TERMS & CONDITIONS OF EMPLOYMENT FOR NATIONAL DEVELOPMENT OFFICER OF SALSC 1
Employment and Status You are employed by SALSC Ltd (hereafter referred to as the employer or Company) as Executive Officer Your Line Manager will be Chair of the Board of Directors and he/she will be responsible for defining your responsibilities.
Date of Commencement of your Employment To be agreed
Probationary Period 3 months from commencement of employment
Remuneration Your remuneration will commence at £26K per annum paid monthly in arrears and reviewed annually thereafter at the end of each financial year 31st March. Your annual remuneration is solely dependent upon the level of grant income paid by our core funding body sportscotland in any one year. The administration of the remuneration lies with sportscotland.
Place of Work Your principal place of work will be from a hot desk at sportscotland offices, Caledonia House, 1 Redheughs Rigg, South Gyle, Edinburgh, EH12 9DQ. Any change agreed to this will be notified by addendum in the stated 'Terms and Conditions' herewith.
Working Hours This should be read in conjunction with the Company’s Flexible and Remote Working Policy. Your normal working hours will be a minimum of 35 per week under a flexible working structure and detailed time sheets shall be submitted by you to your Line Manager. Flexibility is important to meet the needs of the business and as a result, you agree to work additional hours as necessary for the proper performance of your duties.
Overtime This should be read in conjunction with the Company’s Flexible and Remote Working Policy. Time off In lieu (TOIL) will be given in any one year for any extra hours worked as agreed with your Line Manager but TOIL cannot be transferred in to the following year unless such agreed hours have been worked in the last month of any payment year.
Travelling and Out of Pocket Expenses This should be read in conjunction with the Company’s Governance Policy. All business miles can be claimed on the appropriate monthly form provided for this purpose which should be authorised by your Line Manager (or Vice Chair in his absence) at the agreed current rate of 30p per mile. This rate could change from time to time at the discretion of the Board. All out of pocket, duly receipted, expenses will also be
notified on this form submitted to the Treasurer of the Company and copied to your Line Manager. 9
Holiday Entitlement To be read in conjunction with the Company’s Leave Entitlement Policy. You are entitled to 30 days paid holiday per annum (including Bank and other public holidays) to be taken at such times as may be approved in advance by your Line Manager. This is based on a full time entitlement of 30 days per annum. The normal holiday year will run from 1st April to 31st March. No payment will be made for holidays not taken and holiday entitlement will not be carried forward from one year to another unless there are special circumstances and you have prior written agreement from your Line Manager. In the event of you having taken more days than you are entitled to at the date of termination of this contract, the Employer is entitled to deduct any excess payment from your final salary. Holidays must be arranged with the consent of your Line Manager but is essential that at least 10 days are taken during the summer months. Arrangements must be made to avoid excessive overlap of absence between you and you Line Manager. Annual holiday entitlement will cease to accrue in cases where you are absent from work for a continuous period in excess of 4 months. However, the Company will ensure that the statutory minimum holiday entitlement obligations have been met. Accrual will recommence after the completion of 1 calendar month of working.
Pension The Company does not have or make contributions to any pension scheme but should you wish to contribute part of your salary to a Stakeholder Scheme your employer can arrange this for you through your Line Manager.
Notice Periods and Termination This should be read in conjunction with the Company’s Leave Entitlement Policy.
Service Notice from Company After the probationary period up to the end 4 weeks of the 4th year of continuous employment For additional years of completed service up 1 additional week per year to the end of the 12th year After 12 years completed service 12 weeks
Notice from Employee 4 weeks 1 additional week per year 12 weeks
The Company may at its sole discretion make a payment of salary in lieu (“Payment in Lieu”) of all and any part of your entitlement to notice. You shall have no right to a Payment in Lieu unless the Company has exercised its discretion. For the avoidance of doubt the Payment in Lieu shall not include any element in relation to:
any payment in respect of benefits which you would have been entitled to receive during the period for which Payment in Lieu is made; and any payment in respect of holiday entitlement that would have accrued during the period for which the Payment in Lieu is made.
For the avoidance of doubt, nothing in this clause prevents the Company from terminating your employment summarily or otherwise (without notice and with no liability to make any further payment to you, other than in respect of amounts accrued due at the date of termination), in accordance with the Company’s Disciplinary, Grievance and Appeals Procedure. In order to investigate a complaint against you, we have the right to suspend you on full pay for so long as may be necessary to carry out a proper investigation and hold a disciplinary hearing. The terms are included in section 13 Garden Leave below. 12
Redundancy Any redundancy payment and notice will be made in accordance with the statutory requirements at the time.
Garden Leave To be read in conjunction with the Company’s Leave Entitlement Policy. In the event of suspension from work in relation to any matter considered by your employer to require investigation, you will be suspended on full pay until such investigation is complete. This suspension will be known as Garden Leave. Thereafter, in the event of disciplinary action being found necessary by the employer against the employee, the rules as laid out in the Company's Disciplinary, Grievance and Appeals Procedure will be followed.
Disciplinary Procedure To be read in conjunction with the Company’s Disciplinary, Grievance and Appeals Policy. These may be amended at the discretion of the Board with such changes being advised through amendments by addendum to the Terms and Conditions of your employment.
Grievance Procedure To be read in conjunction with the Company Disciplinary, Grievance and Appeals Policy. In the event of a grievance you may seek redress by applying to your immediate Line Manager who will follow the guidelines as laid out in the Company Policy.
Public Duties To be read in conjunction with the Company’s Leave Entitlement Policy. Time off for Public Duties may be taken as set out under statute but before partaking of any such duty this has to be agreed in the first instance by your Line Manager. However due to the nature of your employment you should not consider to undertake any such Public Duty that would render you absent from work for a lengthy period of time.
