Professional Documents
Culture Documents
NAME OF EMPLOYER: Hotel du Vin Trading Limited (08960779) 3rd Floor, 95 Cromwell Road, London
SW7 4DL (“the Company”)
This is your Contract of Employment and contains a statement of the applicable terms of your
employment between you and the Company as required by section 1 of the Employment Rights Act
1996.
Definitions:
"Associated Company" means a company which is an "associated employer" under section 231 of the
Employment Rights Act 1996 or a company in which the Company or any Holding Company or
Subsidiary is directly or indirectly beneficially interested in 10% (ten per cent) or more of that
company's issued ordinary share capital;
"Group" means the Company and any Associated Company and all companies or undertakings which
are for the time being a Subsidiary Company or undertaking of the Company or any Associated
Company or a company or undertaking in which the Company, any Associated Company or any of its
or their Holding Companies or Subsidiary Companies has a majority of the voting rights in it;
"Group Company" means any company within the Group;
"Holding Company" and "Subsidiary" have the meanings defined by section 1159 of the
Companies Act 2006 (or any statutory modification or re-enactment of that Act) but for the purposes
of section 1159(1) Companies Act 2006 a company shall be treated as a member of another if any
shares in that other company are registered in the name of (i) a person by way of security (where the
company has provided the security) or (ii) a person as nominee for the company.
1. COMMENCEMENT OF EMPLOYMENT
1.1. You are employed by the Company. Your employment with the Company commenced
on 06 June 2023. Your employment in the role of Waiter/ Waitress, Hotel Du Vin
commenced on 06 June 2023. No employment with a previous employer counts
towards your period of continuous employment with the Company.
1.2. The first 3 months of your employment with the Company shall be a probationary period and
your employment may be terminated, by either you or the Company, during this period at any
time on no notice or 1 week’s notice in accordance with Clause 17.1. During this probationary
period your performance and suitability for continued employment will be monitored. You
will also be required to complete to a satisfactory standard all aspects of your induction,
2. JOB TITLE
2.1. You are employed as a Waiter/ Waitress, Hotel Du Vin, as detailed in your job description.
Your duties are flexible and you are required to undertake the reasonable duties to meet the
needs of the Company and its guests. You will be given advance notice of any significant
changes to your duties.
2.2. You may be required to undertake other duties from time to time as the Company may
reasonably require.
2.3. You warrant that you are entitled to work in the UK without any additional approvals and will
notify the Company immediately if you cease to be so entitled at any time during your
employment with the Company.
2.4. Your continued employment is subject to receipt of satisfactory references.
3. PLACE OF WORK
3.1. Your normal place of work is Hotel du Vin Brighton or such other place as the Company
reasonably determine.
3.2. You will not be required to work outside the UK for any continuous period of more than one
month during the term of your employment.
3.3. You may be required to work at another of the Company’s premises, its Associated
Company’s or Group’s premises or premises of its customers, clients, suppliers or
associates either within or outside the UK from time to time as requested by the Company.
4. SALARY
4.1. Your salary is £11.50 per Year which shall accrue from day to day and be payable monthly in
arrears on or about the last working day of each month directly into your bank or building
society account.
4.2. The company shall be entitled to deduct from your salary or other payments due to you, any
money which you may owe to the company at any time including, without limitation,
4.3. Any overpayments or loans made to you by the company; and/or
4.4. Losses suffered as a result of your negligence, carelessness, recklessness, dishonesty,
breach of company’s rules or breach of contract including any failure by you to work your
notice period or for loss of, failure to return or damage (other than ordinary wear and tear)
to, your uniform, keys, fobs or other company property
4.5. At no initial cost to you, the company may provide you with a uniform (“uniform”) to be worn
throughout your employment. you may also be given details on the cost of the uniform
(“costs”). in consideration of this, you agree that you are liable for the costs of all or the
relevant part of the uniform if you lose it, damage it (subject to reasonable wear and tear) or
fail to return it (upon request of the company or upon termination of your employment). the
company shall be entitled to deduct any costs due in respect of the uniform from your salary
7. BENEFITS
7.1. You may be eligible to participate in the following schemes (details of which are available
from the HR department), subject in each case to the terms of the relevant insurance policy
(as amended from time to time), the rules of the relevant scheme and you being eligible to
participate in or benefit from such scheme pursuant to its rules at a cost and on terms which
are acceptable to the company
7.1.1. Company’s pension scheme;
7.1.2. Company’s life assurance scheme;
7.1.3. Company’s income protection scheme;
7.1.4. Company’s critical illness scheme; and
7.1.5. Company's private medical insurance scheme
7.2. If the insurance provider refuses for any reason to provide any of the benefit to you under the
any of the schemes set out in Clause 7.1, the Company shall not be liable to provide to you any
replacement benefit of the same or similar kind or to pay any compensation in lieu of such
benefit.
