Only those details highlighted in yellow may be amended on this document. All other words and terms must remain the same.

This contract is only to be used for hourly paid team members starting on or after the 26-11-12

STATEMENT OF MAIN TERMS OF EMPLOYMENT

This Statement, together with any company policies/documents where it is expressly stated as such, forms your Contract of Employment and sets out particulars of the main terms on which

PizzaExpress (Restaurants) Ltd,

Hunton House, Highbridge Estate, Oxford Road, Uxbridge, Middlesex, UB8 1HU employs;

Name: KatarzynaPogodzinska

Continuous employment began on:21/04/2014

Your employment began on:21/04/2014if new role, replace date with start date of current role

End Date of employment (For Fixed Term Contract Only): insert detail here

No previous employment counts as part of your period of continuous employment.

Job Title:Waiter

It is a condition of your employment that you are prepared to accept reasonable changes to your duties and/or undertake duties of any other person within the restaurant on a permanent or temporary basis.

Place of Work: Inverness

You will normally be required to work at (see above) or such other places as the Company may require and it is a condition of your employment that you are prepared to transfer to other restaurants within a reasonable distance/travelling time from your home on a permanent or temporary basis as the Company deems necessary for business needs. Reasonable notice of such requirement will be given.

Right to work in the UK:

Before starting employment you must provide us with acceptable evidence of your right to work in the UK.

The following provisions apply if your stay in the UK is subject to a time limit:

If we ask (and, in any case, at least every 12 months) you must show us (and allow us to copy) such documents and other evidence as the UK Border Agency accepts as showing that you have the right to work in the UK. Information on what documents and evidence are acceptable may be obtained from the HR Manager.

If you are sponsored by us under the UK Border Agency’s Points Based System, you must give us contact details (including your address and any phone numbers you use) and let us know if these change. You must also comply with any policy or procedure we may have relating to sponsorship and your and our obligations.

You must tell us immediately of any changes in your immigration status or personal circumstances which may affect your right to work in the UK.

We may provide the UK Border Agency with information about you from time to time.

Hours of Work:

Your normal hours of work will vary each week. You will normally be required to work delete as appropriate. You may ONLY choose from one of these 4 options (5, 10, 15, 25) hours per week, but this is not guaranteed.The days/shifts/hours which you work and your start and finish times may vary in order to meet the needs of the business and/or operational efficiency.Flexibility is important and you may be required to work reasonable additional hours/days to cover sickness, holidays and busy times.However, additional hours are not guaranteed and there is no right to work extra hours. You may agree with your manager to work longer or shorter hours than those set out in your statement of employment as a one off, temporarily or over an extended period, but these will not become your normal weekly basic hours until such time as this is confirmed in a revised statement of employment.

You will be entitled to a 30 minute unpaid break if continuous working hours exceed or are expected to exceed 6 hours (4.5 hours if you are under 18 years of age). You will be entitled to a further 30 minute break if your continuous work exceeds or is expected to exceed a further 6 hours. This is in accordance with the Working Time Regulations 1998. These breaks do not count towards your working hours.

For employees working on a rota, the Company regards this type of work as ‘shift work’ within the statutory regulations for working hours. The pattern of your shifts may result in you not receiving standard statutory daily rest breaks but, to compensate, we will arrange the rota so that you receive equivalent gaps between duties so overall you will get the right amount of breaks. The length of a shift will vary between sites and is at the discretion of the manager.

Shortage of Work:

If there is a temporary shortage of work for any reason the company reserves the right to lay off you off or place you on short time working. For the avoidance of doubt if you are placed on short time, you will only be paid for the hours actually worked during such a period.

If you are laid off, you may be asked to attend training, work in nearby restaurants and/or take any accrued and outstanding holiday during the lay off period. During any period of lay off you will not receive pay from the Company. Depending on the circumstances, you may have a statutory right to a guarantee payment.

Remuneration:

Your rate of pay is 6.31per hour payable in arrears normally in 4 weekly intervals by credit transfer as detailed on your pay statement. You are required to submit bank or building society details and it is your responsibility to notify your line manager of any changes to these details. Any variations to your normal pay will be adjusted the following month.

