CONTRACT OF
EMPLOYMENT




Full Name of Employee:
   

Address:


Business Telephone Number:
    

Mobile Telephone Number:
    

Job Title:
    

Date Employment Commenced:
    


 

1    Probationary Period

1.1    Your employment is subject to a probationary period of six months, which may be extended at the Manager’s discretion.

1.2    Should you not complete a satisfactory probationary period; your employment at Cymru Tyres will be terminated.

1.3     Your probationary period will consist of a 2 week induction period where during this time you will be mentored by a senior member of staff who will induct and train you in line with your role.


2    Hours of Work

2.1    You are contracted to work        hours a week.  These hours will be set within the rota, but may be subject to change.  All staff are expected to work together and cover bank holidays, Christmas and New Year, staff sickness, staff holidays etc.  You may be required to work outside your contracted hours.

2.2        The business reserves the right were necessary to place the Employee on short time work or temporary layoff. This means the Employee may be requested to work a shorter week or not at all and in consequence will only receive payment for work complete.

2.3    At all times the business will shall endeavour to provide the Employee with a working week as near to their normal hours as possible in the circumstances.

2.4    The instigation or subsequent selection of any employee for any period of short time working or layoff will be entirely at the discretion of the business (consideration will be given to the needs of the business, individual employee skill set and the nature of the work shortages).


3    Salary

3.1     Your salary/wages will be ___ per hour, payable on the last day of every month, if there is a Bank Holiday or the last day falls on the weekend it will be paid on the first working day there after.
Your salary will be paid electronically to your bank account.
It is your responsibility to provide bank account details and Sort code, so your salary is paid.

Any over payments made in error by Cymru Tyres, will be deducted from your following months salary/wages.

Payslips, once received employees have two weeks to inform the Manager that their wages/salary are incorrect, unfortunately, after two weeks no alterations can be made.



4    Job Description

    You have been appointed as a                       _____Without exception; every role within Cymru Tyres has a written job description. The job description specifies the role of all our employees. This will help you to understand what your main duties are and will allow performance to be measured against your duties.

Your job descriptions may change occasionally. They do not specify every little detail of your role, but the main and general duties. They also specify the reporting structure.

Your job description is attached at Appendix 1 of this Contract of Employment.

5     Working Hours
        
5.1    It is your responsibility to report to your Manager at the start of each shift and at the end of each shift.

5.2    Any hours worked and not recorded will not be paid e.g. Not reporting in or out at the appropriate time.

5.3    Any hours worked and not documented on the time sheet will work on a 3 strike system as follows:
    Strike 1: Not reported in or out, this will be paid in the following months pay
        Strike 2: As above                
    Strike 3: Not reported in or out for the third time will result in no pay and a disciplinary.

5.4    Your salary is calculated from the hours recorded on your time sheet.

5.5    Any queries in regards to pay must be informed to the manager within 2 weeks of receiving that month’s pay slip for any queries to be resolved.



6    Annual Leave

6.1    Your Annual Leave is earned by working your full contracted hours each month, If your full contracted hours have not been achieved,  i.e. absent from work through sickness or unauthorised time off you will automatically lose that months earned holiday entitlement.

6.2    Four weeks notice must be given in advance of your requested annual leave and will have to be authorised by the Manager.
The Annual Leave works by a first come first serve basis, Annual Leave will not be authorised if another staff member on your shift is on Annual Leave at that time.

6.3    All new members of staff for their first year of employment will be required to accrue their annual leave before they will be entitled to take it. Following this the procedure outlined in 6.4 will then apply.


6.4      Employees who have been employed at Cymru Tyres for 1 year will be required to take their annual leave in 3 separate stages/seasons as follows:

January – March     staff will be required to take 28% of their contracted entitlement during this period

April – September     staff will be required to take 44% of their contracted entitlements during this period

October - December     staff will be required to take 28% of their contracted entitlement during this period


    Holidays that have not been taken during the above time scale will automatically be lost, holidays will not be carried over to the next stage /season, and cannot be cashed in.

