[Employee Name] Contract of Employment

THIS AGREEMENT IS MADE ON [DATE] 2020

[XXXXXXXX LIMITED]

and

[EMPLOYEE NAME]

Disclaimer: We recommend that you take legal advice before using this document or taking any course of action (or omitting to take any action) that has or may have legal implications. If you use this template document without obtaining legal advice you do so at your own risk. CONTRACT OF EMPLOYMENT

This agreement is made between the following parties:

The Employer: [XXXXXXXX LIMITED] (the “Employer”), whose address is [address]; and

The Employee: [NAME] (“you” or the “Employee”) of [address].

1 Introduction

1.1 This document sets out the terms of your employment with the Employer.

1.2 The full particulars which must be given to you in compliance with the Employment Rights Act 1996 are included in this document.

2 Commencement of Employment

2.1 Your employment with the Employer began on [date].

2.2 Your period of continuous employment began on [date] and no employment with a previous employer counts as part of your period of continuous employment.

3 Probationary Period

3.1 [The first [six] months of your employment will be probationary. During your Guidance: Probationary periods (as provided for in clause 3) are very useful for employers, particularly when the contract provides probationary period your performance and suitability will be monitored. The Employer for more than the statutory notice period of one week per year of reserves the right to extend your probationary period for another [three] months service (as in this contract). Probationary periods enable the Employer to dismiss the employee on short notice (in this case one should it choose to do so. During your probationary period either party may terminate week) when their performance has been unsatisfactory. This clause gives you the option to extend the probationary period by up to your employment by giving the other one week’s notice in writing, which the Employer another 3 months to give more time in situations where it is not may pay in lieu.] OR [You are not subject to a probationary period]. clear whether the employee will be able to improve or sustain the improvement to the required standard.

3.2 [Your employment is conditional upon the Employer receiving [two] references [(one Guidance: We would recommend that you make the employment conditional upon satisfactory references in the majority of cases. of which must be from your last employer)] about you which it considers satisfactory. This clause makes the employment conditional on you receiving 2 If a reference is found to be unsatisfactory your employment may be terminated with satisfactory references (i.e. satisfactory to you) and gives you the option to terminate with immediate effect and without payment of immediate effect and without notice or payment in lieu of notice.] OR [Your notice if one or more of the references are unsatisfactory. employment is not subject to references].

3.3 Your employment is conditional upon you passing the Employer’s recruitment and vetting procedures as may apply from time to time and passing all procedures and authorisations applied to you by the Financial Conduct Authority from time to time.

4 Appointment

4.2 You warrant that you are legally entitled to work in the United Kingdom without any additional approvals and you will notify the Employer immediately if you cease to be Guidance: This clause contains a warranty that the employee is entitled to work in the UK. It is advisable to have such a warranty in so entitled. view of the fact that an employer you will be liable to a civil penalty if you negligently employ someone who is not entitled to work in the UK and will commit a criminal offence if you knowingly employ 4.3 You agree that you will not engage in any activity or undertaking (whether directly or such a person. You will have a defence to the criminal prosecution indirectly) that is competitive with the business of the Employer or otherwise conflicts if you check certain documents proving their identity and right to work in the UK (such as passport etc) before employing the with the interests of the Employer and you agree and accept that if you do so engage individual and (in some cases) at least every 12 months during employment. Inclusion of the warranty at least puts some of the in such conduct during your employment then the Employer will be entitled to dismiss burden on to the employee (as the employee will be in breach of you summarily without notice or payment in lieu of notice. contract if they are not entitled to work in the UK).

5 Place of Work

5.1 You will be based at [location] but you agree to work at such locations as the Guidance: Clauses 5.1 and 5.2 give you the flexibility to move the employee anywhere within a reasonable area. Courts and tribunals Employer may specify from time to time. expect employers to exercise mobility clauses reasonably, or it could be a breach of the implied term of mutual trust and confidence which is in every employment contract. 5.2 The Employer reserves the right to change your place of work to any other place as the Employer reasonably requires from time to time whether on a permanent or temporary basis.

