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IN THE HIGH COURT OF JUSTICE Claim No. HQ16X01238
QUEEN’S BENCH DIVISION
BETWEEN:
ALAN BATES & OTHERS
Claimants
-and-
POST OFFICE LIMITED
Defendants
APPENDIX A - SUBPOSTMASTER CONTRACT
(note: pages 7 - 15 inclusive non-existent in original
Subpostmaster Contract)
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CONTENTS
1. SUBPOSTMASTERS’ CONTRACT AND STATUS 1
1.1. CONTRACT 1
1.2. PO RULES & POSTAL INSTRUCTIONS 3
1.3, CONTRACT - CHANGES AND AMENDMENTS 4
1.4. REGIONAL GENERAL MANAGER 4
2. REMUNERATION 5
2.1. GENERAL 5
2.2. FREQUENCY OF PAYMENT 5
2.3, COMMERCIAL BRANCHES AND SMALL BRANCHES 5
2.4. SEASONAL SUBPOSTOFFICE BRANCHES 6
2.5, SUBPOSTMASTERS PERSONAL BUSINESS 6
2.6, PROHIBITIONS 6
2.7. QUESTIONS ABOUT REMUNERATION 6
3. SUBPOSTMASTERS’ ABSENCE FROM OFFICE 15
3.1, GENERAL 15 oO
4. ABSENCE ON HOLIDAY - HOLIDAY SUBSTITUTION ALLOWANCE 16
4.1, CLAIMS FOR REIMBURSEMENT 17
4.2, PREPERATION OF CASH ACCOUNTS 19
5. ABSENCE-TO ATTEND TERRITORIAL, FORCES RESERVE, ETC, TRAINING 20
5.1. ARMY 20
5.2, ROYAL NAVY 21
5.3, ROYAL AIR FORCE 21
6. ABSENCE FOR JURY SERVICE 22
7. SUBPOSTMASTERS’ SICK ABSENCE SCHEME-SUBSTITUTION ALLOWANCE 23
7.1. CONDITIONS AND LIMITATIONS 23
7.2. PERIODS OF SICK ABSENCE OF LESS THAN 3 WEEKS 25
8. STATUTORY SICK PAY SCHEME 26 ©
8.1. INTRODUCTION 26
8.2. GENERAL 26
8.3, EXCLUSIONS 27
8.4. QUALIFYING CONDITIONS 27
8.5. NOTIFICATION OF SICKNESS 31
8.6. EVIDENCE OF SICKNESS 31
8.7. END OF ENTITLEMENT TO STATUTORY SICK PAY 32
8.8, RULES OF PAYMENT 32
8.9, DUAL EMPLOYMENT 32
8.10, SICK ABSENCE SUBSTITUTION SCHEME 32
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9 RESIGNATION AND RETIREMENT
9.1. RESIGNATION
9.2. RETIREMENT
10. NATIONAL INSURANCE
10.1, CLASSIFICATION
10.2. PERSONS TAKING UP APPOINTMENT AS A SUBPOSTMASTER
10.3. CONTRACTING OUT
10.4. CONTRIBUTIONS:
10.5. MARRIED WOMEN AND WIDOWS
10.6. NON LIABLE SUBPOSTMASTERS
10.7. ARREARS OF REMUNERATION
10.8, DEATH OF SUBPOSTMASTERS
10.9. HOLIDAY AND SICK ABSENCE PAYMENTS
10.10. SICKNESS BENEFITS
10.11. SUBPOSTMASTERS WITH MORE THAN ONE EMPLOYMENT
10.12. SUBPOSTMASTERS SUSPENDED FROM OFFICE AND THEIR SUBSEQUENT REINSTATEMENT
10.13, CHANGES IN NATIONAL INSURANCE STATUS.
10.14. DEFERMENT OF NORMAL RETIREMENT DATE
10.15, RESIGNATION/TERMINATION OF APPOINTMENT
10.16. MARRIED WOMEN AND WIDOWS:
10.17. CANCELLATION OF ELECTION TO PAY AT REDUCED RATE
10.18. ACTUAL EXPENSES INCURRED
11, INJURY RESULTING FROM CRIMINAL ATTACK
11.1. REPORTS
11.2. POST OFFICE COUNTERS LTD PERSONNEL CRIMINAL INJURY COMPENSATION SCHEME
11.3, EXCLUSIONS
11.4. CONDITIONS
11.5. CLAIMS PROCEDURE
11.6. EVIDENCE
12, RESPONSIBILITY FOR POST OFFICE STOCK AND CASH
12.1. CREDIT STOCK OF STAMPS ETC.
12.2. CASH BALANCE
12.3. ACCOUNTS :
12.4. SECURITY OF CASH, STAMPS ETC.
12.5. GAINS
12.6. THEFT OR BURGLARY
12.7, MISSING OR STOLEN STOCK
12.8. RELIEF
13. PREMISES
13.1, TENANCY
13.2. ALTERATIONS TO SUB-OFFICE PREMISES, ACCOMMODATION
13.3, NOTICES
13.4, RESITING OF POST OFFICE SECURITY EQUIPMENT
13.5, RESIDENCE
13.6. MAILWORK OFFICES
13.7. ADVERTISEMENTS
14. HOURS OF BUSINESS
14.1, INTRODUCTION
14.2. STANDARD COUNTER HOURS OF SERVICE
14.3. LUNCH TIME AND HALF DAY CLOSURE (MONDAY TO FRIDAY)
14.4. EXTENDED HOURS
14.5, SUSPENSION OF MID-WEEK HALF-DAY CLOSING DURING THE CHRISTMAS AND.
NEW YEAR
14.6. LOCAL HOLIDAYS AND TUESDAYS AFTER BANK HOLIDAYS
14.7. ADVERTISING OF HOLIDAYS
14.8. PAYMENT FOR THOSE PERIODS OUTSIDE THOSE MENTIONED IN
PARAGRAPH 2 ABOVE - NON MAILWORK OFFICES
18. ASSISTANTS
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15.1. GENERAL 61
15.2, ASSISTANTS’ CONDITIONS OF SERVICE 61
15.3. AGE 61
15.4, SUITABILITY OF APPLICANTS - REFERENCES. 62 i
15.5. SUB-OFFICH ASSISTANT ACCUSED OR SUSPECTED OF DISHONESTY ETC. 63
15.6. UNSUITABLE PERSONS: 4 I
15.7. OUTDOOR POSTAL WORK 64
16. DIVULGENCE OF OFFICIAL INFORMATION, CORRESPONDENCE
AND INTERVIEWS
16.1. DIVULGENCE OF OFFICIAL INFORMATION
16.2. PERSONAL DECLARATIONS
16.3. CONTACT WITH THE PUBLIC NEWS MEDIA
16.4. PUBLICATION OF OFFICIAL INFORMATION
16.5. CORRESPONDENCE WITH THE PUBLIC
16.6. OFFICIAL DOCUMENTS AND LEGAL PROCEEDINGS
16.7. USE OF OFFICIAL INFORMATION OR POSITION FOR PRIVATE PURPOSES
16.8. BREACHES TO BE REPORTED
SSSIQRRGA
SUBPOSTMASTERS’ PRIVATE BUSINESS ACTIVITIES %
1. “PRIVATE BUSINESS ACTIVITIES” %
. BETTING 7B
}. LICENSED PREMISES vi)
POUTICAL ACTIVITIES 79
. USE OF THE NAME “POST OFFICE” 7”
», CANVASSING 80
80
80
80
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. EMPLOYMENT IN THE POST OFFICE OR THE CIVIL SERVICE
BORROWING AND LENDING MONEY
‘USE OF POST OFFICE EMPLOYEES IN PRIVATE BUSINESS
18. NON-OBSERVANCE OF RULES: APPEALS PROCEDURE 8h
18.1. ALLEGATIONS OF NON-COMPLIANCE OR NON-OBSERVANCE OF RULES 81
18.2. REPRESENTATIONS ON POST OFFICE MATTERS 81
18.3, APPEALS 82
18.4, APPROACHES TO PERSONS OUTSIDE THE POST OFFICE 82
OFFENCES: SUSPENSION
I. ARREST
IMMORALITY
SUSPENSION FROM OFFICE
CRIMINAL CONDUCT
INDUCEMENT TO ACT CONTRARY TO RULES
THEFTS BY STRANGERS
FAILURE TO REPORT DISHONESTY
ENQUIRIES BY OFFICERS OF THE POST OFFICE INVESTIGATION DIVISION:
19.9. FRIENDS AT INVESTIGATION INTERVIEWS
19.10, SEARCHES
20, INFECTIOUS (INCLUDING CONTAGIOUS) DISEASES:
‘TELEPHONE FACILITIES AT SCALE PAYMENT SUB-POST OFFICES
PROVISION OF TELEPHONE FACILITIES
REIMBURSEMENT
. RENTAL CHARGES
. CALL UNIT ALLOWANCE
. SUPPLEMENTARY ALLOWANCE
3. EMERGENCY REPAIRS:
REIMBURSEMENT OF VAT CHARGES
22. QUALITY STANDARDS
223. QUALITY STANDARDS
22.4, SUBPOSTMASTER HRRORS: MAXIMUM PENALTIES:
S SRELR SSSEESSES FS SRRRRLESSSS
23, REDEMPTION OF TELEPHONE, TELEVISION, MOTOR VEHICLE AND OTHER SAVINGS STAMPS
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24,
24.1,
24.2.
24.3,
24.4,
24.5.
24.6.
24.7.
24.8.
24.9,
25.
MAILWORK
GENERAL
ACCOMMODATION AND FITTINGS
ATTENDANCE
ACCESS TO PREMISES
POST OFFICE OBLIGATIONS
CHANGES TO FACILITIES
REMUNERATION
WITHDRAWAL OF MATLWORK.
CHANGES IN CONDITIONS OF SERVICE
ACCOMMODATION SPECIFICATION
SUBPOSTMASTER SPECIFICATION
ROYAL MAIL SPECIFICATION
PAYMENT ON WITHDRAWAL OF MAILWORK
MAILWORK INDEX
INDEX
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POST OFFICE. COUNTERS LTD
SECTION 1
SUBPOSTMASTERS’ CONTRACT AND STATUS
CONTRACT
‘The contract is a contract for services and consequently the Subpostmaster is an agent
and not an employee of Post Office Counters Ltd.
All references to Subpostmasters are to be construed as including Subpostmistresses
unless otherwise stated or implied from the context.
The Subpostmaster must provide and maintain, at his own expense, reasonable office
accommodation required by Post Office Counters Ltd, and pay also at his own.
expense, any assistants he may need to carry on Post Office Counters business.
‘The hours of attendance (liable to variation) are:
oN
to on Sundays
to
to on Bank Holidays
on week days to
to on Public Holidays
sesss
to on days, except when registered items or parcels are on
hand for despatch, when it may be necessary to attend at
PM.
The Subpostmaster is not obliged to attend the sub-office personally but he is ¢
required, whether he is there or not, to accept full responsibility for the proper
running of his sub-office and the efficient provision of those Post Office services which
are required to be provided there. Retention of the appointment as Subpostmaster is
dependent on the sub-office being well managed and the work performed properly to
the satisfaction of Post Office Counters Lid,
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The Subpostmaster is informed at the time of his appointment of the classes of
business he is required to provide. He must also undertake, if called upon to do so
later, any other class of business not required at the time of his appointment but which
Post Office Counters Ltd may subsequently and reasonably require him to do, except
that Post Office Counters Ltd may not require him to undertake Mailwork where the
Subpostmaster did not undertake to do so as part of the terms of his appointment,
If Post Office Counters Ltd alters the services to be provided or withdraws a service
the Subpostmaster has no claim to compensation for any disappointment which may
result from the change.
‘The terms of the appointment of Subpostmaster do not entitle the holder to be paid
sick or annual leave, pension or to compensation for loss of office.
If on resignation of his appointment the Subpostmaster disposes of his private
business and/or premises in which the sub-office is situated, the person acquiring the
private business and/or the premises or exchanging contracts in connection with the
purchase of the private business and/or premises will not be entitled to preferential
consideration for appointment as Subpostmaster.
Should the Subpostmaster desire to resign his office he must give three calendar
months notice in writing failing which he shall be liable to bear any expense incurred
by Post Office Counters Ltd in consequence. The Agreement may be determined by
Post Office Counters Ltd at any time in case of Breach of Condition by him, or non-
performance of his obligation or non-provision of Post Office Services, but otherwise
may be determined by Post Office Counters Ltd on not less than three months notice.
‘The Subpostmaster will display a vacancy notice in the Sub-Post Office window at the
time of his resignation if so required by the Regional General Manager.
‘The Subpostmasters’ initial remuneration will be in accordance with the official figures
of business found to be warranted at the last revision.
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PO RULES & POSTAL INSTRUCTIONS
13.
iu.
15.
16.
17.
SECTIONS 1-23 contain the general terms of a Subpostmasters’ appointment. Post
Office Counters Ltd isswes the Subpostmaster with rules and Postal Instructions which
deal with the various classes of Post Office Business to be transacted at his sub-office.
‘The rules provided for the instruction and guidance of Subpostmasters must be kept
up to date, They must be carefully studied and applied. No breach of rules will be
excused on the grounds of ignorance,
Operational rules are intended for the instruction an guidance of both the
Subpostmaster and the staff which he employs at his sub-office. The Subpostmaster
must ensure that his Sub-Office Assistants carry out their duties in accordance with
the rules and instructions affecting their respective duties.
Certain Postal Instructions are supplied to Mailwork offices for the use of the postmen
employed there and should be kept in a position where they are readily available for
reference. These particular instructions and rules do not apply to Subpostmasters.
Duties - The principal duties at present required have been marked on the following
list:-
Sale of Postage Stamps. Filling and clearing of Stamp-Selling Machines. Treatment of
Postal Packets, including Overseas Parcels, Despatch and receipt of Mails.
Business connected with:
Postal Orders Telephone Accounts
Pension Allowances Telephone Saving Stamps
Saving Certificates National Insurance
Savings Bank, Government Stock and Annuities Premium Savings Bonds
Television Licences Local Taxation Licences
Television Licence Savings Stamps Girobank
Motor Vehicle Licence Saving Stamps Community Charge.
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CONTRACT - CHANGES AND AMENDMENTS:
18. Changes in conditions of service and operational instructions, including those which
are agreed with the National Federation of Sub-Postmasters, will appear from time to
time in Counter News or by amendment to the Contract. Such changes and
instructions are deemed to form part of the Subpostmaster’s contract.
REGIONAL GENERAL MANAGER
19. All instructions received from the Regional General Manager should be carried out as
promptly as possible.
END
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SUBPOSTMASTER’S CONTRACT VARIATION OCT 2004
Post Office Ltd
Section 2 of the Subpostmaster’s Contract
REMUNERATION
GENERAL
1. A Subpostmaster is paid according to the amount of work which is
transacted at his sub Post Office® branch. All remuneration is in respect of
the provision of Post Office® services.
FREQUENCY OF PAYMENT
2. Remuneration is paid monthly, by bank credit transfer, during the
period of the Subpostmaster’s appointment, in accordance with the provisions
of the remuneration booklets referred to below.
COMMERCIAL BRANCHES AND SMALL. BRANCHES
3.1. The method of calculating a Subpostmaster’s remuneration will depend
on whether his sub Post Office® branch is designated by Post Office Ltd from
time to time as either a Commercial Post Office® branch or a Small Post
Office® branch in accordance with the provisions of the remuneration
booklets issued by Post Office Ltd from time to time for each category of
branch,
3.2. The remuneration system applicable to Subpostmasters of each (
category of branch are set out in these remuneration booklets. The ‘
remuneration booklets also contain the rates of remuneration applicable to
each category of branch,
3.3 Post Office Ltd may revise the remuneration rates set out in the
remuneration booklets (in whole or in part) from time to time following
{consultation with the National Federation of Subpostmasters. Any such
revisions will be communicated to Subpostmasters.
3.4 Post Office Ltd may also revise other parts of the remuneration
booklets (Including the definitions of Commercial and Small Post Office®
branches and the remuneration system applicable to them) from time to time,
following negotiation with the National Federation of Subpostmasters. Any
such revisions will be communicated to Subpostmasters. Where appropriate,
revised versions of the booklets will be distributed to Subpostmasters.
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3.5 The remuneration booklets (and any revisions to them) form part of the
Subpostmaster’s Contract.
SEASONAL SUB POST OFFICE ®@ BRANCHES
4, Where a sub Post Office® branch Is regularly open for part of the year
only, remuneration will be paid for the period of opening only.
SUBPOSTMASTER’S PERSONAL BUSINESS
5. Full credit is normally allowed for the personal Post Office® business of
a Subpostmaster and members of his household, but Post Office Ltd reserves
the right to withhold credit for part of such business at its discretion.
PROHIBITIONS
6. The delivery of stamps or postal orders or other items of business at
the premises of persons, firms or companies is forbidden. Remuneration may
be withheld in respect of any business obtained by a Subpostmaster in breach
of this clause.
QUESTIONS ABOUT REMUNERATION
7 {f a Subpostmaster considers that the provisions of this Section have
not been correctly applied in the case of his branch he should contact the
People and Organisation Service Centre on 0845 601 6260
END
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SECTION 3
SUBPOSTMASTERS’ ABSENCE FROM OFFICE
GENERAL
A Subpostmaster, under the terms of his contract, is not obliged to render personal
service and is therefore froe to absent himself from the office, provided he makes
suitable arrangements for the conduct of the office during his absence.
He should notify the Regional General Manager on form P2593 when he will be away
for a period of more than 3 days and give the name of the person substituting for him.
A Subpostmuster’s responsibility for the proper conduct of the office, or for any losses
occurring during his absence, is in. no way diminished by his absence from the Sub-
Office, He must make proper provision, at his own expense, for the conduct of the
office while he is away, but assistance towards the cost of his own substitution is
provided, in respect of certain absences, under the terms outlined in other relative
sections listed below:
SECTION 4 Absence on holiday
SECTIONS Absence on Territorial Training,
SECTION 6 Absence for Jury Service
SECTION7 Sick Absence Scheme
END
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SECTION 4
ABSENCE ON HOLIDAY - HOLIDAY SUBSTITUTION ALLOWANCE
1
4,
A Subpostmaster is not entitled to annual leave as such, but subject to the following
conditions he may claim for reimbursement of the necessary cost of his substitution
when taking a holiday. To qualify for reimbursement, the Subpostmaster must be
able to certify that he renders on overage not less than 18 hours personal services each
week,
‘The reimbursement of the costs of substitution is paid as Holiday Substitution
Allowance and the maximta payable are published annually in Counter News. The
sum reimbursable is the net additional cost necessarily incurred by the
Subpostmaster in providing during his own absence for the Post Office duties which
he normally performs.
To assist Subpostmasters to overcome the difficulties sometimes experienced in
obtaining suitable substitutes in a particular year the holiday substitution allowance
extends over a period of 2 years, The holiday periods for which the costs of
substitution are payable are:
For a Subpostmaster with less than 10 years service; a Lotal not exceeding 7 weeks in a
period of 24 months beginning 1 April in every odd year; 7 weeks for this purpose
consist of 42 weekdays plus not more than 7 associated Sundays,
For a Subpostmaster with 10 years or more aggregated servico; a total not exceeding 8
weeks ina period of 24 months beginning 1 April in every odd year; 8 weeks for this
purpose consists of 48 weekdays plus not more than 8 associated Sundays.
NOTE: Subject to the above limits on holiday periods, Subpostmasters may claim
reimbursement of substitution costs for absences of less than 3 days, provided that
claims are aggregated and made quarterly.
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Proportionate adjustments will be made to the period for which reimbursement can be
claimed when a Subpostmaster qualifies for the higher allowance during the 2 year
cycle,
Subject to the limits in paragraphs 3,4 & 5, a Subpostmaster is free to take up to the
maximum of the period for which he may claim holiday substitution allowance at any
time during thw 2 year cycle provided that he makes suitable arrangements for the
conduct of the office during his absence. A further cycle will recur in every odd year.
The Subpostmaster must do his best to find his own substitute and make all necessary
arrangements for his absence, which should be notified to the Regional General
Manager on form P2593. In cases of difficulty the Regional General Manager or the
Secretury of the local branch of the National Federation of Sub-Postmasters may be
able to give the names and addresses of local people known to be willing to offer their
services as holiday relief's to Subpostmasters. Responsibility for concluding
arrangements with such people ramains with the Subpostmaster concerned.
CLAIMS FOR REIMBURSEMENT
The Subpostmaster must submit a forma! claim for reimbursement of the holiday
substitution allowance on forms P2340 and P2340(A) (obtainable from the Regional
General Manager) within three months of the end of the period of substitution to
which the claim relates, except in the cases as in paragraph 10 where claims should be
submitted quarterly. He must certify:
9.1 that he has taken a holiday both from the Sub Post Office and from his private
business during the whole period covered by the claim; and
9.2 that in respect of the services he provided as subpostmaster, he has actually and.
necessarily incurred additional expenditure equating to the amount claimed, in
respect of a paid substitute or substitutes, payment will not be made in respect
of substitution by family members who work in the Sub-Post Office unless their
involvement is occasional or, if regular, minimal.
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10.
11.
12.
13.
4,
Claims for refundment of substitution costs for absences of less than 3 days (see Note
at paragraph 5) should be submitted on form P2340 and P2340(A) at the quarter end,
showing the separate dates of absence and the costs of substitution incurred.
In addition to the arrangement quoted above, with effect from January 1990 all claims
for reimbursement of the cost of employing a substitute for periods longer than 2 days
in the event of holiday or sickness, should be submitted for payment to the Regional
Office no later than six months following the date the claim is made.
Where a Subpostmaster is employed by the Post Office either on a full or part-time
basis, e.g. Auxiliary Postman, it is essential, in view of the terms of the certificate
required us a condition of refundment of the cost of his substitution as Subpostmaster,
that he should he absent from all Post Office work during his holiday as
Subpostmaster.
A Subpostmaster who holds more than one sub-office appointment and who satisfies
the general conditions entitling him to claim reimbursement must also satisfy the
further condition that he is absent from all his sub-offices at the same time, ie.
irrespective of the number of sub-office appointments held, he shall only be entitled to
clain reimbursement for a total period of:
12.1 not more than 7 weeks in the 24 months beginning 1 April in every odd year, if
he has less than 10 years service;
12.2. not more than 8 weeks in the 24 months beginning 1 April in every odd year, if
he has 10 years or more aggregated service,
Only one claim for reimbursement is admissible and not one claim per office held,
Reimbursement of the cost of annual holiday warranted under the foregoing rules will
be suitable restricted in respect of a Subpostmaster’s first and last 2 years of
appointment to amounts proportionate to the actual periods of appointment during
those years; any overpayments which may thus occur will be recovered subsequently.
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4.2.PREPARATION OF CASH ACCOUNTS DURING ABSENCE ON HOLIDAY
15.
16.
17,
18.
19.
A Subpostinaster is allowed to dispense with the preparation of cash accounts ont up
to 3 occasions in each accounting/ financial year during his own absence on holiday.
On one occasion a cash account may cover up to 3 weeks transactions, and on two:
additional occasions 2 weeks transactions. Alternatively, on two occasions a cash
account may cover up to 3 weeks transactions. In no circumstances may two
occasions be consecutive.
Applications to dispense with cash accounts should be made on form P2639, to
Regional General Managers at least 2 weeks before the date of absence, but they can
only be allowed when the 2 or 3 weeks involved fall within the same accounting
period, (The accounting periods are shown in front of the cash book).
“Despatch of Accounts” instructions to cover the period concerned will be supplied
by FC4.3/CAG Chesterfield and for Scotland, Scottish Accounting Office AD1.
It will not be possible to dispense with 2 consecutive cash accounts when one or both
of them, or the next account that would be due, is for longer than a normal cash
account weok, e.g. Christmas and New Year, However, applications to dispense with.
one account at such times will be considered.
Where a cash account is prepared during the Subpostmaster’s absence on holiday and
is signed by a substitute on his behalf, a note to this effect should be made on the
Account,
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POST OFFICE COUNTERS LTD.
SECTION 5
ABSENCE - TO ATTEND TERRITORIAL, FORCES RESERVE, ETC, TRAINING
4.