6.5    The maximum period staff will be able to book as annual leave at any one time will be 14 days.

6.6      Staff can not count on their current shift pattern to remain the same throughout their employment and therefore any booked annual leave will be from the date the business has been notified for the leave to start and end. Therefore you may be required to work up until and after these authorised dates.


6.7    Staff can not apply for holidays from 16th December – 2nd January, Christmas and New Years Week.

6.8    Holidays and public holidays are not included in the statutory holiday entitlement. Working a bank holiday or public holiday is a normal working day.

6.9     If an employee is absent or sick where their full contracted hours have not been accrued but where they have already taken their holiday entitlement for that season/stage in advance this will then be deducted from their next holiday stage/season entitlement.

6.10    Employee’s who end their employment at Cymru Tyres or where employment is terminated any holidays that have been already paid but not accrued will be deducted from the employee’s final salary

 
7    Sickness Absence


 STAFF SICKNESS (part A)

    Procedure
    Members of staff who are away from work due to sickness or injury must conform to the following procedure failure to do so without good reason will result in disciplinary action being taken and can result in immediate dismissal.
7.1    Reporting Sickness Absence
    The member of staff must telephone Cymru Tyres immediately and speak to the most senior person on duty. Text messages are not allowed as a form of communication to the business. If the reason for absence is sensitive and the member of staff prefers, they may contact the Manager / Proprietors directly. If it is impossible for the individual to make contact personally, someone may do this on their behalf, for example, a family member.
    Staff must ensure the business is notified in enough time so that necessary arrangements can be made to cover the shift. Unless a good reason staff must ensure the business is notified within the time scales set out below:

    Staff who are due to work a shift must ring in at least 1 hour before the shift is due to start.

    The reason for absence must be given, along with how long the individual expects to be away from work. If the Manager / Proprietors are not available, this information should be conveyed to the most senior member of staff on duty.
    The same procedure should be used if an individual is unexpectedly absent from work for any other reason including an accident. If the staff member is unsure how long they will be absent, they should keep the Manager/Proprietors updated. If there is no contact from an employee who is due in to work, the Manager/Proprietors may contact the employee immediately.

    If without good reason, a member of staff is late by one or more days in giving notification of sickness absence, then the sickness absence will be treated as unauthorised for the same number of days.
    The member of staff taking the message must inform the Manager/Proprietors immediately so that any necessary follow-up action can be taken, for example, amendment to pay.
        Staff must ensure regular contact is kept with the business throughout the sickness and any further change in circumstances notified immediately.

7.2     Duration of Sickness Absence and Medical Certification
    Staff must complete a return to work form on their return to work for every period of sickness absence. This form should be given to the Manager.
    If a member of staff is sick for more than three days, they must also provide a Medical Certificate to cover the period of their incapacity for work.


7.3     Recording Sickness Absence
    All sickness absences are recorded on the employee’s absence card by the Manager. Dates recorded are for actual periods of sickness.  The Manager will record the absence on the individual’s personal record.

7.4     Return to Work Discussion
    Staff must inform the business as soon as the sickness or reason for absence has ended and you are fit to resume duties. To prevent the business from covering further shifts once the employee is ready to return to work staff must ensure the business is informed within enough time before their next working shift is due to prevent their shift from being covered, the time scale that applies to this is 3pm the day before you next working shift. Staff who have been on long term sickness should ring the business to find out what shift they are due to work once the sickness has ended as the staff rota may have changed since the absence had started.
    On the employee’s return to work, the Manager should discuss the reasons for absence with the employee, regardless of its length. This is intended to give the individual an opportunity to discuss any problems which may be a factor in the absence and for the Manager to discuss any action points and brief the member of staff on what has happened while they have been away.

7.5     Sickness during Booked Leave Entitlement
    Where un-certificated or self certificated sickness coincides with booked leave entitlement, we will not normally count this as sick leave. However, in exceptional circumstances and where a Medical Certificate has been obtained, there may be grounds for reinstatement of leave in whole or in part. This should be discussed and agreed with the Manager.

