EMPLOYMENT CONTRACT

THIS EMPLOYMENT CONTRACT (this "Agreement”) dated this

2. This Remuneration will be payable once per week while this Agreement is in force. Payment will be made on Friday of each week. The Employer is entitled to deduct from the Employee's Remuneration, or from any other remuneration in whatever form, any applicable deductions and remittances as required by law.
   
   
3. The Employee understands and agrees that any additional remuneration paid to the Employee in the form of bonuses or other similar incentive remuneration will rest in the sole discretion of the Employer and that the Employee will not earn or accrue any right to incentive remuneration by reason of the Employee's employment.
   
   
4. The Employer will reimburse the Employee for all reasonable expenses, in accordance with the Employer's lawful policies as in effect from time to time, including but not limited to, any travel and entertainment expenses incurred by the Employee in connection with the business of the Employer. Expenses will be paid within a reasonable time after submission of acceptable supporting documentation.

Pension

1. The Employee will be automatically enrolled in the following pension scheme: NEST.
   
   
2. Details of the pension scheme are set out in NEST handbooks, which will be provided or made available to the Employee. All details can be found within the Employee Handbook.

Place of Work

1. The Employee's primary place of work will not be fixed, and you will be required to work anywhere within Arrows covered area within the

2. The Employee may also be required to work at the following place or places:
   • As Directed from Arrow Services (Midlands Ltd), Unit 1, West Court, Saxon Business Park, Hanbury Road, Stoke Prior, B60 4A
3. The Employer will inform the Employee in advance of the Employee being required to work at other locations.

Time of Work

1. The Employee's normal hours of work, including breaks (1 hour), ("Normal Hours of Work") are as follows: 8:00 am to 5:00 pm, Monday to Friday. This does not include travel, travel is to be outside of these working hours, ensuring working on site hours are 8:00 am to 5:00 pm (or equivalent, as long as 8 hours work on site is achieved).
   
   
2. However, the Employee will, on receiving reasonable notice from the Employer, work additional hours and/or hours outside of the Employee's Normal Hours of Work as deemed necessary by the Employer to meet the business needs of the Employer.
   
   
3. Out of hours is a requirement of the business and as an employee of Arrow Services you will be required to work 1 week in a minimum of 4 weeks on call. On call runs from 17:00 to 08:00 the following morning and we require calls answered within this timeframe. This may fluctuate dependent upon sickness, trade specific roles and general staffing numbers within the business.

Employee Benefits

1. The Employee will be entitled to only those additional benefits that are currently available as described in the lawful provisions of the Employer's employment handbook, and policy documents or as required by law.
   
   
2. Employer discretionary benefits are subject to change, without compensation, upon the Employer providing the Employee with 60 days written notice of that change and providing that any change to those benefits is taken generally with respect to other employees and does not single out the Employee.

 Holidays

1. The Holiday year will commence on 1st day of April and run for one year (the "Holiday Year").
   
   
2. During each Holiday Year, the Employee is entitled to 28 days of paid annual leave, such entitlement accruing on a pro rata basis, with Bank and Public Holidays to be included in the calculation of the Employee's 28 days of paid annual leave.
   
   
3. You may be required to reserve sufficient holiday entitlement to take at a time set by the Company. We will endeavour to give you as much notice of this as possible and also of any subsequent amendment to the requirement to take leave on certain dates.
   
   
4. The Employee is required to give a minimum of 2 weeks’ notice when submitting a holiday request.
   
   
5. The times and dates for any holidays will be determined by mutual agreement between the Employer and the Employee.
   
   
6. Upon termination of employment, the Employer will pay compensation to the Employee for any accrued but unused holiday days.

Company Vehicles

1. Any vehicle registered to Arrow Services (Midlands) Ltd is not to be used for personal or recreational use outside of company working hours.
    
2. Only employees of Arrow Services (Midlands) Ltd are to be transported in the vehicle at any given time (should additional carriage be required of non-company employee), additional authorisation will be required from Management Darren O’Neill or Claire Ward.
   
