FIXED TERM CONTRACT OF EMPLOYMENT
of 6 Months
This agreement is made on 16.09.2021 between: -
- Arctics Limited t/a Igloo of 7 Marina Court, Maple Drive, Hinckley, Leicestershire, LE10 3BF
- James Gardiner (you) of 35 Woodlands Road, Warden Hill, CHELTENHAM, GL51 3RS
It is agreed as follows: -
- DEFINITIONS
In this agreement the following definitions apply: -
1.1 “Client” means SMH Fleet Solutions Limited, Naas Lane, GL2 2BZ
1.2 Unless the context otherwise requires references to the singular include the plural and references to the masculine include the feminine and vice versa.
1.3 The headings contained in these Terms are for convenience only and do not affect their interpretation.
- APPOINTMENT
2.1 The Company shall employ you and you shall serve the Company from 16th September 2021 to 16th March 2022 as a Parts Storeman -at the address below or such other address as may be notified to you by the Company or the Client.
2.2 For the purpose of determining your continuous employment under the Employment Rights Act 1996 your employment with the Company is not continuous with any previous employment.
- PLACE OF WORK
3.1 SMH Fleet Solutions
Naas Lane, Quedgeley
Gloucester
GL2 2BZ
3.2 Your normal place of work will be the Client’s premises as stated above or such other place as the Company may from time to time reasonably require.
3.3 You may be required to work at other locations from time to time to meet the needs of the Company’s business and to ensure operational efficiencies are maintained and to travel on the business of the Company to such places as may be reasonably necessary for the proper performance of your duties.
3.4 Any permanent change to your normal place of work will be notified to you in writing by the Company, at the earliest known opportunity but in any event at least 2 weeks before the proposed change whenever possible.
- DUTIES
4.1 The Employee shall during his employment under this agreement work as a Parts Stores man for the Client and be required to undertake all associated duties that are issued to them and undertake any cross-training with other key roles for the Client as required.
4.2 During your employment the supervision, direction and control over the manner time and place in which you carry out your work will be exercised by the Client (notwithstanding the fact you are an employee of the Company and not the Client).
- YOUR OBLIGATIONS
5.1 During your employment you shall: -
5.1.1 Devote the whole of your energies and working hours to the business of the Company and such duties as are consistent with your position;
5.1.2 Use all reasonable skill and care in the provision of your services to the Client;
5.1.3 Co-operate with the Client’s staff and accept the direction, supervision and instruction of any person in the Client’s organisation to whom you are responsible in relation to the manner time and place in which you carry out your work;
5.1.4 Conform to the Company and the Client’s rules and regulations and standards of work and practice;
5.1.5 Take all reasonable steps to safeguard your own safety and the safety of any other person who may be affected by your actions whilst employed; and
5.1.6 Not engage in any conduct detrimental to the interests of the Client or of the Company.
- HOURS OF WORK
6.1 You will normally be required to work a minimum of 42.5 hours per week (referred to as the “Guaranteed Minimum Hours”) The Guaranteed Minimum Hours apply during the period Monday – Friday (the “Guaranteed Period”).
6.2 In addition to the Guaranteed Period you may be required to work an extra shift on a Saturday or Sunday, every alternate week (as instructed by the Client or the Company).
6.3 You may also be required to work in excess of the Guaranteed Minimum Hours and the additional shift referred to in clause 6.2. Overtime rates of pay will apply (as detailed in clause 7.1)
6.4 If you fail to make yourself available for work for any shift within the Guaranteed Period you will only be paid for hours worked and not for the Guaranteed Minimum Hours. In the event you fail to make yourself available for any shift you may be in breach of the terms and conditions of your employment and therefore liable to disciplinary action.
6.5 You will be paid for the Guaranteed Minimum Hours each week even if you are not required to work these hours provided you do make yourself available for work during the Guaranteed Period as required.
- REMUNERATION
7.1 Remuneration will be calculated as follows: -
Guaranteed Minimum Hours: £10.00 PER HOUR
Saturday/Sunday rate: N/A
Overtime rate: N/A
Bank Holiday Days: N/A
7.2 Remuneration calculated at the hourly rate detailed in 7.1 will be paid directly into your designated bank account on a Friday one week in arrears by the BACS transfer method and will be detailed weekly on a pay statement sent or handed to you subject to normal deductions in respect of income tax and National Insurance contributions and other deductions which the Company may be required by law to make.
7.3 If you fail to make yourself available to carry out work requested of you within the Guaranteed Period you shall forfeit your right to payment for the Guaranteed Minimum Hours and shall only be paid for the hours actually worked by you.
7.4 At the end of each week you shall comply with the Client’s requirements in relation to the recording of your hours of work and the completion of the Client’s records.
- PROPERTY AND ACCEPTANCE OF GIFTS
8.1 You are responsible for any property belonging to the Company that is under your control or in your possession and must take proper care of any such items.
8.2 You alone are responsible for the safety of any of your property that is on the Company’s premises or any other place of work.
8.3 The Company accepts no responsibility for loss damage or theft of personal property belonging to members of staff wherever this may occur. You are recommended to arrange suitable insurance cover for personal property.