7.6    Statutory Sick Pay

    Statutory sick pay will be paid, where applicable, in line with government guidelines.

7.7     Frequent Short-term Sickness Absences
    If a member of staff has more than four separate sickness absences or 10 days’ total sickness absence over a 12 month period, the Manager/Proprietors will interview the member off staff.
    The aim of this is to:
    identify any underlying reasons for the sickness absences
    discuss the frequency and reasons for the absences and ensure that the member of staff is aware that the absence record is giving cause for concern advise the member of staff to seek medical attention if appropriate.

The Manager/Proprietors may consider:
    discuss the advice of Occupational Health
    if appropriate, inform the member of staff that the absences are unacceptable
    give consideration to any personal problems and possible ways of helping the member of staff resolve them
    agree a reasonable period of time over which the member of staff's attendance can be assessed
    Indicate what the next step will be if the member of staff fails to reach the standard required.
    
    If there is no underlying medical condition and the reasons for absence appear not to be genuine, the matter may be dealt with through the disciplinary procedure. If the absences are genuine, but the frequency remains unacceptable, the matter may be dealt with formally, and a formal meeting held.

7.8    Long-term Absence due to Ill Health
           Where an employee has been absent for over three consecutive weeks, the Manager will make contact to see how the individual is and when they are likely to be back at work.  If there is no clear indication of a return to work, the Manager/Proprietors will arrange an Occupational Health appointment. Occupational Health may advise the Manager/Proprietors of the expected return date and any rehabilitation suggested.
    It is expected that the Manager/Proprietors will contact the employee regularly, normally weekly, while off long-term sick.
    Where a phased return to work is agreed, the Manager/Proprietors will make arrangements in respect of pay entitlement etc.
    Where there is no clear indication of a return to work following one month of absence, the following will be taken into account when deciding on the next steps:
    the nature of the incapacity
    the prognosis for future health
    the requirements of the the business
    the employee's views on continuing employment
    the employee’s length of service and past sickness record
    whether the employee could be offered alternative work or other duties more suitable to their state of health
    whether the condition may be classed as a disability
    Whether any reasonable adjustments under the Disability Discrimination Act should be considered.

    An employee’s inability to do their job because of long-term sickness can be a potentially fair reason for dismissal.
The Manager/Proprietors will make every effort to deal with the case informally.

7.9    Formal Meeting
    Where it is unlikely that an employee will be able to return to work within a time period that is reasonable in all the circumstances, and it is not possible to make an accommodation to their current role or to redeploy them, termination of the individual's employment may need to be considered.  No decision to pursue this would be taken without reviewing the medical evidence available, writing to the employee to advise of these potential courses of action and consulting personally with the employee where possible.
    In some circumstances, the only option in the absence of redeployment or accommodation possibilities will be termination of employment on grounds of capability/incapacity.

    Where the facts of a case appear to call for formal review, a meeting will be called as soon as possible. The meeting should comprise a panel of at least two people, normally the Manager and Proprietors. A report will be presented detailing the medical evidence and a statement from the Manager indicating the impact of the absence. The employee will be informed of the options that may be considered at the meeting. This will be sent to the employee at least five working days before the meeting.
    The employee shall be informed by letter giving at least five working days’ notice that a meeting is to be held. The employee may request an alternative date to allow up to an additional five working days to prepare themselves or if the representative is unavailable. The employee has the right to be accompanied by a work colleague, friend or relative. The letter should be sent recorded delivery so that we have proof of receipt by the employee.  The purpose of the meeting is to consult with the employee and to determine options for the future. A letter confirming the outcome will be handed to the employee whenever possible or posted directly by recorded delivery to the employee within three working days of the meeting.
    In the event of a dismissal, contractual rights including payment during the notice period at the rate of sick pay applicable at the time will be honoured.

