PRINCIPAL STATEMENT OF MAIN TERMS AND CONDITIONS OF EMPLOYMENT between SPORT AND RECREATION ALLIANCE and [NAME OF EMPLOYEE] PRINCIPAL STATEMENT OF MAIN TERMS AND CONDITIONS OF EMPLOYMENT This statement is made on [DATE] BETWEEN The Sport and Recreation Alliance (previously CCPR) of 4th Floor, Burwood House, 14-16 Caxton Street, London SW1H 0QT (“the Employer”) and [EMPLOYEE NAME] of [EMPLOYEE ADDRESS] (“the Employee”/”you”) WHEREBY IT IS AGREED AS FOLLOWS: 1 SCOPE OF CONTRACT AND PRINCIPAL STATEMENT This Statement shall take effect in substitution for any previous contract of employment existing between the Sport and Recreation Alliance and you and as from the date hereof any such previous contract shall cease to have effect but without prejudice to any right of action which has arisen or notice or warning given thereunder. This present Statement sets out the entire terms and conditions of your employment to the exclusion of any other promises or representations whether oral or written and this statement fulfils the Sport and Recreation Alliance’s obligations under the Employment Rights Act 1996 (as amended) to provide you with a Statement of Employment Particulars. 2 VARIATIONS Any changes or amendments to these terms and conditions will be confirmed in writing within one month of them occurring. 3 COMMENCEMENT OF EMPLOYMENT For the purposes of this agreement and of statutory regulations regarding continuity your period of continuous employment by Sport and Recreation Alliance began on [DATE]. Previous service with the Sport and Recreation Alliance or any other employer does not count towards your continuous service. 4 JOB TITLE AND RESPONSIBILITIES 4.1 You are employed by Sport and Recreation Alliance as [JOB TITLE] until you shall attain the age of 65 or until the termination of the contract by notice in writing given by either party as laid down in clause 11 and your normal duties and responsibilities are as set out in the job description attached. You agree to perform all the duties associated with this post, together with other reasonable duties which may, from time to time, be required of you, and to do so to the best of your ability. 4.2 You agree to be loyal to the aims and objectives of the Sport and Recreation Alliance and you shall not, without the prior written permission of the Chief Executive, hold any office or engage in any activity which in the opinion of the Chief Executive may interfere with the proper performance of your duties under this Statement. (See clause 16, Outside Interests/Other Employment). 2 Name of Employee 5 NORMAL LOCATION OF EMPLOYMENT Your normal place of work is at 4th Floor Burwood House, 14-16 Caxton Street, London SW1H 0QT, but you may be required to work at other specific locations as the organisation may from time to time reasonably require. 6 HOURS OF WORK Your normal hours of work are 41 hours inclusive of a one hour, unpaid, lunch break each day. The office hours are Monday to Thursday 9.00 am to 5.15 pm, Friday 9.00 am to 5.00 pm. Overtime working may be required and is not normally paid but is subject to time off in lieu with the prior agreement of your line manager. Further information is listed in the Staff Handbook. Every attempt will be made to ensure your continuing employment in the event that the Sport and Recreation Alliance 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. 7 SALARY Your salary at the date of this Statement will be [AMOUNT] per annum payable in equal monthly instalments in arrears by bank credit transfer on or about 25th of each month. Your salary will be subject to an initial review on 31 March …………. and annually thereafter. 8 PROBATION PERIOD Your employment shall be subject to an initial probationary period of six months, during which the employment may be terminated by either party at any time during this period by giving the notice detailed in the Termination section. 9 HOLIDAYS 9.1 Bank and Privilege Holidays 9.2 9.1.1 Bank holidays (eight per year) are paid holidays. In addition you are entitled to 3½ days of paid privilege holidays per year – Maunday Thursday afternoon and three days at times specified by Sport and Recreation Alliance, but normally during the Christmas/New Year period. 9.1.2 Staff who by mutual agreement work on these days will be given time off in lieu but no additional payment will be made. 9.1.3 If you work part time you will have agreed with your line manager your normal working days and will benefit from public and privilege holidays only to the extent that these occur on your normal working days. (Delete if not needed). Annual Holidays 9.2.1 The Sport and Recreation Alliance holiday year runs from 1 April to 31 March. 3 Name of Employee 9.2.2 In addition to public and privilege holidays, the holiday entitlement for full time staff is detailed below. The entitlement is the number of working days which may be taken as paid holiday during each holiday year. i) ii) ii) 25 working days from commencement of employment rising to 27 working days (pro rata) from the third anniversary of the commencement of employment rising to 30 working days (pro rata) from the fifth anniversary of the commencement of employment. The entitlement for part time and temporary staff will be as above but pro rata in accordance with normal hours of working. (Delete if not needed) Holiday leave is accrued from the date of initial appointment. 