Contract of Employment
EXHIBIT
10.2
Contract
of Employment
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1.
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INTRODUCTION
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This
document contains your terms and conditions of employment and together with
the
rules and procedures that are specifically incorporated from the Staff Handbook,
it is the contract of employment (referred to as “this contract”) between you,
the employee, whose name and address is stated in Schedule One and your
employer; [ROK Entertainment Group Limited or affiliated ROK company] (Company
Registration Number: _____), Rok House, Kingswood Business Park, Xxxxxxxx Xxxx,
Xxxxxxxxxx, Xxxxxxxxxxxxx, XX0 0XX (referred to as “your
employer”).
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2.
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STAFF
HANDBOOK
|
Your
employer will be issuing a Staff Handbook, a copy of which will be supplied
to
you. It contains your employer’s rules, policies and procedures on important
matters relating to your employment. You agree to read the contents of the
Staff
Handbook. The Sickness and Absence Rules, and the E-mail and Internet Policy
contained in the Staff Handbook are part of this contract because they are
specifically referred to in this contract and in the Staff Handbook it is stated
that they form part of your contract. The Disciplinary Rules and Procedure,
Grievance Procedure and Performance Review Procedure are contained in the Staff
Handbook and referred to this contract but they do NOT form part of your
contract.
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3.
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START
DATE
|
Your
employment will begin on the date set out in Schedule One and subject to
successful completion of your probationary period will continue until it is
brought to an end by you or by your employer or you reach retirement
age.
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4.
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CONTINUITY
OF EMPLOYMENT
|
No
other
previous employment counts as continuous employment for any statutory
purposes.
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5.
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PROBATIONARY
PERIOD
|
Your
initial employment with your employer will be on the basis of a probationary
period of up to 3 months. During this time you must give one week’s prior
written notice to terminate the contract. In any case deemed appropriate by
your
employer this probationary period may be extended and in any such case you
will
be notified in writing. If you are not considered suitable for your job by
your
employer or if for any other reason your continued employment is not required
this contract will terminate at the end of the probationary period or at the
expiry of any notice given during the probationary period or in the event of
your employment being terminated without notice during the probationary
period.
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6.
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JOB
TITLE/DUTIES
|
The
title
of your job is set out in Schedule One.
Your
employer may change your job description and may require you to carry out
different and/or additional duties under this contract either for your employer
and/or for any associated company, its holding company or subsidiary or other
subsidiary (save for your employer) of the holding company (as defined in the
Companies Xxx 0000 (as amended)).
1
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7.
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RETIREMENT
AGEWORK
|
You
will
retire on your 65th
birthday
or the last working day before that birthday unless agreement has been reached
at that time for you to continue to work or it is agreed that you take an
earlier retirement. This contract will automatically end on the day you retire
without further notice by either you or your employer.
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8.
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PLACE
OF WORK
|
You
will
be based at Rok House (at the above address) but when requested you will be
required to be based at any other premises at which your employer carries on
its
business now or in the future.
You
will
also travel to such places (whether within or outside the UK) as your employer
requires you to in the performance of your duties.
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9.
|
OVERSEAS
WORK
|
You
will
not be required to work outside the United Kingdom for any consecutive period
of
more than one month.
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10.
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NOTICE
|
Should
you or your employer want to terminate your employment written notice of
termination must be given as follows:
Your
employer must give you notice of:
During
your trial period; 1 week
The
end
of your trial period until 4 years completed employment: 1 month
4
years
or more: 1 week for each completed year (up to 12 weeks maximum notice)
You
must
give your employer written notice of termination of 1 month after the end of
your trial period however long you then remain employed.
Notice
to
you will be deemed to have been given if handed to you or sent by Recorded
Delivery to your last notified address known to your employer. Notice by you
must be given or sent by Recorded Delivery to Rok Productions Limited, Rok
House, Kingswood Business Park, Xxxxxxxx Xx, Xxxxxxxxxx Xxxxxxxxxxxxx, XX0
0XX
On
termination of your employment (by you or by your employer) your employer may
either:
require
you to work throughout your notice period, or
require
you to stay away from your place of work throughout your notice period (on
“garden leave”), or
terminate
your contract without notice and make a payment in lieu of notice to compensate
you.