A Subpostmaster who renders an average not less than 18 hours personal services
each week may be reimbursed with the cost of providing a substitute, up to the
maximum of the appropriate Holiday Substitution Allowance in force, for an
additional period of absence of up to 12 working days and 2 associated Sundays in
each year, to attend for training at a Territorial, ete, camp.
Claims should be made on form P2340 and P2340(A) on which the Subpostmaster
must certify that he has spent the whole period covered by the claim in full-time
training with the force concerned and that he has actually and necessarily incurred
additional expenditure to the amount claimed. In all other aspects, the conditions
relating to the payment of Holiday Substitution Allowance apply (see Section 4).
A Subpostmaster who enlists for whole time service in HM Forces is required to
resign his appointment.
Territorial, ete. forces which are recognised for the purposes of reimbursement of
additional substitution costs are:-
ARMY
Regular Army Reserve of Officers
Army Reserve - Section D
Territorial Army
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§.2.ROYAL NAVY
Royal Navy Reserve
Royal Naval Auxiliary Services
Royal Naval Retired and Emergency List Officers
Royal Marines Reserve
Royal Fleet Reserve
Women’s Royal and Naval Reserve
Queen Alexandra's Royal Naval Nursing Services Reserve.
ROYAL AIR FORCE
Royal Auxiliary Air Force
Royal Air Force Volunteer Reserve
Royal Air Force Reserve of Officers
Royal Air Force Reserve - Class E
Princess Mary's Nursing Service Reserve
Royal Observer Corps
END
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SECTION 6
ABSENCE FOR JURY SERVICE
1. ASubpostmaster who receives a summons to serve on a jury should notify his
Regionat General Manager immediately, and should inform him of the arrangements
which he proposes to make for the conduct of the work of the sub-office in his
absence.
2. Where exceptionally the Subpostmaster is unable to find a substitute and the Sub-
Office is temporarily closed on account of the absence of the Subpostmaster on jury
service, the scale payment for the period of the closure will be withheld,
3. Subpostmasters attending for jury service should claim from the court any allowances
for which they are eligible in respect of travelling and subsistence and, where
appropriate, compensation for loss of remuneration. [fa Subpostinaster is in need of
advice of the allowances to which he will be entitled, he should seek it from the
official responsible for the issue of the summons.
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SECTION 7
SUBPOSTMASTER’S SICK ABSEN' \CHEME - SUBST] TON ALLOWAN'!
A Subpostmaster is not required to give personal service and is not entitled to sick
leave as such. Howaver, subject to certain conditions and limitations described
below, he is entitled to claim sick absence substitution allowance, in respect of the
costs of substitution necessarily incurred, when he is absent from his sub-office
through illness.
CONDITIONS AND LIMITATIONS.
With the exception of women over 65 and men over 70 years of age, all
Subpostmasters who give 18 hours or more personal service a week, who are absent
from their sub-office through illness, are eligible to claim Sick Absence Substitution.
Allowance, The maxima rates payable are published from time to time in Counter
News. The allowance is payable subject to, and in accordance with, the following.
conditions:-
The allowance will be payable when the period of any continuous sick absence
amounts to three weeks (21 days including Sundays) or more and it will be paid
retrospectively for all but the first week (seven days including Sunday) of absence.
Payarent of the allowance will be limited to an aggregated period of 13 weeks (91 days
inchuding not more than 13 associated Sundays) in any consecutive period of 12
months.
Where a Subpostmaster is incapacitated by an accident or illness which results, or is
likely to result, in a continuous absence beyond 13 weeks, Regional General Managers
may authorise payment of the allowance to be extended up to a maximum period of
26 weeks (182 days including not more than 26 associated Sundays) in any one period
of 12 months. Where a Subpostmaster has already received up to 12 weeks of the Sick
Abseuce Substitution Allowance entitlement in the previous 12 months he may,
because of un ubsence resulting from an extended illness, be entitled to an allowance
up to a maxinium of 26 weeks in any one period of 12 months.
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10.
Where a Subpostmaster’s period of reimbursement of sick absence substitution costs
is extended beyond 13 continuous weeks, such extension will be reviewed
periodically. Under no circumstances will a Subpostmaster be allowed to aggregate
separate periods of sick absence beyond 13 weeks in any one period of 12 months.
The maximum allowance payable will be the total amount calculated by applying the
Subpostmaster’s appropriate Holiday Substitution Allowance rate for the period for
which sick absence allowance is payable, or the actual additional costs of substitution
incurred for the same period, whichever is less,
The maximum amount of the allowance for the period of absence for which an
allowance is payable will be abated, where applicable, by the statutory national
insurance sickness benefit or maternity allowance and earnings related supplement
teceived by the claimant in respect of the same period. Details of these are recorded
on DSS forms BS12 and BF168 which should accompany the Subpostmaster’s claim for
the substitution allowance (see paragraph 10), Where however, a Subpostmistress
receives a NHS Maternity Grant, the substitution allowance should not be reduced by
the amount of that grant.
(NOTE: Statutory national insurance sickness benefit means that benefit which is
payable to a person otherwise than in respect of another person who is a child or an
adult dependent.) Where a Subpostmaster is not eligible for DSS benefits, a medical
certificate should accompany the claim for payment of the substitution allowance.
Subpostmasters holding more than one Sub-Office appointment will be entitled to
claim the allowance in respect of only one appointment.
Any Subpostmaster who qualifies for the sick absence substitution allowance and can
produce evidence to show that substitution costs were incurred should submit a claim
to the Regional General Manager after he has been absent for three weeks. Thereafter
he should claim the allowance at the end of cach subsequent period of absence of four
weeks (or at the end of the period of absonce if that is reached earlier), Claim forms
will be supplied by the Regional General Manager on request.
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PERIODS OF SICK ABSENCE OF LESS THAN 3 WEEKS.
11. Where an eligible Subpostmaster as defined above is absent sick for a period of less
than three weeks, and does not qualify for payment of the sick absence substitution
allowance, he will be free to claim, in respect of any substitute for him, Holiday
Substitution Allowance for the period of absence up to the limit of any outstanding,
balance of his HSA entitlement. Form P2340 and P2340(A) should be used by
Subpostmasters when making these claims, The amounts payable will not be the
subject to abatement of any national insurance sickness benefit received. Any period
of sick absence for which HSA (as distinct from Sick Absence Substitution Allowance)
is paid will count against HSA entitlement.
END
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SECTION 8
STATUTORY SICK PAY SCHEME
INTRODUCTION
1. Under the terms of the Social Security and Housing Benefits Act 1982 employers are
responsible for statutory sick pay arrangements in respect of their employees. An
employee is interpreted as including office holders who receive emoluments liable for
income tax under Schedule E, Subpostmasters come within this category and
consequently Post Office Counters Ltd is obliged to comply with the conditions of the
Act.
2. The use of the words “employee” and “employer” are used in the context of this
particular piece of legislation and do not in any way alter the Subpostmaster’s status
as an independent contractor.
GENERAL
3. Under the terms of the Scheme most Subpostmasters will not get State sickness benefit
for their first twenty eight weeks of sickness in each tax year. Instead they will get
Statutory Sick Pay, known as SSP, from Post Office Counters Ltd. SSP is paid at a flat
rate, There are 2 weekly rates and eligibility depends on an employee's average
earnings over a specified period. There are no allowances for dependants. SSP is
taxable and subject to NI contributions.
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EXCLUSIONS
4, A Subpostmaster will not get statutory sick pay if he comes within one of the
following groups. If a Subpostmaster falls within one of these groups he should still
notify his Regional General Manager about his sickness.
A Subpostmaster reaches the end of his entitlement to SSP from Post Office Counters
when:
(a) Subpostmasters who already had twenty eight weeks of SSP from Post Office
Counters Ltd in a tax year in any one period of incapacity for work (referred to
as PIW)(linked or unlinked);
(b) his linked PIW with Post Office Counters Ltd has run for 3 years; .
\
(c) she is pregnant and reaches the “disqualifying period”;
(d) his contract for service ends;
(e) Subpostmasters who fall sick in a country outside the EEC;
{) he is no longer incapable of work, ie. he returns to work or stops sending
certificates of incapacity;
(g) he is taken into legal custody.
QUALIFYING CONDITIONS
(
\
5. Statutory Sick Pay can only be paid for qualifying days. It has been agreed with the
National Federation of Sub-Postmasters that qualifying days for Subpostmasters will
be those days they are normally required to provide the services detailed in Section 1
of this contract. Where Subpostmasters are required to give services for only part of
the day, that day will count in full for statutory sick pay puxposes. For the majority of
Subpostmasters there will be six qualifying days in each week (Monday to Saturday).
if a Subpostmaster is in doubt about which days are regarded as qualifying days he
should seek confirmation from his Regional General Manager.
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‘The entitlement of a Subpostmaster to SSP, rests on 6 qualifying conditions, all of
which must be fulfilled.
(a) The Subpostmaster must have notified his Regional General Manager of his
absence;
{b) Days sickness must be days of incapacity;
(©) The Subpostmaster must provide evidence of incapacity;
(d) Period of incapacity for work (PIW) must be formed and PIW consist of 4 or
more consecutive days, including Saturdays, Sundays and Public Holidays,
when a Subpostmaster is incapacitated for work. It is immaterial for this
purpose whether or not the Subpostmaster would normally have worked on
those days. PIW‘s which are separated by 8 weeks (56 calendar days) or less are
linked and count together as a single PIW;
{e) When a Subpostmaster falls into one or more of the categories listed below he
will be excluded from receiving SSP;
(i) he is excluded from receiving SSP. A Subpostmaster who has been
excluded cannot return to SSP entitlement during the course of a PIW, nor
at the start of a PIW which links with a previous one during which he was
excluded even though he ceases to be a member of an excluded group.
(ii) Over State pension age;
A Subpostmaster who is over State pension age (65 for a man, 60 for a
womumn) is excluded from SSP, However, if when a Subpostmaster
reaches State pension age he has a PIW which links with a previous one,
he will be entitled to SSP for as long as his PIW’s continue to link.
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iv)
(v)
(vi)
Short contract workers;
A Subpostmaster whose contract of employment is for a specified period
of 3 calendar months or less is excluded from SSP. However, if the
contract does not at first exceed 3 months, but a Subpostmaster works
past the time stated in the contract so that the total period worked
becomes more than 3 calendar months the employee becomes entitled to
SSP as soon as it is known that the total pertod will be more than 3
calendar months.
Low average earnings;
A Subpustmaster whose average earnings are less than the lower earnings
limit for NI contribution liability is not entitled to SSP, When one PIW
links with a previous one, the first day in the earlier PIW is used for
calculating an employee’s average earnings.
Recent State benefit entitlement;
A Subpostmaster who has received, or in some cases aimed but not
received, certain State benefits within the 8 weeks period before the first
day of a PIW is not entitled to SSP, The benefits are:
- Sickness Benefit;
+ Invalidity Benefit;
- Severe Disablement Allowance;
- State Maternity Allowance (but not Statutory Maternity Pay);
- Unemployment Benefit, but only in very limited circumstances,
No work done;
A Subpostmaster how has done no work under a contract of employment
is not entitled to SSP under that contract. If he is a new employee and he
reports sick before he takes up duty, he is not entitled to SSP. However, if
he reports for work on his first day of service, but goes sick on the second,
he is ontitled to SSP if he fulfils the other qualifying conditions,
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(ix)
&)
(xi)
(vil) Trade dispute;
If a Subpostmaster is participating in a stoppage of work due to a trade
dispute, he may be excluded from SSP.
Pregnancy;
There is a “disqualifying period” during which the Subpostmistress is not
entitled to SSP, The “disqualifying period” begins with the Lith week
before the expected week of confinement and runs for 18 weeks. This is
the same as the period for entitlement to state or statutory maternity pay
to which the Subpostmistress is entitled provided she fulfils the
appropriate conditions,
Already been due 28 weeks SSP from former employer(s);
A Suhpostmaster is excluded from SSP if he gives his Regional General
Manager a leaver's statement (SSP 1(L)) showing that he has been due 28
weeks SSP from his former employer(s) and the gap between the first day
of the PIW (with the naw employer) and the last day of SSP shown on the
leavers statement is 8 weeks or less,
Abroad outside the EEC;
A Subpostmaster who is abroad outside the EEC at the start of a PIW is
not entitled to SSP, He is excluded even it the PIW links with a previous
one when he was in the UK.
Legal custody.
A Subpostmnaster who is in legal custody on the first day of a PIW is not
entitled to SSP. “Legal custody” means that the person concerned is
detained, usually arrested and/or in prison. A person who is voluntarily
helping Police with their enquiries is not excluded. A Subpostmaster in
legal custody is not entitled to SSP even if his PIW links with a previous
‘one when he was not in legal custody.
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(Days of incapacity to be a qualifying day.
Ifa Subpostmaster becomes incapable of work part way through a day, that day
cannot count as a qualifying day woless he has not comumenced work on that
day.
NOTIFICATION OF SICKNESS
A Subpostmaster or his representative must inform his Regional General Manger by
telephone of his incapacity for work on or before his first working day of sickness
irrespective of whether he is entitled to statutory sick pay.
Subpostmasters, including those nominated by limited companies, who hold more
than one appointment, must notify the appropriate Regional General Manager who is
responsible for the collection of primary National Inswrance contributions in respect of
his appointments. (See section 10, paragraph 1)
Ifa Subpostmaster is late in giving notification of sickness, he should advise the
Regional General Manager of the reason for the delay. If the Regional General
Manager is not satisfied with the reason given for the delay, any period of sickness
prior to the date of notification will not count for the purposes of statutory sick pay. If
a Subpostmaster is not satisfied with the Regional General Manager's decision on this
matter he may apply to the Department of Social Security for a ruling. Ifa
Subpostmaster does not qualify for statutory sick pay, he will on notification of
sickness be sent a form SSP1 (B) by his Regional General Manager.
EVIDENCE OF SICKNESS.
10.
We
Subpostmasters must provide Past Office Counters Ltd with evidence of incapacity
for work by means of either a doctor's medical certificate of by a self certificate if the
incapacity is less than eight days. A proforma to be used for self certification can be
obtained from the Regional General Manager.
Subpostmasters must notify their Regional General Manager when they cease to be
sick,
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END OF ENTITLEMENT TO STATUTORY SICK PAY
12,
When a Subpostmaster has exhausted his entitlement to statutory sick pay he will be
sent a form SSP1(T), on which, if he is still sick, he can claim state sickness benefit
from the Department of Social Security.
RULES OF PAYMENT
13.
In accordance with the Act, Post Office Counters Ltd is obliged to abate any
remuneration due by the appropriate amount of statutory sick pay. The effect of this
will mean that for the first eight weeks of sickness, remuneration will be paid in full
and that statutory sick pay will be regarded as “notional”. Consequently although
statutory sick pay will be regarded as “notional” the total remuneration paid the
Subpostmaster will continue to attract income tax and National Insurance
contributions in full.
DUAL EMPLOYMENT
MW
Ifa Subpostmaster who is sick is also employed either by the Post Office (e.g. as an.
Auxiliary Postman) or another employer, and provided National Insurance
contributions are paid separately for each employment and all other conditions are
met, he must claim statutory sick pay in respect of both his Subpostmaster services
and other entployment(s).
SICK ABSENCE SUBSTITUTION SCHEME
.
‘The provisions of this Schenre, which are set out in Section 5, remain except that no
aim will be entertained waless the Regional General Manager has been properly
notified of the Subpostmaster’s sickness. Claims for reimbursement for up to 28
weeks’ sick absence will not be subject to abatement in respect of Statutory Sick Pay.
Claims for reimbursement for a period of sickness which does not attract statutory
sick pay will continue to be subject to abatement,
END
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SE 2g
A ID RETT iT
RESIGNATION
1, A Subpostmaster who wishes to resign his appointment must give 3 calendar month's
notice in writing, If he does not give such notice Post Office Counters Ltd may
require him to pay any expense which it incurs in providing temporary arrangements
to cater for the business which would normally be expected to be transacted at the
sub-olfice during any part of the 3 month notice period.
RETIREMENT
2, There is no specific age limit for the retirement of a Subpostmaster.
3. Unless indicated otherwise by the Regional General Manager, a vacancy will be
advertised at the existing sub-office premises.
4. Subpostmasters at offices earning 125,050 units or more are required to make an,
introductory payment to Post Office Counters Ltd as a condition of appointment.
END
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POST OFFICE COUNTERS LTD
SECTION 10
NATION, SURANCE
CLASSIFICATION
1, For National Insurance purposes, a Subpostmaster is regarded as an office holder with
emoluments chargeable to Income Tax under Schedule E. As such, all Subpostmasters
are liable to make National Insurance contributions in accordance with the provisions
of Class 1.
Class 1 contributions comprise 2 parts:-
(a) the Primary contribution which is generally known as the employee's
contribution;
(b) _ the Secondary contribution which is generally known as the employer's
contribution.
PERSONS TAKING UP APPOINTMENT AS A SUBPOSTMASTER,
2. All persons taking up an appointment as a Subpostmaster should supply the Regional
General Manager with their National Insurance nuntber by means of a NI number
card, form PAS and/or P60 (see leaflet N1217) and also any current certificate of
Earner’s non/reduced rate liability that they have, Where for one reason or another a
new Subpostmaster does not supply a NI number the action outlined in the
Employer's Guide to National Insurance Contributions (NP15) will be followed.
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CONTRACTING OUT
3.
Under the Social Security Act 1975, pensions for retirement, widowhood and
invalidity consist of 2 parts:
(a) basic pension;
(b) and additional pension related to an employee's reckonable earnings between the
Jower earnings limit and the upper earnings limit.
+. An employer may contract his employees out of that part of the State Scheme which
provides an additional pension if the Occupational Pensions Board is satisfied that his
occupational pensions scheme meets the conditions required by the Act. As
Subpostmasters are not employees of Post Office Counters Ltd they are ineligible to
belong to the Post Office Staff Superannuation Scheme and therefore are not
contracted out of the State Scheme.
CONTRIBUTIONS
5. DSS leaflet NP15 “Employer's Guide to National Insurance Contributions” gives a
guide to the contribution arrangements.
6. Provided that earnings reach or exceed the lower earnings limit, a Subpostmaster will
‘be liable to pay primary contributions on all earnings up to the upper earings limit
ats
{a) the standard rate; or
(b) the reduced rate (Gee paragraph 8); or
(c) is not liable for contributions because he/she is over pension age or has made
other arrangements (see paragraph 9).
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MARRIED WOMEN AND WIDOWS,
7. There is no longer a right to choose to pay reduced rate contributions. However, a
woman entitled to pay at the reduced rate for the 1977-78 tax year continues to be able
to do so for subsequent years unless:~
(a) she revokes her election;
(6) as a married woman her marriage ends in divorce or annulment;
(c) she becomes a widow and after the initial period becomes entitled to widow's
benefit;
(d) during 2 consecutive tax years which fall after 5 April 1978 she was neither
liable to pay a Class 1 contribution nor was self-employed.
DSS will provide a certificate authorising deductions of a Class 1 contributor’s
contribution at the reduced rate. As Post Office Counters Ltd will be held responsible
for any deficiencies in contribution, deductions will be made at the standard rate
unless the Subpostenistress produces a valid certificate.
NON LIABLE SUBPOSTMASTERS
8. No contributions are payable by men over 65 or women over 60 and in such
circumstances DSS will normally issue a certificate of age contribution, However, if
some other definite evidence is being held to show that a Subpostmaster has reached
age 65 (60 for a woman) his/her deductions may be ceased even though a certificate of
age exception has not been produced.
9. The Secondary contribution (see paragraph 2) is due at the same rate regardless of the
Subpostmaster’s rate of contribution or even where he is non liable.
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ARREARS OF REMUNERATION
10. Arrears of remuneration resulting from a revision or other payments made to adjust
remuneration paid in an earlier month, will be treated as part of the total
remuneration in the month in which the payment is made, regardless of the period for
which they are proper to. This applies whether or not the additional payments are
made regularly.
11. Where arrears of remuneration are due to a former Subpostmaster national insurance
contributions will be calculated from the weekly contributions table published by DSS.
DEATH OF SUBPOSTMASTERS
12, Contributions are not payable on any remuneration that might be due to a
Subpostmuster’s estate after his death.
HOLIDAY AND SICK ABSENCE PAYMENTS
13. Contributions are not due on any payments made under the holiday substitution or
Sick Absence Substitution schemes because all payments are made in respect of
specific costs incurred.
SICKNESS BENEFITS
14. Ni Contributions continue to be payable when a Subpostmaster who is sick continues
to receive his scale payment. NI sickness/industrial injury benefits received are not
assessable for NI contribution.
SUBPOSTMASTERS WITH MORE THAN ONE EMPLOYMENT
15. Primary Class 1 contributions are normally payable in respect of each job inclading,
other Sub-Office appointments for which earings exceed the lower earnings limit,
unless a current form RD9S0 has been received from DSS. Even where a form RD9ISO
is held, POCL is obliged lo collect Secondary Class contributions.
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SUBPOSTMASTERS SUSPENDED FROM OFFICE AND THEIR SUBSEQUENT REINSTATEMENT
16. Any payment withheld during suspension and subsequently paid upon reinstatement
should be treated as part of the total remuneration in the earnings period in which it is
paid regardless of the periods to which it relates. The NI contribution rate current at
the time of payment should be applied,
CHANGES IN NATIONAL INSURANCE STATUS
17. In the event of a change or impending change in national insurance status, a
Subpostmuster should consult his local DSS office as soon as possible.
18. The following are regarded as changes in status:
(a) WOMEN:
Divorce In these circumstances the Subpostmistress must advise
Annulment DSS and Post Office Counters Ltd.
Marriage
Widowbood See paragraph 8
Re-marriage
Retirement age Towards the beginning of the tax year in which a
woman reaches age 60 and again at the approach of the
60th birthday, a Subpostmistress will be asked to
consult DSS so that a certificate of age exception may be
issued if appropriate (see also paragraph 9).
(a) MEN:
Retirement age At the approach of the 65th birthday the Subpostmaster
will be asked to consult DSS so that a certificate of age
exception may be issued if necessary (see also
paragraph 9).
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DEFERMENT OF NORMAL RETIREMENT DATE.
19. Inall cases where a Subpostmaster seeks to enhance his retirement pension by a
deferment of NI retirement dale (normally the 60th birthday for women, the 65th
birthday for men) see DSS leaflet NI92 - or where he wishes to cancel his deferment,
the Subpostmuster should be asked to consult his local DSS office so that the necessary
arrangements can be made and certificates of age exception obtained.
RESIGNATION/TERMINATION OF APPOINTMENT
20. When a Subpostmaster resigns or has his contract terminated the Guaranteed
Minimum Pension will be preserved by DSS.
MARRIED WOMEN AND WIDOWS.
21, There will be no Guaranteed Minimum Pension (GMP) for a married woman or a
widow who has retained. the right to pay the reduced rate of NI contribution,
CANCELLATION OF ELECTION TO PAY AT REDUCED RATE
22. Whena married woman or widow revokes her election to pay NI contributions at the
reduced rate the GMP will accrue only on the contributions she pays after revoking,
ber election.
ACTUAL EXPENSES INCURRED
23. Subpostmasters who are asked by their Regional General Manager to give details of
the expenditure which they incur in providing Post Office services should do so with
all haste, Such information will be restricted to Post Office Counters Ltd and
Department of Social Security.
END
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POST OFFICE COUNTERS LTD
SECTION 1
SULTIN' OM Cl i! ATTACK
REPORTS
Ifa Subpostmaster or one of his Assistants is injured in an attempted robbery of Post
Office property a report should be made at once to the Regional General Manager
however slight these injuries may appear to be. In addition, in order that entitlement
to National Insurance (Industrial Injury) benefit may be preserved it is important that
the DSS should be informed without delay.,
POST OFFICE COUNTERS LTD PERSONNEL CRIMINAL INJURY COMPENSATION SCHEME
2.
bal
The scheme has application to Subpostmasters and their registered Sub-office
Assistants and reliefs and substitutes who sustain permanent physical injury during
the theft/attempted theft of Post Office property on the premises, in or out of normal
business hows; or whilst travelling to/from the bank on Post Office business.