9.2.3 The days you take as holiday entitlement should be approved, in advance, by your manager and the Personnel Officer. Approval will not normally be given for more than 12 days of annual holiday to be taken at one time. You should not pre-book holidays before management approval has been given. 9.2.4 You are expected to take your annual holiday entitlement in full. If Sport and Recreation Alliance operational requirements preclude this you should discuss this with your manager or the Chief Executive as early as possible. Under the Working Time Regulations all workers must take 5.6 weeks statutory holiday per year. The amount of holiday entitlement of a member of staff will be taken into account when considering requested holiday to be carried forward to the following year. Approval of such carry forward in excess of seven days will not normally be given. Approval is on the basis that the carried forward days will be taken in the next year on an agreed basis. You will not be entitled to compensation for holiday which is not taken or carried forward with approval as above. 9.2.5 If you join or leave Sport and Recreation Alliance during the holiday year, your entitlement in that holiday year accrues at the following rates per calendar month worked: Full year entitlement 25 working days 27 working days 30 working days Accrual rate 2.08 days 2.25 days 2.50 days 9.2.6 Annual holiday entitlement may cease to accrue in cases where you are absent from work for a continuous period in excess of one month. However, the Sport and Recreation Alliance will ensure that the statutory minimum holiday entitlement obligations have been met. 9.2.7 Statutory holiday entitlement continues to accrue throughout statutory maternity, paternity and adoption leave. 9.2.8 Entitlement to accrued holiday pay on leaving Sport and Recreation Alliance’s employment is limited to your holiday entitlement for the holiday year in which you leave, up to a maximum of one year’s entitlement. Subject to this, accrued holiday is calculated as any approved holiday carried forward from the previous year plus holiday entitlement for the current year calculated as in clause 9.2.5 above less holiday taken in the current year. Accrued holiday pay at the date of termination is calculated at the rate of annual salary divided by 261 per day accrued. 4 Name of Employee 9.2.9 If during the holiday year in which you leave you have taken more holiday than your accrued entitlement the accrued holiday pay at the date of termination calculated as in clause 9.2.8 will be negative and this amount will be deducted from your final net salary. 9.2.10 Holiday may not be taken during the period of notice of termination of your contract of employment except with the prior written approval of the Chief Executive. 9.2.11 Where termination of your employment is due to gross misconduct or where the full contractual notice period is not served and worked, unused holiday pay will not be paid, apart from any payment required to meet the statutory minimum holiday obligations. 10 ABSENCE DUE TO ILLNESS/INJURY AND SICK PAY 10.1 Under all normal circumstances, if you are absent due to illness or injury you should inform your manager by 10.00 am on the first day of your absence. In addition to advising the reason for your absence and when you intend to return, you should advise your manager whether or not you have seen, or intend to see, your GP. If your absence is longer than one day you should keep your manager informed of the position each day of your continued absence. You should make contact in person unless your illness/injury prevents you from doing so, in which case someone should contact the Sport and Recreation Alliance on your behalf. 10.2 Messages on voicemail, email or by any other indirect contact are not acceptable. 10.3 The Sport and Recreation Alliance’s self-certification form should be completed on your return. The Sport and Recreation Alliance reserves the right to request a doctor’s certificate on any particular occasion (at the expense of the Sport and Recreation Alliance). 10.4 If you are ill for more than seven calendar days, in addition to completing the Sport and Recreation Alliance’s self-certification form on your return, you should obtain a doctor’s certificate and ensure that it reaches the Personnel Officer by the ninth day of your illness and provide certificates as necessary to give continuity of certification. If the relevant selfcertified sickness absence form or doctor’s certificate is not received, the Chief Executive may refuse to authorise sick pay. 10.5 If you are absent from work for more than seven calendar days, you may be asked to sign a medical consent form if the Sport and Recreation Alliance needs more information about the medical condition. This enables the Sport and Recreation Alliance to obtain a report from your doctor. You may be asked to attend a medical examination with an independent practitioner nominated by the Sport and Recreation Alliance. You have the right to refuse to sign the medical consent form or attend a medical examination as requested by the Sport and Recreation Alliance; however this may make it more difficult for the Sport and Recreation Alliance to understand your illness/injury and take a decision regarding your continuing employment without the benefit of medical opinion. Please see the Staff Handbook for more details on your rights under Access to Medical Reports. 