6 Pay [& Bonus] Guidance: Clause 6 currently does not provide for a bonus for junior employees employed on the terms of this agreement. If you intend to give the employees access to a bonus scheme – you should 6.1 Your salary (before deductions) at the date of this document is £[XX,000] per annum, set out the details in this clause (for example whether it is an entirely discretionary scheme or if there are KPIs which must be achieved payable in monthly instalments. This is your basic salary. for the bonus to be paid and what bonus the employee will be paid for achieving those KPI’s etc.

6.2 You will usually be paid on or around the [last day] of each month. The Employer will make a deduction from your salary for any day, or part of a day, not worked during the period to which the payment relates, unless payment is due under any sick pay or holiday provision of this contract or as otherwise required under statute.

6.3 Your salary will, entirely at the discretion of the Employer, be reviewed annually. A review does not mean that a pay increase will be made. Likewise, an increase in one year does not mean you will receive an increase in following years.

7 Normal Working Hours

7.1 Your normal working hours are from [9am to 5pm] inclusive, with an unpaid lunch break of [XX minutes] but you agree that you will work such hours [and on such days] as are necessary to properly discharge your duties.

7.2 You will work [Monday to Friday] each week, unless otherwise agreed. The Employer reserves the right to vary your hours of work upon reasonable notice as the needs of the business require. Disclaimer: We recommend that take legal advice before using this document or taking any course of action (or omitting to take any action) that has or may have legal implications. If you use this template document without obtaining legal advice you do so at your own risk. 7.3 [You may be required to work on Saturdays, Sundays and on public and bank holidays. If this occurs you will be paid for the time worked at your normal rate of pay.] Guidance: You should consider whether it is appropriate to include this clause as it conflicts with clause 7.1 which is an unpaid overtime clause. If it is intended to pay employees for working 8 Termination of Employment overtime at weekends and on bank holidays – we suggest that the words in brackets in clause 7.1 are deleted.

8.1 [If the Employer confirms that your probationary period has been completed successfully, then following such confirmation] the period of notice to be given in Guidance: Only include if the probationary clause at 3.1 is included. writing by the Employer or by you to terminate your employment is as follows:

8.1.1 in the first five years of continuous employment: one month’s notice; and

8.1.2 on completion of five complete years of service: one week for each complete year of continuous service up to a maximum of 12 weeks' notice.

8.2 Nothing in these terms of employment will prevent the Employer from terminating your employment without notice in appropriate circumstances.

8.3 There is no normal retirement age applicable to your employment.

8.4 If you leave your employment without giving full notice or you leave during your notice period you agree that the Employer may deduct a day’s pay for each day that you Guidance: There is a benefit in including this clause to act as a deterrent but you should proceed with caution in actually deducting should have been working during your notice period. This may include a deduction monies from accrued salary or other monies due to the departing from accrued salary or other monies due to you. In any case where the Employer employee – so as to avoid unlawful deduction from wages act claims. You cannot simply deduct sums and would need to be able agrees in writing to waive the need for you to work out your notice period the to justify the basis for the deduction – such as additional expenses incurred as a consequence of the employee leaving without working deduction will not apply. their full notice

9 Payment in lieu of notice & Garden Leave Guidance: Under this Garden Leave clause (clause 9) you have the right to not assign duties or change the individuals duties. In addition the individual is expressly prevented from updating their 9.1 The Employer shall be entitled at its absolute discretion to terminate your status on social media sites (such as LinkedIn) whilst they are still employed by you and on Garden Leave and they are deemed to be employment without notice by making a payment in lieu of notice, whether notice is taking any accrued but unused holiday during this period – to avoid you getting a request for payment in lieu of accrued but untaken given by you or the Employer. holiday at the end of the Garden Leave period.

9.2 If the Employer decides to terminate your employment with immediate effect by exercising its right to make a payment in lieu of notice pursuant to clause 9.1 you will not be entitled to enforce payment under clause 9.1 above as a contractual debt nor as liquidated damages and your sole remedy shall be a claim in damages.

