Leaving the Company

Notice

If you decide to leave us, you need to give your manager your resignation in writing, detailing the appropriate amount of contractual notice (as contained in your Statement of Main Terms and Conditions of Employment). Similarly, if we terminate your employment for any reason, this will also be confirmed in writing. It is important that your working relationship with us continues as normal during this period to ensure an effective handover of your role. You will normally be required to work your full notice period.

However, once either party has given notice, the Company reserves the right at its absolute discretion to exclude you from certain work and places of work. You may also be asked to carry out duties that are different from your normal duties. Holiday requests made during notice periods will be considered in line with operational requirements. Any outstanding holiday entitlement on leaving will be paid along with your final salary, or a deduction will be made if you have taken more holidays than you have accrued at this date.

The Company also reserves the right at its absolute discretion to pay your basic salary in lieu of notice or place you on garden leave at any time during your notice period.

Garden Leave

Shaper/Caper reserves the right, at its sole discretion, to require employees not to attend their place of work or to perform any duties or to perform reduced or alternative duties at any time during the employment, including but not limited to, at any time after notice to terminate the employment has been served by either party. In these circumstances, the employee’s contract will continue in force until the end of the notice period and the employee will continue to receive full pay and benefits in the normal way. The employee will also remain bound by all the obligations and restrictions set out in the contract of employment, except the duty to attend work or to perform duties or certain duties as the case may be. The employee must remain available to be contacted by Shaper/ Caper.

Under these circumstances, the employee is not permitted to take up employment elsewhere during the notice period. During any period of Garden Leave, Shaper/Caper will be under no obligation to provide any work to the employee or vest any powers in the employee. If you are placed on garden leave, you will not be able to contact any of our customers, clients or business contacts during this time.

Post Termination Restrictions

You hereby undertake that you will not during a period of 12 months immediately following the termination date, however this is caused, without the prior written consent of Shaper/Caper whether by yourself, through your employees, or agents or otherwise whatsoever and whether on your own behalf or on behalf of any other person, corporation, company or other organisation, directly or indirectly:

1. Solicit business from, or canvass, any Client of Shaper/Caper if such solicitations or canvassing is in respect of Restricted Services 2. Supply Restricted Services to any Client of Shaper/Caper 3. Solicit or induce, or endeavour to solicit or induce, any person who is, on the termination date, employed by Shaper/Caper, to cease working for or providing services to the Company, whether or not any such person would thereby commit a breach of contract 4. Employ, or otherwise engage in, the supply of Restricted Service to any Client or any person who is on the termination date or was during the 12 months preceding the termination date, employed by Shaper/Caper in any capacity.

‘Client’ shall mean any person, corporation, company or other organisation to whom or which Shaper/Caper supplied services during the 12 months preceding the termination date and with whom or which during such period, you had personal dealings in the course of your employment.

‘Restricted Services’ shall mean any services, which are the same as, or similar to any services supplied by Shaper/Caper with which your duties were concerned or for which you were responsible during the 12 months immediately preceding the termination date.

Return of Company Property

If your employment is terminated for any reason, you will need to return all company property allocated to you during the course of your employment, whether this has been as a contractual benefit or to help you do your job. All property will need to be returned on or before your last day of work. Property should be returned to your manager and could include things like uniform, mobile phone, credit and bank cards, security passes, keys, other equipment whether electronic or otherwise and any other property relating to the business or belonging to us, together with all copies of any such documents that you have in your possession or under your control.

Failure to return our property will entitle us to withhold any final payments due to you and/or deduct the cost of replacement items.

Payment of final salary

Any final payments of salary and expenses will be made to you in the normal way, less any deductions due to the company. Once all final payments have been made, you will be sent your final pay slip and relevant statutory forms such as your P45.

Any adjustment for accrued holiday which has not yet been taken, or where you have taken more holiday than you’ve accrued, will also be made or deducted within your final payment. These holiday days will be paid at your basic pay rate.