10.6 The Sport and Recreation Alliance reserves the right to visit employees absent from work through sickness or injury. 5 Name of Employee 6 Name of Employee 10.7 Subject to there being a reasonable prospect of recovery and return to normal duties within a reasonable period, you will, in any 12 month period, receive sick pay during periods of absence caused by sickness or injury on the following basis: i) ii) iii) iv) v) vi) 6 months’ service or less: 6 months’ to 1 years’ service Over 1 years’ to 2 years’ service Over 2 years’ to 3 years’ service Over 3 years’ to 5 years’ service Over 5 years’ service 2 weeks’ full pay 2 weeks’ full pay and 2 weeks’ half pay 1 months’ full pay and 1 months’ half pay 2 months’ full pay and 2 months’ half pay 3 months’ full pay and 3 months’ half pay 6 months’ full pay 10.8 These periods of payment are subject to a maximum full pay equivalent period of 12 months in any period of 48 months. The Sport and Recreation Alliance may exercise its discretion to pay full salary for longer periods in exceptional circumstances. 10.9 For this purpose sick pay will be your normal rate of pay and will be inclusive of any Statutory Sick Pay to which you are entitled. Nothing contained in this section shall diminish the Sport and Recreation Alliance’s obligation to make payments to you of Statutory Sick Pay. 10.10 An Unauthorised Absence is a period of absence from work where you have failed to comply with the sickness absence reporting procedure, or where the real reason for the absence does not relate to sickness or injury and you have not obtained prior authorisation for the absence. An Unauthorised Absence may amount to disciplinary offence. 10.11 After any period of absence you may be required to attend a return to work interview to give details of your absence if the Sport and Recreation Alliance considers it appropriate. 10.12 The Sport and Recreation Alliance reserves the right at its discretion at any time to withdraw or amend this benefit if your absence, or that of staff generally, is excessive and to take disciplinary action where appropriate. 10.13 Where payable, sickness or industrial injury benefit must be claimed from the appropriate Government Agency and any benefit received must be notified to the Sport and Recreation Alliance. Such benefits will be deducted from the above payments. 10.14 If you are absent due to sickness during the course of disciplinary proceedings or during investigations into alleged breaches of rules, procedures or contractual obligations, the Sport and Recreation Alliance reserves the right to withhold sickness payment (other than SSP). 10.15 If you are absent from work due to injury or illness caused by a third party, any payments made by the Sport and Recreation Alliance as sickness payment will be classed as a loan; this will be repayable to the Sport and Recreation Alliance by you if compensation for loss of earnings is recovered from the third party. 10.16 Eligibility for sickness payment will not prevent the Sport and Recreation Alliance from terminating your employment, with due justification, prior to the expiry of the above maximum benefits. 11 TERMINATION 7 Name of Employee 11.1 (Either) After 1 month’s continuous service but before satisfactory completion of your six month probationary period you are required to give the Sport and Recreation Alliance 1 week’s notice to terminate your employment and 1 month’s notice thereafter. 8 Name of Employee You are entitled to receive the following periods of notice from the Sport and Recreation Alliance: After 1 month’s continuous service but before satisfactory completion of your probationary period – 1 week After completion of your probationary period but under 5 years’ continuous service – 1 month 5 years’ continuous service or more – 1 week for each complete year of service to a maximum of 12 weeks after 12 years. (OR) After 1 month’s continuous service but before satisfactory completion of your probationary period you are required to give and are entitled to receive 1 week’s notice to terminate your employment, and 3 months’ notice thereafter. By mutual agreement, these notice periods may be waived. 11.2 The Sport and Recreation Alliance reserves the right to require you not to carry out your duties, attend your place of work or contact members or those with whom the Sport and Recreation Alliance does business during the period of notice. At the absolute discretion of the Sport and Recreation Alliance, payment in lieu of working notice may be made. 12 SUMMARY TERMINATION Notwithstanding any other provision of this Statement, if you are guilty of any gross misconduct or wilful neglect in the discharge of your duties under this Statement, the Sport and Recreation Alliance shall be entitled to terminate your employment forthwith and without pay in lieu of notice but without prejudice to the rights and remedies of the Sport and Recreation Alliance for any breach or non-performance of this Statement and to the continuing obligations under this Statement. 