9.3 During any period of notice of termination whether given by you or the Employer, the Employer shall be entitled to put you on Garden Leave when it shall be under no obligation to assign any duties to you and shall be entitled to exclude you from its premises and require you to remain available for work (unless on holiday).

9.4 During any period of Garden Leave whether notice of termination was given by you or the Employer, the Employer shall be at liberty to assign to you such other duties as

9.5 During any period of Garden Leave you must not change your status or refer to any prospective change of employer on social media (including but not limited to Twitter, LinkedIn or Facebook or other networking sites) or contact (directly or indirectly) any customers, suppliers or employees. This shall not affect your entitlement to receive your normal salary and contractual benefits.

9.6 Any accrued but unused holiday entitlement shall be deemed to be taken during any period of Garden Leave.

10 Holidays and Other Leave – [TO BE REVISED FOR PART TIME STAFF]

10.1 The holiday year is from [1st January to the 31st December]: Guidance: Please amend if your holiday is different – for example the tax year or the company’s financial year

10.1.1 You are entitled to all the usual English public holidays as a single day of paid holiday. If you are required to work on one of these days, you will be allowed an alternative day’s holiday in place of it.

10.1.2 Based on your full-time hours, your annual holiday entitlement is 28 days. This allowance is inclusive of the usual English public holidays (of which there are 8 days). This 28 day allowance is your basic holiday entitlement.

10.2 All holiday dates must be approved by the Employer in advance. In particular, the Employer may refuse a particular holiday period if it conflicts with holiday times reserved by other employees or if you cannot be spared by the Employer at that time. You are required to give at least [one month’s] notice of any holiday you wish to Guidance: This reflects the standard position for business planning purposes but you still have the ability to waive the one take. month’s notice requirement in individual circumstances (e.g. if the employee needs time off to attend a wedding or a funeral etc). 10.3 Unused holiday time may be carried forward from one holiday year to another by agreement with the Employer or if you have been prevented from taking it in the Guidance: In April 2020 the Government introduced emergency legislation to allow employees to carry over up to 4 weeks holiday in relevant holiday year by a period of sickness absence or statutory maternity, circumstances where due to the Covid-19 pandemic the employee paternity, adoption, shared parental, parental or parental bereavement leave. In was not able to take the holidays, Consider whether that would be relevant to your business. In normal circumstances the 18 month cases of sickness absence, carry-over is limited to four weeks' holiday per year less carry over period should be used any leave taken during the holiday year that has just ended. Any such carried over holiday which is not taken within [eighteen months] of the end of the relevant holiday year will be lost. No payment will be made to you at the end of any holiday year if your holiday entitlement for that year has not been taken.

10.4 In the years of commencement or termination of employment your basic holiday entitlement will be calculated pro rata. Upon termination of employment you shall either be entitled to pay in lieu of any outstanding accrued holiday entitlement or be required to repay to the Employer pay received in respect of holiday taken in excess of your accrued holiday entitlement. This sum may be deducted from any monies due to you on termination of your employment.

10.6 You may be eligible for other paid leave, including maternity leave, adoption leave, paternity leave, parental bereavement leave [and/,] shared parental leave [and [LIST Guidance: This clause (10.6) sets out the different categories of statutory paid leave for employees. The additional types of paid leave OTHER TYPES OF PAID LEAVE]], in accordance with the Employer’s current you might want to include here are bereavement or other policies, as amended from time to time, subject to your complying with the relevant compassionate leave, paid sabbaticals or career breaks, and paid time off for jury service statutory and other conditions and requirements in order to be entitled to the leave and pay. The policies and procedures (which are non-contractual) are available in the [Staff Handbook] or from [ x].

11 Notification of Sickness or Other Absence

11.1 If you are absent from work and your absence has not previously been authorised, you or someone on your behalf must inform the Employer of the reason for your absence and its expected duration as soon as possible, but not later than [two] hours before your working day is due to begin. Notification of sickness or other absence by text message is not permitted.