For the purpose of the scheme, registered Sub-Office Assistants are those:
(2) whose commencement of employment has been reported to the Regional
General Manager on form P250 and thereafter recorded on form P3S6W at 1
April each year as being employed on Post Office work full-time, part-time,
occasionally, or
(b) whose employment as a temporary Assistant or Subpostmaster’s substitute has
been reported to the Regional Office on form P250,
Also covered is DISAPPEARANCE, if any of the categories of the people in (2) above
is missing as a result of criminal activity, and is presumed dead, a claim can be made
subject to:
(a) _ satisfactory evidence supporting the disappearance being supplied.
{b) there is no reason to believe otherwise and
(©) aperiod of 3 years hus elapsed,
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Any payment thus made will be refunded if subsequently the person concerned is
found to be alive,
EXCLUSIONS
(a)
‘The policy does not covers=
Bodily injury sustained whilst under the influence of intoxicating liquor or drags
other than drugs taken in accordance with treatment prescribed and directed by a
qualified registered medical practitioner but not for treatment of drug addiction;
(b) any consequence of pregnancy or childbirth;
(©) any pre-existing physical or mental defect or infirmity;
(dq) war risks.
CONDITIONS
‘The maximum benefit payable to ane individual in one insurance year is £60,000 irrespective
of the number of incident /claims which may have occurred. If the maximum benefit is paid
to one individual in one insurance year no further liability rests with POCL. POCL’s
liability for a series of claims in any insurance period for the same person, shall not exceed
the maximum benefit (£60,000).
51
5.2
Any benefits payable under Parts 2 and 3 of the Schedule of Benefits, will onty be paid
on receipt of a DSS Medical Assessment, confirming permanent disablement Data to
be supplied to Post Office Group Treasury, Risk Management at the address shown in
part 6, Payment under Part 2 will not be mude before the expiry of 90 consecutive
days of disablement. Fifty percent of the value of the medical assessment of benefit
may be paid on receipt of a 2 year provisional assessment. Any balance will be paid if
a life assessment is given. Benefits payable are subject to the overriding maximum of
£60,000.
Benefits may be paid for more than one disability listed in Part 3 of the schedule of
benefits, provided that the total amount received does not exceed the maximum
benefit of £60,000,
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5.3 Any benefit Payable under Part 3 and/or 4 of the Schedule of Benefits will be
deducted from the maximum benefit (£60,000), if the individual concerned.
subsequently dies, or suffers permanent total disablement as a result of the injuries
received in the incident(s).
5.4 Any payment made under Part 4 of the Schedule of Benefits, can be made in advance
of the settlement of a claim ander Parts 1, 2 or 3 of the schedule but is subject to an
overriding maxinuun benefit of (£60,000).
Benefits under Section 4 may be paid up to, but not exceeding 104 weeks, for total
disablement arising from a criminal attack while collecting cash from the bank for
authorised Post Office business.
Payments may be made:
(a) at the end of the period(s) of total disablement; or
(b) _ at the injured persons request, at the end of at least four weeks total
disablement and thereafter at four weekly intervals, if requested.
Payments are subject to the provision of medical and any other relevant information
as requested by POCL.
5.3 Disablement or Partial loss not specified in the schedule of benefits,
The percentage benefit will be in accordance with the DSS medical assessment.
CLAIMS PROCEDURE
6. Claims must be made by the injured person (or his personal representative) within 3
months of the date of the incident(s) direct to the insurer, Post Office Counters’ Ltd
Agent, (Group Treasury) Chetwynd House, Chesterfield, S49 1PF. Claim forms are
available from the Regional General Manager or the Headquarters of the National
Federation of Sub-Postmasters, Evelyn House, 22 Windlesham Gardens, SHOREHAM.
BY SEA, West Sussex, BN34 5AZ.
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EVIDENCE
7
9
All certificates and information shall be sent to POCL’s agent (Group Treasury) as and
when requested. If a Second opinion is required, an appointment will be made at a
time and date mutually acceptable. the cost will be met by the scheme. The injured
person will as often as required, submit to medical examination in respect of any
alleged bodily injury.
In the event of any dispute, POCL reserves the right to take such disputes to an
independent insurance broker for arbitration,
Income Tax is not payable on any benefits under the scheme,
THE GOVERNMENT'S SCHEME
10.
Compensating victims for crimes of violence is administered by the Criminal Injuries
Compensation Board, whose address for ENGLAND and WALES is Whittington
House, 19 Alfred Place, LONDON WCIE 7EA, and for SCOTLAND is Blythswood
House, 200 West Regent Street, GLASGOW G2 4SW Details of scheme can be
obtained from the Board, Office of the Department of Social Security, Department of
Employment and Productivity and Citizens Advice Bureaux. Injuries which occur in
Northern Ireland, the Channel Islands and the Isle of Man are outside the scope of the
government scheme.
(APPENDIX 1 FOLLOWS)
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SCHEDULE OF BENEFITS
1, Death
2. Permanent total Disablement resulting in inability to follow any
occupation
3. Loss of/loss of use of limb(s) etc. and permanent disability in
accordance with the following permanent disabilities:-
PERMANENT TOTAL DISABLEMENT,
Total loss of sight of both eyes
Total incurable insanity
Loss of both arnis or both hands
Complete deafness of both ears of traumatic origin
Removal of lower jaw
Loss of speech
Loss of one arm and one leg
Loss of one arm and one foot
Loss of one hand and one foot
Loss of one hand and one leg
Loss of both legs
Loss of both feet
Loss of one eye
Complete Deafness of one ear
UPPER LIMBS
Loss of one arm or hand
Total Loss of thumb
Partial loss of thumb (ungual phalanx)
APPENDIX 1
£60,000
£60,000
expressed as a
percentage
of £60,000
100%
30-40%
20%
LEFI/RIGHT
60%
30%
10%
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Total amputation of forefinger
Amputation of two phalanges of forefinger
Amputation of ungual phalanx of forefinger
Simultaneous amputation of thuntb and forefinger
Amputation of thumb and finger other than thumb and forefinger
Amputation of two fingers other than thumb and forefinger
Amputation of three fingers other than thumb and forefinger
Amputation of three fingers and thumb
Amputation of four fingers excluding thumb
Amputation of the median finger
Amputation of a finger other than thuunb, forefinger and median
LOWER LIMBS.
Amputation of thigh (upper half)
Amputation of thigh (lower half) and leg
Total loss of foot (tibio-tarsal disarticulation)
Partial loss of foot (sub-ankle-bone disarticulation)
Partial loss of foot (medio-tarsal disarticulation)
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14%
11%
9%
35%
30%
12%
30% C
45%
50%
12%
7%
expressed as a
percentage
of £60,000
80% (
70%
30%
30%
30%
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Partial loss of foot) (tarso-metatarsal disarticulation) 20%
Shortening of the lower limb by at least Som 40%
Shortening of the lower limb by at least 3 to Sem 40%
Shortening of the lower limb by 1 to 3em 40%
Total amputation of all toes 20%
Amputation of four toes including big toe 14%
Amputation of four toes 9%
Amputation of big toe 14%
Amputation of two toes 5%
Amputation of one toe other than the big toe 3%
Benefit from other injuries will be paid according to DSS assessment all occurring within 24
months of bodily injury or incident giving rise to a claim.
‘Total disablement arising from criminal attack whilst collecting Post Office cash from the
Bank, entirely preventing the injured person from engaging in, or giving attention to his/her
usual occupation - £200 per week, for each full week (one week = 7 days).
END
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SECTION 12
RESPONSIBILITY FOR POST OFFICE STOCK AND CASH
CREDIT STOCK OF STAMPS ETC.
1. The Subpostmaster on taking up his appointment is supplied with suitable Post Office
stock, the amount of which is fixed by the Regional General Manager.
CASH BALANCE
2. The Subpostmaster is permitted to hold Post Office Counters Ltd cash normal to meet
payments at his sub-office after due allowance has been made for expected receipts
and in accordance with official accounting and security instructions.
3. The Subpostmaster is expressly forbidden to make use of the balance due to Post
Office Counters Ltd for any purpose other than the requirements of the Post Office
service; and he must, on no account apply to his own private use, for however short a
period, any portion of Post Office Counters Ltd funds entrusted to him, He must also
be careful to keep the Post Office money separate from any other monies, Misuse of
Post Office Counters Ltd cash may render the offender liable to prosecution and, or,
the termination of his Contract of Appointment.
ACCOUNTS
4. The Subpostmaster must ensure that accounts of all stock and cash entrusted to him
by Post Office Counters Ltd are kept in the form prescribed by Post Office Counters
Ltd. He must immediately produce these accounts, and the whole of his sub-office
cash and stock for inspection whenever so requested by a person duly authorised by
the Regional General Manager.
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SECURITY OF CASH, STAMPS ETC,
10.
11.
The Subpostinaster is held strictly responsible for the safe custody of cash, stock of all
kinds and other Post Office Counters Ltd property, papers and documents, whether
held by himself or by his Assistants, and should keep them ina place of security,
especially at night.
The Subpostmaster is responsible for maintaining a standard of security sufficient to
enable him to meet the obligations laid an him by paragraph 5 for the safe keeping of
Post Office Counters Ltd cash and stock placed in his care. If any circumstances arise
which lead him. to doubt whether he can do so he should immediately consult the
Regional General Manager.
In deciding the standard of security which it would be reasonable to require under
paragraph 6 Post Office Counters Ltd will have regard to (a) the circumstances in
which the Subpostmaster was appointed, and in particular the standard of security
then accepted; (b) the length of time since his appointment; and (c) any particular
circumstances affecting the sub-office which appear to be relevant.
All vouchers for payments e.g. Postal Orders, Allowance Dockets ete., should be
placed ina suitable receptacle (cardboard box or strong envelope), labelled “Paid
Vouchers” and at the close of business kept separately from cash and stock in another
secure place, such as a locked drawer or cupboard.
The Subpostmaster must he careful to keep his stocks of all kinds in such a manner
that they remain in good condition, The stocks must be protected against damp and
dust.
Datestamps used for authenticating documents (¢.g. Postal Orders) or stamping
correspondence must be kept in a position on the counter where they are out of reach
of members of the public. When not needed for work they must be locked away.
Precautions should be taken to guard against the risk of fire.
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LOSSES
12. ‘The Subpostmaster is responsible for all losses caused through his own negligence,
carelessness or error, and also for losses of all kinds caused by his Assistants.
Deficiencies due to such Josses must be made good without delay,
13. — The financial responsibility of the Subpostmaster does not cease when he relinquishes
his appointment and he will be required to make good any losses incurred during his
term of office which may subsequently come to light.
GAINS
14. Surpluses may be withdrawn provided that any subsequent charge up to the amount /
withdrawn is nade good immediately. \
THEFT OR BURGLARY
15. Ifa theft or burglary is committed or attempted at a sub-office, whether or not official
cash or stack is stolen, the facts must be reported at once to the Police and to the
Regional General Manager by the person who first makes the discovery.
MISSING OR STOLEN STOCK
16. If a Subpostmaster considers that any stock items have been accidentally lost, or
stolen he should make a report, in accordance with Appendix 1, as quickly as possible
to the Regional General Manager.
(
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RELIEF
17. COUNTER LOSSES A Subpostmaster may exceptionally not be required to make
good the full amount of certain losses at his office. [f he feels entitled to relief in
niaking good a loss he should apply to the Retail Network Manager.
18. THEFT OR BURGLARY The question of granting relief will depend upon whether the
Subpostmaster has taken reasonable precautions to safeguard the official cash and.
property.
19. FRAUD All cases of fraud or attempted fraud should be reported immediately to the
Regional General Manager.
(APPENDIX 1 FOLLOWS) -
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APPENDIX 1
ACCIDENTAL LOSS
fat any time any items of stock (including stack of no intrinsic value such as motor vehicle
licences) is found to be missing. Steps oust be taken at once to ascertain what has
happened to the missing items. The serial numbers must be ascertained (see 2(a)) and
verified by examination of items in stock, and the requisition forms examined to
discover whether or not any of the items purport to have been issued out of sequence.
All the requisition forms for the previous 3 months must at the same time be
impounded and held for instructions. If, after careful search, the missing items cannot
be found and are thought to have been mislaid only, or inadvertently destrayed, a
preliminary report of the loss giving the serial numbers of the items in question must
be sent to the Regional General Manager.
STOLEN ITEMS
L
If.as a result of burglary, break in, theft, or suspected theft any items of stocks are
missing the facts should be reported as quickly as possible to the Regional General
Manager.
‘The further details which will be required, and which should be obtained and
submitted to the Regional General Manager at the earliest opportunity, are as follows:
(a) The denominations, total values and serial numbers of missing or stolen items,
so far as they are known, with serial numbers of any remaining stocks.
(b) Asstatement as to whether the date stamp of the sub-office has been stolen, and
if so, particulars of the type in it when stolen. If the date stamp has not been
stolen a statement should be given which should intimate whether there is a
reason to believe that it has been used upon the stolen items.
(©) Aspecimen impression of the date stamp and, if it was stolen, particulars of the
type in it when stolen.
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(a)
)
A statement of the circumstances which are thought to show that a theft has
been committed and of the supposed date, time and method of commission. It
should include, if possible, written report from the person who last saw the
missing items and the person who first discovered the loss. The former should
say when the items were last seen, in what place and in what kind of receptade
(locked or unlocked) they then were. ‘The latter should state how and when the
loss was discovered and describe exactly the condition of the place and of the
receptacle from which the items were apparently taken.
Particulars of any cheques, including the transaction for which they were
accepted,
END
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POST OFFICE COUNTERS LTD
SECTION 13
REMI)
1. The Subpostmaster must, at his own expense, provide premises in which such
reasonable office accommodation and fittings as Post Office Counters Ltd may require
are made available for carrying on the Post Office Counters business.
TENANCY
2. The Subpostmaster nuist hold the premises either as owner or on a tenancy subject to
at least one quarter's notice, Exceptions are sometimes allowed as to tenancy where
the premises are owned or held oma suitable tenancy by the spouse of the
Subpostmaster or where the sub-office is transferred to a near relative of a
Subpostmaster of long service who holds the premises on a suitable tenancy,
3. The Subpostmaster must also at his own expense:-
~ clean, decorate and maintain the sub-office premises inside and out to a good
standard;
- light and heat the sub-office premises;
~ exhibit the sub-office title (Le... . POST OFFICE”) in large painted letters in a
prominent position outside the building.
. in Wales exhibit an external bi-lingual sign “Syddfa’r Post/Post Office”;
- _ ifrequired, provide convenient space for a fetter box;
+ if required, provide, where no security screen of a type approved by Post Office
Counters Ltd already exists, for the installation of sucha screen, Post Office
Counters Ltd will provide and pay for the components of the screen and the
Subpostmaster will be responsible for its erection to the satisfaction of the
Regional General Manager and for its maintenance. On installation the screen
will become the property of the Subpostmaster.
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ALTERATIONS TO SUB-OFFICE PREMISES, ACCOMMODATION
he
The Subpostmaster uust not, without the prior agreement of the Regional General
Manager:
~ move the sub-offive to premises other than those in which it was situated at the
time of his appointment;
~ alter the accommodation for carrying on the work of the sub-office from, that
agreed at the time of his appointment,
NOTICES, PUBLICITY ETC.
5.
The Subpostmaster must display in a position visible to the public at all times:
an up-to-date window notice indicating hours of opening which is supplied by the
Regional General Manager; other notices and leaflets, as required by Post Office
Counters Ltd,
‘The Subpostmaster must permit Post Office Counters Ltd to provide (in addition to a
security screen - paragraph 3) any inuprovements in the standard of security which it
decides to be necessary and for which it is prepared to pay.
RESITING OF POST OFFICE SECURITY EQUIPMENT
Where any agreed re-arrangement of the sub-office accommodation and/or fittings -
see paragraph 4 - involves the moving of Post Office security equipment the
Subpostmaster’s contriluution to the cost of doing so will be decided as follows:-
NATURE OF ALTERATION CONTRIBUTION
REQUIRED OF
SUBPOSTMASTER
(a) Subpostmaster wishes to improve Post Office NIL
accommodation and Regional General Manager
agrees improvement is desirable.
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(>) Subpostmaster has no alternative but to move his NIL
premises or alter them to meet requirements beyond
his control.
(c) Subpostmaster wishes to re-arrange his private 50%
accommodation, which will neither increase nor
improve the Post Office accommodation, but will
require security equipment to be moved.
@
Subpostmaster wishes to re-arrange his private 80%
accommodation, which will reduce Post Office
accommodation, though not to a level unacceptable
to the Regional General Manager, but security
—™
equipment will need to be moved.
The above scale is intended as a rough guide only and Regional General Managers
have discretion to fix the level of contribution according to the circumstances of each
particular case.
RESIDENCE
8 A Subpostmaster whu does not reside on the premises must satisfy his Regional
General Manger that he has made proper provision for the safety of Post Office
Counters cash and stock entrusted to his care. If residential accommodation is
associated with the sub-office the Subpastmaster must inform the Regional General
Manager if he does not occupy it himself, or if he ceases to do so, and must
immediately inform the Regional General Manager if at any time it becomes vacant. ¢
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MAILWORK OFFICES
%
10.
At Mailwork sub-offices where Post Office employees work on the premises, the
Subpostmaster will in addition be required to provide at his own expense:
Access to lavatory facilities;
Facilities for washing, including a supply of hot water, e.g, a kettle of hot water where
running hot water is not available;
Hat and coat pegs;
Tacilities for making tea, if required;
Adequate lighting and ventilation;
Adequate heating in winter.
The Subpostmaster as occupier of the premises, is required to provide most of the
above facilities under the provisions of the Offices, Shops and Railways Act 1963. It is
likely that the presence of postmen on the premises will require the Subpostmaster, as
occupier, to comply with other provisions of this Act, In addition duties are laid
down in Sections 3 and 4 of the Health and Safety at Work Act 1974, as regards:
persons not in his employment. Bearing in mind that the responsibility is his, it is in
the Subpostmaster’s best interest to be aware of the various requirements of these
Acts.
ADVERTISEMENTS
1.
A title, which might suggest that Post Office Counters Ltd is concerned in the
management of the Subpostmaster’s private business, such as “Post Office Stores”,
must not be used.
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No advertisement may be exhibited in the part of the premises used for Post Office
Counters business which relates to:
+ alcoholic liquors (for or against);
~ betting, gambling and football pools;
. any illegal business or matter;
- any controversial matter, an advertisement for which might suggest the Post
Office supported on side or the other;
~ any commercial business which operates services of a kind conducted by the
Post Office.
Otherwise Post Office Counters Ltd is not concerned with the display of commercial
advertisements in the sub-office providing that they are not placed in such position as
to impair the security or the facilities for transacting Post Office Counter business. In
cases of doubt the matter should be referred to the Regional General Manger.
END
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OU) L
SECTION 14
HOURS OF BUSINESS
INTRODUCTION
1. The actual hours of opening of any individual sub-office are set by the Regional
General Manager in accordance with the following rules.
The Subpostmaster must not without permission vary the hours of public business set
by the Regional General Manager.
STANDARD COUNTER HOURS OF SERVICE
2. The standard hours during which the Subpostmaster may be required to open his
office in order to transact all kinds of counter business appropriate to his office are:
Monday - Friday 0900-1730
Saturday 0900-1230 or 1300 (depending on local circumstances)
LUNCH TIME AND HALF DAY CLOSURE (MONDAY TO FRIDAY)
3. At the Subpostmaster’s request the Regional General Manager may authorise the
closure of an office within the times stated in paragraph 2:-
3.1. For up to 1 hour at lunch times, at times agreed between the Regional General
Manager and Subpostaaster.
3.2 On afternoon per week (normally Tuesday, Wednesday or Thursday but, in
exceptional circumstances Monday to Friday) from 1300 onwards.
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EXTENDED HOURS
4. Where a Subpostmaster wishes to conduct Post Office business outside standard
hours, Regional General Managers will consider such requests taking into account the
normal shopping pattern in the locality and the proximity of other Post Offices.
5. Where a Regional General Manager considers non standard hours may be more
appropriate for a particular office but the Subpostmaster disagrees, the Subpostmaster
may if he wishes trial a rearrangement of the opening hours. A trial period should not
extend beyond three months.
SUSPENSION OF MID-WEEK HALE-DAY CLOSING DURING THE CURISTMAS
AND NEW YEAR PERIOD AND (WHERE APPLICABLE) ON THE THURSDAY la
PRECEDING GOOD FRIDAY \
6. The Regional General Manager may, on his own initiative or at the request of the
Subpostmaster, suspend any mid-week early closing on any day or days between 18
and 31 December (Christmas Day and Boxing Day excluded) and on the Thursday
before Good Friday. Additional payment will be made by Post Office Counters Ltd
for such opening.
LOCAL HOLIDAYS AND TUESDAYS AFTER BANK HOLIDAYS
7. — Regional General Managers will review the concession under which some offices close
on Local Holidays ot on Tuesdays after Bank Holidays. Where this no longer matches
customer needs the concession will be withdrawn.
—~
ADVERTISING OF HOLIDAYS
8. ‘The times at which a sub-office is closed for National or Local holidays should be
prominently advertised at the office concerned.
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PAYMENT FOR THOSE PERIODS OUTSIDE THOSE MENTIONED IN PARAGRAPH
2 ABOVE - NON MAILWORK OFFICES
No additional payment will be made by Post Office Counters Ltd for any opening
outside standard Counters’ hours other than that attracted by extra business
transacted.
END
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SECTION 15
ASSISTANTS
GENERAL
1. ASubpostmaster must provide, at his own expense, any assistance which he may
need to carry out the work in his sub-office.
2. Assistants are employees of the Subpuslmaster, A Subpostmaster will be held wholly
responsible for any failure, on the part of his Assistants, to apply Post Office rules, or
to provide a proper standard of service to the public, He will also be required to
make good any deficiency, of cash or stock, which may result from his assistants’
actions,
ASSISTANTS’ CONDITIONS OF SERVICE
3. Wages, hours, holidays ete., are a matter to be settled between Subpostmaster and the
assistants concerned. However, they should be no less favourable than those enjoyed
by shop assistants generally in the same district. Post Office Counters Ltd reserves
the right to intervene if such conditions are considered inequitable.
4. The Subpostmaster is responsible, as employer of his assistants, for complying with
the provisions of any legislation which imposes obligations on employers.
AGE
5. Aga general guide no person under 16 years of age should be employed on Sub-Office
work, or have access Lo mails, unless however there is no reasonable alternative to the
part-time employment of an Assistant under 16 years of age.
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SUITABILITY OF APPLICANTS - REFERENCES
6. Inthe light of the Subpostmaster’s responsibilities, set out in paragraph 2 above, he is
strongly recommended to satisfy himself of the character and suitability of an
applicant for employment as an Assistant before a firm offer of employment is made.
Generally the Subpostmaster should:-
(a) _ obtain proof of the identity of the applicant, e.g. birth or marriage certificate,
unless the applicant is known;
(b) seek information form the applicant about any conviction or finding of guilt for
any offence in a Court of Law (including Juvenile Court or Court Martial). In
this connection the Subpostmaster should be aware of the Rehabilitation of
Offenders Act 1974 which restricts the information that needs be given;
(©) enquire whether the applicant has ever been employed by the Post Office,
worked for another Subpostmaster or held sub-office appointment. If the
former then details of such employment should be entered on form P250 (see
paragraph 8) and a reference waited from the Regional General Manager. If
previously the applicant has worked at another Sub-Post Office, including as a
Subpostmaster, details should be given on form P250 and a reference in respect
of that employment sought from the Subpostmaster concerned;
(4) obtain references from all previous employers or schools attended over the last
3 years or from the last employer where the applicant has been employed
during the whole of that period.
7. When seeking references the Subpostmaster is advised to enquire if the applicant had
found to be completely trustworthy and ask the reason for his leaving, that
employment. In some instances a Subpostmaster might have to employ an Assistant
before the procedures suggested above are completed. Bearing in mind the
complexities of current employment legislation a Subpostmaster in such a situation is
recomunended to offer initially only short term employment pending receipt of
satisfactory references etc.