7.3. The Company in its sole and absolute discretion reserves the right to discontinue,
vary or amend any of the benefits provided to you under this clause or otherwise,
including without limitation any of the schemes in Clause 7.1 (including the level of
your cover), at any time on reasonable notice to you.
8. TRAINING
8.1. During your employment you must complete essential compliance training during your
employment which will be provided by the Company. Specific details as to what training will
be involved will be detailed in your E-learning roadmap and also confirmed to you by your
line manager.
8.2. You are entitled to take part in various training courses which we may provide from time to
time which may be in-house, via a third party or Apprenticeship provider. Specific details of
what courses might be available can be found on the intranet. You should speak to your
manager in the first instance if you would like to take a course outside of the provisions
made in Clause 8.1.
9. APPEARANCE
9.1. Your appearance forms a vital part of our guests’ experience. You are expected to come to
work in Business Dress or the correct uniform issued to you, well-groomed and presentable
and with a high standard of personal hygiene. Further guidance on appropriate dress is in
the Company Handbook
9.2. Should you come to work inappropriately dressed, you accept that you are likely to be sent
home without pay to rectify the situation.
13. HOLIDAYS
13.1. You are entitled to 28 days' holiday during each holiday year (pro rata if you work part time).
You will be paid your normal basic remuneration during such holidays. The Company's
holiday year runs between 1st April - 31st March . If your employment starts or finishes part
way through the holiday year, your holiday entitlement during that year shall be calculated
on a pro-rata basis rounded up to the nearest half day.
13.2. You will be required to work all bank holidays (including Christmas Day) as normal unless
you have booked the bank holiday as a day’s holiday following the procedure set out below
unless otherwise agreed by your Manager.
13.3. You accrue your holiday entitlement in Clause 13.1 on a monthly basis throughout each
holiday year. At the discretion of your Manager, Holidays may not be authorised if the total
number of days’ holiday requested is more than 5 days in excess of your accrued holiday
entitlement at the time the holidays are to be taken.
13.4.Any proposed holiday dates must be booked in advance and these must be authorised via the
Company’s holiday request process. If you do not book your holiday throughout the holiday
year the Company reserves the right to allocate holiday dates to you. You will be given at
least twice the length of required holiday as notice of any such allocation of holidays by the
Company. In addition to the Company’s right to allocate as specified above, the Company may
require you to take holiday on specific days as notified to you.
Further details of such leave [and your pay during such leave] are available on the intranet and in the
Staff Handbook.
15.2. We may replace, amend or withdraw the Company's policy on any of the above types
of leave at any time.
If the employee has been employed by the company continuously for over four years, add one additional
week's notice for each further complete year of continuous employment, up to a maximum of 12 weeks.
17.2. The Company shall be entitled to dismiss you at any time without notice or payment
in lieu of notice if you commit a serious breach of your obligations as an employee, if
you cease to be entitled to work in the United Kingdom or the reference received by
the Company are not satisfactory.
17.3. Notwithstanding Clause 17.1, the Company may, in its sole and absolute discretion, terminate
your employment at any time and with immediate effect by notifying you that it is exercising
its right under this Clause 17.1 and that the Company will make a payment in lieu of notice
(“Payment in Lieu”) to you. This Payment in Lieu will be equal to the basic salary (as at the
date of termination) which you would have been entitled to receive under this Agreement
during the notice period referred to at Clause 17.1 (or, if notice has already been given, during
the remainder of the notice period) less income tax and National Insurance contributions.