   
3. Any employee found not adhering to the above additions, could face a company disciplinary review as per company disciplinary (Please refer the companies separate vehicle policy)

Driving Penalties and Fines

Arrow Services (Midlands) Limited is the registered keeper and legal owner of all fleet vehicles and therefore responsible for the legality and upkeep of said vehicles.

The driver/user of any vehicle must make the Management team aware of any issues relating to maintenance or anything that may render a vehicle unusable, unsafe, or illegal. This can be done via the use of the Ram Assist app during daily vehicle checks that you must complete by 08:00 each working day. Whilst driving a company owned vehicle the driver will be classified as the User and liable for any fines or penalties incurred such as speeding, parking, bus lane incursions, dangerous or careless driving etc.

Any fines or penalties received by the Birmingham Office (registered keeper) will be dealt with in the following manner:

Fine/penalty received – User informed – information obtained to ascertain if fine is being challenged by user

1. If fine/penalty is being challenged all paperwork will be forwarded to the driver for completion and update provided to Office
   
   
2. In the case of a Notice of Intended Prosecution (NIP), office staff will complete relevant paperwork and return to the enquiring Police Force
   
   
3. If no challenge – Office staff will make full payment of fine in order to receive the 50% reduction in cost.
   
   
4. Cost of fine will be deducted from employees/users’ wage. (Please refer to the companies vehicle and drivers fines policy).
   
   
5. As representatives of Arrow Services Ltd it is vital that all vehicles are driven in safe and legal manner to ensure the safety of our employees and the public alike.

Family Leave

1. Please refer to the Employee Handbook and the Family Friendly Policy which details all information in relation to maternity and paternity entitlements.

Sickness and Disability

1. If the Employee is unable to perform the Employee's duties because of illness or injury, the Employee will inform (by telephone) the Midlands Office the reason for the employee's absence no later than 08:00am on the day of the absence or as soon as is reasonably       possible. If the absence extends beyond 7 days, the Employee will obtain and provide the employer with a certificate or note from the Employee's doctor corroborating such illness or injury.

2. Once the period of sickness extend past 3 working days then statutory sick pay will be paid at the rate as per government guidance at the time of the employees’ sickness per week less tax and national insurance. The first 3 days sick will be unpaid in line with Arrow Services company sickness policy.

Covid Related Sickness

1. However, if you have Coronavirus, you would be entitled to SSP from the first day of isolation. After isolating for 7 days you may be asked for proof if you need to stay off work for longer. (For further details please refer to the companies Coronavirus Employer Guidance).
   
   
2. Any statutory sick pay will be calculated based on the Employee's usual workdays, being Monday to Friday.

Long Term Sickness

1. Employees should be aware that although the Company is sympathetic towards genuine illnesses, it is not realistic for sickness-related absence to continue forever. The Company will be eager to get any employees on long-term sickness absence back into the workplace as appropriately and effectively as possible, but the employment may need to be reviewed if this cannot be achieved. There will be a full consultation with the employee, together with a medical investigation and consideration of redeployment or alternative employment.
   
   
2. If there is regular or persistent absence due to long term sickness, injuries etc, the situation is unlikely to be able to continue forever. Ultimately, employment may be terminated after full compliance with the Company’s termination procedures in these circumstances.
   
   
3. The Company will usually require employees who have been absent for one month or more or are expected to be absent for one month or more, to return some or all of their Company equipment. This may be requested so that the equipment can be redeployed to other employees.
   
   
4. Should a return to work be possible, the Company may require the employee’s current fitness to be determined and confirmed by a medical practitioner, of the Company’s choosing.

Disciplinary Procedure

1. It is necessary to have a minimum number of rules in the interests of the whole organisation and employees must make themselves aware of the standards which apply to their conduct and performance. These rules, and accompanying disciplinary procedure, are set out in the [Employee Handbook/ Disciplinary Policy].
   
   
2. This Agreement and the Employer's disciplinary procedure will be read and interpreted, to avoid conflict, as far as reasonably possible, between this Agreement and the Employer's disciplinary procedure. If there is a true conflict between this Agreement and the Employer's disciplinary procedure, this Agreement will prevail.
   