In
addition, on termination of your employment (by you or by your employer) you
will only be paid for your notice period, and any other due amounts, once you
have completed handover notes from any work that you have been involved with
to
the satisfaction of your employer. Your employer may also dismiss you without
notice or payment in lieu of notice in cases of gross misconduct. (The
disciplinary procedure set out in the Staff Handbook gives you examples of
the
types of conduct which your employer will consider to be gross
misconduct).
2
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11.
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HOURS
OF WORK
|
You
will
work the basic hours set out in Schedule Two.
You
may
be required to do work in addition to your basic hours and unreasonable refusal
to do so will be a disciplinary matter.
You
are
not entitled to receive payment for overtime as a right under this
contract.
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12.
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WORKING
TIME OPT OUT
|
You
agree
that the limit on working time (“the 48 hour week”) specified in regulation 4.1
of The Working Time Regulations 1998 will not apply to your employment and
that
signature of this agreement shall constitute consent pursuant to regulation
5.1
of the regulations for the duration of your employment under this contract
subject to the provision below.
You
may
terminate your consent under this paragraph by giving three month’s notice in
writing to your employer and the said limit shall apply to your employment
on
the first working day immediately following the expiry of the period of
notice.
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13.
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WAGES/SALARY
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Your
salary will be paid monthly in arrears on or around the last working day of
each
calendar month at the rate set out in Schedule Three. Your employer reserves
the
right to reduce your salary if your duties change as a result of your incapacity
or inability to perform your duties or to suspend payment of salary if you
are
suspended from duty by your employer and/or if you are laid off because there
is
no work for you.
Your
salary will be reviewed annually with no commitment to increase.
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14.
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BONUS
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Bonuses
may be paid entirely at the discretion of your employer. You are not entitled
to
receive bonuses as a right under this contract. Bonuses paid will reflect your
performance and how your employer assesses your contribution to the success
of
the company during the preceding period.
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15.
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DEDUCTIONS
FROM PAY
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If
at any
time during or on termination of your employment it is the opinion of your
employer that you owe your employer money you agree and authorise your employer
to deduct the sum or sums owed from any payment due to you from your employer
whether wages or salary or payment of any other kind.
For
example this will cover deductions from your wages of overpayments, expenses,
loans, damage caused by you and any other money due from you to your
employer.
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16.
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PENSION
SCHEME
|
You
will
be eligible, at the end of your probationary period, to join the company
Stakeholder Pension Scheme, details of which will be available on your
request.
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17.
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HOLIDAYS
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The
holiday year runs from 1st
January
to 31st
December. You are entitled to take paid holidays as set out in Schedule Four.
Your employer must agree holidays and you must apply for holiday at least four
weeks before you want to take it. You should not take more than 10 working
days
at one time and you must take your entitlement during the holiday year in which
you are entitled to it. You may not carry forward your entitlement.
3
During
the holiday year in which your employment commences your entitlement to paid
holiday during that year will be reduced in proportion to the expired part
of
the holiday year.
During
a
holiday year in which your employment is terminated you will be paid on
termination for any untaken part of your entitlement to paid holiday calculated
in proportion to the part of the holiday year which has elapsed at your leaving
date. If you have taken more than your proportionate entitlement to paid holiday
when you leave your employer will deduct the amount of pay for the holiday
from
your salary on termination.
Your
holiday entitlement under this contract includes any entitlement to paid annual
leave that you have under the Working Time Regulations 1998.
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18.
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BANK
HOLIDAYS AND PUBLIC
HOLIDAYS
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You
will
normally not be required to work on the UK Bank or Public holidays and you
will
be paid for them (unless you would not have been required to work on that
day).
Bank
and
Public Holidays are not part of your holiday entitlement.
Bank
holidays are:
New
Year’s Day
Easter
Monday
The
first
Monday in May
The
last
Monday in May
The
last
Monday in August
26
December if it is not a Sunday
27
December when 25 or 26 December is a Sunday
Note:
The
list of Bank holidays can be altered by Royal Proclamation or Parliament to
take
account of national celebrations or to allow an extra day’s holiday when
Christmas occurs over a weekend.