17.4. For the avoidance of doubt, the Payment in Lieu shall not include any element in relation
to:
17.4.1. any bonus or commission payments that might otherwise have been due
during the period for which the Payment in Lieu is made;
17.4.2. any payment in respect of benefits which you would have been entitled to
receive during the period for which the Payment in Lieu is made; and
17.4.3. any payment in respect of any holiday entitlement that would have accrued
during the period for which the Payment in Lieu is made.
17.5. The Company may pay any sums due under Clause 17.3 in equal monthly instalments until the
date on which the notice period referred to at Clause 17.1 would have expired if notice had
been given. You shall be obliged to seek alternative income during this period and to
notify the Company of any income so received. The instalment payments shall then
be reduced by the amount of such income.
17.6. You shall have no right to receive a Payment in Lieu unless the Company has exercised its
discretion in Clause 17.3. Nothing in this Clause 17 shall prevent the Company from
terminating your employment in breach.
17.7. Notwithstanding Clause 17.3 you shall not be entitled to any Payment in Lieu if the Company
would otherwise have been entitled to terminate your employment without notice in
accordance with Clause 17.2. In that case the Company shall also be entitled to recover from
you any Payment in Lieu (or instalments thereof) already made.
17.8. Your notice may be extended if you are permitted to take annual leave during your
notice period. See clause 13.8
17.9. The company may use its discretion to accept any request for a reduction in the period of
notice required to be undertaken by the employee
19. PENSIONS
19.1. If you are eligible, the Company will enrol you automatically into the Company’s occupational
pension scheme in accordance with its obligations under Part 1 of the Pensions Act 2008.
Details of the scheme will be provided when you join the scheme. If you do not decide to opt
out of automatic enrolment:
19.1.1.You will be required to make pension contributions to the scheme at the level set out
under Part 1 of the Pensions Act 2008 OR
19.1.2. The Company will be required to make pension contributions to the scheme
at the level set out under Part 1 of the Pensions Act 2008 from time to time and you agree
to the Company deducting such contributions from your salary each month
19.2. The scheme is subject to its rules as may be amended from time to time, and the Company
may replace the scheme with another pension scheme at any time.
19.3. If you are not eligible to be enrolled automatically, the Company will comply with any duties it
may have in respect of you under Part 1 of the Pensions Act 2008 and will provide alternative
pension scheme arrangements to the extent required by law.
19.4.If you choose not to join the Scheme, the Company will comply with the employer pension
duties in respect of your employment in accordance with Part 1 of the Pensions Act 2008
19.5. A contracting-out certificate is not in force in respect of your employment.
19.6. The Company may invite you to join a separate pension scheme, the details and terms and
conditions of which will be provided to you.
22. IMMIGRATION
22.1. It is a condition of your employment that you hold, to the Company's satisfaction, the
appropriate permission to reside and work in the UK for the role being offered to you
throughout your employment with the Company. If you require permission to reside and
work in the UK you must immediately notify the Company. There is no guarantee that such
permission will be forthcoming from the appropriate authorities. If at any time you are
unable to demonstrate your right to live and work for the Company in the UK to the
Company’s satisfaction, the Company reserves the right to terminate your employment
and/or suspend you from your employment, at its discretion, with or without pay. You are
under a continuing duty to immediately disclose to the Company any change in your
circumstances that may affect your permission to reside and/or work in the UK or your
contact details.
22.2. In order to enable it to comply with its obligations under the Immigration, Asylum and
Nationality Act 2006 and/or any other UK immigration legislation, you must produce such
original documents relating to your immigration status that the Company requests prior to
commencing your employment and at any time the Company requests during the course of
your employment. The Company reserves the right to retain copies of the requested
documents for a period of up to two years following the termination of your employment.
22.3. The Company also reserves the right to make such enquiries with the relevant UK
Immigration Authorities as are necessary to establish your right to live and work in the UK
and you hereby confirm that you give your permission for the Company to make such
enquiries and submit such documents to the relevant UK Immigration Authorities as are
required.
I agree to the above terms and confirm I have been provided with the Company Handbook and I have
read and understood the Company's disciplinary procedure, information governance statement,
sickness/ absence reporting policy, health and safety responsibility statement, cash and key
security declaration, authority to sell alcohol and liquor indemnity policy statement, weights and
measures policy statements and food handlers policy statement.
Signed on behalf of
Date: 07 June 2023
Company:
Signed on behalf of
Date: 07/06/2023
Candidate: