your weekly gross pay + benefits. Length of service is calculated on
the day any period of absence starts.
Employee Benefits
The Company operate a group personal pension scheme and we will pay 5% of your basic salary into
a pension scheme for you, provided that you pay in 3% of your basic salary per month. The Company
is required to auto enrol you into the pension scheme, however this auto-enrolment will be deferred
until you have completed your first three months of employment with the Company, (this is known as
the ‘deferral date’). You have the right to join the pension scheme before deferral date if you wish to
do so. Full details are contained within the Pension Automatic Enrolment letter that will be issued to
you separately.
You will automatically be covered from your first day of employment by the Company’s Life Assurance
Scheme which equates to 4 times basic salary. Participation in this scheme is subject to the terms and
conditions of the insurer (as amended from time to time) and the terms of the Company’s scheme (as
amended from time to time) and the Company deciding cover can be secured for you at a reasonable
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premium rate, and your satisfying the normal underwriting requirements of the insurer. We reserve
the right to discontinue, vary or amend the scheme (including the level of your cover) at any time on
reasonable notice to you, and if the insurer refuses for any reason to provide life assurance to you,
the Company is not liable to provide you with a replacement benefit of the same or similar kind or to
pay you compensation in lieu of this benefit.
You are also invited to join the Company’s Private Medical Insurance Programme immediately but this
will be subject to the terms and conditions of the insurer (as amended from time to time) and the
terms of the Company’s scheme (as amended from time to time) and the Company deciding cover can
be secured for you at a reasonable premium rate, and your satisfying the normal underwriting
requirements of the insurer. We reserve the right to discontinue, vary or amend the scheme (including
the level of your cover) at any time on reasonable notice to you, and if the insurer refuses for any
reason to provide private medical insurance to you, the Company is not liable to provide you with a
replacement benefit of the same or similar kind or to pay you compensation in lieu of this benefit.
This is a non-contributory benefit for yourself only, however it is a taxable benefit. A provision is
available for you to include your spouse and children with cover, which you will be required to pay for
and which will be deducted from your monthly salary. Nothing in this paragraph will prevent the
Company from terminating your employment even where you are eligible for and/or receiving a
benefit under this insurance programme.
Save as set out in this Statement, you are not eligible for any other benefits. If we introduce or offer
non-contractual benefits, you will be able to find out more details about these from your line manager.
Notice Periods
Full and part time staff: During your probationary period you will be required to give the Company 1
week notice in writing and will receive 1 week Notice in writing from the Company.
After your probationary period has ended, you are required to give the Company 3 months notice in
writing to terminate your employment.
The Company will be required to give you 3 months notice in writing per year of service with a
minimum of four weeks and a maximum of twelve weeks.
The Company has the right to terminate your employment without notice or payment in lieu of notice
in the event that you commit a fundamental breach of contract. Examples of gross misconduct and/or
fundamental breaches of contract are contained in our disciplinary policy.
The Company reserves the right to require you not to carry out your duties or attend your place of
work during the period of notice (see below under “Garden Leave”). At the absolute discretion of the
Company, payment in lieu of working notice may be made which will be calculated on your basic salary
only.
Garden Leave
After notice to terminate your employment has been given by you or the Company, the Company may
for all or part of the duration of the notice period in its absolute discretion and on written notice to
you, require you to take garden leave and:
a) to perform only the duties (including without limitation research projects) as it may allocate to
you
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b) not to perform any of your duties;
c) not to have any contact with clients;
d) not to have any contact with employees or suppliers of the Company as the Company shall
determine;
e) to disclose to the Company any attempted contact with you made by any client, employee or
supplier with whom you have been required to have no contact;
f) to take any accrued holiday entitlement;
g) not to enter any premises of the Company nor to visit the premises of any of the Company
customers or suppliers;
unless otherwise specifically agreed between you and your manager provided always that for the
duration of any such notice period and subject to the other provisions of your terms and conditions
of employment, your salary and contractual benefits shall not cease to accrue or be paid.
During any period of garden leave, all the other terms and conditions of your employment and the
terms of the Employee Guide apply to you. Specifically, you shall owe a duty of the utmost good faith
to the Company, you must not work for any other person, firm, company, association or other
organisation or on your own account and shall remain readily contactable and available to work for
the Company. Should you work for any other person, firm, company, association, or other
organisation or on your own account or fail to be available for work at any time having been requested
by the Company to do so, your right to salary and contractual benefits in respect of such period of
non-availability shall be forfeited notwithstanding any other provision of the terms and conditions of
your employment.
If you are dissatisfied with any disciplinary warning or decision to dismiss, you should raise this with
the relevant Manager in accordance with the Appeal Procedure shown in the Employee Handbook.