Public
Holidays are:
Good
Friday
Christmas
Day
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19.
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SICK
PAY ARRANGEMENTS
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Your
employer’s rules as to sickness and absence from work are contained in the Staff
Handbook and form part of your contract. You may only be absent from work when
authorised.
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20.
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TRAINING
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You
must
undertake any training which your employer requires you to undertake. This
may
take place within your normal working hours but may also be outside your normal
working hours and at a location away from your normal place of
work.
4
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21.
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COMMITMENT
TO THE EMPLOYER
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You
are
expected to devote your whole time and attention to the best interests of your
employer during your working hours. You must not work for another employer
or
carry out work on any other basis during the term of this contract whether
in or
out of your normal working hours, without your employer’s written
permission.
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22.
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PERFORMANCE
ASSESSMENT
|
A
performance review procedure normally operated by the employer is set out in
the
Staff Handbook.
Your
employer’s performance review procedure is not contractually binding either upon
you or upon the employer who may leave out any or all of the stages of the
performance review procedure.
Your
employer has the right to review and monitor the performance of your duties
under this contract.
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23.
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QUALIFICATIONS
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It
is an
essential term of this contract that you have told the truth to your employer
about your previous work experience and qualifications.
Your
employer regards any breach of this term as gross misconduct in respect of
which
your employment can be terminated without warning or notice.
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24.
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CRIMINAL
CONVICTIONS
|
It
is an
essential term of this contract that you have told the truth to your employer
about your criminal record (although this does not mean that you have to tell
your employer about offences which are “spent” under the Rehabilitation Of
Offenders Act 1974).
You
must
tell your employer if at any time you are arrested, charged with or summonsed
for a criminal offence of any nature. You are under a duty to truthfully and
fully answer any questions from your employer in relation to any such matters.
If
you
are convicted of a criminal offence of any nature whether committed in or out
of
working hours your employer may terminate your employment with or without notice
or payment in lieu of notice and irrespective of the fact that no warnings
have
been given.
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25.
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GARDEN
LEAVE
|
Your
employer has the right to require you to take Garden Leave at any time. During
a
period of Garden Leave you must remain available during your normal working
hours to carry out work for your employer but you have no right to be provided
with work of any kind. You must not attend your place of work, make any
statement or representation on behalf of your employer or contact any customer,
client, supplier, employee or agent of your employer without the written
permission of your employer to do so.
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26.
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HEALTH
AND SAFETY POLICY
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Your
employer has a Health and Safety at Work policy under which you have
obligations. It is set out in the Staff Handbook and you must read it. This
policy may be changed as necessary and any changes will be notified to you.
Following such a change you are obliged to comply with the relevant revised
policy.
Any
breach or non-observance of the Health and Safety at Work policy will constitute
a disciplinary offence.
5
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27.
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COLLECTIVE
AGREEMENTS
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There
are
no collective agreements that affect the terms and conditions of your
employment.
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28.
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EMPLOYER
RECORDS
|
You
must
promptly notify your employer of any change in your personal details which
will
include any change to the following:
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Ø
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Your
last notified address.
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Ø
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Your
marital status.
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Ø
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Your
next of kin.
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Ø
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Your
home telephone number.
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Ø
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Your
banking details.
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29.
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DRIVING
LICENCE
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If
your
duties involve driving a vehicle you must at all times hold a current full
UK
driving licence. Your employer must hold a copy of your current driving licence.
You must immediately tell your employer if you are summonsed for or convicted
of
a driving related offence or if you have a fine for such an offence levied
against you.
A
conviction for a driving related offence may have an effect on your continuing
to be provided with a vehicle and may lead to your dismissal if you cannot
perform your duties without driving a vehicle.
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30.
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YOUR
EMPLOYER’S VEHICLES
|
If
you
drive your employer’s vehicles you are responsible for taking all reasonable
steps to ensure the vehicle is kept in good condition and driven safely at
all
times, and for ensuring the vehicle is checked and maintained as required and
at
the correct intervals.
You
will
be required to pay any fines or penalties for parking or traffic offences
incurred when you are using a vehicle in the performance of your duties or
otherwise, and this can be by way of deduction from wages.