8. The Subpostmaster must notify the Regional General Manager of his intention to
employ a new Assistant on Post Office Counters Ltd work or when an Assistant
ceases to be employed in the sub-office.
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PERSONAL DECLARATION
9. Before any person (including a member of the Subpostmaster’s family) is allowed to
have access to mails or to perform, either temporarily or permanently, any Post Office
work, he/she must make # personal declaration on form P13 (see section 16, appendix
2).
‘The declaration of the Subpostmaster’s Assistants and of any members of his family
who perform Post Office duties should be signed in the Subpostmaster’s presence in
circumstances which will help to fix the occasion and the declaration in the memory of
the signatory, The declaration should be made with proper deliberation and the
Subpostmaster should stress its importance aru! witness the signature. A signed and
witnessed copy of the form should he given to the signatory at the time and he should
be advised to preserve it carefully.
Forms P13 can be obtained from the Regional General Manager as required and must
be returned to hin when signed.
SUB-OFFICE ASSISTANT ACCUSED OR SUSPECTED OF DISHONESTY ETC.
10. Incases where an Assistant is accused or suspected of dishonesty or any other offence
such as wilfully delaying postal packets, the Subpostmaster must report the
particulars to the Regionul General Manager as soon as possible and await
instructions, If the report is made by telephone it must be confirmed in writing as a
matter of urgency.
11. Incases where a person employed by the Subpostmaster is guilty of misappropriating
Post Office Counters Ltd money, any sum which may be tendered by, or on behalf of,
the offender may be accepted but a receipt must be given showing that the money is
held pending possible investigation and without prejudice to any action that Post
Office Counters Ltd may be advised to take. The Subpostmaster should be careful not
to take any action which may be lable to prejudice the question of legal proceedings.
A copy of any receipt must be kept for reference.
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UNSUITABLE PERSONS
12.
In order to help prevent the employment of unsuitable or dishonest. persons on Post
Office work, » Subpostmaster must notify the Regional General Manager if he
dismisses an employee on these grounds, or if his enquiries about an applicant for
employment give him reason to believe that the applicant is an unsuitable person,
Brief particulars of the evidence should be forwarded to the Regional General
Manager who will decide what ateps should be taken to prevent the applicant
obtaining employment elsewhere in the Post Office or at another sub-office.
13. Where Post Office Counters Ltd has good reason to believe that it would not be in its
hest interests for a particular person to have access to Post Office Counters Ltd cash
and stock as a Sub-Office Assistant it may call upon the Subpostmaster to:
(a) refrain from offering that person a post if not already employed;
(b) ensure that the person is not further employed on Post Office business if employed.
OUTDOOR POSTAL WORK
14. For any outdoor postal work required, provision is made either by the employment of
staff in the direct employ of the Post Office or by a special allowance to the
Subpostmaster for the engagement of casual labour.
END
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POST OFFICE COUNTERS LTD.
SECTION
DIVULGENCE OF OFFICIAL INFORMATION, CORRESPONDENCE & INTERVIEWS
DIVULGENCE OF OFFICIAL INFORMATION
1. The unauthorised disclosure, or use directly, of any information or document which
has come to the knowledge of a Subpostmaster or Sub-Office Assistant through the
work of his Sub-Office is forbidden. Any such disclosure may render the offender
liable to prosecution under Post Office legislation or the Official Secrets Act (sce
paragraph 3)
2. Subpostmasters and their employees must not disclose any information regarding,
postal packets passing through the post except to the person(s) to whom such packets
are addressed; nor may they make known information that may come to them,
officially concerning the character, standing, or responsibility of individuals or firms,
or the private affairs of any person.
PERSONAL DECLARATIONS
3 fa)
(b)
All Subpostmasters on taking up appointment and newly recruited Sub-Office
Assistants are required to sign a Personal Declaration (form P13) which reminds
them of the duty of the Post Office to ensure that all commutnications and items
entrnsted to it reach the people for whom they are intended promptly and
safely, and that the information in them reaches no one not entitled to it. The
Person Declaration also brings to the notice of newly appointed Subpostmasters
and Sub-Office Assistants on taking up employment their obligations under the
Official Secrets Acts and various Post Office and Telegraph Acts. Extracts from
these Acts are reproduced at Appendices 1 and 3. A copy of form P13 is at
Appendix 2,
A Subpostmaster on termination of his appointment is required to sign a
Declaration (P301) as a reminder that the provisions of the Official Secrets Acts
continue to apply to him after he has left in respect of all the information which
he has acquired or to which he has had access by virtue of his appointed
position as Subpostmaster. A copy of form P301 is at Appendix 3,
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(©) Subpostmusters and Sub-Office Assistants are given a copy of their P13 and
Subpostmasters on termination of their appointment, additionally of form P301
for retention as a remainder of their importance and of the message they contain.
The duty not to disclose information is imposed by the relevant Acts, not by the
Personal Declarations, Consequently no Subpostmaster or Sub-Office Assistant
can avoid these legal obligations by refusing to sign form P13 (also for
Subpostmasters form P301) or attempting to revoke or disclaim his signature on
the form(s).
Any request made by the Police or any other authority or by a private person for
information which may be confidential, or may concern matters connected with the
duties of another Subpostmaster or a Post Office employee, or with regard to the
address of a person who resides, in the neighbourhood should be referred
immediately to the Regional General Manager.
CONTACT WITH THE PUBLIC NEWS MEDIA
5
‘The Post Office has a duty to safeguard its own interests and those of its employees
and sub-office personnel in relation to material which is published in the news media.
‘The Public Relations Department of the Post Office is primarily responsible for
deciding whether the Post Office should enter into public correspondence and for
ensuring fair and accurate presentation of facts about the Post Office and its services;
comment by other persons is undesirable and in particwar, untrue, ill-informed or
reckless comment will not be allowed to go unchallenged. While recognising the right
of any individual to comment publicly on matters of general interest therefore, the
Post Office expects Subpostmuasters and their employees who wish to comment upon
matters affecting the Post Office to exercise those right in a responsible manner.
Subpostmasters must ensure, when communicating with the press or offering
comment which may be broadcast on radio or television, that their comments do not
go beyond the accepted bounds of propriety and are not likely to cause
embarrassment or to mislead the public. The Regional General Manager should be
asked to advise in cases of doubt.
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6. A Subpostmaster wishing to communicate with the public news media should be
guided by the following:
(a) _ there must be no unauthorised disclosure of official information (see paragraph
Y);
(b) views and opinions expressed publicly must not bring the Post Office or its
employees or any other Subpostmaster into disrepute;
(c) ‘a Subpostmaster offering unauthorised public comment mast make it clear that
he is commenting in his private capacity and not on behalf of the Post Office.
7. A Senior Representative (as defined in the national agreement on facilities for
recognised unions) may wish from time to time to represent the view of the National
Federation of Sub-Postmasters, particularly on matters affecting his
Branch/Conimitteo/ Federation. In doing so he must indicate his position as a
a
Federation spokesman and give his own name,
8. Particular care is necessary when offering spontaneous comment to press or
broadcasting reporters or interviewers.
PUBLICATION OF OFFICIAL INFORMATION
9. No Subpostmaster may, without the Regional General Manager’s permission, use
information derived from official records or experience for the purpose of publishing
any document, book, play or article, broadcasting on radio or television, producing or
exhibiting a film or photographs, giving a talk or lecture or taking part in a public
discussion.
>
CORRESPONDENCE WITH THE PUBLIC
10. A Subpostmaster should not, without the permission of the Regional General
Manager, write to or interview members of the public on Post Office matters other
than for the purpose of correcting an error committed at his own sub-office.
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OFFICIAL DOCUMENTS AND LEGAL PROCEEDINGS
11. No Subpostmaster may, without permission, make an official document or a letter
from the public, or any other document which may come into his hands officially, the
subject of legal proceedings.
‘USE OF OFFICIAL INFORMATION OR POSITION FOR PRIVATE PURPOSES
12, No Subpostmaster may use his position to further his private interests, or act in any
way which might give rise to the suspicion that he has used, for private purposes,
information available to him in his capacity as Subpostmaster.
BREACHES TO BE REPORTED
13. A Subpostmaster must report to the Regional General Manager any case in which
there appears to have been a breach of the above rules by anyone employed by him on
Post Office duties at the sub-office.
(APPENDICES 1-3 FOLLOW)
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APPENDIX 1
SUMMARY OF EXTRACTS FROM ACTS OF PARLIAMENT.
POST OFFICE ACT, 1953
(SECTION 57) as amended;
1. IN ENGLAND, WALES AND NORTHERN IRELAND if any person engaged in the
business of the Past Office secretes a postal packet in course of transmission by post,
he shall be guilty of a misdemeanour and be liable to imprisonment for a term not
exceeding seven years.
(The offences of theft or destruction of a postal packet are covered by the Theft Act,
1968 or the Criminal Damage Act, 1971. Persons convicted on indictment for such
=
offences are liable under the relevant sections of those Acts to imprisonment for a
term not exceeding ten years or in some cases for life.)
2, INSCOTLAND If any person engaged in the business of the Post Office steals, or for
any purpose whatever embezzles or secretes a postal packet in course of transmission
by post, he shall be guilty of a misdemeanour and be liable to imprisonment for a term
not exceeding seven years.
(SECTION 58(1))
3. If any person engaged in the business of the Post Office, contrary to his duty, opens,
or procures or suffers to be opened, any postal packet in course of transmission by
post, or wilfully detains or delays, or procures or suffers to be detained or delayed, ‘
any such postal packet, he shall be guilty of a misdemeanour, and be liable to
imprisonment for a term not exceeding two years or to a fine, or to both.
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APPENDIX 1
(SECTION 59)
4. Ifany person employed to convey or deliver a mail bag, or a postal packet in course of
transmission by post, or to perform any other duty in respect of a mail bag or such a
postal packets-
(a)
(>)
©
(a)
@)
Without authority whilst so employed, or, whilst the mail bag or postal packet
is in his custody or possession, leaves it, or suffers any person, not being the
person in charge thereof, to ride in the place appointed for the person in charge
thereof in or upon any vehicle used forthe conveyance thereof or to ride in or
upon a vehicle so used and not licensed to carry passengers, or upon a horse
used for the conveyance on horseback thereof;
1s guilty of any act of drunkenness whilst so employed;
Is guilty of carelessness, negligence or other misconduct whereby the safety of
the mail bag or postal packet is endangered;
Without authority collects, receives, conveys or delivers a postal packet
otherwise than in the ordinary course of post;
Gives any false information of un assault or attempt at robbery upon him; or
Loiters on the road or passage, or wilfully misspends his time so as to retard the
progress or delay the arrival of a mail bag or postal packet in the course of
transmission by post, or does not use due care and diligence safely to convey a
mail bag or postal packet at the due rate of speed;
He shall be liable on summary conviction to a fine not exceeding fifty pounds (twenty
pounds in Northern [reland).
(SECTION 87)
5. “Postal packet” means a letter, postcard, newspaper, printed packet, sample packet,
or parcel, and every packet or article transmissible by post, and includes a telegram.
(APPENDICES 2 AND 3 FOLLOW)
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APPENDIX 2
PERSONAL DECLARATION (P13)
‘To be made by all persons on entering employment in the Post Office.
The first duty of the Post Office is to ensure that letters, parcels,
DUTY OP THE POST nd all other communications o items entrusted to it reach the
OFFICE people for whom they are intended promptly and safely, and
that the information in them reaches no one not entitled to it,
To help the Post Office to render this essential service to the
conununity, the Law makes certain provisions of which the more
important are stated overleaf. It is important for you to know
and understand those provisions, not only for your own sake,
but also in order that you should not, through any fault or
omission on your past, anable or tenxpt others to break them.
DISC _ _ Ibis illegal to disclose official information without authority. A
NON-DISCLOSURE vorson engaged in Post Office work must not disclose any
OF OFFICIAL information which he/she obtains as a result of that work, unless
INFORMATION he/she has written permission to do so.
You shall neither during you employment with the Post Office
nor for a period of 1 year after that employment ceases, disclose
to any other person, firm, or company, or publish or broadcast or
use for your own benefit any confidential information relating in
any way to the activities, operations or business methods of the
Post Office, except as previously authorised in writing by the
Post Office.
YOU SHOULD READ CAREFULLY THIS STATEMENT AND THE ONE OVERLEAF
AND THEN SIGN YOUR NAME TO THE DECLARATION BELOW.
19
In the presence of
Signature _
Rank
The person signing this form should sign with his ordinary
Note: signature in the presence of a Supervising Officer. The
Subpostmaster should witness the signature of persons
employed at a Scala Payment Sub-Office.
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APPENDIX 2
PERSONAL DECLARATION (P13)
SAFETY OF
POSTAL PACKET
SECRECY
It is an offence to STEAL, SECRETE or DESTROY a letter, parcel
or any other postal packet in course of transmission by post, and
heavy penalties, including terms of imprisonment are provided
for such offences.
It is also an offence to OPEN or DELAY (without proper
authority) a letter, parcel or any other postal packet in course of
transmission by post, and penalties of fine or imprisonment are
provided for such offences.
CARELESSNESS, NEGLIGENCE or other mis-conduct which
endangers the safety of a mailbag or postal packet is likewise a
punishable offence.
Under the Official Secrets Act 1989, it is an offence of a
Government contractor (including an employee of a Government
Contractor) to make a damaging disclosure relating to security or
intelligence. A damaging disclosure may relate to defence,
international relations or information received in confidence
from another state or international organisation, or which results
or is likely to result in the commission of offences, or which is of
information which relates to or was obtained by special
investigation powers. It is also an offence for Government
contractors (and their employees) to fail to safeguard or
improperly to retain or provide access to documents or articles
containing information which it would be an offence under the
Act to disclose, A Government contractor means any person or
body who is employed in the provision of goods or services for
the Crown.
When a person transfers from one post to another, he must
surrender all documents connected with the post he is leaving,
except those issued to him for his personal retention. When he
leaves the Post Office all official documents must be given up,
with the exception of those which he has been authorised to
retain.
All the above conditions apply to all persons with access to any
official information, not only while the access continues, but also
after it ceases, and by termination of employment.
Any person who handles information about identifiable living
people which is processed automatically (v.g. on a computer or
word processor) may also commit an offence under the Data
Protection Act, 1984, if he/she improperly obtains, holds or
discloses any such:information, of if he/she improperly transfers
it outside the United Kingdom.
(APPENDIX 3 FOLLOWS)
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APPENDIX 3
DECLARATION TO BE SIGNED BY ALL. PERSONS CEASING TO BE EMPLOYED ON
POST OFFICE WORK, ALSO BY OTHER PERSONS ON CEASING TO HAVE ACCESS:
TO SECRET INFORMATION.
My attention has been drawn to the provisions of the Official Secrets Act 1989 which is set
out on the back of this document, and I an fully aware that serious consequences may
follow any breach of those provisions.
T understand:
LL. that the provisions of the Official Secrets Act 1989 may apply to me after my
appointment has ceased;
2. that information which [have acquired owing to my official position may be (
information which is covered in Sections 1-8 of the Official Secrets Act 1989.
For a period of one year after my appointment with the Post Office ceases I shall not disclose
to any other person, firm or company, or publish or broadcast or use for my own benefit
any confidential information relating in any way to the activities, operations or business
methods of the Post Office, except as previously authorised in writing by the Post Office.
Thereby declare that I have surrendered any document made or acquired by me owing to
my official position save such as I have written Post Office authority to retain,
Signed Rank
—~
Permanent Home Address (inc. postcode)
Date
Official Address
Signed in The Presence Of
Rank
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Surname
(BLOCK LETTERS)
Forename(s)
(BLOCK LETTERS)
Date of Birth Date of Leaving
19
Regd No of Appt Papers Keep Until
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APPENDIX 3
THE OFFICLAL SECRETS ACT 1989
Under the Official Secrets Act 1989, it ts an offence of a Government contractor (including
an employee of a Government Contractor) to make a damaging disclosure relating to
security or intelligence, A damaging disclosure may relate to defence, international
relations or information received in confidence from another state or international
organisation, or which results or is likely to result in the commission of offences, or which is
of information which relates to or was obtained by special investigation powers. It is also an
offence for Government contractors (and their employees) to fail to safeguard or improperly
to retain or provide access to documents or articles containing information which it would
be an offence under the Act to disclose. A Government contractor means any person or
body who is employed in the provision of goods or services for the Crown.
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POST OFFICE COUNTERS LTD
SECTION 17
SUBPOSTMASTERS’ PRIV. S88 ACTIVITIES; iG i
POLITICAL ACTIVITIES
“PRIVATE BUSINESS ACTIVITIES”
1. The appointment of a Subpostmaster confers on the individual concerned the right to
transact, and to receive payment for, certain items of business of behalf of Post Office
Counters Ltd at the premises specified. The conditions of the appointment also
involve such restrictions on the private activities of the Subpostmaster as are
necessary to ensure the continued viability of Post Office Counters nation-wide
network,
2. Itis, therefore, in the interests of all Subpostmasters that Post Office Counters Ltd
should be able to seek, negotiate and manage retail business in the market place
without the risk that it will find any Subpostmaster competing against it for the same
business, and accordingly a Subpostmaster must not undertake in a private capacity
any business, or allow anyone else to undertake on the premises in which a sub-office
is situated, business of the kind which Post Office Counters Ltd requires him to
provide for itself or its clients.
3. The current restrictions on private business activities on the premises in which the
sub-post office is situated are as follows:
i. collection of payments, or sale of prepayment meter tokens on behalf of any
public utility - water, gas, telephone or electricity contpany;
ii. collection of payment, on behalf of cable or satellite television companies,
collection of revenue whether by sale of stamps or other means on behalf of
local authorities;
iii. sale of “unbooked” travel tickets or passes on behalf of any transport company
or local authority;
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iv. pale of National Lottery tickets, or similar nationally available lottery products,
unless POCL is unable to secure this business because of legal restraints;
v. commercial change giving service:
vi. phone card sales on behalf of BT, Mercury or any future phone card operator
with whom POCL obtains or seeks to obtain a contract for the sale of such
cards;
vii. business concerned with the provision of services relating to the conveyance of
letters, parcels and other postal packets (“collectively called postal packets” in
this paragraph) including without prajudice to the generality of the foregoing
the sale of stamps, the acceptance of postal packets for conveyance and delivery
and the acceptance of payment for services relating to the collection, conveyance
and delivery of Postal Packets;
viii. provisions of private box and poste restante facilities;
ix. business which is connected with the acceptance or delivery of parcels;
x, — collection/ delivery or return of undeliverable packets and parcels;
xi. Banking, Building, Provident or Friendly Society business.
‘The above categories of business constitute the current restrictions but Post Office
Counters Ltd reserves the right to review these restrictions in the light of changing
Business requirements, varying them if necessary. All Subpostmasters will be
informed of any such changes.
If an opportunity for new business occurs to a Subpostinaster, or if a Subpostmaster _
receives any communication from a third party which amounts, or may amount, to an
offer to the Subpostmaster to undertake the work, which come within the current
restrictions specified in paragraph 3 above the Subpostmaster should not accept such
work. Instead he should, at once, inform Post Office Counters Ltd of the
circumstances and seek advice as to whether the work concerned falls within the
restrictions described above.
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BETTING AND GAMBLING
6 A Subpostmaster or Sub-Office Assistant should not:
(a) _ bet or gamble by means of post (betting by private telephone off the Post Office
part of the premises is permissible);
(b) take part in racing etc. pool or competitions or betting at “fixed odds” on
football matches (there is no objection to participation in ordinary football pool
competition),
7. ASubpostmaster should not on the premises in which the sub-office is situated;
(a) _ allow or provide for gambling;
(b) conduct any business with a turf commission agency or a football or turf pool
agency.
8. Notwithstanding the conditions of Paragraphs 3 (iv), 5 and 7 above, a Subpostmaster
or a Sub-Office Assistant may in a private capacity take part in or act as a promoter of
such local lotteries as are permitted under the Lotteries and Amusements Act 1976
(Northern Ireland in part Ill of the Betting and Lotterles Act (Northern Ireland) 1957),
‘The onus of ensuring that the law is complied with rests with the person concerned in
the promotion and conducting of the lottery and the sale of tickets. Tickets for such
lotteries must not be sold over the sub-office counter nor must the Post Office be used
in any way for advertising purposes, e.g. in giving addresses at which tickets are
available, nor must advertisements include the words Post Office, Sub-Post Office or
Subpostmaster.
LICENSED PREMISES
9. A sub-office may not be situated in premises for which an “on” licence allowing for
the sale of drinks, other than a restaurant, has been granted, unless the premises have
been clearly divided so that Post Office customers do not need to go through the
licensed premises. There is no objection to the Subpostmaster holding and “off”
licence provided the liquor is sold in closed vessels.
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POLITICAL ACTIVITIES
10.
11.
A Subpostmaster is free to take part in any national and local political activities
subject to the following conditions:-
(a) he must not engage in or allow his assistants to engage in political activities
whilst engaged on Post Office business or on the sub-office premises;
{b) he must not exhibit any notice soliciting votes for any particular candidate or
with any party or political object either in the sub-office or on any vehicle under
the control of the Post Office; and no leaflet or address with a party or political
object may lie or be exhibited within the sub-office,
A Subpostmaster who intends to stand for Parliament must notify the Regional
General Manger accordingly at the earliest opportunity. He must cease to have
connection with the running of the sub-offive from the day he is nominated when the
office will be placed “in charge”. On receipt of the notification the Regional General
Manger will inform him of arrangements whereby he may name a deputy to act as
Subpostmaster should he be elected. If he is elected he will be able to resume office
when he ceases to be a Member of Parliament, provided he has complied with the
arrangements for naming a deputy and the sub-office has not been closed through
normal changes during his absence; should he fail to comply with these arrangements
he will be regarded as having resigned on the day he is elected. If he is not elected he
may resume office after the election result has been declared, A Sttbpostmaster who is
elected retains the right to resume office after he ceases to be a Member of Parliament,
provided the break in his service does not exceed 5 years.
USE OF THE NAME “POST OFFICE”
12,
A Subpostataster must not use the name “Post Office” in connection with any of his
private business activities or in such a way as to imply that the Post Office is in any
way connected with these activities.
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CANVASSING
13. A Subpostmaster must not canvass persons, firms or companies who reside or carry
‘on business at a place nearer to anather Post Office, to transact Post Office business at
his sub-office. Nor must he deliver items of Post Office business to customer's
premises,
EMPLOYMENT IN THE POST OFFICE OR THE CIVIL SERVICE
14. A Subpostmaster or a Sub-Office Assistant may not be employed in the Post Office if
his duties would bring him into contact with the work of the sub-office,
BORROWING AND LENDING MONEY
15. A Subpostmaster must not barrow from or lend money to any Post Office employee,
Nor should he become security for any Post Office employee in raising a loan. The
Joaning of money to persons drawing pensions or allowances on the security of their
order books is also strictly forbidden,
USE OF POST OFFICE EMPLOYEES IN PRIVATE BUSINESS
16. A Subpostmaster must not engage Post Office employees to undertake any work
whatsoever connected with the Sabpostmaster’s private business at anytime when
they are employed in Post Office duties.
NOTE: In view of the inyplications of the Restrictive Trade Practices Act 1976 the agreement
of the National Federation of Sub-Postmasters has not been sought in the terms of
this section.
END
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SECTION 18
NON-OBSERVANCE OF RULES: APPEALS PROCEDURE
ALLEGATIONS OF NON-COMPLIANCE OR NON-OBSERVANCE OF RULES
Although there may he instances where civil or criminal proceedings are
contemplated in which it would serve no useful purpose to call for a written
explanation, in all other instances, and without prejudice to any subsequent
proceedings, any Subpostmaster will be afforded an opportunity of giving a written
explanation of allegations of non-compliance or non-observance of the rules which are
made against him.
At the discretion of the Retail Network Manager which will not normally be withheld,
the Subpostmaster may, if he wishes, meet the Retail Network Manager to discuss the
allegations. he may be accompanied by a friend while doing so. The friend must be
aged 18 or over and cannot be someone involved in the enquiry. The friend must be a
Subpostmaster, sub-office Assistant or Post Office employee - and can be the local
NESP representative.