11.2 Where the absence is because of illness or injury:-

11.2.1 If you are absent for five working days or less, you must complete a self- certificate, available from the Employer, and deliver it to the Employer immediately upon your return to work; and

11.2.2 If you are absent for more than five consecutive working days you must provide the Employer with a medical certificate from your doctor covering your period of absence. Further medical certificates must be provided to the Employer to cover any continued absence.

11.3 Where the absence is for some reason other than illness or injury, you must supply such evidence about the absence and its cause as the Employer may reasonably require.

12 Sick Pay and Health & Safety

12.1 The Employer operates the statutory sick pay (“SSP”) scheme and you are required to co-operate in the maintenance of necessary records. For SSP purposes, your qualifying days are [Monday to Friday]. Guidance: This should reflect their normal working days

12.2 You are not entitled to any contractual sick pay. If the Employer, at its discretion, makes any non-statutory sick pay payments to you, those payments may be varied or discontinued at any time.

12.3 The Employer is not prohibited from terminating your employment during any period

12.4 If your absence is caused by the action or negligence of a third party in respect of which damages are recoverable you must advise the Employer immediately, and you will be required to refund to the Employer a sum equal to any discretionary sick pay payments made to you during your period of absence. In the event of the claim for damages being settled on a proportionate basis the Employer will require full details and will determine the actual proportion of payment to be refunded by you.

12.5 The Employer may require you to attend (at the Employer’s expense) a medical examination for the purposes of determining your fitness to work. You agree that any report produced by the relevant medical practitioner can be disclosed to the Employer.

12.6 The Employer takes its own health and safety obligations very seriously. All staff must abide by any health and safety policy or instructions in place from time to time and must take reasonable care for the health and safety of themselves, their colleagues and relevant third parties.

13 Pension & Benefits

13.1 There is a pension scheme applicable to your employment. Details of the scheme are available on request. You will be automatically enrolled into that scheme on joining the Employer. Guidance: This clause (13.1) is for use by an employer that intends to comply with its auto-enrolment duties under the Pensions Act 2008. 13.2 [INCLUDE DETAILS OF ANY OTHER BENEFITS – CONTRACTUAL OR NON- In the unlikely event the employee is not eligible for auto-enrolment, this must be stated. CONTRACTUAL] Guidance: The benefits to be included in in this clause 13.2 are those which have some kind of economic value. This could include a 13.3 You are not entitled to any benefits other than those set out in this agreement. car, car allowance, medical expenses insurance, death in service, a travel to work loan scheme, or childcare vouchers etc. You should also include non-contractual benefits that you provide although you 14 Policies applicable to your Employment & Training might want to refer the employee to a named individual, a staff handbook (if you have one) or intranet etc. for further details.

14.1 It is a condition of your employment that you observe and comply with all rules and policies of the Employer issued from time to time and currently in force.

14.2 The policies and [Staff Handbook] are for guidance only, are not incorporated into Guidance: Delete reference to staff handbook if you do not have a Staff Handbook and do not anticipate introducing one within a your contract, and may be changed at any time without notice. reasonable period.

15 Dismissal & Disciplinary Rules and Procedures

15.1 The Employer operates a dismissal and disciplinary procedure (including an appeal process) which does not form part of your contract of employment. Details of the dismissal & disciplinary rules and procedures may be found in the [Staff Handbook] or obtained from [ x ]. Guidance: If you don’t have a Staff Handbook set out details of where the employee may obtain a copy of the dismissal and disciplinary procedure from.

15.3 When any alleged misconduct is being investigated you may be suspended from work on full pay. During any period of suspension you will not be allowed to enter the Employer’s premises without the Employer’s consent.

15.4 You agree that you may be suspended from work on full pay and/or your employment terminated with or without notice at the Employer’s discretion should your selling permissions be suspended and/or terminated by [Network name – if appropriate] Guidance: If you are part of a network – you should include the name of the network here and/or the Financial Conduct Authority as the case may be.