   
3. We retain discretion in respect of disciplinary and dismissal procedures to take account of your length of service and to vary the procedures accordingly or in circumstances otherwise set out in the document.

Grievance Procedure

1. The Company’s grievance procedure provides a mechanism whereby employees may seek a resolution to a complaint they have about their employment with us. Before using the formal procedure, you should speak to your line manager on an informal basis to seek a satisfactory outcome. The formal procedure may be used if you do not feel the informal method is appropriate for your concerns, or if the informal method has not produced an outcome with which you are satisfied. In this case, you should raise the grievance in writing to Darren O'Neill or Claire Ward.
   
   
2. The Employer's grievance procedure, as amended from time-to-time, applies to the Employee. The Employer's grievance procedure is set out in Employee Handbook and will be provided to the Employee or made available to the Employee on request.
   
   
3. Should you be dissatisfied with the outcome of the formal grievance procedure, you may appeal it in writing to Darren O’Neill / Managing Director.

Disciplinary and dismissal appeals

1. Should you be dissatisfied with any decision to take action against you or a decision to dismiss you, you may appeal in writing to David Wellavize. Further information can be found in the Employee Handbook / Disciplinary Policy.

Duty to Devote Full Time

1. The Employee agrees to devote full-time efforts, as an employee of the Employer, to the employment duties and obligations as described in this Agreement.

Conflict of Interest

1. During the term of the Employee's active employment with the Employer, it is understood and agreed that any business opportunity relating to or similar to the Employer's actual or reasonably anticipated business opportunities (with the exception of personal investments in less than 5% of the equity of a business, investments in established family businesses, real estate, or investments in stocks and bonds traded on public stock exchanges) coming to the attention of the Employee, is an opportunity belonging to the Employer. Therefore, the Employee will advise the Employer of the opportunity and cannot pursue the opportunity, directly or indirectly, without the written consent of the Employer.
   
   
2. During the term of the Employee's active employment with the Employer, the Employee will not, directly, or indirectly, engage or participate in any other business activities that the Employer, in its reasonable discretion, determines to be in conflict with the best interests of the Employer without the written consent of the Employer.

Non-Competition

1. The Employee agrees that during the Employee's term of active employment with the Employer and for a period of two (2) years after the end of that term, the Employee will not, directly or indirectly, as employee, owner, sole proprietor, partner, director, member, consultant, agent, founder, co-venturer or otherwise, solely or jointly with others engage in any business that is in direct competition for the businesses’ current contracts unless agreed with Darren O’Neill or Claire Ward.

Non-Solicitation

1. The Employee understands and agrees that any attempt on the part of the Employee to induce other employees or contractors to leave the Employer's employ, or any effort by the Employee to interfere with the Employer's relationship with its other employees and contractors would be harmful and damaging to the Employer. The Employee agrees that during the Employee's term of employment with the Employer and for a period of two (2) years after the end of that term, the Employee will not in any way, directly or indirectly:
   
   
   1. Induce or attempt to induce any employee or contractor of the Employer to quit employment or retainer with the Employer.
      
      
   2. Otherwise interfere with or disrupt the Employer's relationship with its employees and contractors.
      
      
   3. Discuss employment opportunities or provide information about competitive employment to any of the Employer's employees or contractors; or
      
      
   4. Solicit, entice, or hire away any employee or contractor of the Employer for the purpose of an employment opportunity that is in competition with the Employer.
      
      
2. This non-solicitation obligation as described in this section will be limited to employees or contractors who were employees or contractors of the Employer during the period that the Employee was employed by the Employer.
   
   
3. During the term of the Employee's active employment with the Employer, and for two (2) years thereafter, the Employee will not divert or attempt to divert from the Employer any business the Employer had enjoyed, solicited, or attempted to solicit, from its customers, prior to termination or expiration, as the case may be, of the Employee's employment with the Employer.

Confidential Information

1. The Employee acknowledges that, in any position the Employee may hold, in and as a result of the Employee's employment by the Employer, the Employee will, or may, be making use of, acquiring or adding to information which is confidential to the Employer (the "Confidential Information") and the Confidential Information is the exclusive property of the Employer.
   