Your
employer may similarly deduct or charge to you the amount of any insurance
excess or other reasonable costs should a vehicle be involved in a road traffic
accident or damaged in any other way while being driven by you or in your care.
You
will
report any accident involving the vehicle without any delay to your employer
and
your employer’s insurers and will obtain all relevant and lawfully required
particulars from any other party to an accident.
You
will
not permit any other person to drive the vehicle other than as specifically
authorised in writing by your employer.
If
you
use your own vehicle for your employer’s business you must have permission to do
so and you must ensure that it is insured for that use and provide written
evidence of that insurance in the form of a copy of your certificate of motor
insurance and your policy document to your employer.
6
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31.
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CONDUCT
|
You
must
observe your employer’s rules and procedures. These are contained in this
contract, and the Staff Handbook and also in manuals or memos or directives
issued by your employer from time to time. You must also follow lawful
instructions and orders from your employer. Failure to do so is misconduct
and
can lead to disciplinary action or even to the termination of your
employment.
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32.
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SMOKING,
ALCOHOL AND DRUGS
|
You
must
not smoke cigarettes tobacco or other substances at work. The consumption of
alcoholic drinks during working hours is strictly forbidden as is the taking
of
drugs other than those prescribed or legally taken for a medical
condition.
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33.
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COMPUTERS
|
You
are
not allowed to load your own software on to your employer’s computers. You must
not copy software or data from computers at work, or use e-mail or internet
access except for legitimate business purposes, or make any other use of
computers or software for any purpose other than your employer’s legitimate
business interests. You must not open files downloaded from the internet or
e-mail on your employer’s computers without virus checking the
files.
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34.
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E-MAIL
AND INTERNET
|
It
is
your employer’s rule that computers, networks and the e-mail system are the
property of your employer. All copies of messages created, sent, receive or
stored on the company’s systems shall remain the property of your employer.
These messages are not the private property of employees and as such there
should be no expectation of privacy in any circumstances. Your employer reserves
the right to access and monitor all messages created, sent, received or stored
on your employer’s systems. The contents of e-mail messages may be disclosed to
other employees and to third parties without further permission of the employee
and at the discretion of your employer. E-mails and the internet should not
be
used to create, send receive or store any material which is offensive,
disruptive or infringes copyright. Your employer has a detailed policy on e-mail
and internet use, which is contained in the Staff Handbook and incorporated
in
this contract.
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35.
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INTELLECTUAL
PROPERTY
|
Subject
to the Patents Xxx 0000 and the Copyright, Designs and Patents Xxx 0000, any
invention, design, or copyright work, including without limitation all
documents, data, drawings, specifications, articles, computer programmes, object
codes, source codes, network designs, business logic, notes, sketches, drawings,
reports, modifications, tools, scripts or other items ("Works"), made by you
during the course of your employment with your employer (whether or not in
the
course of your duties) shall immediately upon creation or performance vest
in
and shall be and remain the sole and exclusive property of your employer, and
you hereby irrevocably and unconditionally assign to your employer, All right,
title and interest in and to the same.
You
must
promptly notify your employer of any Works which you create, which will become
the absolute property of your employer and you hereby unconditionally waive
in
favour of your employer all rights (if any) you may have under Chapter IV (moral
rights) of the Copyrights, Designs and Patents Xxx 0000 (or any foreign
corresponding rights) in connection with the authorship of any Works, wherever
in the world enforceable, including without limitation the right to be
identified as the author of such Works and the right not to have such Works
altered or subjected to derogatory treatment.
7
You
agree
to execute any formal and additional assignment required by your employer to
vest or confirm the vesting in it of all rights in any Works as set out in
this
Clause 35 at the expense of your employer.
You
hereby authorise your employer to appoint someone to be your attorney and in
your name and on your behalf to sign, execute and do all such things as your
employer thinks necessary or desirable to fully vest or confirm the vesting
in
it of all rights in any works as set out in this Clause 35.
The
terms
and obligations of this Clause 35 shall survive the expiry or termination of
your employment for any reason.