As repeated breaches of the rules, even if minor in themselves, may lead to the
determination, without further warning or appeal, of the contract by means of the
giving of three months notice, it is strongly recommended that Subpostmasters take
the opportunity to make such written and verbal explanations of their actions at the
time of the alleged breach of rules. A record will be kept by the Retail Network
Manager of any such discussions and of any written warnings issued to the
Subpostmaster,
REPRESENTATIONS ON POST OFFICE MATTERS
Without prejudice to the above a Subpostmaster may address at any time the Regional
General Manager and representation he may wish to make having reference to his
duties, remuneration or any other Post Office matter. The decision of the Regional
General Manager as to his response to such representations is final.
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APPEALS
5. Ifthe Subpostmaster wishes to appeal against a decision to summarily terminate his
contract for services, he may do so either in writing or by personal interview and will
be allowed ton (10) working days from the date of the termination letter to make
application, to a member of the Post Office Counters Ltd “Appeals Authority” whose
decision will be final, There is no formal appeal against three months notice of
contract termination or against termination with pay in liea of notice. Appeals on all
other issues (e.g. recovery of losses caused by the Subpostmasters negligence) are
heard by the Regional General Manager whose decision is final.
APPROACHES TO PERSONS OUTSIDE THE POST OFFICE
6. Until the Subpostmaster has exercised his final right of appeal, he should not ask
persons outside the Post Office to take up the case on his behalf although this does not
prevent a Subpostmaster from obtaining such advice and support from the NFSP or
any other outside person as may help him to present his case effectively, The
Subpostmaster should not detain Post Office papers or allow them out of his custody
for the purpose of such consultation without the permission of the Retail Network
Manager.
END
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SECTION 19
OFFENCES: SUSPENSION: ENQUIRIES BY OFFICERS OF THE INVESTIGATION
DIVISION
1. Dishonesty is viewed most seriously and any Subpostmaster or Sub-Office Assistant
believed to have carried, or taken part in, an act of dishonesty against Post Office
Counters Ltd may be prosecuted. Furthermore, any Subpostmaster so involved
renders himself liable to summary termination of his contract. The case of an
Assistant Post Office Counters Ltd may recommend to the Subpostmaster that the
Assistant should no longer remain in his employ on Post Office Counters business.
ARRESTS AND CONVICTIONS
2. ASubpostmaster must report to his Regional General Manager if he is arrested and
refused bail, ot if he is convicted by a Court of any criminal offence (except a traffic
offence for which the penalty has not included imprisonment).
IMMORALITY AND OTHER MATTERS OF PERSONAL CONDUCT
3. It is the aim and practice of Post Office Counters Ltd to maintain, to the maximum
extent compatible with needs of service to the public, an attitude of non-interference
in the private lives of Subpostmasters. However, where facts come to light calculated
to cause public scandal or grave embarrassment to the Post Office in connection with
a Subpostmaster's private conduct, the question of his fitness for retention in office
may have to be considered.
SUSPENSION FROM OFFICE
4. A Subpostmaster may be suspended from office at any time if that course is
considered desirable in the interest of Post Office Counters Ltd in consequence of his:
(a) being arrested, (b) having civil or criminal proceedings brought or made against
him, (c) whore irregularities or misconduct at the office(s) where he holds
appointment(s) have been established to the satisfaction of Post Office Counters Ltd,
or are admitted, or are suspected and are being investigated,
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Where a Subpostmaster is suspended his remuneration in respect of any period of
suspension will be withheld so long as such suspension continues.
On the terniination of the period of suspension whether by termination of contract or
reinstatement, the Subpostmaster’s remuneration in respect of the period may, after
consideration of the whole of the circumstances of the case, be forfeited wholly or in
part. If remuneration is paid any rent or other expenses which may have been paid to
him in respect of the continued use of his premises for Post Office purposes during the
period of suspension will be deducted.
CRIMINAL CONDUCT: REPORTING
7.
If a Subpostmaster has knowledge or suspicion of dishonesty or other criminal
conduct affecting the Post Office on the part of any person including a Sub-Office
Assistant or a Post Office employee he must, if there is any apparent need for
immediate action, at once tell the Regional General Manager confidentially of his
knowledge or suspicion.
INDUCEMENT TO ACT CONTRARY TO RULES
if any person should try to induce a Subpostmaster or a member of his staff to act
contrary to the rules (if, for example, he should be asked to datestamp covers
irregularly with a view to either himself or the offender afterwards enclosing therein
betting slips or other communications relating to the result of some race, gamve or
sport) he should, while avoiding compliance (save in the case described in paragraph
9, also avoid putting that person upon his guard by definite refusal), ‘The
Subpostmaster should as soon as possible tell the Regional General Manager what has
happened giving a full report and description of the person so that an immediate
report can be made to POID and instructions sought.
A Subpostmaster or Sub-Office Assistant who is asked irregularly to put in course of
post for despatch or delivery from his own office a cover already date-stamped,
addressed to a betting agent, and presumably already containing a betting slip or
other communication respecting the result of some race, game or sport, should accept
it and with it any bribe offered for compliance. He should at once initial the cover and
hand it and the bribe to the Regional General Manager, to whom he should report as
provided in the last sentence of paragraph 8.
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THEFTS BY STRANGERS
10. A Subpostmaster or Sub-Office Assistant who sees a theft of Post Office Property
conunitted by a stranger should inform the Police of the facts and then report the
matter to his Regional General Manager as soon as possible,
FAILURE TO REPORT DISHONESTY
11, Inline with any employce of the Post Office a Subpostmaster or Sub-Office Assistant
is expected to report immediately any suspicion of dishonesty or criminal intent
which may in any way affect the Post Office, whether the likely offender be connected
with the Post Office or not. He is similarly enjoined to render all possible assistance lo
officers of the Investigation Division (see below).
ENQUIRIES BY OFFICERS OF THE POST OFFICE INVESTIGATION DIVISION
12. The main job of the Investigation Division is to investigate, or help the Police to
investigate, criminal offences against the Post Office, British Telecommunications and
the Department of National Savings. the Investigation Division does NOT enquire
into matters where crime is not suspected.
13. Most of the crimes dealt with by the Investigation Division are committed by
outsiders. If follows that a common reason for Investigation Division officers seeking
interviews with persons employed on Post Office business is to get help in clearing up
such offences. Usually the help takes the form of a witness statement that provides
evidence about a particular act or acts that the witness has carried out in the course of
his or her duty.
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1.
Although they comprise the minority of all Investigation Division crime
investigations, there are many cases where the possibility (or even direct suspicion)
arises that persons employed on Post Office business may be involved. Officers of the
Investigation Division conduct interviews about these suspected offences and they are
required to observe the same code of conduct when obtaining evidence as that laid
down for Police Officers. This provides for an officer investigating a criminal offence
to question any person, whether suspected or not, from whom he thinks that useful
information may be obtained. As soon as the Investigation Division officer has
evidence which would afford reasonable ground for suspecting that a person has
conuitted an offence, he must caution him before asking any questions about that
offence. The caution must be in terms which make it clear that the suspected person is
not obliged to say anything unless he wishes to do so and that what he says will be
put into writing and given in evidence.
If a Subpostmaster or Sab-Office Assistant is questioned as a suspected person by an
officer of the Lnvestigation Division, on statements made by a third person, and
expresses a desire to be confronted by that person, such confrontation will, if
pructicable, be arranged. At the confrontation, the suspect will be at liberty to
question the third person on his evidence and the questions and replies will be
recorded by the Investigation Division officer.
FRIENDS AT INVESTIGATION INTERVIEWS
16.
Atall interviews between Investigation Division Officers and a Subpostmaster or Sub-
Office Assistant, the interviewing officer will first introduce himself, explain the
nature of the enquiry, the ask the person to be interviewed if he wishes to have a
friend present. The introduction and explanation are necessary first steps so the
person to be interviewed knows what is involved when he makes his free personal
choice whether to ask for a friend to be present at the interview or not.
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19.
A friend invited to attend an Investigation Division interview must be aged 18 or over
and cannot be somone involved in the inquiry. The friend must be a Subpostmaster,
Sub-Office Assistant or Post Office employee - and can be the local NFSP
representative. To avoid unreasonable delay and to ensure that interviews will not
commence until a friend, if requested, is present, the person being interviewed will be
asked to nominate alternative friends if the one first (or subsequently) chosen is not
available or may be involved in the enquiry.
Ifa person being interviewed declines to have a friend present when asked but
changes his mind later, he may ask for a friend to be called at that stage. If he is not
questioned as a suspected person at the outset (ie. not under caution), but fresh
evidence emerges during the interview which gives reasonable grounds for suspicion,
the Investigation Division officer will make this clear and explain that he proposes to
continue his questions after caution. Before the caution is given the Investigation
Division officer will ask if the presence of a friend is desired during the remainder of
the interview.
A friend may only attend and listen to questions and answers. He must not interrupt
in any way, either by word or signal; if he does interrupt he will be required to leave
at once and the interview will proceed without him. Whatever is said at the interview
is to be treated as in strictest confidence. The friend may take notes of the interview
but he must keep the notes in the strictest confidence. The only communication the
friend is entitled to make on behalf of the person who has been questioned wilt be in
the form of a written “in strictest confidence” statement which may be submitted by
the latter, in support of any official appeal which the person questioned may desire to
make in connection with the methods followed at the enquiry. No other
communication about the interview is allowed (unless made by permission of the Post
Office) as it might constitute a breach of the Official Secrets Acts. The questioned
officer may, however, if he so desires, communicate the friend’s statement to the
National Federation of Sub-Postmasters in strictest confidence.
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SEARCHES
20.
a.
Ifa person agrees to his property or house being searched by Investigation Division
staff the Investigation Division officer will ask, before the search is carried out, if he
wishes to have a friend present.
Investigation Division officers have no authority to search a Subpostmaster or Sub-
Office Assistant or their homes unless the have first obtained the agreement of the
person concerned. or they have obtained a warrant to do so. In practice Investigation
Division officers only seek authority or permission to search when it is deemed
absolutely necessary or in the interests of the person involved (e.g. as a pointer to their
innocence). If search by consent is carried out during the course of enquiries which
do not substantiate any suspicion that may have been directed at a Subpostmaster or
Sub-Office Assistant, he will be handed at a later stage a written apology for any
inconvenience caused, coupled with a statement that he readily agreed to the search
and that nothing which would cast any doubt on his honesty was found.
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SECTION 20
INFECTIOUS (INCLUDING CONTAGIOUS) DISEASES
Subpostmasters, are expected to act on the advice given by their general practitioners
or hospital specialists, and to refrain from providing “Personal Service”, by taking
leave of absence, through sickness if advised to do so. This is both for their own good
and that of others.
Contact with a person suffering from such a disease will only rarely exempt a
Subpostmaster from providing Post Office services, nevertheless the advice in Par. 1
may apply if the medical practitioner so advises.
“Open cases” of Pulmonary tuberculosis must receive clearance from the Post Office,
before a Subpostmaster will be allowed to resume the provision of “Personal Service”.
If the local Public Health Department should require the temporary closing of the
office, the Regional General Manager will issue instructions as to the stock, etc. In
such cases the question of continuing payment of the subpostmaster’s emoluments
subject to a deduction in respect of any saving in expenses, will be considered on its
merits.
‘These conditions apply equally to any assistants employed by a subpostmaster on
Post Office duties. Also, in such cases the question of meeting any loss sustained by
the Subpostmaster or Sub-Office Assistant in consequence of the latters enforced
absence will be considered on its merits. It should, however, be understood that the
object of any payment that may be made by Post Office Counters Ltd in these cases is
to prevent there being any inducement to the sub-office Assistant to come on duty
when his presence would be a source of danger to the public or the Post Office
employees with whom they might come in contact in his Post Office work. Post Office
Counter recognises no other obligation in the matter.
END
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SECTION 21
TELEPHONE FACILITIES AT SCALE PAYMENT SUB-POST OFFICES:
PROVISION OF TELEPHONE FACILITIES
1. A Subpostmaster must, in connection with official business of Post Office Counter
Ltd, and in the interests of security, arrange for the provision of telephone facilities at
his sub-post office. The following facilities are required by Post Office Counters Ltd:-
(@) a direct exchange line; or
(6) _anextension plan installation comprising a portable telephone and two sockets:
‘one to be installed in the sub-post office and the other in the Subpostmaster’s
bedroom. (This type of installation is only required where the Regional General
Manager considers it is desirable, as a security measure, and where the
Subpostmaster resides on the premises. However, Post Office Counters Ltd will
not require this type of system to be installed at island and small rural offices
where the Regional. General Manager considers that the risk of criminal attack is
clearly negligible).
REEMBURSEMENT OF INSTALLATIONS COSTS
2. Post Office Counters Ltd will reimburse the Subpostmaster for costs incurred in the
installation of the required telephone facility provided that excessive expenditure is
not involved. However in the event that the Subpostmaster decides to have installed
a system other than that required by Post Office Counters Ltd the Post Office
contribution to the total installation costs will be no greater than the cost of installing
the facilities outlined in paragraph 1 above. If a Subpostmaster is required to make
provision for an extension plan system as described in paragraph 1(b) and chooses to
have an extension socket in a room other than his bedroom the Post Office
contribution to the installation cost will be no greater than would be incurred in
respect of the installation of a direct exchange line.
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RENTAL CHARGES
Post Office Counters Ltd on production of a paid quarterly telephone account, will
reimburse the Subpostmaster the rental charges billed by BT including the VAT
element (see paragraph 10) appropriate to the type of telephone facility that the
Regional General Manager has agreed is necessary (see paragraph 1). Rental charges
which exceed the levels so authorised by the District Manger remain the responsibility
of the Subpostmnaster.
CALL UNIT ALLOWANCE
Each Subpostmaster is given for each telephone account period an allowance of call.
units for official purposes, based on the scale of Post Office business transacted; any
part of the allowance not expended in a telephone account period cannot be carried
over to the next. The Subpostmaster is due to pay for alll call units used in excess of
this allowance.
The standard allowances have been fixed at a level which takes into account the
varying conditions between offices. They also allow a margin for contingencies.
The scale of allowances, related to the telephone account period, is as follows; the call
unit allowance in column (b) is intended to reimburse Subpostmasters for longer
distance calls to DNS, Girobank etc., where these are not covered by the basic
allowance in column (a):
Offices in unit bands: Official call units Additional call
per annum units
(a) per annum
(b)
Up to 85,000 260 NIL
85,001 - 225,000 360 350
225,001 - 400,000 460 500
over 400,000 560 700
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Where calls from a sub-post office to the Regional or Controlling Crown Office are not
within a local call area and are charged on the basis of the distance between twa
points, the standard allowance of official call units (paragraph 6, column (a)) will be
subject to the following multipliers:
Distance in miles from District or Rate of charge Multiplier to be
controlling Crown Office applied to official
allowance
Up to 35 miles a 5
over 35 miles b 14
SUPPLEMENTARY ALLOWANCE
A Mailwork Subpostnaster may claim an additional allowance, in respect of calls
made in connection with his Mailwork responsibilities, providing that the standard.
allowance has been expended. A claim, supported by documentary evidence should
be submitted to the Regional General Manager with the telephone account for the
period concerned.
EMERGENCY REPAIRS
9%
Some British Telecom General Managers are prepared to provide emergency repair
facilities for Subpostmasters, The service allows for attention to faults reported:-
(a) Monday-Friday between 1700 and 0800 hours;
(b) Saturday up to 0800 and from 1300 hours;
() all day on Sunday, Public and Bark Holidays.
All other times repair facilities apply. Subpostmasters will be billed for use of the
emergency service on the normal quarterly bill and Regional General Mangers will
reimburse these costs on presentation of the bill.
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REIMBURSEMENT OF VAT CHARGES
10. The Post Office will reimburse the Subpostmaster the charges raised for VAT at the
standard rate, in respect of that part of the total charge related to Post Office services,
ie. rental, the free call allowance and emergency repairs.
END
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SECTION 22
QUALITY STANDARDS
1. Post Office Counters Ltd, through its network of post offices, aims to give customers
and clients a high quality service. The Subpostmaster must therefore give high
priority to serving customers quickly and efficiently, and to fulfilling the
documentation requirements of clients with accuracy and professionalism. Also the
Subpostmaster will participate in “Putting the Customer First” by attending the
training sessions which form the programme and carrying out the interim activity
required between sessions.
The interim activity consist of commitment to display the Customer Charter in the
public area of the sub post office, and to hand out questionnaires inviting customer
feedback, On an ongoing basis questionnaires will be handed out at regular intervals,
to be deterntined by POCL, but not more than once every six months. In addition to
the issue of questionnaires Subpostmasters, particularly those in larger offices, will be
encouraged to measure customer service as described below. Subpostmaster’s sub-
office assistants are also expected to undergo the “Putting the Customer First”
programme, either at sessions led by the Subpostmnstera themselves, ance they are
trained, or the retail network manager. Subpostmasters should make all reasonable
efforts to encourage their staff to participate in the training.
Payment for attendance at the four “off site” sessions, led by retail network managers,
within the “Putting the Customer First” programme, will be for travel and
substitution.
WAITING TIME
2. The Subpostmaster should ensure that the time for which customers wait to be served
is kept to the minimum, and make any adjustments to the staffing pattern accordingly.
To help achieve this objective Subpostmasters in offices displaying the charter,
particularly those in Jarger offices, will be encouraged to monitor waiting times using
the system developed by POCL.
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This entails counting the number of customers queuing and the number of clerks
serving, three times a day and to supply the information to POCL to enable the
results to be analysed and fed back to the Subpostmaster.
While POCL has an overall national objective for customers to wait for no longer than
five minutes before being served, it is recognised that customers have different needs
and expectations of waiting time in different offices, and at different times of the day
or week. However, Regional General Managers will treat very seriously any evidence
which suggests that the Subpostmaster is not making all reasonable efforts to ensure
that customer waiting time is minimised, to meet the needs of customers locally.
TRANSACTIONS
von
3. The Subpostmaster will be responsible for ensuring that transactions are carried out
accurately, that all reasonable steps are taken to prevent fraud and that alll
documentation is properly completed and despatched at the due time. Where under
the terms of its contracts with its clients Post Office Counters Ltd incurs financial
penalties as a result of the Subpostmaster’s failure in this regard, Post Office Counters
Ltd may pass on this additional cost to the Subpostmaster. The Appendix to this
Section sets out the current maxima of the penalties which can be passed on to the
Subpostmaster. in such circumstances, Post Office Counters Ltd will furnish copies of
the appropriate documents as evidence in support of any action. Failure to properly
complete accounting and traffic information documents may lead to the exclusion in
whole or in part of business transacted for the purposes of determining payment.
4, The Subpostmaster will ensure that customers are treated fairly, courteously and
helpfully. Persistent failure to meet the high standard of service demanded by Post
Office Counters Ltd could result in termination of contract. \
(APPENDIX 1 FOLLOWS)
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QUALITY STANDARDS
SUBPOSTMASTER ERRORS: MAXIMUM PENALTIES
(i) British Telecom
Late despatch of BT Bills with due account to cut off times £10 (per summary
and where this is demonstrably the fault of the form)
Subpostmaster.
(2) Girobank
2.1 Error notices issued in respect of PDR (G.6301/G.6302) £23.54 (per error
transactions, Community Charge (G6403) transactions, notice)
Green/Violet Girocheques (G6305/7) transactions.
2.2 Cashing other Bank’s Cheques: Fraud Losses
POCL bears in full losses from fraudulently encashed ‘other bank’s cheques’
where these cheques have been accepted incorrectly (e.g, no cheque card number
written on back of cheque). Recompense may be sought towards losses incurred.
@) DVLA (MVL Offices) only
License issued early £8.50 per licence
Incorrect Licence issued £8.50 per licence
Lost tax discs(where Subpostmaster failed to safeguard The six-monthly
properly) rate of duty for
private and light
goods vehicle
chargeable at the
time of loss.
(4) Department of National Savings
DNS muy seek recompense from POCL for fraud losses,
where error by Subpostmaster had led to payments which
should not have been made. For example:-
a) Where a stop payment has been ignored.
b) Where a forged date stamp impression is a bad one.
¢) Where pass book entries have been blatantly altered.
d) Where the wrong balance figures have been entered.
Again, depending on the circumstances, a contribution can
be sought towards losses incurred.
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SECTION 23
REDEMPTION OF TELEPHONE, TELEVISION, MOTOR VEHICLE AND OTHER
SAVINGS STAMPS
1, A Subpostmaster must only accept savings stamps either in total or part payment for
4
the relevant transaction to which they refer.
It is TOTALLY UNACCEPTABLE for a Subpostmaster (or anybody acting on his
behalf) to:-
() exchange redeemed savings stamps for cash;
(i) _ affix savings stamps to savings cards and claim them as if they had been
redeemed by a customer in the normal course;
(iii) convert total of partial cash or cheque payments for licence or accounts
payments into stamps and claim them as if they had been presented by a
customer;
(iv) convert official cash (whether directly from the till or paid in over the counter)
into savings stamps (whether affixed to a card or not) for use as a means of
saving for any purpose whatsoever; or to take action which improperly sets out
to increase his remuneration.
Redeemed savings stamps must be despatched immediately following completion of
the cash account on which the transaction to which they refer takes place. It is not
acceptable to remit redeemed savings stamps later than the scheduled despatch date
or to remit several weeks redemption together.
In the event that cases of falsification come to light Post Office Counters Ltd will view
such activities extremely seriously and in such circumstances almost certainly
consider termination of the Subpostmasters Contract for services.
END
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‘SECTION 24 SUBPOSTMASTER CONTRACT
MAILWORK
GENERAL
lL This contract is between Post Office Counters Limited (POCL) and the Subpostmaster of
in respect of the
11 provision of sorting facilities, and supervision of Postmen for both delivery and collection of
mails, known hereinafter as Mailwork.
‘The specifications given at APPENDICES 1-3 of this section explain more fully the
requirements on the Subpostmaster and Royal Mail in the provision of Mailwork.
‘This Mailwork contract does nat affect the Subpostmaster‘s obligations and entitlements under
a contract for services with POCL tu provide counter services.
ACCOMMODATION AND FITTINGS
2. The Subpostmaster agrees to provide and maintain such accommodation as is required for the
effective discharge of Mailwork duties, In fulfilling this requirement, the Subpostimaster will be
responsible for meeting the provisions of all relevant legislation (in particular HASAW) and
where Post Office staff work on the prernises specifically provide:
21
2.2
23
24
25
2.6
27
Access to toilet facilities.
Facilities for washing, including a supply of hot water.
Hat and coat peys.
Facilities for making tea.
Adequate lighting.
Adequate heating; and
Adequate ventilation.
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Where provision of relevant legislation or requirements introduced by the Post Office after the
appointment of the Subpostmaster call for changes in the accommodation provided by the
Subpostmaster, the Post Office will pay 100% of the costs invalved in effecting the required
changes. A proportion of the costs is returnable should the Subpostmaster relinquish his/her
appointment within 4 years of the work bing carried out.
The Post Office will make available fittings designed specifically for Mailwork use at no cost to
the Subpostmaster. In certain circumstances, Subpostmasters may purchase other surplus
equipment by local arrangement from Royal Mail.
ATTENDANCE
3. The Subpostmaster is not obliged to attend the office personally. Where he decides to absent
himself he must appoint a substitute who shall be sufficiently well versed to carry out the
lan
responsibilities of the Subpostmaster and who is acceptable to the Royal Mail and Post Office
Counters Ltd, However, a Subpostmaster’s responsibility for the proper conduct of Mailwork
duties is in no way diminished by his non-attendance. In either case, the Subpostmaster will
arrange for:
3 the correct handling of value and other special items in accordance with regulations
advised from time to time,
3.2 the maintenance of statistical and management information systems as required for
the effective provision of Mailwork in accordance with agreements reached with the
National Federation of Sub-Postmasters (NFSP).
ACCESS TO PREMISES
4. The Subpostmaster will allow access to the area where sorting is performed at all times when \
Mailwork is being carried out to any representative of the Post Office for the purpose of
inspection and procedural audit. Visits to the area where sorting is performed outsicle hours
when itis in use will be by appointment at a time reasonable to both the Post Office and the
Subpostmaster,
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5. The Post Office for its part will provide for:
5A Training in all aspects of Mailwork to include not only new entrant training but also
on-going training.