7.10    Right of Appeal Against Termination
    An employee has the right of appeal against termination.
    Should an employee wish to appeal they must do so, in writing, to the Manager, within five working days of being informed in writing of the termination.
    A request for an appeal must specify the grounds of the appeal.
    The Manager will present the reasons for their decision.
    The employee has the right to be accompanied by a work colleague or trade union representative.
    The meeting will hear all or part of the previous meeting, depending upon the nature of the appeal. The meeting has the scope to uphold the previous decision or substitute an alternative decision.
    Within three working days of the appeal the Manager will record the decision and post it directly by recorded delivery to the employee.
    The decision of the Manager is final.



STAFF ABSENCE (Part B)
 (Bereavement, Maternity/ Paternity & Adoption leave))


7.1 B    Maternity/ Paternity & Adoption leave
Staff will only be entitled to paid Maternity, Paternity and Adoption leave if they have been employed at Cymru Tyres for more than twelve months.

7.2 B    Bereavement/ Family illness
In regards to leave for Bereavement the Business aims to support all staff during these difficult times. However authorised leave will only be permitted for close family members such as:

Children
Husbands / Wife’s
Parents
Siblings

Any family member outside these categories that may become unwell or meet end of life the business will try its best to support the staff member as best they can however The business reserves the right not to authorise leave if the business is unable to cover that employees working shifts.
On an employee return to work after an absence due to Bereavement the business return to work procedure in part A above condition 14 will apply.

Failure to follow this procedure without good reason to do will result in disciplinary action being taken and can result in immediate dismissal.


8    Medical Treatment and Hospital Visits

8.1    All employees are expected to make any appointments outside their working hours.


9    Maternity, Paternity and Adoption Leave
9.1    Staff will only be entitled to Maternity, Paternity and adoption leave if they have been employed at Cymru Tyres for more than twelve months and are eligible for it.


10    Training

10.1    Training is mandatory at Cymru Tyres; all staff must attend all training courses as part of your Job description. You may be required to attend training at other location outside of Cymru Tyres.
If at any time, you cannot attend the training you are required to provide two weeks notice and a valid reason why you are unable to attend.

10.2     If training is from any of the Local authorities/ In house Training or Private Training Companies and you have not attended, there will be an automatic deduction of £50.00 deducted from your salary/Wages.

10.3    All staff that leave Cymru Tyres or where employment has been terminated will have their 2 weeks induction training deducted from their final salary/Wages where any other training attended to in the last 18 months of their employment will also be deducted.

10.4    New employees who are still completing their 6 month probationary period will not qualify to be paid for any training undertaken during this period.

11    Changes in your Circumstances
    
11.1    It is your responsibility to inform the Manager of any changes in your circumstances that may affect your contract of employment.
Failure to inform any information that affects your employment will result in instant dismissal.






12    Resignation

12.1    One month’s notice must be given in writing to the Manager. Failure to work your notice and provide notice in writing will result in a breach of contract, any holidays or shifts worked will not be paid.


13    Gross Misconduct

13.1    Instant dismissal can be given by the business Proprietors & Manager for the following:

•    Staff who are verbally, physically, abusive towards any service users, service user families, staff, management, or proprietors
•    Failure to turn up your shift
•    Theft
•    Substance abuse alcohol/drugs
•    Clocking in another staff member will result in instant dismissal
•    Failure to comply with you contract of employment
•    Breech of confidentiality
•    Failure to follow instructions from the business Manager/Proprietors
•    Walking out or leaving the premises with out the shift managers consent will be viewed as a non verbal resignation where the employees employment will be terminated and their position advertised without delay


14     Termination of employment

14.1    Served by the Manager or Proprietors can result in instant dismissal where no notice has to be provided.


15       Dress Code

15.1    Staff are required to wear appropriate garage environment clothing in Black.

15.2    In the winter months sweatshirts or hoodies are permitted.  

15.3    In warmer weather T-shirts, Polo shirts, or short sleeved shirts are permitted. Vests are not permitted.

15.4     Smart full length trousers are to be worn at all times. (Jeans are not allowed)

15.5    Staff are required to wear appropriate steel toe capped footwear which are closed in and no heal at all times.


16    Smoking

16.1      Smoking is only permitted at the designated smoking area


17      Deductions from wages

17.1     Where staff that do not adhere to 12.1 of this contract or where employment is terminated the business reserves the right to deduct monies from the employees final wage. These deductions are listed below:
    
•    Time & resources spent in recruiting and processing the employee’s application such as interviewing, referencing, CRB checks will occur a cost of £50

•    The financial effect the employee implements on the business in leaving the business short staffed in their failure to comply with clause 12.1 of this contract where the business has replaced the employee who has left without working notice with will incur a charge calculated at the employees contracted hours in which they where due to work at their hourly rate.


