2.
The Employee must successfully complete a probationary period of three months (the 'Probationary Period') beginning on the Commencement Date. At any time during the Probationary Period, as and where permitted by law, the Employer will have the right to terminate employment without any notice or compensation to the Employee other than wages owed for hours of work already completed.
3.
The initial job title of the Employee will be the following: Executive Sales Manager in the sector agreed. The Employee agrees to be employed on the terms and conditions set out in this Agreement. The Employee agrees to be subject to the general supervision of and act pursuant to the orders, advice and direction of the Employer.
5.
The Employee will perform any and all duties as requested by the Employer that are reasonable and that are customarily performed by a person holding a similar position in the industry or business of the Employer.
6.
The Employer may make changes to the job title or duties of the Employee where the changes would be considered reasonable for a similar position in the industry or business of the Employer. The Employee's job title or duties may be changed by agreement and with the approval of both the Employee and the Employer or after a notice period required under law.
7.
The Employee agrees to abide by the Employer's rules, regulations, policies and practices, including those concerning work schedules, annual leave and sick leave, as they may from time to time be adopted or modified.
8.
The Employee warrants that the Employee is legally allowed to work in the country of England.
9.
Remuneration paid to the Employee for the Webdeli services rendered by the Employee as required by this Agreement (the "Remuneration") will include a salary of £25,000.00 per year plus a commission according to the following commission formula:
The Commission formula is based at 10% per sale, all sales will need to be offered at the standard product rate for commission to apply. If a product is sold less than the value of the standard rate then this will need to be authorised to still obtain the commission prior to the sale.
(The Structure of the Sales Process)
Sales will need to be offered on one brochure area at a time and when this area is complete, management will inform you on the next brochure area to start selling. Each brochure will need to be offered within a 4 - 6 week period at the time off sale. If a customer would like to advertise in different areas this will be allowed and offered at the same timescale.
(Repeat Commission)
If you have a customer that would like to repeat there advert in the next issue. You would be required to still arrange payment to receive this commission.
(Target)
Working as a team in all sectors each brochure has 4 to 12 pages and will be required to be completed within a 1 - 2 week period dependent on the size of the brochure. This will reduce overtime as there will be a higher volume of returning customers.
(Commission Requirement)
For the commission to apply of the sale as below is required.
1. Payment Received
2. Artwork Uploaded
3. Business Directory Uploaded
4. Other Products Offered Completed
10.
This Remuneration will be payable once per month while this Agreement is in force. 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.
11.
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.
12.
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 ravel 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.
13.
The Employee will not be automatically enrolled in the following pension scheme: National Employment Savings Trust (NEST). The Employee may opt in to the pension scheme as described in the Pensions Act 2008 or successor legislation and the employee handbook.
14.
Details of the pension scheme are set out in the employee handbook, which will be provided or made available to the Employee.
15.
The Employee's primary place of work will be at the following location:
• 3 Chesterton Place, Chester Road, Newquay, TR72RU and freelance as required.
16.
The Employee's normal hours of work, including breaks, ("Normal Hours of Work") are as follows: Monday to Friday 9am-5pm, 40 Hours Worked. If hours out of this time are worked they will be honered in looe.
17.
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, and as permitted by
law.
18.
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 booklets, manuals, and policy documents or as required by law.
19.
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.
20.
The Holiday year will commence on the 1st day of January and run for one year (the "Holiday Year").
21.
During each Holiday Year, the Employee is entitled to 5.6 weeks 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 5.6 weeks of paid annual leave. 30 days is required for any holiday notice in advance and is only available with the employees discretion.
22.
The times and dates for any holidays will be determined by mutual agreement between the Employer and the Employee.
23.
Upon termination of employment, the Employer will pay compensation to the Employee for any accrued but unused holiday days.
24.
If the Employee is unable to perform the Employee's duties as a result of illness or injury, the Employee will inform the Employer via Nigel Senton of the reason for the Employee's absence no later than 8 AM on the day of the absence or as soon as is reasonably possible. If the absence extends beyond seven consecutive days, including non-working days, the Employee will obtain and provide the Employer with a certificate or note from the Employee's doctor corroborating such illness or injury.
25.