5.2 Royal Mail will make available the conduct code applicable to their employees
working in the Mailwark office and will take appropriate action to ensure the
conduct code is followed in orcer to support the Subpostmaster.
5.3 Sufficient levels of operational and administrative support to allow the
Subpostmaster to fulfil his obligations under the terms of his contract.
54 The supply of soap and towels and toilet paper.
55 Fire fighting equipment.
CHANGES TO FACILITIES
6. The Post Office will ensure that any changes to facilities or services will be subject to
consultation with NFSP.
REMUNERATION
7. Remuneration for the facilities and services provided by the Subpostmaster will be paid in
accordance with the agreement that may be in force from time to time between the Post Office
and the National Federation of Sub-Postmasters in respect of Mailwork.
WITHORAWAL OF MAILWORK
8. Where Mailwork is withdrawn either in whole or in part a payment may be made.
Details of the conditions of such a payment appear at Appendix 4,
CHANGES IN CONDITIONS OF SERVICE
9. Any changes in conditions of service and operational instructions, including those which are
agreed with the Natianal Federation af Sub-Postmasiers, will be communicated to
Subpostmasters either directly, through “Counter News” or by amendment to Postal
Instructions
(APPEND ES 14 FOLLOMS:
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APPENDIX 1
ACCOMMODATION SPECIFICATION
Current Health & Satety legislation requires that certain standards of accommodation are needed at
Mailwork Sub Post Gifices. The following schedule outlines these standards by reference to
workplace regulation issued by Health and Sufety Executive under section 16 of the Health and
Safety at Work Act 1974
The determination of whether these standards are achieved at particular offices will be made, if
appropriate via Royal Mail (RM) carrying out risk assessments on accommodation used for
Mailwork, RM will communicate the results of risk assessments via Post Office Counters Ltd (POCL)
to the subpostmaster. Any action requiced as a consequence of the risk assessment will be agreed
between RM, POCL and the subpostmaster and all parties will use reasonable endeavours to ensure
that any such agreement is not unreasonably withheld.
In general terms any action required in respect of general maintenance or what can reasonably be
expected under the following paragraph A will be funded by the sub postmaster. Any action that can
reasonably be attributed to a past change in RM,s requirements or past changes in legislation will be
funded by RM.
Paragraph A
‘The subpostmaster agrees to provide and maintain such accommodation as is required for the
effective discharge of Mailwork duties. In fulfilling this requirement, the subpostmaster will be
responsible for meeting the provisions of all relevant legislation (in particular HASAW) and where
Post Office staff work on the premises specifically provide access to a toilet, facilities for washing,
including a supply of hot water, facilities for making tea, adequate lighting, adequate heating and
ventilation, hat and coat pegs.
The following specification represents yuidelines. Their applicability in differing circumstances will ¢
depend on a range of factors such as number of staff, duty structures, composition of staff etc. The
intent is to ensure that at the minimum the legislative requirements are met
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APPENDIX1
ACCOMODATION SPECIFICATION
GENERAL
General Health, Take measures to ensure, so far as it is reasonably practicable,the Workplace Reg 4
Safety & Welfare health, safety and welfare of people who use their premises. These
responsibilities measures should be intended to protect the health and safety of
everyone in the workplace, and to ensure that adequate welfare
facilities are provided for Royal Mail employees at work as detailed
below.
Display of Display suitably and prominently all relevant statutory Notices
statutory including the Health and Safety law notice and the Health and Safety
Notices. policy Abstract Notice.
WORK AREA
Space and room — Every room where persons work should have sufficient floor area, Workplace Reg 10
dimensions height and unoccupied space for purposes of health, safety and welfare.
Maintenance of — The workplace and the equipment, devices and systems should be Workplace Reg 5
workplace and maintained.in an efficient state, in efficient working order and in good
equipment, repair. Where appropriate a suitable system of maintenance should be
devices and in place. Royal Mail will arrange for the maintenance of equipment
systems devices and systems provided by them. The subpostmaster will arrange
for premises maintenance in accordance with his/her contract.
Workstations Workstations should be suitable for the work and for persons working — Workplace Reg 11
and seating there. Workstations should include, so far as reasonably practicable,
protection from adverse weather, arrangements for swift exit in an
emergency and arrangements to minimise risks of slipping or falling,
and seating suitable for the operation. Royal Mail will provide the
equipment necessary for its employees to undertake the tasks.
The subpostmaster will ensure that such equipment is used correctly
for the appropriate purposes.
CLEANLINESS
Cleanliness and The workplace and the future furnishings and fittings should be Workplace Reg 9
waste materials —_kept sufficiently clean. Surfaces of the floors, walls and ceilings
inside the building should be capable of being kept sufficiently clear.
Workplaces should be kept free of accumulation of waste material,
suitable waste receptacles should be provided.
WELFARE & SANITARY FACILITIES
Toilet facilities RM staff should have ready access to toilet facilities. Provide Workplace Regs
suitable and sufficient water closets and urinal. Facilities should OWE2
be appropriate for men and women. Facilities should be kept clean
and orderly and adequately ventilated and fit,
Supply towels or Soap and hand cleanser should also be provided for RM staff at all Workplace Reg 20
dryers, toilet times,as should toilet paper and towels or other hygeaic means of
paper, soap deying hands
Sanitary towel Provide suitably moans tor disposal of sanitary towels where toilets Wwurkplace Reg 27
disposal are used by wamen
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Washing facilities Provide suitable and sufficient washing facilities, including clear
hot and cold running water, for Royal Mail Employees. Facilities
should be provided in the immediate vicinity of water closets and
urinals. Facilities should be appropriate for men and women, Facilities
should be kept clear, orderly and adequately ventitated and lit
Drinking water A supply of wholesome drinking water whould be provided and Workjilace Reg 22
supply
be readily accessible atall times, It should be clearly marked if
appropriate. Clean drinking cups or beakers should be available
unless the supply is from a drinking fountain.
Facilities for
making tea and
coffee
Facilities for making tea and coffee should be provided and should Workplace Reg 25
be subject to routine safety tests carried out by Royal Mail.
Eating facilities Provided the mail preparation work area or kitchen is kept ina clean Workplace Reg 25
and hygienic condition, then this should adequately serve as a facility
to eat meals. There should be provision for ensuring food and
beverages are kept in a hygienic environment.
Drying (room) Provide facilities for the employees’ clothing to hang in a clean, dry, Workplace Reg 23
facilities warm, well ventilated place where it can dry out in the course of a
working day if necessary.
Individual hat
and coat pegs or
lockers
Accommodation for hanging and storage of employees’ clothing, Workplace Reg 23
should be provided; at minimum a separate hook or peg for each
worker. (it is desirable that individuals are able to secure their
belongings, so where an employee makes such a request,
space permitting, Royal Mail will provide a 3ft locker)
Safe access
Provide arrangements for safe access including swift exit in an emergency.
including
passageways
Adequate lighting Provide suitable and sufficient lighting. This should be by natural Workplace Reg 8
light so far as is reasonably practicable. Provide emergency lighting
where sudden loss of light would present a serious risk
Adequate Maintain workplace temperatures which provide reasonable comfort. — Workplace Reg 7
temperatures Use safe heating systems. Provide a thermometer in the workplace.
Rest facilities
Provide suitable and efficient facilities for rest. Workplace Reg 25
Provide suitable protection from discomfort caused by tobacco smoke.
Provide suitable and sufficient facilities to eat meals where they are
eaten regularly in the workplace.
FIRE & SECURITY ARRANGEMENTS
Fire precautions
Provide fire precautions as required by the relevant fire precautions and
regulations. Maintain fire escape minimum standards as defined by Royal Mail.
Fire fighting
equipment,
alarm system,
evacuation drills
Maintain as a minimum, one water fire extinguisher.
‘These extinguishers must be checked annually and
arrangements should be made to ensure this happens
Issue
Novernber 1995
Copyright reservedt
103 al
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APPENDIX 2
SUB-POSTMASTER SPECIFICATION
The following specification sets out the key outputs that Sub-postmasters must deliver in respect of
the undertaking of mailwork in sub post oifices. Itshould pe read in conjunction with the Royat Mail
Specification.
The phraseology uses the term “output”. This represents the achievement of an outcome for which
the Sub-postmaster is responsible. It does not necessarily mean that the Sub-postmaster has to
personally perform the task to detiver the output. For example, “RM employees briefed in
accordance with employee communication programme: does not necessarily mean that the Sub-
postmaster has to lead formal team briefing sessions. [t will mean that the Sub-postmaster will be
responsible for distributing written briefing, facilitating team briefings lead by the RM line manager,
passing on urgent messages for, the line manager to RM employees.
There are a number of outputs, particularly in the Customer and Supervision areas, which cannot be
tightly defined and where an element of discretion is needed in determining the level of Sub-
postmasters involvement. In these cases a test of reasonableness applies. In general terms, Sub-
postmasters are expected to deal with issues that can easily be resolved on the spot. But there is no
requirement for them to leave the mailwork premises to do so. In all cases where Sub-postmasters are
unable to resolve issues or believe that resolution requires additional capability, such difficulties must
be referred to the RM Line Manager.
‘The detailed local arrangements as to how each output will be achieved at each office will be set out
in the Local Specification which will be agreed between Royal Mail, POCL and the Subpostmaster.
1 SUPERVISION
-RM employees adequately supervised at all times when on mailwork premises.
(NOTE: RM employees will be deemed to be adequately supervised if all the outputs in this
specification are achieved).
-Contact point provided for RM employees based at the mailwork office at all other times when they
are on duty.
-RM employees attendance checked (ie start and where appropriate finish times) and all unforeseen
absence reported to RM line manager.
(ssue
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-Staffing failures covered at minimum cost in accordance with contingency plan difficulties referred
to RM line manager.
-Indoor operational problems resolvect where possible: difficulties ctor to RM line manager
-Pressure overtime authorised and controlled in accordance with guidance from RM line manager.
-Overtime, Scheduled Attendance’s, allowances and Door to Door records certified.
-Reasonable actions taken to ensure RM employees comply with safety and security instructions.
2 CUSTOMER ,
-Information provided to RM Customer Care when requested (where Sub-postmaster can reasonably
be expected to have access to such information.)
-Customer complaints/enquiries dealt with where resolution is possible at local office level - any
difficulties referred to RM Customer Care or RM line manager,
-Local customer requirements met in accordance with processes set out in local specification.
-Local delivery problems with customers resolved (eg dangerous dogs) where resolution is possible
at local office level and in accordance with processes set out in local specification - any difficulties
referred to RM line manager.
. Positive approach to Customer First activity in the office (but no requirement for personal
attendance for Royal Mail Customer First Activity). (
Positive approach to Royal Mail’s image in the local cornmunity.
3 OPERATIONAL TASKS
: Mail received and acknowledged
Signature and value items securely beled and processed in accordance with product
specitication
fsxue
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APPENDIX 2
Redirection instructions, special insteuctions, retention instructions issued to appropriate RM
employee
Door ty Door managed in accordance with product specification and returns made
Response service items processed in accordance with product specification
Second pouch arrangements made in accordance with local specification
Keys securely held, issued and returned
Callers facilities provided (P739, Surcharges, PO Boxes)
Uniforms, stores, forms, equipment ordered and issued
Letter box faults reported to RM line manager
MANAGEMENT INFORMATION
Attendance record completed
Work Load Assessment forms, completed by Postmen forwarded in accordance with
operational instructions.
Letter Information Systems and parcel sampling returns completed and forwarded in
accordance with operational instructions
Official Motor Vehicle mileage and fuel returns made
Drivers hours information supplied
Information provided in response to ad hoc requests subject ty levels of reasonableness
Basic staff hours records completed
Hesse
November 1995,
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APPENDIX 2
PERSONNEL
Annual leave selection managed and authorised in accordance with locat
specifications
RM conduct code followed by RM employees - any failures by RM employees to meet RM
standards referred to RM line manager
Opportunity for input to sick absence, Non - Culpable Inefficiency, conduct code, welfare
interviews for RM employees; recruitment of permanent and temporary RM employees; trial
reports and appraisals, sick reports and appraisals
RM employee grievances resolved where this is possible at local office level - any serious
grievances referred to RM line manager
RM employee questions answered if within the knowledge of the Sub-postmaster - any
difficulties referred to RM line manager or appropriate support function
Late attendance reports completed
RM employees recognised in accordance with RM policy on recognition
Accident reports completed
RM employees briefed in accordance with employee communication processes as set out in
local specification
RM employee training needs identified and where appropriate referred to RM line manager
RM employees coached and trained in accordance with processes set out in local specification
TRANSPORT
Royal Mail vehicles parked! securely in accordance with locally agreed arrangements
Fleet maintained, foelled, and cleaned in accordance with local Royal Mail procedures
Issue
Rowen 1998
107 Copyright served
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APPENDIX 2
Road Transport Act requirements met (Logbooks.Drivers hours; returns made)
Vehicle accident reports completed
Cycles and delivery aids kept securely and maintained in sale condition in accordance with
locally agreed arrangements
SAFETY
Hazard /safety checks carried out on mailwork premises
Health and Safety notices displayed
Adequate fire precautions - RM employees aware of precautions
Locally agreed disaster plan followed
First aid facilities available for use and maintained
SECURITY
Security of mail and equipment maintained in accordance with locally agreed
arrangements
Security procedures followed as per locally agreed arrangements
Security checks carried out as per locally agreed arrangements
bssue
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APPENDIX 3
ROYAL MAIL SPECIFICATION
‘The following specification represents the key outputs that Royal Mail must deliver to enable the
Subpostmaster to meet the Subpostmaster Specification. It should be read in conjunction with the
Subpostmaster Specification.
‘The phraseology uses the term “output”. This represents the achievement of an outcome for which
Royal Mail is responsible. Where further definition is required (eg type of sorting fitting, level and
detail of guidance and training) Royal Mail will determine what is necessary to achieve the Delivery
Specification and agree the details in the Local Specifications.
1
SUPERVISION
Information on RM employees, attendance times and duties provided
Contingency plan for office provided
Guidance provided to Subpostmaster ancl RM employees on completion of Overtime,
Scheduled Attendance, Allowances ancl Door to Doar records.
Local specification (agreed with Subpostmaster and POCL)
Royal Mail contact point provided to which operational difficulties can be referred
CUSTOMER
« RM Customer Care contact point provided
Guidance on meeting changes to customer requirements (unit specification)
Information on RM Customer First provided
Information on RM Mission and Values provided
sue
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APPENDIX 3
OPERATIONAL TASKS
Details of scheduled mail arrivals/tick list provided
Telephoned advice of late arrivals, or other operational changes
Guidelines and training for Subpostmaster and RM employees provided for all RM products
Second pouch arrangements specified
Key security system specified
Instructions provided for the ordering of uniforms, store, forms, equipment
MANAGEMENT INFORMATION
Guidance provided on how Postmen complete Work Load Assessment forms
Guidance provided on completion of Letter Information Systems/ parcel sampling returns
Guidance provided on completion of Official Motor Vehicle mileage and fuel returns
Guidance provided on Drivers hours information
Guidance provided on quality checks to be made
“RM contact point provided for all pieces of management information
PERSONNEL
Resourcing plan provided (annual leave)
Royal Mail conduct code made available and appropriate action taken by Royal Mail to
ensure conduct code is followed
Issue
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APPENDIX 3
Opportunity given to Subpostmaster to input relevant information regarding RM employees
in cases of Non - Culpable Inefficiency, welfare, sick absence, trial reports, retention,
appraisals
Opportunity given to Subpostmasters to attend selection interviews for RM employees at the
mailwork office
Opportunity given to Subpostmasters to attend at long service awards /retirement functions
RM contact points provided for all relevant Personnel issues relating to RM employees
Guidance providedon completion of accident reports
RM recognition policy communicated
Guidance provided on training for RM employees (training plans)
Communications plan for RM employees in mailwork office provided
TRANSPORT
Agreed arrangements specified for secure parking of vehicles
Arrangements for maintainence, fuelling and cleaning of fleet specified
Guidance provided on Road Transport Act requirements
Guidance pravided on completion of Vehicle Accident reports
Arrangements for secure keeping and maintainance of cycles and delivery aids specified
SAFETY
Safety instructions provided
Disaster plan specified
First aid training prowicted to postmen in line with legal Health and Safety requirements
Ica
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APPENDIX 3
SECURITY
Security instructions provided
Security measures specified
FACILITIES
Sorting fittings, stores cupboards/cabinets, soap /towels, toilet paper, fire fighting
equipment, first aid equipment provided
issue
Novernter 1995,
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APPENDIX 4
PAYMENT ON WITHDRAWAL OF MAILWORK
Where the whole or part of either category of Mailwork carried out at a sub-office is withdrawn by
Royal Mail or Royal Mail Parcelforce, the Subpostmaster will receive a lump sum, an amount
equivalent to 1.5 times the consequential annual reduction in pay. The reduction in pay should take
effect from the date of the withdrawal of the work.
Where appropriate, the payment should take account of all regular payments including the effect of
any reduction in the 3% addition paid for minor items of work which attract no specific payment.
Regular and intermittent allowances should also be included in calculating the amount due,
If the withdrawal of Mailwork happens in stages, the Subpostmaster should receive a lump sum in.
respect of the reduction on each occasion. In cases where there is simultaneous loss and gain of
Mailwork the lump sum payment should be calculated on any nett loss.
Payments should not be made where the change is due to variations in traffic.
At least three months’ notice, or payment in lieu of three months’ notice will be paid on withdrawal
of Mailwork, except in those cases where the Subpostmaster’s contract is summarily terminated or
where he resigns to avoid summary termination.
Payment for the loss of Mailwork will not be made where work is withdrawn at=
1. the request of the Subpostmaster;
2. the time of summary termination or resignation to avoid summary termination;
3. a minimum payment office which is already paid for more work than it carries out.
The annual revision date will be unaffected by withdrawal of Mailwork.
END
13 HA pvr coset
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A
MAILWORK INDEX
ACCOMODATION
MAILWORK
ALLOWANCES
MAILWORK WITHDRAWAL
ANNUAL REVISION
ATTENDANCE
AT SUB-OFFICE
c
98
113
113
99
CONTRACT
MAILWORK
POST OFFICE OBLIGATIONS
TERMINATION
COUNTER NEWS
98
100
113
100
MAILWORK
N
98, 99, 113
NATIONAL FEDERATION OF SUB-POSTMASTERS
CONDITIONS OF SERVICE
MAILWORK AGREEMENTS
MAILWORK CHANGES.
MAILWORK REMUNERATION
i}
100
99
100
100
PARCELFORCE
POSTAL INSTRUCTIONS,
R
113
100
REMUNERATION
ROYAL MAIL.
ROYAL MAIL DISTRICT OFFICE.
T
100
113
99
TRAINING
100
114
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A Cc
ABNORMAL CHANGE IN BUSINESS 9 _ CALL UNIT ALLOWANCE 91
ARSENCE POR JURY SERVICE 15 CANVASS 10, 80
‘ABSENCK ON HOLIDAY 15 ‘CARELESSNESS 49
ABSENCE ON TERRITORIAL TRAINING 15 CASH ANDSTOCK 48
ACCOMMODATION CERTIFICATE OF AGE CONTRIBUTION 36
‘ALTERATIONS TOA . INSURANCESTATUS 38
MAILWORK 98 (CHANGES IN NATIONAL I (ANCE STATUS.
PROVISION OF 1,53 CHRISTMAS AND NEW YEAR 19,59
RESIDENTIAL 55 CLAIMS FOR REIMBURSEMENT 17,
ADVERTISEMENTS 56 CLASSES OF WORK 2
ADVERTSING OF HOLIDAYS 59 COMMUNITY CHARGE 3
ALLOWANCE DOCKETS 48 COMPENSATION 2
ALLOWANCES CONTRACT
ALTERATION OF ACCOMMODATION 54 a
CASH ALLOWANCES, 6 CHANGES AND AMENDMENTS 4
HOLIDAY SUBSTITUTION ALLOWANCE 16,17 DETERMINATION 2
RESERVE 20 MAILWORK 98
JURY SERVICE SUBSTITUTION 22 POST OFFICE OBLIGATIONS 100
MAILWORK WITHDRAWAL 105, ‘TERMINATION 105
‘SICK ABSENCE SUBSTITUTION ALLOWANCE 23, NON-COMPLIANCE WITH RULES 81,
4, 5 NON-OBSERVANCE OF RULES 82
STATUTORY SICK PAY 26 PENALTIES 95
‘TELEPHONE CALL UNIT ALLOWANCE 91 PERSONAL SERVICE AT COUNTER 15.
MAILWORK 92 PRIVATE BUSINESS ACTIVITIES 77 {
(MULTIPLIERS 92 SHORT CONTRACT WORKERS 29 iN
VAT 9S ‘STATUS1
ANNUAL LEAVE2 STATUTORY SICK PAY 27
st TERMINATION
ANNUAL REVISION 6,7, 105 APPEALS AGAINST 82
ANNUITIES 3 AS A RESULT OF DISHONESTY 3
INULMENT: ‘AS A RESULT OF FALSIFICATION 97
ANN haa FORFEITED REMUNERATION 84
APPEALS 82 ‘GUARANTEED MINIMUM PENSION 39
APPEALS AUTHORITY 82 MISUSE OF POCL CASHLAT
AREA DELIVERY MANAGER 102 CONTRACTING OUT OF SERPS35
ARMY 20 CONTROLLING CROWN OFFICE 92
ARREARS OF REMUNERATION 8,37 CONVICTION 83
ARREST 83 ‘CORRESPONDENCE WITH THE PUBLIC 67
ASSISTANTS 61 COUNTER NEWS 4,6, 16,23, 101
AGE LIMIT 61 COUNTS OF ITEMS FOR REVIBION 10
CONDITIONS OF SERVICE 61
DISHONESTY 63 CRIMINAL CONDUCT 84
buries 3 CRIMINAL INTENT 85
LEGAL OBLIGATIONS 61
sae ‘CUSTOMER CHARTER 94
OFFICIAL SECRETS ACT 65 CUSTOMER FIRST 94
PERSONAL DECLARATION 63, 65, 66
POLITICAL ACTIVETTES 79
PROVISION OF I D
RECRUITMENT 62
REGISTRATION 63 DATESTAMPS 48
SECURITY 48 DEATH OF SUBPOSTMASTERS 37
STATUS 61 DEPARTMENT OF SOCIAL SECURITY 32
artenpane NS ot DESPATCH OF ACCOUNTS 19
‘ATSUBOFFICED DISHONESTY 85
FORCES RESERVE 20 DIVORCE 38
HOURS OF 1
INVESTIGATION DIVISION INTERVIEWS 67 DUAL EMPLOYMENT 32
JURY SERVICE 22 DUTIES 3
MAILWORK 14
SUBPOSTMASTERS OBLIGATION 1
‘TRAINING 94 E
PAYMENT
UNITCREDASs ERROR 49
EVIDENCE OF SICKNESS 31
B EXTENDED HOURS 59
BANK HOLIDAYS59
BETTING 78°
BELINGUALSIGN'SS
BORROWING AND LENDING MONEY 80
BRITISH TELECOM 92,
BURGLARY 49
B3/1.1/114
£
INDEX
N
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FILLING AND CLEARING OF STAMP-SELLING MACUINES 4
FINANCIAL PENALTIES 95
FORM P13 63.65.66
FORM P2340 AND P2340(A) 18,20,25
FORM P250 62
FORM P2639 19
FORM P301 65,66
FORM P45 34
FORM RD9S0 37
FORM SSPI 31,32
FRAUD 50
FRIENDS AT INVESTIGATION INTERVIEWS 86
NATIONAL FEDERATION OF SUB-POSTMASTERS 81
ASSISTANCE WITH APPEALS 82
CONDITIONS OF SERVICE 4,101
INVESTIGATION DIVISION INTERVIEWS 87
MAILWORK AGREEMENTS 99
MAILWORK CHANGES 100
MAILWORK REMUNERATION 100
OPERATIONAL INSTRUCTIONS 4
PRIVATH BUSINESS 80
‘SPOKESMEN 67
STATUTORY SICK PAY 27
SUBSTITUTION 17
UNIT CREDITS, CHANGES TO 5
G NATIONAL INSURANCE 3,34
NATIONAL LOTTERY 77
GAMBLING 78 NBGLIGENCE 49
GIROBANK 3 NBW CLASS OF BUSINESS 9
GOVERNMENT STOCK 3
Bie
NHS MATERNITY GRANT 24
NOTICE 33
NOTICES 54
HEALTH AND SAPETY AT WORKACT 1974 56
HOLIDAY SUBSTITUTION SCHEME 37
HOURS OF OPENING 58
HOUSING BENEFIT 26
NOTIFICATION OF SICKNESS 31
2.