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36.
|
DISCIPLINARY
ARRANGEMENTS
|
The
disciplinary procedure normally operated by your employer is set out in the
Staff Handbook. If you are unhappy with any disciplinary action you can exercise
your right of appeal under the procedure however the disciplinary procedure
is
not contractually binding either upon you or upon your employer, who may leave
out any or all of the stages of the disciplinary procedure.
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37.
|
SUSPENSION
FROM WORK
|
Your
employer has the contractual right under this contract to suspend you from
work
temporarily, paid or unpaid, in circumstances which your employer considers
to
be particularly serious or where further investigation or consideration appears
to your employer to be desirable or any other circumstances where your employer
considers your suspension to be necessary. During the period of suspension
you
will not be entitled to access any of your employer’s premises except at the
prior request or with the prior consent of your employer and subject to such
conditions as your employer may impose.
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38.
|
GRIEVANCE
PROCEDURE
|
If
you
have a grievance relating to your employment you should follow the grievance
procedure which is set out in the Staff Handbook. However the provisions of
the
grievance procedure are not contractually binding either upon you or upon your
employer.
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39.
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RETURN
OF PROPERTY
|
You
shall
return to your employer or as otherwise directed by your employer all vehicles,
tools, phones, documents, correspondence, equipment, computer discs and
software, specifications, reports, records, credit cards, keys, passes, lists
of
clients and customers, address lists, address books, files, books and any other
property of whatever kind and whether similar to any of the above or not,
belonging to or relating to the business of your employer or relating to the
business of or belonging to an associated employer or their clients or customers
together with all copies thereof which may be in your possession, custody or
control whenever requested by your employer to do so and in any event
immediately on the termination of your employment.
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40.
|
DATA
PROTECTION ACT 1998
|
Your
employer is regulated by the Data Protection Xxx 0000 (“the Act”) to the extent
that your employer obtains, records or uses any information (which is “data” for
the purposes of the Act) about you. The Act defines ‘data processing’ in such a
way that by obtaining, recording and using information about you, your employer
will be ‘data processing’ in relation to such information. The information will
include the contents of any job application form, CV, and references together
with HR records, appraisals and other records made about you during the
performance of your employment under this contract. It is a term of this
contract to which you signify your agreement when you sign this contract, that
you consent to your employer processing any data that your employer obtains
about you as a result of your being an employee of your employer. You also
consent to your employer processing “sensitive personal data” (as defined in the
Act) about you. You consent to data being transferred outside the European
Economic Area where in the sole opinion of your employer such a transfer is
necessary. Your employer is obliged to provide you with certain information
pursuant to Part II of Schedule 1 of the Act and you agree that your employer
has discharged that duty by providing you with the information contained in
Schedule Five of this contract.
8
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41.
|
CONFIDENTIALITY
|
You
must
not either during your employment or after it has ended for any reason disclose
to any person or use for any purpose whatsoever or copy any confidential
information relating to the business affairs or trade secrets of your employer.
For example this includes information about your employer’s customers or
clients, other employees, suppliers and prices or any other matter or
information on the employer’s database or about your employer’s business or the
business of your employer’s customers or clients which is not freely available
to the public.
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42.
|
NON-SOLICITATION
|
You
will
not during your employment or for a period of six months after the termination
of your employment for any reason attempt to solicit or accept work for private
gain on your own behalf and/or for any other individual, firm, corporation
or
company from any private individual, firm, corporation or company who within
the
period of six months before the termination of your employment have been a
client or customer of your employer with whom you have had personal dealings
in
the course of your duties nor will you attempt to interfere with the existing
business relations between any client or employee and your employer and at
no
time during your employment or for six months after the termination of your
employment for any reason will you approach any other employee of your employer
with a view to him or her ceasing to be employed by your employer or for the
purpose of enticing away or employing him or her.
You
agree
that the restrictions set out above are fair and reasonable and necessary to
protect the legitimate business interests of your employer. In the event that
any part of this clause shall be found by a court to be unreasonable or
unenforceable or void that part shall be severed and the remainder of this
clause shall be enforceable with such deletion or modification as may be
necessary to make it effective and for such period as is found to be reasonable
and valid in substitution for the period or periods contained in this
clause.