13 DEDUCTIONS FROM PAY The Sport and Recreation Alliance has the right, subject to prior notice, to deduct from your pay any sum which you owe to the Sport and Recreation Alliance including, without limitation, any overpayment of pay or expenses, loans made to you by the Sport and Recreation Alliance, or any other item identified in this Statement and/or the Staff Handbook as being repayable by you to the Sport and Recreation Alliance. This will only be done once you have been advised in writing of the amount of the deduction and the pay day on which the deduction will take place. 14 PENSIONS The Sport and Recreation Alliance participates in two contributory staff pension schemes. You are entitled to join only one from the first day your employment commences: i the main Sport and Recreation Alliance scheme is the Local Government Pension Scheme administered by the London Pension Fund Authority. This is a final salary occupational pension scheme with index linked benefits. ii the personal stakeholder pension plan is administered under a Sport and Recreation Alliance arrangement with Virgin. 9 Name of Employee 15 EXPENSES Expenses wholly, exclusively and necessarily incurred by you in the course of approved business duties may be claimed and will be reimbursed through the expenses system, the procedures for which are set out in the guidance notes for staff expenses. 16 OUTSIDE INTERESTS/OTHER EMPLOYMENT 16.1 You are required to devote the whole of your time, attention and abilities during your hours of work to your duties with the Sport and Recreation Alliance and you may not undertake any other work during this time. 16.2 You may not without the prior written consent of the Chief Executive (which will not be unreasonably withheld) engage in any business or employment which is similar to or competitive with the business of the Sport and Recreation Alliance, or which could be considered to impair your ability to act at all times in the best interests of the Sport and Recreation Alliance, outside your hours of work for the Sport and Recreation Alliance. This restriction applies whether or not you or others connected with you gain financial or other benefit from such engagement or interest. Any consent given may be withdrawn on provision to you of written reasons for the withdrawal. 16.3 The purpose of clause 16.2 is to avoid conflicts of interest. Subject to the requirement of avoiding conflicts of interest the provisions of said clause do not apply to participation in activities which are recreational or social. Nor do they apply to any interest in shares of a publicly quoted company which represents less than 10% of the issued shares of any class in that company. You are required to sign a yearly conflict of interest disclosure. 16.4 If you do engage in any other employment, you should notify the Sport and Recreation Alliance in writing of hours worked elsewhere to enable the Sport and Recreation Alliance to comply with its statutory obligations. 17 DISCIPLINARY PROCEDURE The Sport and Recreation Alliance’s Rules and Disciplinary Procedure are shown in the Staff Handbook. It is your responsibility to familiarise yourself with these rules and procedures. 18 CAPABILITY PROCEDURE The Sport and Recreation Alliance’s Capability Procedure is shown in the Staff Handbook. It is your responsibility to familiarise yourself with these rules and procedures. 19 APPEAL PROCEDURE If you are dissatisfied with any disciplinary decision taken against you, you should raise this as indicated in the Disciplinary Procedure set out in the Staff Handbook. 20 GRIEVANCE PROCEDURE If you wish to raise any grievance relating to your employment, you should do so with your line manager in the first instance. Further details of the Grievance Procedure are set out in the Staff Handbook. 10 Name of Employee 21 CONFIDENTIALITY AND PROPRIETARY RIGHTS 21.1 In the performance of your duties you should respect the confidentiality of any information which you may receive or obtain whilst you are employed by Sport and Recreation Alliance which relates to Sport and Recreation Alliance, its members or its business. You should not disclose any secrets or other information of a confidential nature relating to the Sport and Recreation Alliance or its business, or in respect of any obligation of confidence which the Sport and Recreation Alliance owes to any third party, during or after your employment except in the proper course of your employment or as required by law. 21.2 Provision of information or comment to the press or media is a sensitive issue and you should be cautious if approaches are made to you by persons whose job it is to obtain information. It is a proper function of the Sport and Recreation Alliance to provide comment on sporting and recreation matters to the