OCCUPATIONAL PENSIONS BOARD 35
OFFICES, SHOPS AND RAILWAYS ACT 1963 56
OFFICIAL INFORMATION 65
ILLEGAI, BUSINESS 57
ILLNESS 23,
IMMORALITY 83
INCOME TAX 26,34
INDUCEMENT TO ACT CONTRARY TO RULES 84
INVALIDITY BENEFIT 29
INVESTIGATION DIVISION 83,85,86,88
L
OFFICIAL SECRETS ACT 65
OPERATIONAL RULES 3
OUTDOOR POSTAL WORK 64
OVERPAYMENTS 18
OVERSEAS PARCELS 3
a
PAID VOUCHERS 48
PARCELFORCE 102,105
JURY SERVICE 22
L
PENSION 2
PENSION ALLOWANCES 3
PERIOD OF INCAPACITY 27
PERSONAL CONDUCT 83
POD a4
LEAFLET NI217 34
LEAFLET N192 39
LEAFLET NPIS 35
LEGAL CUSTODY 27,30
LEGAL PROCERDINGS 68
LETTER BOX $3
LOCAL HOLIDAYS 59
LOCAL TAXATION LICENCES 3
LOSSES 49,50
LOTTERIES 78
M.
POLICE 49
POLITICAL ACTIVITIES 79
POST OFFICE AND TELEGRAPH ACTS 65
POST OPFICE BUSINESS 3
POST OFFICE DISCIPLINE CODE 100
POST OFFICE STAFR SUPERANNUATION SCHEME 35
POST OFFICE STOCK 47
POSTAL [NSTRUCTIONS 3,101
POSTAL ORDERS 3,48
POSTAL PACKETS 77
PREGNANCY 30
PREMISES 53
PREMIUM SAVINGS BONDS 3
MAILS 3
MAILWORK 2,3,56,92,98-114
MARRIAGE 38
MEDICAL CERTIFICATE 24
MIMIMUM PAYMENT 5
MINIMUM PAYMENT SUB-OFFICES 9
PREPERATION OF CASH ACCOUNTS 19
PRIVATE BUSINESS 56
PROSECUTION 47
PUBLIC RELATIONS DEPARTMENT 66
PUBLICATION OF OFFICIAL INFORMATION 67
PUBLICITY 54
116
B3/1.1/115)
INDEX
Q r
QUALITY OF SERVICE 103 ‘TELEPHONE ACCOUNTSS:
QUALITY STANDARDS 94 ‘TELEPHONE FACILITIES 90
‘TELEVISION LICENCES 3
R TEMPORARY CLOSURES
TENANCY 83
RE-MARRIAGE 38 THAT 49,85
REDEEMED SAVINGS STAMPS 97 TRADEROBPUTESO
REDUCED RATE NI CONTRIBUTIONS 36 RAINING 100
REGIONAL GENERAL MANAGER 4, 9, 24, 28,33,24,39,
47, 48,49, 50, 54, 58, 62, 64, 66, 68,81, 84,
REGIONAL GENERAL MANAGERS 19, 23, 55,59
REGIONAL GENERAL MANGER 31
REHABILITATION OF OFFENDERS ACT 1974 62,
‘REIMBURSEMENT 16, 18, 24,90
REMUNERATION 2, 5, 100
REMUNERATION REVISIONS 5, 9
RESIGNATION 2,23
RESTRICTIONS 76
RETATL NETWORK MANAGER 50, 81
RETIREMENT 33,38
ROYAL AIR FORCE 21
ROYAL MAIL 105
ROYAL MAIL DISTRICT OFFICE 99, 102
ROYAL MAILSTAFF 102
ROYAL NAVY 24
S
SAFETY, 104
SALE OF POSTAGESTAMIS 3
SAVING CERTIFICATES 3
SAVINGS BANK 3
‘SAVINGS STAMPS 3
SCALE PAYMENT 6, 37
SEARCHES 88
SEASON SUB-OFFICES 9
SECURITY 47, 48, 5d, $7, 104
SECURITY SCREEN 53
SEVERE DISABLEMENT ALLOWANCE 29
SHORT CONTRACT WORKERS 29
SICK ABSENCE SCHEME 18
SICK ABSENCE SUBSTITUTION 37
SICK ABSENCE SUBSTITUTION ALLOWANCE 73
SICK LEAVE2
SICKNESS BENEFIT 24, 26,29
SOCIAL SECURITY 26
SOCIAL SECURITY ACT 1975 35
STANDARD HOURS 58
STANDING FOR PARLIAMENT 79
STATE MATERNITY ALLOW ANCE 29
STATE PENSION AGE28
STATUTORYSICK PAY 26
SUB-OFFICE CASH AND STOCK 47
SUBPOSTMASTER'SSTATUS 26
SUBPOSTMISTRERS 1, 24,30
SUBSTITUTION 15, 94
SURPLUSES 49
SUSPENSION 38, 83
SUSPENSION OF HUSINESS &
nz
‘TREATMENT OF POSTAL PACKETS, 3
U
UNEMPLOYMENT BENEFIT 29
UNITSCALE6
‘USE OF POST OFFICE NAME 79
Vv
VACANCY NOTICE 2
VOUCHERS FOR PAYMENTS 48
Ww
WAITING TIMES 94
WIDOW'S BENEEIF 36
WIDOWHOOD 38
WITHDRAWAL OF SERVICES 2
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IN THE HIGH COURT OF JUSTICE Claim No. HO16XO1238
QUEEN’S BENCH DIVISION
BETWEEN:
ALAN BATES & OTHERS
Claimants
-and —
POST OFFICE LIMITED
Defendants
APPENDIX B - TEMPORARY SUBPOSTMASTER
CONTRACT
(all redactions relate to claimant-specific information)
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Your Copy
14
TEMPORARY SUBPOSTMASTER CONTRACT
AT POST OFFICE@, aD
1. Definitions
“Branch” means the Post Office® branch specified above located at the Premises,
“Temporary Subpostmaster” 1c
Ce]
"Premises" means the premises Jill
“Post Office Ltd” means Post Office Limited, registered office 148 Old Street London
EC1V 9HQ
“Services” means those of the products and services described in clause 2.3 below that
Post Office Ltd requires from time to time to be made available at the Branch and all
ancillary activities required by Post Office Ltd to be carried out in relation to the proper
and efficient operation of the Branch as a Post Office® outlet.
“Letter of Appointment” means the attached letter of appointment dated QB 202.0
issued by Post Office Ltd to the Temporary Subpostmaster.
Any references in this Contract to subpostmasters include references to temporary
subpostmasters unless otherwise stated or implied from the context. The singular
includes the plural and the masculine includes the feminine and vice versa.
2, Status, Commencement and Termination
24 This Contract is a temporary contract for services between Post Office Ltd and the
Temporary Subpostmaster and consequently, the Temporary Subpostmaster is an agent
and not an employee of Post Office Ltd,
2.2 The Temporary Subpostmaster is appointed:to provide the Services at the Branch with
effect from the date specified in clause 2.4 below for the duration of this Contract.
2.3 The principal classes of products and services provided at Post Office® branches are:
i) Letter, parcels and packages services of any kind and related services;
(il) Services for the payment of bills, collection of payment or collection of
revenue;
(ili) National Lottery products
(iv) Banking services, including bureau de change;
(v) Financial services;
(vi) National Savings and Investment products;
(vil) Money transfer services;
(vill) Postal orders;
(ix) Savings stamps; ‘
Leet]
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ose RRM cone
{x) Benefits’ distribution and Government services; I
(xi) Motor vehicle and driver licensing services and other motorist services; I
(xii) Telephony products and services; and
(xiii) Travel ticketing and travel passes. 1
Post Office Ltd shall in its absolute discretion decide which of the products.and services
listed above are to be made available by the Termporary Subpostmaster from time to
time at the Branch and will notify the Temporary Subpostmaster accordingly through the
configuration of the Horizon terminal at the Branch.
Post Office Ltd reserves the right to amend the list set out above from time to timé on
giving the Temporary Subpostmaster written notice.
24 This Contract will commence oni) 20:10 and will continue thereafter until the
expiry of not less than 7 days’ written notice to terminate, which may given by either C
party to the other at any time, subject to Post Office Ltd's rights of summary termination ¢
as set out in clause 2.5 below, .
2.5 Post Office Ltd may terminate this Contract immediately on giving the Temporary
Subpostmaster written notice in the event that the Temporary Subpostmaster commits
any breach of this Contract or commits an act of bankruptcy or in the event that, as a
result of any security checks carried out by Post Office Ltd, or any references taken up
by Post Office Ltd, it is not satisfied that the Temporary Subpostmaster meets the
standards required of a subpostmaster.
2.6 The Temporary Subpostmaster is not entitled to any of the following from Post Office
Ltd;
* compensation for loss of office;
* — apension;
* reimbursement of any sick or holiday substitution costs
27 The Temporary Subpostmaster is not obliged to attend the Branch personally but he is
required, whether he is there or not, to accept full responsibility for the proper running ¢ i
of the Branch and the efficient performance of the Services in accordance with any (
standards required by Post Office Ltd and notified to him from time to time.
3.Payments
3.4 The basis of remuneration for the Branch is set out in the Letter of Appointment. If the
basis of remuneration Is specified in the Letter of Appointment to be Traffic Related Pay,
the actual rates of pay for each item of business transacted are set out in the relevant
Subpostmasters Remuneration Booklet as issued and/or amended by Post Office Ltd
from time to time. A copy of the relevant booklet is attached to the Letter of
Appointment.
3.2 If itis deemed necessary at anytime to alter the Services, to withdraw any part of the
business conducted at the Branch, or to introduce an alternative method of payment, the
Temporary Subpostmaster has no claim to compensation for any disappointment that
may result from the change.
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4a
42
43
4A
45
54
5.2
64
6.2
6.3
64
4, Premises/Legislation
The Temporary Subpostmaster must provide and maintain, at his own expense, such
reasonable office accommodation at the Premises as Post Office Ltd may require and is
responsible for maintaining reasonable security at the Premises,
Post Office Ltd is under no obligation whatsoever to reimburse the Temporary
Subpostmaster for any expenditure incurred on rent, rates, other outgoings or for
improvements of either the Premises or its fixtures and fittings for any purpose.
The Temporary Subpostmaster is responsible for complying with all applicable legislation
in relation to the Premises and the Services (including without limitation, Health and
Safety at Work Act 1974, Disability Discrimination Act 1995, Data Protaction Act 1998),
The Temporary Subpostmaster is responsible for all insurances relating to the Premises
and the operation of the Branch, including any required by law.
The Temporary Subpostmaster must allow representatives of Post Office Ltd access to
the Branch at all times, on production of correct identification.
5. Assistants
The Temporary Subpostmaster must provide and train at his own expense, suitable
assistants needed to provide the Services and must comply with all statutory obligations
placed on an employer.
The Temporary Subpostmaster must comply with the provisions of Appendix 4 to this
Contract In relation to assistants and prospective assistants. However, a Temporary
Subpostmaster continuing the employment of assistants engaged by the previous
subpostmaster at the Branch will not be required to comply with those provisions of
Appendix 4 that relate to the selection and recruitment of those assistants,
Nevertheless, the Temporary Subpostmaster will be responsible for the management
and control of all assistants in the Branch and, if required by Post Office Ltd, must
furnish details of these assistants to it,
6, Responsibility for Cash, Stock etc
The Temporary Subpostmaster is strictly responsible for the safe custody of all Post
Office Ltd property, including (but not limited to) cash, stock of ail kinds and papers and
documents, whether held by himself or by his assistants. He is expressly forbidden to
make use of the cash balance due to Post Office Ltd for any purpose other than the
requirements of the Services and he must on no account apply to his own private use,
for however short a period, any portion of the official funds entrusted to him.
Deficiencies due to any losses of cash or stock must be made good by the Temporary
Subpostmaster without delay.
Ifa theft or burglary Is committed or attempted at the Branch (whether or not Branch
cash or stock is stolen) the facts must be reported to the Police and to Post Office Ltd by
the person who first makes the discovery,
If the Temporary Subpostmaster considers that any stock item has been accidentally lost
_ or stolen he should make a report as quickly as possible to Post Office Ltd.
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65 The responsibility of the Temporary Subpostmaster for cash and stock will continue after
termination of this Contract in respect of losses, gains, errors, acts or omissions
occurring during his appointment.
6.6 The Temporary Subpostmaster must comply with any instructions Issued by Post Office
Ltd from time to time, including without limitation those contained in the Counter
regard to the running of the Branch, the performance of the
Operations Manual with
Services, etc.
67 Canvassing (with the object of diverting business from another branch ), or any practice
having this effect, is forbidden.
68 The minimum hours during which the Branch must be open for the provision of the Post
Office® products and services referred to in clause 2.3 are: -
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
(These hours may be varied from time to time by notice in writing form Post Office Ltd.)
7. Private Business Activities on the Premises
7A The Temporary Subpostmaster must comply with the provisions of Appendix 2.
0830-1730
0830-1730
0830-1730
* 0830-1730
0830-1730
0900-1600
8, Holiday Substitution Allowance
8.4 The Temporary Subpostmaster is not entitled to reimbursement of Holiday Substitution
Allowance, due to the temporary nature of this appointment,
9, Consequences of Termination
In the event of termination of this Contract;
(i) any successor to the private business and/or Premises will have no claim to the post
of subpostmaster, the filling of which is a matter entirely for Post Office Ltd; and (ii) the
Temporary Subpostmaster must display a vacancy notice in the window of the Branch ,
if so required by Post Office Ltd.
I acknowledge receipt of, understand and accept the Temporary Subpostmaster Contract, the Letter
of Appointment and all the appendices and documents referred to in the Contract and/or the Letter
of Appointment,
Signed by
(Temporary Subpostmaster) °
On (date):
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Temporary Subpostmaster Contract
Appendix 1.
ASSISTANTS
4. INTRODUCTION
Post Office Ltd must comply with certain obligations in relation to the Post Office® business,
including those of; Postcomm, Ofcom and Financial Services Authority regulations, and money
laundering and immigration legislation. Some of these obligations require Post Office Ltd to
ensure that its Subpostmasters (and any persons employed or engaged by Subpostmasters on
Post Office® business) are made aware of, and know how to comply with, the terms of such
regulations and legislation. These requirements have been set out in this appendix to the
Temporary Subpostmasters Terms & Conditions. The obligations placed upon Subpostmasters
are the minimum necessary to ensure that both Post Office Ltd and Subpostimasters are
compliant with the regulations and legislation mentioned above, and are, in the main, what
most Subpostmasters, as responsible employers, should be doing anyway, The objectives of
these obligations are:
e to ensure that Post Office Ltd complies with the relevant regulations and legislation,
and
* to ensure as far as possible that Subpostmasters do so too, and that no Subpostmaster
suffers from the consequences of failure to so comply. (This is very important, as
those consequences can include criminal prosecution.)
Subpostmasters have a duty to ensure that they are aware and that they make their staff
aware, of the obligations set out in these Terms & Conditions.
2. GENERAL
A Subpostmaster must provide, at his own expense, any suitable assistants with the relevant
skills which he may need to carry out the Post Office® work in his sub Post Office® branch
~ ("Assistants"),
Assistants are employees of the Subpostmaster, and the Subpostmaster will consequently be
held wholly responsible for any failure, on the part of his Assistants, to:
a. apply Post Office® rules or instructions as required by Post Office Ltd;
b. complete any training necessary in order to properly provide Post Office®
Services; and
c. comply with the obligations set out below.
The Subpostmaster will also be required to make good any deficiency of cash or stock which
may result from his Assistants’ actions or inactions.
3. This Appendix contains the obligations which the Subpostmaster has to fulfil in relation to
the recruitment and employment of each of his Assistants (which includes any members of
his own family), Where the Subpostmaster fails to comply with any of these terms, he may
be deemed to be in breach of his Contract which will then be liable to termination. The
obligations in this Appendix are additional to the Subpostmaster’s responsibility, as the
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employer of his Assistants, to comply with the provisions of any legislation and regulations
that impose obligations on employers, providers of postal services and financial services, or
sellers of insurance or communications products,
4, The Subpostmaster must establish and maintain a recruitment file for each Assistant. In
order to meet its legal obligations regarding monitoring of compliance, Post Office Ltd wilt
be entitled to inspect such recruitment files from time to time upon giving the
Subpostmaster reasonable written notice that they should be made available for such
inspection, The recruitment file should include, in the format of the Recruitment Checklist at
Annex C to this Appendix, a comprehensive record of all checks carried out in relation to the
recruitment, selection and employment of any person applying to him for employment as
an Assistant (defined in the Temporary Contract as the “Applicant’),
4, The Subpostmaster Is responsible for carrying out-all necessary checks in order to satisfy
himself as to the honesty, integrity and suitability of any Applicant. He must also take
certain steps, as set out below, in order to satisfy himself as to:
(i) the right to work in the UK;
(ii) the identity and permanent National Insurance number; and
(ili) the address,
of any Applicant.
2. Proof of Right to Work In the UK
The following procedures are necessary to meet the requirements of immigration
legislation:
Step 1
The Subpostmaster will need to ask all Applicants to provide documentation that satisfies the
criteria listed at Annex 8 to this Appendix.
Step 2
The Subpostmaster must satisfy himself that the Applicant is the rightful holder of any of the
documents he presents,
The Subpostmaster must carry out the following reasonable steps when checking any
documents presented by an Applicant:
a)
b)
(o)
d)
e)
check any photographs, where provided, to ensure that they are consistent
with the appearance of the Applicant;
check that the dates of birth listed are consistent with each other and with the
appearance of the Applicant;
check that the expiry dates are valid and the documents are still live;
check any United Kingdom Government stamps or endorsements to see if the
Applicant is able to do the type of work he is offering;
if the Applicant gives you, from List 2 of Annex B, two documents that have
different names for the Applicant, you should ask him for a further docurnent
to explain the reason for this. (The further document*could be a marriage
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certificate, divorce document, deed poll, adoption certificate or statutory
declaration.)
Step 3
The Subpostmaster should make a photocopy of the following parts of all the documents shown
to him for retention in the recruitment file:
f) the front cover and all of the pages which give the Applicant's personal details.
In particular, the Subpostmaster should copy: (i) the page with the photograph,
and (ii) the page which shows the Applicant's signature; and
9) any page containing a United Kingdom Government stamp or endorsement
that permits the Applicant to do the type of work the Subpostmaster is
offering.
If it is not possible to make the necessary photocopies at the time, the documents should be
retained, copied at the earliest possible opportunity and returned to the Applicant,
Step 4
List in the Applicant's recruitment file all documents seen and copied on. steps 1-3 above (e.g,
‘UK Passport - Number 12345678; or ‘Full birth certificate and a P60 dated 14 April 2005"),
3. Proof of Permanent National insurance Number
Unless already provided and photocopied, as part of an Applicant's documentation proving his
Right to Work in the UK, the Subpostmaster will need to see a document giving the Applicant's
permanent National Insurance Number and name. This could be a; P45, P60, National
Insurance card, or a letter fromm a’ Government agency,
The Subpostmaster must then list in the Applicant's recruitment file the document seen (there
is no need to photocopy the document if it is provided solely for proving the Ni number),
For the small number of Applicants who are unable to supply a permanent National insurance
number, they should be asked to explain why, the reason should be noted and the
Subpostmaster should consider carefully whether to proceed with the application. Applicants
with a genuine reason for being unable to supply a permanent National Insurance number
(such as Applicants from outside the UK) should be advised that they would need to obtain one
from the relevant authorities prior to being appointed. .
4, Proof of Address
The Subpostmaster must see at least one of the following items showing the Applicant's name
and current address:
a) Driving Licence
b) Recent Paid Gas or Electricity Bill
o) Recent Paid Telephone Bill (not mobile)
d) Recent Paid Council Tax Bill
e) Recent Paid Water Bill
f) Recent TV Licence
9) Recent Bank Statement, must be supported by a credit/debit card
(In relation to the above “Recent” means no more than 3 months old.)
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The Subpostmaster must then list in the Applicant's recruitment file the details of the document
seen (there is no need to photocopy the ‘proof of address’ document).
The Subpostmaster must ensure that all recruitment files for successful Applicants have been
correctly annotated and the associated photocopies have been included to provide proof of an
Applicant's right to work in the UK. There should be no missing Photocopies, Incorrect
combinations of documents or incomplete tick lists,
The Subpostmaster must not confirm an Applicant’s appointment until the criteria have been
met and the registration process outlined below has been completed,
It is the Subpostmaster’s responsibility to ascertain that all documentation supplied by the
Applicant satisfies the criteria,
5. References
At the recruitment stage, the Subpostrnaster will need to obtain at least 2 references (which
must be independent of the Applicant and of each other) in respect of the Applicant. ¢ C
6. Work History
The Subpostmaster must obtain a work history from each Applicant for the immediately
preceding 5 year's (unless the. period in which each Applicant has worked can be proved to be
less than 5 years, in which case the work history of the full period must be obtained). It is the
Subpostmaster’s responsibility to assure himself of the validity and accuracy of the details
provided by the Applicant. (Measures to achieve this could include questioning at interview, and
the seeking of references from previous employers).
7. Honesty, Integrity and Suitability
The Subpostmaster must seek information from each Applicant about any unspent convictions, ,
including conditional discharges, for any offence in a Court of Law (including a Youth Court or ¢
Court Martial) or any caution, reprimand or warning, The Subpostmaster must also seek
information from each Applicant about any pending criminal proceedings in which the Applicant
might be involved. The Subpostmaster must also seek information from each Applicant about
mis~selling of any product or service or lack of integrity in any form of employment involving
selling.
om
In order to help prevent the employment of unsuitable or dishonest persons on Post Office®
work, the Subpostmaster must, before the Applicant begins employment with the
Subpostmaster, complete the registration process detailed at 9 below. Under no
circumstances must the Subpostmaster employ an Assistant before the Registration Process is
completed and the Subpostmaster has received clearance from Post Office Ltd to employ that
Assistant. All Assistants must be registered, including members of the Subpostmaster’s family
who may only occasionally work in the Post Office® branch, Holiday reliefs also need to be
registered,
8, The Registration Process
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To register an Applicant as an Assistant the Subpostmaster must complete forms P250 and
P13. The text of form P250 is at Appendix 4 to this Section 15, The text of form P13 is at
Appendix 1 to Section 16. In addition the Applicant must complete and sign a Security Checks
Consent Form, The Subpostmaster may obtain these forms from Post Office Ltd.
Form P250. The Subpostmaster must complete and sign Section 4; the Applicant must
complete and sign Section 2. The Subpostmaster must then submit the completed form to
the address indicated on it.
The Subpostmaster must ensure that any details referred to in paragraphs 4.11.1 above
and 4.44.5 below about the Applicant ("Relevant Information”) which have come to his
attention are honestly recorded on the form. This will enable Post Office Ltd to conduct its
own checks into the background of the Applicant.
Security Checks Consent Form. The Applicant must complete this form in his own
handwriting and sign and date it, The Subpostmaster must check that form is complete
and legible and that the personal details shown on it match those entered on the P250.
The completed form should be sent with the competed P250 to the address shown on the
P250.
Form P13, if the Subpostmaster is satisfied that the identity, character, history and
suitability of any Applicant will not cause him to breach any of the obligations in this
Contract he must require that the Applicant makes a personal declaration on form P13
prior to commencing work in the Post Office® branch. Two copies of this form must be
completed, one of which must be kept by the Applicant, and the other should be sent, with
the completed P250 and the completed Security Checks Consent Form, to the return
address on the P250. Both the Subpostmaster and the Applicant must sign the P13.