8.4 You may not without prior written consent of the Company accept any gift and/or favour of whatever kind from any client of the Company.
- ANNUAL LEAVE ENTITLEMENT
9.1 The Company’s leave year runs from 1st January - 31st December each year.
9.2 As a full-time employee you are entitled to 28 days’ annual leave (paid on a pro-rated basis). This entitlement includes the usual bank/public holidays.
9.3 This entitlement includes the usual bank/public holidays. You will be paid your normal basic remuneration during your leave periods.
9.4 All bank/public holidays are treated as normal working days apart from Christmas Day, Boxing Day and New Year’s Day. You are therefore required to allocate 3 days from your annual leave entitlement for this purpose.
9.5 If your employment with the Company starts or finishes part way through the Company’s leave year, your entitlement during that year shall be calculated on a pro-rated basis.
9.6 You cannot carry untaken holiday entitlement forward from one year to the next.
9.7 The Company shall not pay you in lieu of untaken annual leave except on the termination of your employment. If you have taken more holiday than your accrued entitlement at the date your employment terminates, the Company shall be entitled to deduct from any payments due to you an amount equivalent to each excess day.
9.8 You must give the Company and the Client notice in writing of your intention to take leave by completing the Company’s official form and the notice must be at least twice as long in advance as the period of leave to be taken i.e. one week leave requires two weeks notice
9.9 The following procedure must be adhered to when booking holidays: -
Step 1 obtain a leave request form from the Company
Step 2 complete the form fully for the period of leave to be booked
Step 3 forward the signed form to the Company so that the leave booking can be countersigned
9.10 Leave entitlement may be taken only when permission has been received from the Company in writing. Any leave taken without permission from the Company will be a breach of the terms of this agreement. The Company reserves the right to take disciplinary action against any employee in breach of the terms of their employment contract.
- SICKNESS
10.1 You are entitled to statutory sick pay (‘SSP’) for absence due to sickness or injury provided that the criteria of the Government SSP regulations are met.
10.2 You must inform the Company of any absence due to sickness or injury as soon as possible and in any event not less than one hour prior to the required start time on the day of absence. The Company has the right to request a self-certification form in respect of your sickness or injury if you are absent for less than five working days.
10.3 You must produce a medical certificate from your doctor if you are absent for more than five working days.
10.4 You will, if so, requested by the Company, give your doctor written authority to provide the Company with a medical report and prognosis on your illness/injury.
10.5 You also agree at the request of the Company to submit to an independent medical examination by a doctor nominated the Company and to authorise your own doctor and any hospital you have been attending to supply your medical records to the Company nominated doctor for the purpose of such examination.
- UNIFORM
11.1 You will be provided with a uniform (if applicable to the position) and high visibility vest free of charge upon the signing of this agreement.
11.2 You must keep your uniform clean and in a good state of repair at all times.
11.3 The Company will replace uniforms damaged by reasonable wear and tear, but you must replace all uniforms damaged by neglect.
11.4 The Company will offer such replacement items at cost to you.
11.5 On termination of your employment you must return your uniform and high visibility vest freshly laundered and in a good state of repair. If these garments are damaged beyond reasonable wear and tear the cost of the repair or the cost price of these garments will be deducted from your final salary.
- CONFIDENTIALITY
12.1 During the course of your employment you will have access to confidential information relating to the Client and its clients. You must not during your employment or afterwards divulge to any outside person or body any information relating to the Client or the clients of the Client, their operations, finances, rates and employees, all of which may be of a confidential nature.
- TERMINATION
13.1 The Company reserves the right to terminate this agreement with or without notice at any time should its agreement with the Client be terminated for any reason or if the Company or the Client is unable to perform its contractual obligations to the other by reason of circumstances beyond the reasonable control of either of them, for example changes in the anticipated volume of workload for either party.
13.2 The Company reserves the right to terminate this agreement with or without notice at any time during the fixed term period if you, the employee, breaches any of the Company policies or the Company has grounds to believe that you are unsuitable for the position or if for any reason the Client chooses not to continue to your employment on their site.
13.3 For the purpose of this clause you recognise that your employment has been arranged by the Company pursuant to the terms of an agreement between the Company and the Client and whereas it is anticipated that your employment will be of a continuing nature the Company has the right to terminate this agreement should its agreement with the Client be terminated or suspended for any reason.
13.4 Either party may terminate this agreement by giving notice to the other party
as follows: -
Termination by you: 2-week written notice
Termination by the Company: 2-week written notice
The Company reserves the contractual right to pay in lieu of all or part of the above notice by either party.
- DISCIPLINARY AND COMPLAINTS PROCEDURES
The Disciplinary and Grievance procedures applicable to your employment can be found in the Staff Handbook. The procedures do not form part of your terms of employment.
- HEALTH AND SAFETY POLICY
You undertake to comply with the Company & Client briefing Information (incorporating Health & Safety Rules) which is annexed hereto.
- COLLECTIVE AGREEMENTS
No collective agreement directly affects the terms and conditions of your employment.
- PENSION
You will be automatically enrolled into the Peoples Pension. Further details are available on request from your Manager.
October 11, 2026