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43.
|
NON-WAIVER
CLAUSE
|
Any
delay
or failure to enforce or apply all or any of the rights that your employer
has
under this contract will not mean that your employer will therefore give up
or
lose those rights. The fact that you (or any other employee) has behaved in
a
particular way or broken the terms of this contract will not mean that your
employer approves of or has agreed to that conduct or breach of contract or
that
your employer gives up or loses the right to fully enforce the terms of this
contract at any time now or in the future.
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44.
|
YOUR
EMPLOYER
|
The
use
of the expressions “your employer” and/or “employer” in this contract and in the
Staff Handbook (including those parts of the Staff Handbook which are not
specifically incorporated in this contract) shall mean Rok Productions Limited
or its holding company or any subsidiary company of that holding company or
any
associated or affiliated company of that holding company.
9
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45.
|
JURISDICTION
|
This
contract is made within the jurisdiction of the Courts and Employment Tribunals
of England and Wales and shall be governed by the law of England and
Wales.
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46.
|
WHOLE
AGREEMENT CLAUSE
|
This
contract contains the whole agreement between you and your employer and
supersedes all previous contracts, agreements, arrangements or understandings
whether oral or written. No amendment to this contract will be legally binding
unless made in writing and signed on behalf of your employer by a duly
authorised person.
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47.
|
WRITTEN
PARTICULARS REQUIRED BY PART 1 OF THE EMPLOYMENT RIGHTS ACT
1996
|
This
contract contains all the written particulars that your employer is obliged
to
issue to employees by Part 1 of The Employment Rights Act 1996 and no other
statement will be issued unless your terms and conditions are
changed.
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48.
|
HEADINGS
|
The
headings to clauses used in this contract are for convenience only and shall
not
affect the interpretation of this contract.
10
SCHEDULES
Below
are the schedules referred to in this contract:
SCHEDULE
ONE
Employee’s
name:
Address:
Job
title:
Date
employment commenced:
SCHEDULE
TWO
Hours
of work: Your
usual hours of work are from 9.00 a.m. to 5.30 p.m. Monday to
Friday
SCHEDULE
THREE
Rate
of pay: Your
basic rate of pay is £ _____ per annum paid monthly.
SCHEDULE
FOUR
Holiday
entitlement: You
are entitled to _____ working days paid holiday in any one complete holiday
year.
SCHEDULE
FIVE
Data
Protection Xxx 0000
Data
Controller: Your
employer
Address:
Kingswood
Business Park, Xxxxxxxx Xx, Xxxxxxxxxx, Xxxxxxxxxxxxx, XX0 0XX
Data
Controller’s Representative: Xxxxxx
Marriott
Address:
As
Employer
Purpose
of data processing: to
keep adequate records of your recruitment, contract, performance, disciplinary
record, sickness record, pension details, wages, salary and other benefits,
appraisals and all other information arising in the performance of your contract
of employment for the purpose of the performance of the contract and the
administration and management of your contract and the administration and
management of your employer’s business or organisation and any other purpose
arising from the relationship of employer and employee created by this
contract.
Other
Relevant Information:
Description
of Data: all
records of your recruitment, contract, performance, disciplinary record,
sickness record, pension details, wages, salary and other benefits, appraisals
and all other information arising in the performance of your contract of
employment.
Intended
Recipients of Data: your
employer and all others authorised by you and /or your employer to receive
data
and all others to whom your employer is legally obliged to disclose the same
at
any time or to whom your employer deems it necessary or desirable to disclose
data for the purposes set out above.
11
Countries
outside the European economic Area to which data will or may be
transmitted:
Your
employer is not currently aware of any.
To
signify your agreement to employment with your employer on the terms contained
in it please sign both copies of this contract keeping one copy for yourself
and
returning the other to your employer.
I
have
read and understood this contract and hereby agree to employment with _____
on
the terms and conditions set out above.
signed............................................................. date:
Effective
(Employee)
signed............................................................. date:
Effective
Duly
authorised representative
(For
and on behalf of Employer)
signed............................................................. date:
Effective
Duly
authorised representative
(For
and on behalf of Employer)
THIS
IS A LEGALLY BINDING DOCUMENT.
12