The Appeal Procedure does not form part of your contract of employment.
If you wish to raise any grievance relating to your employment, you should do so initially with your
departmental manager in accordance with the Grievance Policy shown in the Employee Handbook.
The Grievance Policy does not form part of your contract of employment.
Other Employment
You agree that whilst employed you are required to devote the whole of your time, attention and
abilities during your hours of work to your duties with the Company and may not undertake any other
work or be or be involved with (in any capacity, whether directly or indirectly) in any person, entity or
organisation (whether paid or unpaid) during normal office hours. Furthermore by accepting this offer
of employment you warrant that you are not in breach of any court order or any express or implied
terms or any contract or other obligation binding you.
Whilst employed by the Company you may not, without the prior consent of the Company, engage or
be employed by or be involved with (in any capacity, whether directly or indirectly) in any person,
entity or organisation which is similar to or competitive with the business of the Company or any
Group Company, or which could be considered to impair your ability to act at all times in the best
interests of the Company, outside your hours of work for the Company. You agree not to take any
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steps whilst employed by us to compete or be involved with or be interested in any person, entity,
business or venture which is in or is intended to enter into competition with the Company or any of
the Group’s business activities. Any breach of this clause may result in disciplinary action up to and
including summary dismissal. If you do engage in any other engagement or employment (whether
paid or unpaid) whilst employed by the Company, you must notify the Company in writing of the name
of that entity/person, the work being performed and the hours worked elsewhere to enable the
Company to comply with its statutory obligations and to ensure that your activities are not in breach
of this contract.
Collective Agreements
There are no collective agreements affecting the terms of your employment.
2. The Company will regard any breach of confidentiality and clause 1 above as a disciplinary
offence which may result in disciplinary action up to and including summary dismissal if you
are still employed and/or civil action against you if it occurs after your employment with the
Company has terminated.
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3. During your employment you will:
a. use your best endeavours to prevent the unauthorised publication or disclosure by third
parties of any Confidential Information; and
b. not make (otherwise than for our benefit) any notes, memoranda, records, tape
recordings, computer programs, photographs, plans, drawings or any other form of record
(whether electronic or paper) relating to any matter within the scope of our business or of
that of any Group Company or concerning any of our dealings or affair or those of any
Group Company.
4. The restrictions contained in this clause (Confidential Information during and after
employment) will not apply to any Confidential Information or other information which
(otherwise than through your default) becomes available to, or within the knowledge of, the
public generally, or to information disclosed for the purpose of making a protected disclosure
within the meaning of Part IVA of the Employment Rights Act 1996, or to a relevant pay
disclosure made in compliance with section 77 of the Equality Act 2010.
Company Equipment
The Company may provide you with certain items of equipment to aid you in carrying out your working
duties. The Company will replace such equipment damaged due to normal wear and tear free of
charge. However, you will be responsible for the cost of replacement should replacement be
necessary as a result of your own negligence.
You agree that on termination of your employment you must return all such equipment to us in good
condition. If you fail either to return the equipment or the equipment is returned in an unsatisfactory
condition (as determined by us), the cost of replacement or a proportionate amount of this, as decided
by the Company at its discretion, will be deducted from any final monies owing to you, or you will
otherwise reimburse the Company.
You may be provided with equipment such as a mobile telephone by the Company for work purposes
and which you are also permitted to use for a reasonable level of private use. If your private use of
that equipment becomes, in the Company’s view, excessive, the Company reserves the right to deduct
the cost of such use from any future payment to you and/or to place limits on your usage and/or
equipment provided to you.
Further information on the use of mobile phones and computers is contained in the Employee
Handbook. We refer you specifically to email and internet policy and procedures and the Monitoring
clause below.
Intellectual Property
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You may create intellectual property or copyrighted materials whilst employed by the Company. It is
important that we protect these. You therefore agree to give us full written details of all inventions
and of all works embodying intellectual property rights made wholly or partially by you at any time
during the course of your employment. You acknowledge that all intellectual property rights subsisting
(or which may in the future subsist) in all such inventions and works shall automatically, on creation,
vest in the Company absolutely. To the extent that they do not vest automatically, you hold them on
trust for the Company. You agree promptly to execute all documents and do all acts as may, in the
opinion of the Company, be necessary to give effect to this clause. Furthermore, you hereby
irrevocably waive all moral rights under the Copyright, Designs and Patents Act 1988 (and all similar
rights in other jurisdictions) which you have or will have in any existing or future works. You indemnify
the Company in respect of all costs it may incur if you breach this obligation.