16 Grievance Procedure

The Employer operates a grievance procedure (including an appeal process) which does not form part of your contract of employment. Details of the procedure may be found in the [Staff Handbook] or from [ x ]. Guidance: As above – if you don’t have a Staff Handbook – set out where the employee may obtain a copy of the grievance procedure from. 17 Expenses

The Employer will reimburse to you all expenses reasonably incurred by you in the proper performance of your duties, providing that on request you provide the Employer with such vouchers or other evidence of actual payment of the expenses as the Employer may reasonably require and comply with the relevant policy and procedure (if any).

18 Confidential Information

18.1 You acknowledge that in the course of your employment you will have access to Confidential Information relating to the Employer and/or its business dealings. You have therefore agreed to accept the restrictions in this clause 18. 18.2 You shall not during your employment (except in the proper performance of your duties) nor at any time (without limit) after the termination of your employment:

18.2.1 divulge or communicate to any person, company, business entity or other organisation;

18.2.2 use for your own purposes or for any purposes other than those of the Employer; nor

18.2.3 through any failure to exercise due care and diligence, cause any unauthorised disclosure of;

any trade secrets or Confidential Information relating to the Employer.

Disclaimer: We recommend that take legal advice before using this document or taking any course of action (or omitting to take any action) that has or may have legal implications. If you use this template document without obtaining legal advice you do so at your own risk. 18.3 “Confidential Information” shall mean details of suppliers and their terms of business, details of any customers of the Employer or of any events organised or Guidance: It is important that you keep this clause under review (ideally every 12 months) to ensure that it adequately protects participated in by the Employer, details of any potential customers of the Employer, your business by setting out the categories of confidential details of any negotiations held with any third parties, details of customer information that you are seeking to protect. requirements, the prices charged to or by and terms of business with customers or suppliers, marketing plans, licences, manuals, operating procedures, sales forecasts, financial information, results and forecasts (save to the extent that these are included in any published audited accounts), any proposals relating to the acquisition or disposal of a company or business or any part thereof or to any proposed expansion or contraction of activities, details of employees and officers or of the remuneration and other benefits paid to them, information relating to research activities, inventions, secret processes, designs and product lines, any information which you are or were told is confidential and any information which has been given to the Employer in confidence by employees, customers, suppliers or other persons.

18.4 All property of the Employer of whatever nature, including but not limited to any vehicles, computer equipment, mobile telephones or other electronic devices, keys, passes, notes, memoranda, records, manuals, operating procedures, lists of customers, investors, contractors, agents, suppliers or employees, all correspondence, computer and other discs, electronic storage devices, databases, data listings, codes, designs and drawings and all other documents and material whatsoever (whether made or created by you or otherwise and whether in an electronic format or otherwise) relating to or used in connection with the business of the Employer (and any copies of the same):

18.4.1 shall be and remain the property of the Employer; and

18.4.2 shall be handed over by you to the Employer immediately on request and in any event on the termination of your employment.

18.5 The restrictions in this clause 18 will not apply to:

18.5.1 use or disclosure authorised by the Employer or required by law, a court or tribunal of competent jurisdiction or any competent statutory body;

18.5.2 any information that, otherwise than through your unauthorised use or disclosure, already is, or comes into, the public domain; and/or

18.5.3 making a protected disclosure within the meaning of section 43A of the Employment Rights Act 1996.

19 Data Processing Guidance: This clause sets out the key principles in relation to personal data. It assumes that you have a data privacy notice in compliance with the new data protection rules which came into 19.1 The Employer will adhere to the principles relating to processing of personal data set force in 2018. It also contains some of the key provisions which would be included in a data protection policy. out in the General Data Protection Regulation 2018 (GDPR) (the Principles) which . require the personal data of data subjects to be:

19.1.2 collected only for specified, explicit and legitimate purposes (Purpose Limitation);

19.1.3 adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed (Data Minimisation);

19.1.4 accurate and where necessary kept up to date (Accuracy);

19.1.5 not kept in a form which permits identification of data subjects for longer than is necessary for the purposes for which the data is processed (Storage Limitation);

19.1.6 Processed in a manner that ensures its security to protect against unauthorised or unlawful processing and against accidental loss, destruction or damage (Security, Integrity and Confidentiality);

19.1.7 not transferred to another country without appropriate safeguards being in place (Transfer Limitation); and

19.1.8 made available to data subjects and allow data subjects to exercise certain rights in relation to their personal data (Data Subject's Rights and Requests).