   
2. The Confidential Information will include all data and information relating to the business and management of the Employer, including but not limited to, proprietary and trade secret technology and accounting records to which access is obtained by the Employee, including Work Product, Computer Software, Other Proprietary Data, Business Operations, Marketing and Development Operations, and Customer Information.
   
   
3. You shall make yourself aware of the Company’s policies in relation to compliance with data protection legislation that is in force from time to time and undertake to act in accordance with these at all times, including exercising reasonable care to keep safe all documentary or other material containing confidential information.
1. You shall inform the Company immediately upon discovery of a data breach.
   
   
2. You shall, at the time of termination of your employment with us, or at any other time upon demand, return to us any such material in your possession.
4. The Confidential Information will also include any information that has been disclosed by a third party to the Employer and is governed by the General Data Protection Regulation (GDPR) Data Protection Act or by a non-disclosure agreement entered between that third party and the Employer. (Further details refer to our GDPR Policy)

Duties and Obligations Concerning Confidential Information

1. The Employee agrees that a material term of the Employee's contract with the Employer is to keep all Confidential Information absolutely confidential and protect its release from the public. The Employee agrees not to divulge, reveal, report or use, for any purpose, any of the Confidential Information which the Employee has obtained or which was disclosed to the Employee by the Employer as a result of the Employee's employment by the Employer. The Employee agrees that if there is any question as to such disclosure then the Employee will seek out senior management of the Employer prior to making any disclosure of the Employer's information that may be covered by this Agreement.
   
   
2. The Employee agrees and acknowledges that the Confidential Information is of a proprietary and confidential nature and that any disclosure of the Confidential Information to a third party in breach of this Agreement cannot be reasonably or adequately compensated for in money damages, would cause irreparable injury to Employer, would gravely affect the effective and successful conduct of the Employer's business and goodwill, and would be a material breach of this Agreement.
   
   
3. The obligations to ensure and protect the confidentiality of the Confidential Information imposed on the Employee in this Agreement and any obligations to provide notice under this Agreement will survive the expiration or termination, as the case may be, of this Agreement and will continue indefinitely from the date of such expiration or termination.
   
   
4. The Employee may disclose any of the Confidential Information:
   
   
1. To a third party where Employer has consented in writing to such disclosure; or
2. To the extent required by law or by the request or requirement of any judicial, legislative, administrative or other governmental body after providing reasonable prior notice to the Employer.

5. If the Employee loses or makes unauthorised disclosure of any of the Confidential Information, the Employee will immediately notify the Employer and take all reasonable steps necessary to retrieve the lost or improperly disclosed Confidential Information.

Ownership and Title to Confidential Information

1. The Employee acknowledges and agrees that all rights, title and interest in any Confidential Information will remain the exclusive property of the Employer. Accordingly, the Employee specifically agrees and acknowledges that the Employee will have no interest in the Confidential Information, including, without limitation, no interest in know-how, copyright, trade-marks or trade names, notwithstanding the fact that the Employee may have created or contributed to the creation of the Confidential Information.
   
   
2. The Employee waives any moral rights that the Employee may have with respect to the Confidential Information.
   
   
3. The Employee agrees to immediately disclose to the Employer all Confidential Information developed in whole or in part by the Employee during the Employee's term of employment with the Employer and to assign to the Employer any right, title or interest the Employee may have in the Confidential Information. The Employee agrees to execute any instruments and to do all other things reasonably requested by the Employer, both during and after the Employee's employment with the Employer, in order to vest more fully in the Employer all ownership rights in those items transferred by the Employee to the Employer.

Return of Confidential Information

1. The Employee agrees that, upon request of the Employer or upon termination or expiration, as the case may be, of this employment, the Employee will turn over to the Employer all Confidential Information belonging to the Employer, including but not limited to, all documents, plans, specifications, disks or other computer media, as well as any duplicates or backups made of that Confidential Information in whatever form or media, in the possession or control of the Employee that:
   
   
1. May contain or be derived from ideas, concepts, creations, or trade secrets and other proprietary and Confidential Information as defined in this Agreement; or
   
   
2. Is connected with or derived from the Employee's employment with the Employer.

Contract Binding Authority

1. Notwithstanding any other term or condition expressed or implied in this Agreement to the contrary, the Employee will not have the authority to enter into any contracts or commitments for or on the behalf of the Employer without first obtaining the express written consent of the Employer.