•    The 2 week induction/ training delivered to the employee by a senior member of staff where the business has paid the senior employee and employee in question. The cost incurred here will be 2 weeks calculated at the employees contracted hours at the hourly rate of the senior member of staff who delivered this training.


18   Policies and Procedures

18.1    It is your responsibility to read, understand and adhere to the business’s policies and procedures.
Failure to abide by the policies and procedures will result in instant dismissal without prior notice given.
19. DISMISSAL AND DISCIPLINARY PROCEDURE
SECTION A:  Dismissal procedure
1          Purpose and scope

1.1             This procedure sets out the steps that will be followed when the Employer contemplating the dismissal of any employee. It reflects the statutory minimum dismissal procedures. Please note that this procedure does not apply to situations where a warning is the only action considered. It will apply where certain action short of dismissal is considered, such as demotion or reallocation of duties, if such action is imposed as an alternative to dismissal.
1.2             This procedure is non-contractual (even where its provisions are a requirement of statute).

2          When does this procedure apply?

2.1            Subject to paragraph 2.2 below, this procedure will in principle apply when the business has reason to consider dismissing an employee for any of the following reasons:
(a)              Conduct;
(b)              Lack of capability (poor performance);
(c)              Absence from work;
(d)              Dismissal for redundancy, unless one or two specific exemptions applies (i.e. the sudden closure of the the business, or multiple redundancies where the collective consultation obligations arise);
(e)              Retirement;
(f)              Non-renewal of a limited term contract (ie a fixed-term contract); and
(g)            Dismissal for some other substantial reason, unless a specific exemption applies (eg dismissing employees and offering to re-engage them on different terms).

2.2            Conduct and capability issues will usually be dealt with in accordance with the Disciplinary Procedure set out in Section B. This Disciplinary Procedure incorporates the statutory dismissal procedure. Capability, absence from work and redundancy will usually be dealt with under separate procedures because such matters will, by their nature, require adjustments to the standard procedure, but they will incorporate the statutory minimum procedure. Employees will be notified at the time of the procedure of the process to be followed in such circumstances.

3          The procedure

There are three stages to the procedure:
(a)        Stage one

If there are grounds to dismiss the employee they will be advised in writing of the proposed dismissal and the reasons that led to the proposal. They will be invited to a meeting to discuss the proposal. If an employee fails to attend this meeting and does not inform the business prior, stage two will automatically be carried out in their absence. Any meeting arranged can only be rearranged once by the employee if the first meeting was not arranged in the employee’s normal working hours. Failure to attend the second meeting will mean stage 2 will automatically be carried out in their absence. Any further postponements will be at the business’s Manager or Proprietors discretion. Before any meeting takes place, employees will be given a reasonable opportunity to consider their response to the proposed dismissal.
(b)       Stage two
At the meeting, employees will be given the opportunity to discuss the proposed dismissal and any points that they may wish to raise in respect of the proposed dismissal. They will then be informed in writing of the outcome of the meeting and their right to appeal against that decision.
(c)        Stage three
Employees who wish to appeal against a decision to dismiss should inform a Manager / Proprietor / Proprietors within 5 working days. They will then be invited to attend an appeal hearing. The business proprietor will hear all appeals and their decision is final. After the appeal, employees will be informed of the appeal decision. For more details on the right to appeal, please refer to paragraph 5 below.
4          Right to be accompanied