During such absence the Employer will not pay the Employee any amount beyond the minimum statutory sick pay specified in the Social Security Contributions and Benefits Act 1992 and any successor legislation.
26.
Any statutory sick pay will be calculated on the basis of the Employee's usual work days, being Monday to Friday.
27.
The Employer's disciplinary procedure, as amended from time-to-time, applies to the Employee. The Employer's disciplinary procedure is set out in the employee handbook and will be provided to the Employee or made available to the Employee on request.
28.
This Agreement and the Employer's disciplinary procedure will be read and interpreted so as 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.
29.
The Employer's grievance procedure, as amended from time-to-time, applies to the Employee. The Employer's grievance procedure is set out in the employee handbook and will be provided to the Employee within 28 days after the Commencement Date or made available to the Employee on request.
30.
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.
31.
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, property, 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.
32.
Employee will advise the Employer of the opportunity and cannot pursue the opportunity, directly or indirectly, without the written consent of the Employer. 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.
33.
The Employee agrees that during the Employee's term of active employment with the Employer, and for a period of two 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 competition with the business of the Employer within any geographic area in or around United Kingdom, in which the Employer conducts its business, or give advice or lend credit, money or the Employee's reputation to any natural person or business entity engaged in a competing business in any geographic area in which the Employer conducts its business.
34.
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 five years after the end of that term, the Employee will not in any way, directly or indirectly:
Induce or attempt to induce any employee or contractor of the Employer to quit employment or retainer with the Employer;
a.
Otherwise interfere with or disrupt the Employer's relationship with its employees and contractors;
b.
Discuss employment opportunities or provide information about competitive employment to any of the Employer's employees or contractors; or
c.
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.
d.
35.
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.
36.
During the term of the Employee's active employment with the Employer, and for a period of five 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
37.
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.
38.
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.
39.
The Confidential Information will also include any information that has been disclosed by a third party to the Employer and is governed by the Data Protection Act or by a non-disclosure agreement entered into between that third party and the Employer.
40.
The Confidential Information will not include information that: Is generally known in the industry of the Employer;
a. Is now or subsequently becomes generally available to the public through no wrongful act of the Employee;
b.
Was rightfully in the possession of the Employee prior to the disclosure to the Employee by the Employer;
c.
Is independently created by the Employee without direct or indirect use of the Confidential Information; or
d.
The Employee rightfully obtains from a third party who has the right to transfer or disclose it.
e.
41.
The Confidential Information will also not include anything developed or produced by the Employee during the Employee's term of employment with the Employer, including but not limited to, any intellectual property, process, design, development, creation, research, invention, know-how, trade name, trade-mark or copyright that: Was developed without the use of equipment, supplies, facility or Confidential Information of the Employer;
a.
Was developed entirely on the Employee's own time;
b. Does not result from any work performed by the Employee for the Employer; and
c. Does not relate to any actual or reasonably anticipated business opportunity of the Employer.
42.
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.
43.
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.
44.
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.
45.
The Employee may disclose any of the Confidential Information: To a third party where Employer has consented in writing to such disclosure; ora. 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.b.
46.
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.
47.
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.
48.
The Employee waives any moral rights that the Employee may have with respect to the Confidential Information.
49.
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.
50.
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. 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, discs 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: May contain or be derived from ideas, concepts, creations, or trade secrets and other proprietary and Confidential Information as defined in this Agreement; or Is connected with or derived from the Employee's employment with the Employer.
51.
Not with standing 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.
52.
Not with standing 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.
53.
Where there is just cause for termination, the Employer may terminate the Employee's employment without notice, as permitted by law.
54.
The Employee and the Employer agree that reasonable and sufficient notice of termination of employment by the Employer is the greater of 1 Week or any minimum notice required by law.
55.
If the Employee wishes to terminate this employment with the Employer, the Employee will provide the Employer with the greater of One Month 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.
56.
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.
57.
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.
58.
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.
59.
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.
60.
Any notices, deliveries, requests, demands or other communications required here will be deemed to be completed when hand-delivered, delivered by agent, or seven days after being placed in the post, postage prepaid, to the parties at the following addresses or as the parties may later designate in writing:
Employer: Nigel Senton
Name: Webdeli
Address: 3 Chesterton Place, Chester Road, Newquay TR7 2RU
Phone: 01637 226207