Deductions:

Any sums due from you to the Company may be deducted from your salary and/or from any other money due to you from the Company. If you leave the company whilst still owing any monies you will need to arrange for a payment to be made to the company within one month of your leave date.

Overpayment:

If you are overpaid for any reason, the total amount of the overpayment will normally be deducted from your next payment but if this would cause hardship, arrangements may be made for the overpayment or repayment to be recovered over a longer period.

Tips and Gratuity:

Cash tips, where applicable, are strictly between you and the customer. It is your responsibility to account for any tips to HMRC. All other gratuities are usually paid through the Tronc system according to the independent rules of the Tronc system (not included as part of your terms and conditions of employment). These can be provided by the Tronc Master.

Collective Agreements:

No Collective Agreements affect your terms and conditions of employment.

Annual Leave and Public/Bank Holidays

Your holiday year begins on 1st April and ends on 31st March each year.

You are entitled to 5.6 weeks paid statutory holiday per year, pro rata for part time employees, inclusive of Public/Bank Holidays. Public/Bank Holidays are considered as usual working days paid at your usual hourly rate (see below). If you start or finish employment part way through a holiday year, your entitlement to holiday will be calculated on a pro rata basis.

Your working week is the average number of days you typically work over a 26 week period. A full working week is deemed to be 5 days. Your working day is the average number of hours you typically work per day over a 12 week period. Holiday pay for holiday taken is based on your average hours. This will be calculated according to the 12 weeks prior to the holiday.

Holiday may be taken only at times convenient to the Company as previously approved by the Company and you must give sufficient advance notice of any proposed holiday dates. Further details of the notice requirements can be found in the Company’s non-contractual holiday policy and may be subject to change.

Holiday not taken by the end of the holiday year may not be carried forward to the following holiday year without the Company's written permission. Permission will only be given in exceptional circumstances. Payment will not be made for holiday not taken.

If upon leaving employment your holiday entitlement has been exceeded, the excess will be deducted from your final salary payment. If holiday is owing to you, the Company may at its discretion, require the holiday to be taken during your notice period or pay you a sum in lieu of accrued holiday.

Accrued but untaken holiday is calculated by reference to:

a)Remaining holiday entitlement in weeks

b)Average hours per week according to the 12 weeks prior to your last day

c)Hourly rate of pay

The formula used to calculate entitlement will be A x B x C

Conditions relating to the taking of annual holiday are shown in the Holiday policy which is non-contractual and is subject to change.

Inclusive in your 5.6 weeks’ holiday entitlement you are may take time off on the eight public/bank holidays each year with pay. However, because of the nature of our business you may be required to work on any of the public/bank holidays listed below according to the restaurant plans and it is a condition of your employment that you work on these days when required to do so. The rate of pay for working on a bank holiday is your normal hourly rate. You will not be paid for the holiday if you are on unauthorised leave on the working day immediately before and or after it.

The public/bank holidays each year are; New Year’s Day, Good Friday, Easter Monday, the first Monday in May, the last Monday in May, the last Monday in August, Christmas Day, Boxing Day.

Entitlement to paid time off for Bank/Public Holidays is pro rata for part time employees.

Sickness pay and conditions:

If you are absent from work due to sickness or injury and comply with the notification/qualification requirements you will be paid Statutory Sick Pay in accordance with the provisions of the Social Security Contributions and Benefits Act 1992.

The Company may at is sole and absolute discretion make payments in addition to and inclusive of SSP for periods of absence due to sickness or injury (except during probation). Payment is conditional upon proper adherence to the sickness reporting procedures. The details of this non contractual scheme can be found in the Company Sickness Policy and may be subject to change.

The Company reserves the right to withhold company sick pay in instances where notification procedures are not followed and also for refusal to cooperate with requests to attend case management meetings and company doctor appointments.

Sick pay is subject to the usual deductions for PAYE, national insurance, pension contributions, etc.

You are required to give as much notice of absence as is practicable to allow for cover to be arranged. You must telephone your manager or, if unavailable, another member of staff and you must explain the reason for your absence and give as much information as you can about when you expect to return to work. In extreme circumstances if you are unable to make this telephone call, you must ensure that someone else does on your behalf.