Termination Due to Discontinuance of Business

1. Notwithstanding any other term or condition expressed or implied in this Agreement, in the event that the Employer will discontinue operating its business at the location where the Employee is employed, then, at the Employer's sole option, and as permitted by law, this Agreement will terminate as of the last day of the month in which the Employer ceases operations at such location with the same force and effect as if such last day of the month were originally set as the Termination Date of this Agreement.

Termination of Employment

1. Where there is just cause for termination, the Employer may terminate the Employee's employment without notice, as permitted by law.
   
   
2. The Employee and the Employer agree that reasonable and sufficient notice of termination of employment by the Employer are detailed below:
   
   You are entitled to receive the following notice periods when terminating your employment: 

• - For the first month of your probationary period – nil
  
  
• - One month’s service up to the successful completion of your probationary period – one week
  
  
• - From successful completion of your probationary period but less than five years’ service – one month.

• - Five years’ service or more - one week for each completed year of service to a maximum of 12 weeks after 12 years. 

3. If the Employee wishes to terminate this employment with the Employer, the Employee will provide the Employer with the greater of four (4) weeks and the minimum required by law. As an alternative, if the Employee co-operates with the training and development of a replacement, then sufficient notice is given if it is sufficient notice to allow the Employer to find and train the replacement.
   
   
4. The Termination Date specified by either the Employee or the Employer may expire on any day of the month and upon the Termination Date the Employer will forthwith pay to the Employee any outstanding portion of the remuneration including any accrued annual leave and banked time, if any, calculated to the Termination Date.
   
   
5. Once notice has been given by either party for any reason, the Employee and the Employer agree to execute their duties and obligations under this Agreement diligently and in good faith through to the end of the notice period. The Employer may not make any changes to remuneration or any other term or condition of this Agreement between the time termination notice is given through to the end of the notice period.
   
   
6. You should also note the following in relation to notice periods:

• - you will not receive any notice of termination when the circumstances of your dismissal involve a gross misconduct offence
• - you may be required to take all or part of your remaining holiday entitlement during your notice period
• - the Company reserves the contractual right to give pay in lieu of all or any part of the above notice period by either party
• - If either you or the Company serves notice on the other to terminate your employment the Company may require you to take “garden leave” for all or part of remaining period of your employment. If you are asked to take garden leave you:
  • - must not attend your place of work unless otherwise requested
  • - may not be required to carry out your normal duties during the remaining period of your employment, however, you will still be available for answering queries
  • - will continue to receive your normal salary
  • - must not undertake any other employment for the period of garden leave without prior authorisation from the Company.

7. In the event of dismissal for gross misconduct, we reserve the right to amend our normal notice provisions.

Return of company property upon termination

1. On the termination of your employment, you must return all Company property which is in your possession, or for which you have responsibility, by the last day of your employment. This includes, but is not limited to, the following:

• - Company documents, books or other written material
• - IT equipment
• - Company phones
• - Keys
• - ID/access card
• - Company credit card
• - Company car
• - Uniform

2. Failure to return such items will result in the cost of the items being deducted from any monies outstanding to you.
3. Deductions will also be made from your final salary payment in relation to any other deduction agreement you have entered into during your employment with the Company.

Changes to terms of employment

1. From time to time, the Company may determine the need for changes to be made to contracts of employment. The Company reserves the right to make reasonable amendments to your contract. You will receive confirmation in writing of any changes or amendments to the terms of your employment within one month of them taking effect.

Remedies

1. In the event of a breach or threatened breach by the Employee of any of the provisions of this Agreement, the Employee agrees that the Employer is entitled to a permanent injunction, in addition to and not in limitation of any other rights and remedies available to the Employer at law or in equity, in order to prevent or restrain any such breach by the Employee or by the Employee's partners, agents, representatives, servants, employees, and/or any and all persons directly or indirectly acting for or with the Employee.