Data Protection
In the course of your employment we will hold and process information which relates to you as an
individual. This means we will be what is known as the “data controller” of the personal data you
provide to us about yourself. We will comply with the law on data protection regarding the collection,
storing and processing of your personal data, and will only do so for the purposes of an employment
relationship with you and/or for other legitimate reason or reasons. More details about the reasons
we store, transfer and/or process your personal data in the policy/data handling policy.
To help us comply with our legal obligations, we have adopted policies regarding data protection which
are in the Employee Handbook. You must read these and comply with them in carrying out your work
for us and any Group Company. If you are unclear how the policies apply or, more generally, what we
need to do to comply with the law on data protection, you should speak to your manager/HR.
There are specific principles which we need to comply with. In so far as the scope of your role allows,
you must do what you can to ensure we comply with these obligations and principles. This includes
but is not limited to you telling us of any changes to your home address and contact details as soon as
possible.
A key element of the data protection principles is to ensure that data is processed securely and
protected against unlawful or unauthorised processing or loss. The key elements you must comply
with are:
(a) Ensuring that laptops, memory sticks and other devices are encrypted;
(b) Using secure passwords, changing them regularly or when required or requested to do
so, not sharing them with unauthorised colleagues or contacts;
(c) not discussing personal data on public spaces, ensuring no one can access your computer
or work information at home, ensuring that you cover up all personal data (and
confidential information) when they are travelling etc.
This list is not exhaustive and we expect you to take all reasonable and adequate
precautions in respect of personal data you have, hold, process, store or become aware
of in the course of your employment.
(d) A data breach happens when there is destruction, loss, alteration or unauthorised
disclosure of or access to personal data which is being held, stored, transferred or
processed in any way. For example, if our server is hacked or you send an email to the
wrong person by mistake, these are both data breaches. If you discover an actual or
suspected data breach, you must notify your manager and data protection officer
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immediately and if practicable, within one hour of the breach or your discovering it. You
may be asked to provide further information about the breach and/or its circumstances.
Failure to comply with your obligations regarding personal data, may result in disciplinary action up to
and including summary dismissal.
Miscellaneous
You may be eligible to other types of paid leave (e.g. maternity/paternity/adoption/shared parental
leave). More details can be found in the Employee Handbook.
Save as set out in this Statement, you are not required to attend any mandatory training in respect of
your employment. If this changes, we will inform you in advance.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or
formation (including non-contractual disputes or claims) shall be governed by and construed in
accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to
settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or
formation (including non-contractual disputes or claims).
The Company reserves the right to change your terms and conditions to meet the changing needs of
the business and it will give you notice of any change within four weeks.
I would like to take this opportunity to congratulate you on this appointment and I look forward to
receiving your confirmation of acceptance. Please return a signed copy of this contract, along with
any relevant enclosed forms, and parts 2 & 3 of your P45 as soon as possible.
Yours sincerely
Human Resources
I, NAME, understand and agree to the terms and conditions contained herewith in this contract and I
also commit to review those contained in the Employee Handbook and on the Intranet Human
Resources page. I understand that these additional terms, where specifically stated, also form part of
my contract of employment:
Signed
Date
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Checklist of paperwork to be returned on acceptance of this contract of employment
DocuSigned Contract
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Pension Automatic Enrolment
To help people save more for their retirement, the government requires employers to enrol their workers into
a workplace pension scheme. I am writing to advise you that we will be postponing your automatic enrolment
into the pension scheme until you have completed your first three months of employment with the company,
this is known as the ‘deferral date’.
Your deferral date is at the 3 month point from your start date. We will enrol you into our pension scheme on
the first payroll run after your deferral date.
If you want to join the pension scheme now, then you should contact the HR team in Swindon, by writing a
signed letter, which must contain the phrase “I confirm I personally submitted this notice to join a workplace
pension scheme”. You will then be sent further information confirming that you are being enrolled.
If you have further questions about workplace pensions and saving for your retirements you can find more
information in the Questions and Answers document attached to this letter, or at https://gov.uk/workplace-
pensions
FLEETCOR will automatically enrol all employees into the AVIVA pension scheme at 3 months
service. This benefit is in excess of the government’s current requirements. FLEETCOR’s
contribution will be 5% of your basic salary.
If you do not wish to remain in the pension scheme then you can opt out and your contributions
will be refunded to you.
Q2 Do I have to wait until the deferral date to join the pension scheme?
No, you don’t have to wait until the deferral date to join the pension scheme. We have as allowed
by law postponed the automatic enrolment of our workers into our pension scheme until they have
completed three months service with the company. This enables workers to receive pension
information and ask any question they have.
During the deferral period you have the right to join the workplace pension scheme if you wish to.