4.1             You have the right to be accompanied at any hearing (including an appeal hearing) by a single companion, who is either:
(a)              a work colleague; or
(b)              a full time official employed by a trade union; or
4.2             Your representative has the right to explain and sum up your case, and to respond to any views expressed at the hearing. However, your representative cannot answer questions on your behalf. If your representative cannot attend on the date that we have set for the appeal, we can postpone the appeal for up to 5 working days.
5          Right of appeal

5.1             You can appeal against the decision to dismiss you by informing a Manager / Proprietor within 5 working days of the dismissal.
5.2             All appeals must set out the grounds on which you are making the appeal.
5.3             You will be invited to an appeal hearing and have the right to be accompanied at that hearing (you will be notified of that right when you are invited to the appeal hearing). The appeal hearing will reconsider the original decision. You will have an opportunity to put forward, if you so wish:
(a)              New evidence that was not available during the first hearing; and/or
(b)              Complaints of a flaw in the original decision-making process, such as the failure to follow procedures or the failure to give you a fair hearing.
5.4             The outcome of any appeal will be confirmed to you in writing and will take one of three forms:
(a)              The original decision may be upheld, in which case any disciplinary sanction will be confirmed;
(b)              The original decision may be overruled, in which case any disciplinary sanction will be rescinded;
(c)              The original decision may be substantially confirmed, but a less severe sanction may be substituted for that originally imposed (usually in cases of appeals based on extenuating circumstances). The disciplinary sanction cannot be increased.
5.5             There is no further right of appeal from the decision of a Manager / Proprietor.




SECTION B   DISCIPLINARY AND CAPABILITY PROCEDURE

1          Purpose and scope
1.1             This procedure is designed to help and encourage all employees to achieve and maintain standards of conduct, attendance and job performance. The aim is to ensure consistent and fair treatment for all. The procedure complies with the statutory requirement regarding dismissals.
1.2             This procedure is non-contractual (even where its provisions are a requirement of statute).
2          Principles
2.1             No disciplinary action will be taken against employees until the case has been fully investigated. In some cases they may not be a need to carry out an investigation prior to disciplinary action.
2.2             At all stages, employees will be advised in writing of the nature of the complaint against them and given a reasonable opportunity to consider their response to the complaint before any disciplinary interview.
2.3             Employees will be invited to attend a disciplinary interview and given an opportunity at that interview to state their case before any decision is made. There are certain circumstances in which a disciplinary interview may not be held, such as cases where the disciplinary action consists of an oral warning, a written warning or suspension on full pay and in exceptional cases where an interview is not necessary or appropriate.
2.4             At all stages, the employees will have the right to be accompanied by work colleague during the disciplinary interview and any appeal. Further details about the right to be accompanied are set out under Section A, paragraph 4.
2.5             After the disciplinary interview, the employees will be informed of the disciplinary decision and of any disciplinary sanction imposed.
2.6             Employees will not be dismissed for a first breach of discipline, except in the case of gross misconduct when the sanction will be dismissal without notice or payment in lieu of notice.
2.7             Employees will have the right to appeal against any disciplinary sanction imposed (see Section A, paragraph 5).
2.8             The procedure may be implemented at any stage if the employees’ alleged misconduct or performance justifies such action.
2.9            If employees fail to attend any disciplinary interview without good reason or appeal against a disciplinary decision, and bring an employment tribunal claim arising out of the disciplinary procedure or penalty, such a failure may result in any award subsequently awarded by an employment tribunal being reduced.

3.           The Procedure
Minor faults will be dealt with informally, but the following procedure and sanctions will apply if the matter is more serious:

(a)             Stage 1—Oral warning: If conduct or performance does not meet acceptable standards, employees will usually be given a formal oral warning. They will be advised of the reason for the warning, that it is the first stage of the disciplinary procedure and of their right of appeal. A brief note of the oral warning will be kept but it will be spent after 6 months, subject to satisfactory conduct and performance.