Severability

1. The Employer and the Employee acknowledge that this Agreement is reasonable, valid and enforceable. However, if any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be changed in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.

Modification of Agreement

1.  Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by each party or an authorised representative of each party.

Changes to Terms of Employment

1. From time to time, the Company may determine the need for changes to be made to contracts of employment. The Company reserves the right to make reasonable amendments to your contract. You will receive confirmation in writing of any changes or amendments to the terms of your employment within one month of them taking effect.

Additional Terms

1. The Employee agrees that they have read, understand and will adhere to the details given in the following company documents:

• Confidentiality Agreement
• Financial Conduct
• Employee Handbook

Governing Law

1. This Agreement will be construed in accordance with and governed by the laws of the country of England.

Definitions

For the purpose of this Agreement the following definitions will apply:

1. 'Overtime Hours' means the total hours worked in a day or week in excess of the maximum allowed, as defined by local statute, for a workday or a work week.
   
   
2. 'Work Product' means work product information, including but not limited to, work product resulting from or related to work or projects performed or to be performed for the Employer or for clients of the Employer, of any type or form in any stage of actual or anticipated research and development.
   
   
3. 'Computer Software' means computer software resulting from or related to work or projects performed or to be performed for the Employer or for clients of the Employer, of any type or form in any stage of actual or anticipated research and development, including but not limited to, programs and program modules, routines and subroutines, processes, algorithms, design concepts, design specifications (design notes, annotations, documentation, flowcharts, coding sheets, and the like), source code, object code and load modules, programming, program patches and system designs.
   
   
4. 'Other Proprietary Data' means information relating to the Employer's proprietary rights prior to any public disclosure of such information, including but not limited to, the nature of the proprietary rights, production data, technical and engineering data, test data and test results, the status and details of research and development of products and services, and information regarding acquiring, protecting, enforcing and licensing proprietary rights (including patents, copyrights and trade secrets).
   
   
5. 'Business Operations' means operational information, including but not limited to, internal personnel and financial information, vendor names and other vendor information (including vendor characteristics, services and agreements), purchasing and internal cost information, internal services and operational manuals, and the manner and methods of conducting the Employer's business.
   
   
6. 'Marketing and Development Operations' means marketing and development information, including but not limited to, marketing and development plans, price and cost data, price and fee amounts, pricing and billing policies, quoting procedures, marketing techniques and methods of obtaining business, forecasts and forecast assumptions and volumes, and future plans and potential strategies of the Employer which have been or are being considered.
   
   
7. 'Customer Information' means customer information, including but not limited to, names of customers and their representatives, contracts and their contents and parties, customer services, data provided by customers and the type, quantity and specifications of products and services purchased, leased, licensed or received by customers of the Employer.
   
   
8. 'Termination Date' means the date specified in this Agreement or in a subsequent notice by either the Employee or the Employer to be the last day of employment under this Agreement. The parties acknowledge that various provisions of this Agreement will survive the Termination Date.

General Provisions

1. Time is of the essence in this Agreement.
   
   
2. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
   
   
3. No failure or delay by either party to this Agreement in exercising any power, right or privilege provided in this Agreement will operate as a waiver, nor will any single or partial exercise of such rights, powers or privileges preclude any further exercise of them or the exercise of any other right, power or privilege provided in this Agreement.
   
   
4. This Agreement will inure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns, as the case may be, of the Employer and the Employee.
   
   
5. This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
   
   
6. If, at the time of execution of this Agreement, there is a pre-existing employment agreement still in effect between the parties to this Agreement, then in consideration of and as a condition of the parties entering into this Agreement and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, this Agreement will supersede any and all pre-existing employment agreements between the Employer and the Employee. Any duties, obligations and liabilities still in effect from any pre-existing employment agreement are void and no longer enforceable after execution of this Agreement.
   
   
7. This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or written. The parties to this Agreement stipulate that neither of them has made any representations with respect to the subject matter of this Agreement except such representations as are specifically set forth in this Agreement.

Signatures