19.2 The Employer is responsible for and must be able to demonstrate compliance with the data protection principles listed above (Accountability).

19.3 The Employer will collect and process personal data and special category personal data relating to you and in connection with its business in accordance with the Principles set out above and its data protection privacy notice [and Data Protection Policy].

19.4 The Employer will maintain appropriate safeguards in relation to personal data in accordance with the Principles. During the course of your employment you may process personal data received by the Employer in the course of its business. You must ensure that you comply with the above Principles and avoid any unlawful or unauthorised processing of personal data.

19.5 You may only collect the personal data that you require for your job duties for the Employer: do not collect excessive data. Ensure any personal data collected is adequate and relevant for the intended purposes. You must not use the personal data for other purposes or for the benefit of another business or organisation other than the Employer. You may only transfer personal data to third-parties with the approval of the Employer and for the purposes of the Employer’s business.

19.6 You must protect against the accidental loss of, or damage to, personal data and exercise particular care in protecting special categories of personal data and criminal

19.7 Personal data must be accurate and kept up to date. It must be corrected or deleted without delay when inaccurate. You should ensure that the personal data which you deal with or process in the course of your duties is accurate, complete, kept up to date and relevant to the purpose for which it is collected. You should check the accuracy of any personal data and amend inaccurate or out-of-date personal data. You will also use all reasonable endeavours to keep the Employer informed of any changes to your personal data.

20 Social Media Guidance: This clause covers the employee’s social media activity and expressly states that you can monitor and record the use of your telephone systems and internet use by the employees 20.1 You must avoid making any social media communications that could damage the Employer’s business interests or reputation, directly or indirectly.

20.2 You must not post comments about sensitive business-related topics, such as the Employer’s performance, or do anything to jeopardise the Employer’s Confidential Information and intellectual property. You must not include the Employer’s logos or other trademarks in any social media posting or in your profile on any social media without the Employer’s express consent and if requested to do so you, you must remove them immediately.

20.3 The contact details of business contacts made during the course of your employment

are Confidential Information. On termination of employment you must provide the Guidance: The provisions in this clause 20.3 may be difficult to police and enforce in practice. They do however reinforce the point Employer with a copy of all such information, delete all such information from your that the contact details of business contacts made during the course personal social networking accounts and destroy any further copies of such of employment belong to you as the employer. It is designed to supplement the obligations on termination set out in clause 18.5.2 information that you may have above.

20.4 The Employer reserves the right to monitor and record the use of its electronic communication systems, including all telephone calls, emails and internet use. By signing this agreement you consent to such monitoring and recording, which you agree is necessary to protect the Employers’ business and ensure that the Employer’s systems are not being used for unlawful purposes or otherwise being misused by staff.

21 Collective Agreements Guidance: Even though it is highly unlikely that you will have a Collective Agreement (as such agreements cover the relationship between an employer and a trade union – you are legally obliged to There are no collective agreements which directly affect the terms and conditions of your state whether or not there is a collective agreement in place. employment.

Guidance: You are also legally obliged to state whether 22 Overseas Work employees will be required to work outside of the UK for more than 4 weeks. If it is the case that it is clear that the employee will not be required to travel overseas this clause can be amended to state “you You may be required to travel overseas as part of your duties but you will be advised if such will not be required to work outside of the United Kingdom.”

23 Deductions From Wages & Loss and Damage to Equipment

23.1 By signing this agreement you agree that the Employer may make deductions from any monies due to you from the Employer (including but without limitation from outstanding salary, commission, bonus pay, pay in lieu of notice or accrued holiday pay) in respect of any sums due from you to the Employer under any clause of this agreement or otherwise.