(b)              Stage 2—Written warning: If the offence is a serious one, or if a further offence occurs, the supervisor will give a written warning to the employees. This will give details of the complaint, the improvement required and the timescale. It will warn that action under Stage 3 will be considered if there is repetition of such conduct (or) no satisfactory improvement and will advise of the right of appeal. A copy of this written warning will be kept on the employee’s personnel file but it will be disregarded for disciplinary purposes after 6 months subject to satisfactory conduct and performance.

(c)              Stage 3—Final written warning or disciplinary suspension: If there is still a failure to improve and conduct or performance is still unsatisfactory, or if the misconduct is sufficiently serious to justify only one written warning but insufficiently serious to justify dismissal (in effect both first and final written warning), a final written warning will usually be given to employees. This will give details of the complaint, warn that dismissal will result if there is repetition of such conduct (or) no satisfactory improvement and advise of the right of appeal. A copy of this final written warning will be kept on the employee’s personnel file but it will be spent after 6 months (in exceptional cases the period may be longer) subject to satisfactory conduct and performance. Alternatively, consideration will be given to imposing a penalty of a disciplinary suspension without pay for up to a maximum of 5 working days.

(d)             Stage 4—Dismissal: If conduct or performance is still unsatisfactory and the employees still fail to reach the prescribed standards, dismissal will normally result. Only the appropriate Manager / Proprietors can take the decision to dismiss. As an alternative to the dismissal, the Manager / Proprietors may consider that demotion (or) reallocation of duties is an appropriate sanction. The employees will be provided, as soon as reasonably practicable following the disciplinary interview, with written reasons for dismissal or any action short of dismissal, and details of the date on which employment will terminate (if relevant) and the right of appeal.

4          Gross misconduct

4.1             The following (not exhaustive) list provides examples of offences that are normally regarded as gross misconduct:
a.    theft, fraud, deliberate falsification of records; including time sheets, absence records, failure to turn in for your shift without a good enough reason, learner records and so on in respect of yourself or any fellow employee
b.    Fighting, assault on another person, bullying, harassment, victimization or discrimination;
c.    Deliberate damage to Company property, deliberate damage/destruction/sabotage of company property or any property on company premises
d.    Being concerned or interested in action that is damaging or anti-competitive to the business;
e.    Serious incapability through alcohol or being under the influence of illegal drugs;
f.    Serious negligence that causes unacceptable loss, damage or injury;
g.    Deliberately accessing internet sites containing pornographic, offensive or obscene material;
h.    Serious act of insubordination and/or continual refusal to carry out legitimate instructions.
i.    Bringing business into serious disrepute.

4.2             If you are accused of an act of gross misconduct, you may be suspended from work on full pay (or) without pay at the Employers discretion, normally for no more than 5 working days (although in exceptional cases this period may be longer, for example to carry out a full investigation), while The business investigates the alleged offence. If, on completion of the investigation and the full disciplinary procedure, the business is satisfied that gross misconduct has occurred, the result will normally be summary dismissal without notice or payment in lieu of notice.

4.3            In exceptional cases of gross misconduct, the business may consider it appropriate to dismiss employees immediately, without an investigation or a disciplinary interview. If this happens, employees will be notified in writing of the alleged gross misconduct that has led to the dismissal, the reasons for thinking at the time of dismissal that they were guilty of the alleged misconduct and the right of appeal. If employees wish to appeal against such a dismissal, they should inform the Manager / Proprietors within 5 working days of receiving the written notification.

20.          Appeals

Employees who wish to appeal against a disciplinary decision should follow the procedure set out in Section A, paragraph 5 above.
21. GRIEVANCE PROCEDURE
1          Purpose and scope

1.1             Grievances are concerns, problems or complaints that employees raise with their employers. Grievances may relate to, among other things, terms and conditions of employment, health and safety, work relations, new working practices, organizational changes, equal opportunities and sexual harassment. If the grievance relates to discrimination, bullying or harassment, an employee should refer to the bullying, harassment and discrimination policies, which explain the procedure to be followed in these circumstances.

1.2             We will try to resolve, as quickly as possible, any grievance that employees may have about their employment. This procedure is open to any employees who have a grievance about their employment and is designed to enable employees to resolve grievances informally with the person to whom they immediately report. If a grievance cannot be resolved informally, the employee should raise it formally with their Manager / Proprietors.