To do this please write a letter to the HR team at Swindon, which must contain the phrase, “I
confirm I personally submitted this notice to join a workplace pension scheme. “
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Q3 I am younger than 22, if I opt out what happens when I reach 22?
When you reach 22 you will be automatically enrolled into our workplace pension scheme. We will
write to you again, nearer your 22 birthday, to give you all the information that you need.
You can choose to opt out of the scheme if you want to, but if you stay in the scheme you will have
your own pension when you retire.
Q4 I earn less than £10,000 a year (£833 a month), if I opt out what happens if my earnings
change?
If you are over 22 years of age and your earning increase above the £10,000 per annum, then we
will automatically enrol you in a pension scheme.
Q5 Who is FLEETCOR’s pensions scheme provider and what information do they provide?
The scheme is provided by AVIVA. The AVIVA scheme booklet will cover some more frequently
asked questions, including;
How much will I get from my workplace pension when I retire?
Will it be enough?
Are pensions safe?
What if I move jobs?
You can also access information online using the log on details in your contained enrolment pack.
The government is contributing to your pension through tax relief. Tax relief mean that some of
the money that would have gone to the government as tax, goes into your pension instead.
If you have any questions about your enrolment or contribution levels, contact Human Resources
via email (ukhr@fleetcor.com), in the first instance.
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Schedule 1
WTR Opt out
I understand that the effect of the Working Time Regulations 1998 (“the Regulations”) is to limit my
average working time to a maximum of 48 hours per week over a 7 day period averaged over 17 weeks.
I understand that should I not wish to work in excess of 48 hours per week then I will suffer no
detriment nor be treated any less favourably than any other employee.
I wish to opt out from the Regulations in relation to the maximum 48 hour limit, the effect of which is
to remove the 48-hour maximum limit in relation to my employment indefinitely.
For the avoidance of doubt, the terms of my employment contract which refer in particular to my
agreement to work beyond contractual working hours based on business needs are not affected by
this agreement.
I agree that I will give the Company a minimum of 3 months’ notice in writing of the cancellation of
this agreement in order that they can make the necessary arrangements to meet operational and/or
customer requirements.
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Schedule 2
Post termination restrictions
“Garden Leave Period” means any period during which you have been absent from work on
garden leave;
“Key Employee” means any person who at any time during the period of 12 months
immediately preceding the Termination Date was an employee of or engaged by the Company
and with whom you had regular personal dealings in the normal course of your employment
during that period;
“Key Supplier” means any person, firm or company who at any time during the period of 12
months immediately preceding the Termination Date was a supplier of the Company or a
supplier to a supplier of the Company and in either case with whom you dealt regularly in the
normal course of your employment during that period;
“Key Customer” means any person, firm or company who at any time during the period of 12
months immediately preceding the Termination Date was a customer of the Company or was
in the habit of dealing with the Company and in either case with whom you dealt regularly or
about whom you became aware or informed of and/or about whom you obtained Confidential
Information in the normal course of your employment;
“Prospective Client” means any person, firm or company who at any time during the period
of 12 months immediately preceding the Termination Date was a prospective customer of the
Company or was proposing to deal with the Company and in either case with whom you dealt
regularly or about whom you became aware or informed of and/or about whom you obtained
Confidential Information in the normal course of your employment;
“Termination Date” means the date on which your employment under this agreement
terminates for any reason;
2. In order to protect the confidential information and other business interests of the Company
and/or any of our Group Companies you shall not, without the prior written consent of the
Company (which the Company is under no obligation to give), directly or indirectly whether
on your own behalf or on behalf of another:
i. for a period of Choose an item. months following the Termination Date, directly
or indirectly carry on or be engaged, employed, concerned or interested in
any person, entity or organisation which competes with any of the Company’s
business activities which you were materially involved with in the 12 months
preceding the Termination Date and/or regarding which you had gained
Confidential Information in the course of your employment;
ii. For:
iii. For:
iv. for a period of [six] months following the Termination Date, directly or
indirectly entice or endeavour to entice away from the Company any Key
Employee.
b. The time periods set out in sub-clauses 2 (i) to (iii) shall be reduced by an amount
equal to any Garden Leave Period.
c. Each of the covenants in clause 2 are separate and shall be treated as a separate
obligation and shall be enforceable as such.
d. In the event that any restriction contained in sub-clause 2 (i) to (iii) is found to be void,
but would be valid if some part of the relevant restriction were deleted, the relevant
restriction shall apply with such modifications as may be necessary to make it valid
and effective.
e. By signing this agreement, you agree that you have had the opportunity to take legal
advice on the restrictions in this Schedule 2 and in the agreement generally.
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