Sickness and Absence This should be read in conjunction with the Company’s Leave Entitlement Policy. To ensure you are entitled to statutory sick pay, please ensure you follow the steps below if absent from work: 1. If you are absent from work due to sickness or injury you must inform your Line Manager by telephone at the earliest opportunity and no later than 10am on the first morning of absence. You must provide reason for your absence. 2. You must provide a Doctor’s Certificate to cover any period of sickness which has lasted over seven consecutive days (including weekends and holidays) which should be forwarded promptly to your Line Manager. Thereafter, medical certificates should be provided to cover any continued absence. 3. As soon as you return to work from an absence of over seven consecutive days due to illness you must complete an Absence Form and submit it to your Line Manager. 4. Statutory Sick Pay is only payable from the fourth day of sickness for a maximum period of 28 weeks after which you would be given a form to enable you to claim State Sickness Benefits. In the unlikely event that this is required, the Company reserves the right to require you to visit, for an opinion, a registered medical practitioner of the Company’s choosing at any time during or after a period of absence on the grounds of sickness or injury. You agree to authorise such medical practitioner to disclose to and discuss with us the results of any such examination in relation to the said sickness or injury.
Company Sick Pay This should be read in conjunction with the Company’s Leave Entitlement Policy. The Company will normally pay the difference between your full daily wage and your statutory sick pay for a total of 13 weeks in any 52 week period. This payment is made at the discretion of your Line Manager. Thereafter you will be paid the statutory rate of statutory sick pay for any one period of incapacity for work for a further 15 weeks as is your statutory entitlement. Payment for any such absence for those serving notice prior to leaving the Company will be at the appropriate rate of statutory sick pay, provided eligibility guidelines are met.
Maternity, Paternity, Parental and Adoption Leave To be read in conjunction with the Company’s Leave Entitlement Policy. These will be in accordance with prevailing statutory entitlement.
Confidentiality To be read in conjunction with the Company’s Confidentiality and Media Policy. You acknowledge that during the course of your employment you will have access to and be entrusted with confidential information. You agree that you shall not (except in the proper course of your duties) during or after the period of your employment, divulge to any person whatever or otherwise make use of (and shall use your best endeavour to prevent the publication or disclosure of) any confidential information.
All notes and memoranda of any confidential information which shall be acquired, received, or made by you during the course of your employment are the property of the Company and shall be surrendered by you to your Line Manager at the termination of your employment or at our request during the course of this employment. In this clause “confidential information” means all and any information about business plans, business methods, corporate plans, management systems, finances, maturing new business opportunities, research and development projects, concepts, ideas, new products, source code, software, sales statistics, marketing surveys and plans, sales techniques, costs, prices and discount structures, the names, addresses and contact details of our clients, contractors and suppliers and potential suppliers and contractors and parties working on our behalf or potential users, clients, contractors, suppliers and parties (whether or not recorded in writing or on computer disk or tape or otherwise), which we treat as confidential. 21
Data Protection To be read in conjunction with the Company’s Data Protection Policy. Both the employer and the employee should be aware of and operate under the prevailing legal requirement for data protection.
Intellectual Property To be read in conjunction with the Company Copyright, Design Rights and Intellectual Property Policy. You agree to promptly disclose to us and keep confidential all inventions, copyright works, new ideas, concepts, software, designs, technical knowhow, computer techniques, programmes, systems, trade secrets, discoveries, improvements or developments (collectively, the “Inventions”) conceived or made by you alone or with others in the course of your employment. All intellectual property rights in the Inventions will be and shall remain the exclusive property of SALSC and will vest in SALSC at the time they are first created.
Other Employment During your employment with us, you must notify your Line Manager should you become involved either directly or indirectly in any other business or undertaking or any other regular work. This cannot be undertaken without the authorisation of your Line Manager.
Normal Retirement Age The normal retirement procedure for employees will be as prevailing legislation and both the employer and the employee shall adhere to such legislation.
Health and Safety at Work To be read in conjunction with the Company’s Health & Safety Policy. We will take all reasonably practicable steps to protect your health, safety and welfare while at work. You must familiarise yourself with our Health and Safety Policy. It is also your legal duty to take care for your own health and safety and that of your colleagues.
Equal Opportunities To be read in conjunction with the Companyâ€™s Equal Opportunities Policy. In order that we may maintain a positive work environment for all employees, you are required to familiarise yourself with and adhere to our Equal Opportunities Policy (and any amendments made to it). We view very seriously any conduct, which may amount to harassment or discrimination and may consider this to be gross misconduct.
Company Policies It is a condition of your employment that you read, understand and comply with all Companyâ€™s Policies and Procedures as updated from time to time at the discretion of the Board.
Collective Agreements There are no collective agreements pertaining to your employment with us.
General We reserve the right to make reasonable changes to the terms and conditions of your employment and will notify you in writing of such changes at the earliest opportunity and, in any event, within one week before such changes are to take effect. Any notice to be given by a party under this agreement must be in writing and must be given by delivery at or sending by first class post. Notices to the Company should be addressed to the Company Chair who is also your Line Manager. Notice to you shall be sent to your last known home address. A notice shall be deemed to have been served at the time of delivery if delivered by hand or courier, 2 clear days after the time of posting if sent by first class post. Each clause and sub-clause of this contract is separate and severable from the remaining provisions and enforceable accordingly. If any provision of this contract shall be unenforceable for any reason but would be enforceable if part of the wording thereof were deleted, it shall apply with such deletions as may be necessary to make it enforceable. The validity, construction and performance of the terms and conditions shall be governed by the Law of Scotland (and the parties hereby submit to the non-exclusive jurisdiction of the Scottish Courts).
Published on Jan 24, 2014