1.3             This procedure is non-contractual (even where its provisions are a requirement of statute).

2          Principles

2.1             A written record of the grievance interview and any appeal should be agreed between and signed by the interviewer and the employee, and recorded on the employee’s personal file

2.2             At all stages, the employee has the right to be accompanied by a work colleague during the grievance interview and any appeal.

2.3               Information and proceedings relating to a grievance will remain confidential as far as possible.

2.4            All stages of the procedure will be handled without undue delay.

3          Procedure
3.1             Stage one
The employee’s first step is to raise any grievance with the person to whom the employee immediately reports; that person, in most cases, will be best placed to respond to the complaint.
3.2             Stage two
If, however, the matter cannot be satisfactorily resolved, the employee should raise the matter formally by setting out the grievance in writing and sending a copy to Mr Roberts
Once Mr Roberts receives a written copy of the grievance, the employee will be invited to attend a meeting with Mr Roberts to discuss the grievance. This meeting will not take place until Mr Roberts has had a reasonable opportunity to consider the grievance and their response.
After the meeting, Mr Roberts will inform the employee of his decision and any proposed action in respect of the grievance. The employee will also be informed of the right to appeal against this decision.
3.3             Stage three

An employee, who wishes to appeal against a grievance decision, should inform Mr Roberts within 5 working days. The employee will then be invited to attend an appeal hearing. Mr Roberts will hear all appeals and his decision is final. After the appeal, the employee will be informed of the appeal decision.
4          Bringing or continuing a grievance once the employee has left his/her Employment

If an employee is no longer employed and wishes to raise a grievance, the employee must set out the grievance in writing, stating the basis for the grievance, and send the grievance to Mr. M Roberts.
The Employer and the employee can agree to vary the meeting requirements in the formal procedure, as set out above, if the employee is no longer employed or if a grievance has been started before the employment was terminated and the formal procedure has not been completed.
To vary the formal procedure, the Employer and the employee must both agree to the variation in writing. If agreed, the Employer will consider the grievance and set out a response in writing to the employee. There is no right to appeal if the varied procedure is followed.



22. JOB DESCRIPTION


Appendix 1.
















Other Information

Health and Safety
As an employee of Cymru Tyres the post holder has a duty under the Health and Safety at Work Act 1974, to:
    Take reasonable care of the health and safety of themselves and all others who may be affected by their acts or omissions at work;
    Co-operate with their employer to ensure compliance with Health and Safety Legislation and the Health and Safety policies and procedures of the Business, not intentionally or recklessly interfere with, or misuse, anything provided in the interests of health, safety or welfare, in pursuance of the relevant statutory provisions.


Data Protection
The Post Holder must at all times respect the confidentiality of information in line with the requirements of the Data Protection Act.  This includes, if required to do so, obtain, process and/or use information held on a computer in a fair and lawful way, to hold data only for the specified registered purposes and to use or disclose data only to authorised persons or organisations as instructed.



Confidentiality
Cymru Tyres believes that it has a duty of confidentiality to all residents and clients.  Permission will be sought before sharing any information, verbal, in writing or electronically, provided by, or about a resident or the business, with anyone else.

The list of duties and responsibilities is not exhaustive and the post holder may be required to undertake other relevant review and appropriate modification.

I confirm I have read and understood the Job Description.


Name of Post Holder:        ………………………………………………………


Signature:            ………………………………………………………


Date:                ………………………………………………………


















    DECLARATION

I confirm that I have read and understood this Contract of Employment presented to me and agree to the terms and conditions contained within it.






Signature:  ..............................................................................................................


Print Name:  ............................................................................................................


Date:  ........................................................................................................................








 Manager/Proprietors Signature:  ..........................................................................  


Print Name:  .............................................................................................................


Date:  ........................................................................................................................






The employee will be given a P45 at the end of their employment, and they will be allowed access to the premises to collect any personal property or tools they might have left behind.