An absence period less than 7 days (including non-working days) is to be self-certified upon your return to work. If your absence lasts for 7days or more you must immediately obtain a doctor’s certificate, stating the period for which you will be unable to attend work and the reason for this. If you are unable to return by the end of that period you must obtain a further certificate. Additional certificates should be obtained to cover the full period of your absence. All certificates must be sent to your manager or to the payroll department as soon as you have obtained them.

The Company reserves the right at any time (whether you are absent from work or not) to require you to undergo a medical examination by your GP, another person responsible for your clinical care and/or a medical practitioner appointed by the Company. The Company will pay the cost of any such examination and all information given in connection with it and any report on it shall be fully disclosed to the Company. You must not refuse, fail to attend or arrange appointments or refuse your consent to the disclosure of any report or test results.

Disciplinary, Capability and Grievance procedures

The disciplinary, capability and grievance procedures applicable to your employment can be found in the relevant policy. They are for guidance only and do not form part of your contract of employment. However, the Company reserves the right to suspend you from work for however long we consider appropriate to investigate any aspect of your performance or conduct or to follow disciplinary proceedings. During any period of suspension you would normally receive the same pay and benefits as if you were at work, although we reserve the right to withdraw and/or defer pay and/or benefits in appropriate circumstances. Before doing so, we would normally follow the disciplinary/capability procedure. We also reserve the right demote or re-deploy you in line with these procedures where it is deemed appropriate.

If you wish to appeal against a grievance, capability or disciplinary decision, you may apply in writing to the manager stated as such in the outcome letter you will receive in accordance with the disciplinary, capability or grievance procedure.

If you wish to raise a grievance, you may apply in writing to your line manager or line manager’s manager in accordance with the grievance procedure.

Probation Period

Your employment is subject to satisfactory completion of a 3 month probation period. During this 3 month period your work performance and general suitability will be monitored and assessed and, if it is satisfactory, your employment will continue. However, if your work performance is not up to the required standard or you are considered to be generally unsuitable, we may either take remedial action (which may include the extension of your probation period) or terminate your employment at any time.

We reserve the right not to apply our full capability and disciplinary procedures, sick pay scheme and pension scheme during probation period. Conditions relating to the non-contractual procedure can be found in the Company policy and may vary from time to time.

Notice of Termination

You may terminate your employment by giving your line manager not less than one week’s notice in writing. The Company may terminate your employment by giving you the following periods of notice depending on your length of service:

  • Less than one month’s service – no notice
  • Between one month and two years of service – 1 week
  • Thereafter, 1 weeks’ notice for each completed year of service up to a maximum of 12 weeks after 12 years of service.

If you fail to give or work your proper notice when required to do so you may not be paid for your notice period and you will have an amount equal to any additional cost of covering your duties during the period of notice not worked deducted from any termination pay due to you. You may also forfeit any contractual accrued holiday pay due to you over and above your statutory holiday pay.

Instead of requiring you to work during your notice period (or any remaining part of it), the Company may, at its discretion, choose to terminate your employment immediately and pay a sum equivalent to your gross basic salary (less appropriate PAYE deductions) in lieu of your notice period (or the remaining part of it). This provision, which is at the Company's discretion, applies whether notice to terminate the contract is given by you or by the Company.

Upon either party giving notice of termination of employment, the Company may, at any time and for any period, require you to cease performing your job and/or prohibit you from entering any of our premises. During such period of Garden Leave we will continue to pay your wage/salary and provide benefits (or an allowance in lieu thereof) that form part of your contract of employment.

An employee guilty of gross misconduct will be liable to summary dismissal without notice or pay in lieu of notice or accrued contractual holiday pay.

Pension Provision – Auto Enrolment

All new employees will be assessed and automatically enrolled within 3 months of their start date into NEST if they reach the qualifying earnings band.

.You can opt in at any time. For further information please look on the Pension page on the Intranet

You can speak to the Pensions Team by calling 01895 263443 or email .

Right of Search

The Company reserves the right to search all employees whilst on company premises. Searches may include your person, belongings, lockers and vehicles. By signing this agreement you consent to such searches. Searches are random and do not imply suspicion. Further details can be found in the relevant Company policy.

Personal Information

We aim to comply with the provisions of the Data Protection Act 1998 and have adopted a Data Protection Policy, which includes an explanation of what data we process about you, and the purposes for which we do so. The Policy may be found on our intranet.