23.2 If, through your negligence or general lack of care, equipment supplied to you by the Employer is lost, stolen or damaged, the Employer reserves the right to deduct an amount up to the value of that item from your salary or from any other monies due to you from the Employer. Guidance: You should exercise caution when enforcing this clause to ensure that any deduction from the employee’s salary is reasonable and can be justified- otherwise there could be an 24 Training unlawful deduction from wages claim.

24.1 The Employer may offer in-house training [and, in some cases, time off work to undertake training], subject to certain eligibility requirements and other conditions. Details of this training are set out in the Employer’s training policy, as amended from time to time. The policy is available in the [Staff Handbook] or from [ x ]. Guidance: Amend this clause 23 as appropriate to suit the arrangements in your business and if you do not have a training policy delete this reference. 24.2 [The Employer requires you undertake compulsory induction training when you start working for it. The Employer bears the cost of this training.] OR [All training is voluntary.]

24.3 [You are also required to complete training in relation to [set out details of compulsory training and the timeframe within which employee is required to complete it][, at your own expense]]. OR [The Employer bears the cost of this training.]

24.4 In the event that the Employer agrees to pay for you to attend external training Guidance: This clause and the subsequent related clauses (23.4 – 23.7) enable you to deduct from the salary due to the employee on courses [as set out in clause 24.3 above] you agree that if your employment termination of their employment, the cost of external training courses that you have incurred. It is designed to act as a deterrent terminates after the Employer has incurred liability for the cost of you doing so you for the employee to leave the company shortly after completing the will be liable to repay some or all of the fees, expenses and other costs (the Costs) course. There is a sliding scale in the clause which can be adapted to suit the needs of the business and/or the cost of the course. associated with such training courses in accordance with clause 24.3.

24.5 Except in the circumstances set out in clause 24.6 you shall repay the Employer as follows:

24.5.1 if you cease employment before you attend the training course but the Employer has already incurred liability for the Costs, [100]% of the Costs or such proportion of the Costs that the Employer cannot recover from the course provider shall be repaid;

24.5.2 if you cease employment during the training course or within 12 months of completing the training course, [100]% of the Costs shall be repaid;

24.5.4 if you cease employment more than 18 months but no more than 24 months after completion of the training course, [25]% of the Costs shall be repaid.

Thereafter, no repayment shall be required.

24.6 You shall not be required to repay any of the Costs under this clause 24 in either of the following circumstances:

24.6.1 The Employer terminates your employment, except where:

24.6.1.1 The Employer was entitled to and did terminate your employment summarily; or

24.6.1.2 The Employer terminated your employment pursuant to an application by you for voluntary redundancy;

24.6.2 you terminate your employment in response to a fundamental breach by the Employer.

24.7 You agree to the Employer deducting the sums under this clause from your final salary or any outstanding payments due to you.

25 Third Party Rights

Third parties cannot benefit from this agreement under the Contracts (Rights of Third Parties) Act 1999.

26 Variation or Amendment of Terms

The Employer may, at its discretion, add to, amend or vary the terms of this agreement, at any time by giving one month’s notice in writing setting out the new or varied terms and the date on which those terms come into effect.

27 Relevant Law

This agreement shall be governed by and construed under the laws of England and Wales and each of the parties hereby submit to the exclusive jurisdiction of the English courts.

28 Overriding Agreement & Headings

28.1 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to

28.2 The headings to clauses in this agreement are for convenience only and have no legal effect.

29 [Staff Handbook] Guidance: Delete this provision if you do not have a Staff Handbook.

The [Staff Handbook] is non-contractual and does not form part of this agreement. In the event of any conflict between the terms of this agreement and the provisions of the [Staff Handbook], the terms of this agreement shall prevail.

By signing below the above named parties enter into this agreement on the date first above written:

Signed for and on behalf of )

[XXXXXXXX LIMITED] )

Signed by )

[NAME] )