press and media which will be attributed to the Sport and Recreation Alliance. Such comment or information should be provided at a senior level and you should refer requests as appropriate to your line manager or the Chief Executive. If you have any doubts about the propriety of disclosure of information you should decline to comment and seek guidance. You should not, without the prior approval of the Chief Executive, write any article for the press or otherwise for publication or speak on radio, television or in public on any matter connected with or relating to the affairs of the Sport and Recreation Alliance. Where comment is given, it should reflect the Sport and Recreation Alliance’s policy. All communications should be signed off by the Chief Executive, a member of the Senior Management Team, Sport and Recreation Alliance Chair or Sport and Recreation Alliance Deputy Chair before distribution. 21.3 Breaches of confidentiality may be regarded as gross misconduct. 21.4 These requirements do not remove your statutory rights under the Public Interest Disclosure Act. 21.5 Any documents or tangible items which belong to the Sport and Recreation Alliance or which contain any confidential information should not be removed from the Sport and Recreation Alliance’s premises at any time without proper authorisation, and should be returned to the Sport and Recreation Alliance upon request and, in any event, upon the termination of your employment. 21.6 If requested by the Sport and Recreation Alliance, all confidential information, other documents and tangible items which contain or refer to any confidential information, and which are in your possession or under your control, should be deleted or destroyed. 21.7 Any proprietary rights conceived, discovered or created during or by reason of your employment by Sport and Recreation Alliance will belong to Sport and Recreation Alliance absolutely. You should notify Sport and Recreation Alliance immediately of any such rights and provide all information and assistance which might be required by Sport and Recreation Alliance to secure the benefit of such rights vesting in Sport and Recreation Alliance. 22 SUSPENSION In the event that you are subject to any disciplinary action, or for some other urgent cause, the Sport and Recreation Alliance reserves the right to suspend you on full pay and benefits pending the resolution of any investigation or disciplinary proceedings. 23 COLLECTIVE AGREEMENTS 11 Name of Employee There are none in force that directly affect the terms and conditions of your employment. 12 Name of Employee 24 SECURITY You agree to comply with any arrangements for security reasonably required of you by the Sport and Recreation Alliance. 25 DATA PROTECTION For the purposes of the Data Protection Act 1998, you give consent to the holding and processing of personal data provided by you to the Sport and Recreation Alliance for all purposes relating to the performance of this Statement including, but not limited to: i ii iii iv v vi vii 26 administering and maintaining personnel records; paying and reviewing salary and other remuneration benefits; providing and administering benefits; undertaking performance appraisals and reviews; taking decisions as to your fitness for work; providing references and information to future employers, and if necessary, governmental and quasi-governmental bodies for social security and other purposes, the Inland Revenue and the Contributions Agency; and ID/police checks. MONITORING OF PERSONAL COMMUNICATIONS You should be aware that the Sport and Recreation Alliance may monitor, intercept or record all communications received or made via the Sport and Recreation Alliance’s telephone system or any other system including e-mail and internet use. You should only use the Sport and Recreation Alliance’s telephone system or e-mail system for personal use in line with the full guidance which is given in the Staff Handbook as to what is acceptable. If you wish to make a call that cannot be monitored you should discuss this with your line manager. Monitoring may be conducted by any member of the Senior Management Team but will be for work related purposes only. 27 DECLARATION I confirm that I have given correct and accurate information to Sport and Recreation Alliance in my application for employment or by other means and agree that any materially incomplete or false information (for example in relation to qualifications, previous employment, experience, health or criminal conviction etc) which comes to light at any later date will be regarded as serious misconduct and may be grounds for dismissal. I acknowledge receipt of this Statement and my own copy of the Staff Handbook and confirm that I have read the Statement and the Staff Handbook, which set out the principal rules, policies and procedures relating to my employment. I understand that a permanent copy of the Staff Handbook is kept in the office. Signed by the employee ………………………………………………………………... Date ………………………………………………………………………………………. Signed on behalf of the Sport and Recreation Alliance ………………………………………. Date ……………………………………………………………………………………….. 13 Name of Employee