Pre-employment checks will be carried out upon receipt by Post Office Ltd of the relevant
forms, which should be fully and legibly completed. (These checks can take up to seven
working days.)
The Subpostmaster will then be informed whether or not he may employ the Applicant as an
Assistant.
Where Post Office Ltd has good reason to believe that it would not be in its best interests for a
particular Applicant to be engaged upon Post Office® business or to have access to any part of
the Post Office® branch it will be entitled to require the Subpostmaster to refrain from
employing that Applicant on Post Office® business if not already employed, or to ensure that
the Applicant is not further employed on Post Office® business if already employed. if after
such a requirement has been reasonably made by Post Office Ltd the Subpostmaster continues
to employ such Applicant he may be deemed to be in breach of his Contract as referred to in
paragraph 3 above,
If details of-any offences committed by the Applicant relating to:
(i) the delivery or handling of mail, post or packets; or
(ii) theft or the obtaining of property by deception or fraud; or
(iii) mis-selling of any product or service; or
{iv) lack of integrity in any form of employment involving selling; or
v) dishonest conduct of any kind,
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come to Post Office Ltd’s attention by any means and Post Office Ltd notifies this fact to the
Subpostmaster the Applicant will not until further notice be eligible to work on Post Office®
business or any business concerning Royal Mail Group plc and the provisions of paragraph
4.11.4 above will apply.
9. Age
As a general guide no person under 16 years of age should be employed on Post Office® work,
or have access to Postal Packets, However where there is no reasonable alternative to the part-
time employment of an Assistant under 16 years of age, such employment is allowed subject to
the following conditions:
no person under the age of 14 years may be employed in any capacity;
e the Assistant, even if a family member, must be fully registered with Post Office Ltd in
accordance with the provisions of this Section 15; and .
e the Subpostmaster must comply with all relevent legislation affecting the employment
of young persons and children,
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ANNEX B
01
UK ~ le D ents
The Applicant must produce e/ther any one of the documents shown below in List 4 or two
documents from elther of the combinations shown in List 2.
LisT2
LIST 4
A passport showing that the holder is a British citizen, or has a right of abode in the United
Kingdom.
A document showing that the holder is a national of a European Economic Area country
(ie. Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany,
Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Maita,
Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, The Netherlands, United
Kingdom) or Switzerland. This must be a national passport or national identity card. (See
note * below).
A residence permit issued by the Home Office to a national from a European Economic
Area country or Switzerland, (See note * below),
A passport or other document issued by the Home Office which has an United Kingdom
Government or Home Office stamp or endorsement stating that the holder has a current
right of residence in the United Kingdom as the family member of a national from a
European Economic Area country or Switzerland who Is.resident in the United Kingdom.
(See note * below).
A passport or other travel document with a United Kingdom Government or Home Office
stamp or endorsement to show that the holder can stay indefinitely in the United Kingdom,
or has no time limit on their stay. (See note * below).
A passport or other travel document with a United Kingdom Government or Home Office
stamp or endorsement to show that the holder can stay in the United Kingdom; and that
this stamp or endorsement allows the holder to do the type of work you are offering if they
do not have a work permit, (See note * below).
An Application Registration Card issued by the Home Office to an asylum seeker stating that
the holder is permitted to take employment,
(*Nationals from certain states within the European Economic Area (contact the Home
Office, on 0845 010 6677, for details) must register with the Home Office within one
month of starting employment; you must advise them to register, and you will need to
provide them with evidence of employment (e.g. a Contract or letter) in order to do so.
Once the Home Office registers your employee you should keep the registration certificate
they send to you. It is a criminal offence not to register an appropriate employee),
FIRST COMBINATION
A. A document giving the person's permanent National Insurance Number and name, This could be
a: P45, P60, National Insurance card, or a letter from a Government agency.
Along with one of the following documents listed in sections B-H below:
B. A full birth certificate issued in the United Kingdom, which includes the names of the holder's
parents; OR
C. a birth certificate issued in the Channel Islands, the Isle of Man or Ireland; OR
D. a certificate of registration or naturalization stating that the holder is a British citizen; OR
E. a letter issued by the Home Office to the holder which indicates that the person named in it can
stay indefinitely in the United Kingdom, or has no time limit on their stay; OR
DOCUMENT 7
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Annex C
Assistant Recruitment Checklist
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Applicant's Full Name L
Applicant's National Insurance Number I
Activity Yes/No Document details: [where
applicable]
(a)_I Atleast 2 references obtained?
(b)__I Evidence of identity seen? :
(c) I Evidence of permanent NI Number seen and [Note details}
any necessary photocopies taken and retained
in the Applicant's recruitment file?
(4) I Evidence of address seen? {Note details]
(e) I Evidence of right to work in UK seen and all
necessary photocopies taken and retained
(including Home Office registration application if
applicable) in the Applicant's recruitment file?
(f) I Has the 5 year work history been seen and
verified if necessary?
(g)_ I Has the Applicant ever been found guilty
(including conditional discharges) of any offence
in a court of law (including a Youth Court or
Court Martial)?
(h) I If the answer to (g) is “Yes”, has the Relevant
Information been shown in the P250
(i) I Has the Applicant received any caution,
reprimand or warning, or has he/she been
Involved in any mis-selling or lack of integrity in
any form of selling environment?
() I If the answer to (i) is "Yes", has the Relevant
I___I-Information been shown in the P250?
(kK) I Has the P250 been completed in full and sent
to the relevant address?
() I Has the P43 been completed in full and sent
with the P250?
(m) I Has the authorisation for employment of the
Applicant been received?
(n)__I Date employment as Assistant commenced
Pessoa di]
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Temporary Subpostmaster Contract
Appendix. 2
SUBPOSTMASTERS’ PRIVATE BUSINESS; BETTING AND GAMBLING; LICENSED
PREMISES; BORROWING AND LENDING MONEY
1, Private Business
1.4 Except as permitted by and in compliance with any waiver granted by Post Office Ltd in
accordance with paragraph 1,10 below, a Subpostmaster must not undertake in a private capacity,
or allow anyone else to undertake on the premises in which his Branch is situated, the types of
business listed in paragraph 11. 6 of this Appendix, as amended by Post Office Ltd from time to time
in accordance with paragraph 1.7 below,
1.2 The restrictions on private business activities on the premises in which the Branch is situated
are as follows: ‘
(i) business concerned with the provision of services relating to the collection, conveyance and/or
delivery of letters, parcels and packages (collectively called “Packets” in this paragraph) including
without prejudice to the generality of the foregoing: the sale of stamps and stationery with prepaid
postage; the acceptance, retention, sortation, return and redirection of Packets (including Packets
containing mail order or other home shopping goods and other Packets); and the acceptance of
payment for such services;
(ii) services for the payment of bills, the collection of payments (including pre~payments) or the
collection of revenue (whether by the sale of stamps or meter tokens, the charging of budget keys or
by other means) in connection with services for the supply of water, gas, fixed line telephones,
electricity, cable or satellite television, or local authority services;
(iii) sale of National Lottery products; .
(iv) Banking, Building, Industrial and Provident Society, Friendly Society or Credit Union business or
otherwise making available banking facilities including, without limitation, cheque-cashing, bureau
de change (including the selling and buying back of currency, on demand and pre-order services),
collecting deposits or providing withdrawal facilities on behalf of deposit-takers whether over-the-
counter or through an automated teller machine (ATM) or providing loans, credit cards or other
forms of credit or credit brokerage services but not including the provision of cash-back transactions
or the provision of basic saving stamp schemes which do not involve the return of cash to
participants In the scheme. For the avoidance of doubt, a cash-back transaction Is the withdrawal of
cash via a debit card scheme, from the account associated with the card used, as part of a
transaction for the purchase of goods or services through the same scheme; and
{v) any financial services business or otherwise making available facilities which may compete with
the financial services activities carried on or to be carried on by Subpostmasters at any time for or
‘on behalf of Post Office Ltd or through Post Office® branches or which may compromise the
regulatory status of Post Office Ltd (including for this purpose, Its Subpostmasters) in its role as
appointed representative of Post Office Ltd’s financial service product providers, including, for the
avoidance of doubt, the promotion of competing financial services but not Including the provision of
basic savings stamps schemes which do not involve the return of cash to participants in the scheme,
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11.3 For the avoidance of doubt, these non-compete restrictions apply to all methods of transaction
of the areas of business set out above. This includes without limitation the use of srnartcards, ATMs
and on-line terminals,
1.4 The categories of business listed in paragraph 1.2 above constitute the current restrictions but
Post Office Ltd reserves the right to review these restrictions In the light of changing Business
requirements, varying them if necessary. All Subpostmasters will be given at least 12 months’
notice in writing of any such changes. No restrictions will be introduced on products other than Key
Products and Services, as defined in paragraph 1.5 of this Appendix.
1.5 Key Products and Services are the core products and services offered by Post Office Ltd. The
Key Products and Services are:
(i) Letter, parcels and packages services of any kind and related services;
(ii) Services for the payment of bills, collection of payment or collection of revenue;
(iii) National Lottery products 4
(iv) Banking services, including bureau de change;
(v) Financial services;
(vi) National Savings and Investment products;
(vii) Money transfer services;
(vill) Postal orders;
(ix) Savings stamps;
(x) Benefits’ distribution and Government services;
(xi) Motor vehicle and driver licensing services and other motorist services;
C:
(xii) Telephony products and services; and wa
(xiil) Travel ticketing and travel passes;
Post Office Ltd reserves the right to amend this list of Key Products and Services from time
to time. No new products or services will be introduced to this list which are not current or
future key sources of revenue and/or contribution for Post Office Ltd,
1.6 If a Subpastmaster is considering taking up a new private retail business opportunity which may
fall within the scope of the current restrictions specified in paragraph 4.6 above, he should, before
he takes up any such business, inform Post Office Ltd of the circumstances and seek advice as to
whether the work concerned falls within the restrictions described above.
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1.7 Subpostmasters may apply for a waiver from the restrictions in paragraph 11.2 of this Appendix.
Post Office Ltd's waiver policy is available on the Post Office Ltd website, This sets out the
circumstances in which a waiver may be granted and the procedures that must be followed, This
policy is subject to amendment by Post Office Ltd from time to time. If a.waiver is granted subject
to conditions, a subpostmaster must comply with these conditions. A failure to do so will result in
the waiver being invalid from the date the Subpostmaster ceased to comply with the conditions.
1.8 A Subpostmaster must not use and must ensure that no third party uses the name “Post Office”
in connection with any of his private business activities (or the private business activities of a
company with which he is associated in any way) or in such a way as to imply that Post Office Ltd is
in any way connected with these activities, Nor may a Subpostmaster transact any private business
in a way that might lead customers to conclude that Post Office Ltd is in any way connected with
that business.
1.9 A Subpostmaster must not engage Royal Mail Group employees to undertake any work
whatsoever connected with the Subpostmaster's private business (or the private business activities
of a company with which he is associated in any way) at any time when they are employed in Post
Office® or Royal Mail Group duties,
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2.BETTING AND GAMBLING: LICENSED PRE! H IG AND LENDING
2.1. A Subpostmaster and his Assistants must not:
(i) bet or gamble by means of post (betting by private telephone off the Post Office® part of
the premises is permissible); or
(ii) take part in racing etc. pool or competitions or betting at “fixed odds” on football
matches (there is no objection to participation in ordinary football pool competition).
2.2. A Subpostmaster must not on the premises in which the Branch is situated;
(i) allow or provide for gambling; or
(ii) conduct any business with a turf commission agency or a football or turf pool agency.
2.3 Notwithstanding the conditions of Paragraphs 4.2 (iii), 1.5 and 2.2 above, a Subpostmaster and
his Assistants may in a private capacity take part in or act as a promoter of such local lotteries as
are permitted under the Lotteries and Amusements Act 1976 (Northern Ireland in part ill of the
Betting and Lotteries Act (Northern treland) 1957), The onus of ensuring that the law is complied
with rests with the person concerned in the promotion and conduct of the lottery and the sale of
tickets. Tickets for such lotteries must not be sold over the Post Office® branch counter nor must
the Post Office® branch be used In any way for advertising purposes, e.g, in giving addresses at
which tickets are available, nor must advertisements include the words Post Office/Post Office®,
Sub-Post Office/Sub-Post Office®, Post Office branch/Post Office® branch or Subpostmaster.
2.4 the Branch may not be situated in premises for which an “on" licence allowing for the sale of
drinks, other than a restaurant, has been granted, unless the premises have been clearly divided so
that Post Office® customers do not need to go through the licensed premises. There is no objection
to the Subpostmaster holding an “off” licence provided the liquor is sold in closed vessels,
2.5 Neither a Subpostmaster nor any company with which he is associated in any way must borrow
frgm or lend money to any Royal Mail Group employee. Nor should a Subpostmaster or any such
company provide security for the benefit of any Royal Mail Group employee In raising a loan.
2.6 The loaning of money by a Subpostmaster or by any company with which he is associated in any
way to persons drawing pensions or allowances on the security or strength of their Post Office Card
Accounts or of expected future payments from the Department of Work and Pensions {s also strictly
forbidden.
3 POLITICAL ACTIVITIES
34 A Subpostmaster is free to take part in any national and local political activities subject to
the following conditions:~
(i) he must not engage in or allow his assistants to engage in political activities whilst
engaged on Post Office® business or on the Branch premises;
{ii) he must not exhibit any notice soliciting votes for any particular candidate or with
any party or political object either in the Branch or on any vehicle under the control of
the Royal Mail Group; and no leaflet or address with a party or political object may lie
or be exhibited within the Branch.
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IN THE HIGH COURT OF JUSTICE Claim No. HQ16XO1238
QUEEN'S BENCH DIVISION
BETWEEN:
ALAN BATES & OTHERS
Claimants
-and-
POST OFFICE LIMITED
Defendants
APPENDIX C - NETWORK TRANSFORMATION
CONTRACT
(all redactions relate to claimant-specific information)
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POST OFFICE LIMITED
STANDARD CONDITIONS FOR THE OPERATION OF A LOCAL POST OFFICE® BRANCH (ON SITE
VARIANT, POST OFFICE LIMITED CASH)
These Standard Conditions form part of the Local Post Office Agreement and contain the following
Parts: .
PART 4 - DEFINITIONS USED IN THE AGREEMENT
PART 2 - OPERATING A LOCAL BRANCH ©
PART 3 - FINANCIAL DETAILS
PART 4 - EQUIPMENT FOR A LOCAL BRANCH
PART 5 - MANUAL FOR A LOCAL BRANCH
PART 6 - NON-COMPETE RESTRICTIONS AND HOW THEY AFFECT BRANCH PREMISES
PART 7 - FIT OUT WORKS AND BRANCH PREMISES
PART 1 - DEFINITIONS USED IN THE AGREEMENT
1 Definitions and Interpretation
1.1 In addition to the terms defined in the Preface, the words below have the meanings next to
them unless the context requires otherwise:
Accounting the periods into which Post Office Ltd's financial year is divided. Each
Periods period shall be of 4 or 5 weeks, as notified by Post Office Ltd to the
Operator
Agreement the Local Post Office® Agreement between Post Office Ltd and the
Operator relating to the Branch and consisting of the documents listed
in the Preface, as each of them may be amended by Post Office Ltd
from time to time in accordance with these Standard Conditions
Assistant a person employed by the. Operator who is approved by Post Office
Ltd in accordance with the Manual to work in the Branch
Basic Business the type of business carried on by the Operator on its own account
from the Branch Premises
Branch the Post Office Local branch operated by the Operator from the
Branch Premises including the provision of the Products and Services
by the Operator on behalf of Post Office Ltd and all associated Post
Office related activities
Branch Premises the premises specified in the Preface from which the Branch and the
Basic Business are operated
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Client
Compliance
Training
Conditions of
Appointment
Confidential
Information
Customer
DPA
Equality Policy
Equipment
Existing
Subpostmaster
Fees
Fees Booklet
Fit Out Works
Group
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any person on whose behalf Services and/or Products are supplied by
Post Office Ltd through the Network
any compliance training required by Post Office Ltd from time to time,
including mail integrity, mail segregation, financial compliance, anti-
money laundering, telecoms, data protection and other regulatory
compliance training
the conditions of appointment applicable to the Operator set out in
Appendix 3 to the Preface
any information or know-how in whatever form relating to the
business affairs, products, operating or marketing techniques,
suppliers, Customers, Clients, or finances of Post Office Ltd which is
by its nature confidential or is marked confidential, including Official
Information and Personal Data
a customer of the Branch and/or of Post Office Ltd
the Data Protection Act 1998
Post Office Ltd's equality and accessibility policy communicated by
Post Office Ltd to the Operator from time to time, either in the form of
general guidance or instructions to all operators (including the
Accessibility Guide), or specific guidance or instructions notified to the
Operator and in the case of any conflict the specific guidance or
instructions will take precedence
Post Office Ltd Funded Equipment and Operator Funded Equipment
the subpostmaster or operator who is currently operating, or who has
previously operated, the Existing Branch
the fees payable by Post Office Ltd to the Operator for the proper
performance of Transactions in accordance with the Agreement as set
out in the Fees Booklet
the booklet provided to the Operator by Post Office Ltd setting out the
Products and Services and the applicable Fees, as revised and
amended by Post Office Ltd from time to time in accordance with Part
3 of these Standard Conditions
the Post Office Ltd Funded Works and the Operator Funded Works as
described in Appendix 4 to the Preface
in relation to a company:
(a) that company and any Subsidiary of that company; and
(b) the ultimate Holding Company of that company; and
(c) every other company which is a Subsidiary of the same ultimate
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Holding Company
Intellectual
Property
Investment
Amount
Licensed Materials
Manager
Manual
Minimum Hours
Network
New Operator
Notice to Amend
Official
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Holding Company;
in each case from time to time;
shall have the meaning set out in section 1159 of the Companies Act
2006
all patents, copyrights, design rights, trade marks, goodwill, trade
secrets, know-how, database rights, moral rights and other rights in
the nature of intellectual property rights (whether registered or
unregistered) and all applications for the same, anywhere in the world
the ammount to be contributed by Post Office Ltd for the Post Office Ltd
Funded Works in accordance with clause 9,2 of the Preface and Part 3
of these Standard Conditions
any branding, internal and external signage and other materials as
may be specified, or provided to the Operator, by Post Office Ltd (or
provided at Post Office Ltd’s request by its approved supplier) and
containing, depicting or bearing any Post Office Intellectual Property
the Operator himself (where the Operator is an individual) or (where
the Operator is a company or partnership) a shareholder, director or
partner of the Operator (who is also an Assistant) or an Assistant
appointed by the Operator to act as manager of the Branch
the manuals and other docurnents referred to in Part 5 of these
Standard Conditions
the minimum hours for the operation of the Branch specified in the
Preface, including on any public or statutory holidays on which the
Basic Business is open to the public
the network of Post Office® branches within the United Kingdom
operated or controlled by Post Office Ltd
anyone appointed by Post Office Ltd to operate all or part of the
Branch whether at the Branch Premises or at alternative premises
following termination of the Agreement
a written notice from Post Office Ltd to the Operator giving not less
than 3 months’ notice to amend any of the terms of the Agreement
(other than (j) an amendment to the Fees Booklet or any part of it,
which may be made In accordance with Part 3, (ji) an amendment to
or of the Manual, which may be made in accordance with Part 5, or
(iti) an amendment in relation to or of the non-compete restrictions on
private business activities, which may be made in accordance with
Part 6 of these Standard Conditions)
all information and data:
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Information
Operator Funded
Equipment
Operator Funded
Works
Parties
Personal Data
Personnel
Post Office Cash
and Stock
Post Office Group
Post Office
Intellectual
Property
Post Office Ltd
Funded
Equipment
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(a) relating to the System and the processes, operational
procedures and rules of Post Office Ltd;
(b) relating to Clients and/or Customers and their transactions,
including inforrnation relating to a named individual: and/or
(c)__ of a financial nature in relation to the Branch, Post Office Ltd, its
business or Post Office Group or its business
the equipment which is indicated in Appendix 2 of the Preface (as
varied or amended by any Notice to Amend) as being paid for by the
Operator, together with any other items provided by the Operator at
its discretion, and which consequently belongs to the Operator
the works, being works to the Branch Premises to accommodate the
Post Office Local facility, which are indicated in Appendix 4 of the
Preface as being paid for by the Operator
Post Office Ltd and the Operator, and Party shall mean either of them
the personal data (as defined in the DPA) provided by Post Office Ltd
or a Customer to the Operator or processed (as defined in the DPA) by
the Operator in connection with the Agreement
the Operator's employees, agents, contractors and advisors (including
Assistants)
cash, stocks of Products and/or any other property, papers or
documents belonging to Post Office Ltd or its Customers or Clients
the group of companies comprised of Post Office Limited, its holding
companies, its subsidiaries and associated undertakings (if any) and any
subsidiaries and associated undertakings of its holding company
including any subsidiaries of those associated undertakings. The terms
holding company and subsidiary shall have the meanings given to them
in section 1159 of the Companies Act 2006
all Intellectual Property in anything provided by or on behalf of Post
Office Ltd in connection with the operation of the Branch, including the
Systern and the Trade Name and those Trade Marks used in the
operation of the Branch and which are referred to in the Manual or
which are otherwise notified in writing by Post Office Ltd to the
Operator
the equipment which is indicated in Appendix 2 of the Preface (as
varied or amended by any Notice to Amend) as being paid for by Post
Office Ltd, together with any other items provided by Post Office Ltd at
its discretion by it, or on its behalf, to the Operator, and which
consequently belongs to Post Office Ltd or its supplier
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Post Office Ltd
Funded Works
Preface
Products
Services
Staff Liabilities
Subsidiary
System
Term
Trade Marks
Trade Name
Transaction
VAT
Valid Property
Interast
Working Day
ee
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the works, being the enabling works to the Branch Premises to
accommodate the Post Office Local facility, which are indicated in
Appendix 4 of the Preface as being paid for by Post Office Ltd
the preface that forms part of the Agreement
the products listed in the Fees Booklet referred to in Part 3, as varied
from time to time by Post Office Ltd in accordance with that Part
the services listed in the Fees Booklet referred to in Part 3, as varied
from time to time by Post Office Ltd in accordance with that Part
in relation to an Assistant or other member of Personnel, any costs
and/or liabilities arising out of or in connection with his employment or
the termination of his employment including any contractual
entitlements to salary, wages or other emoluments, any employer's
national insurance contributions, pay-as-you-earn tax deductions,
pension contributions or payments, any reimbursement of employee
expenses and any settlements, awards, costs or penalties arising in
connection with any dispute between him (or trades union
representing him) and his employer
shall have the meaning set out in section 1159 of the Companies Act
2006
the system of conducting and marketing the business of Post Office
Ltd in a Post Office branch as disclosed to the Operator by Post Office
Ltd in accordance with the Agreement and the Manual
the duration of the Agreement
the registered and unregistered trade marks and service marks which
are used in connection with Post Office Ltd's business and any trade
marks, trade names (including the Trade Name) and service marks
that are or will be owned by Post Office Ltd or Post Office Group at
any time during the operation of the Agreement
means “Post Office”
each supply of a Product or Service to a Customer in the Branch
value added tax as provided for in the Value Added Tax Act 1994
a valid and marketable title to the Branch Premises or a valid tenancy
of the Branch Premises giving the Operator exclusive control of the
whole of the Branch Premises (including its access and provision of
utilities and services) on an exclusive occupancy basis for a term of at
least 12 months from the Start Date and which is terminable on or
after such 12 months on not less than 6 months’ notice
a day other than a Saturday or Sunday or other public or statutory
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holiday in England and Wales
PART 2- OPERATING A LOCAL BRANCH
The Operator and the Branch
The Operator agrees to operate the Branch on behalf of Post Office Ltd in accordance with the
terms of the Agreement (including for the avoidance of doubt the Manual).
The Agreement is a contract for services and the Operator is an agent and not an employee of
Post Office Ltd, The Operator acknowledges that no relationship of employer and employee
exists between Post Office Ltd and the Operator, or between Post Office Ltd and any Assistant.
The National Federation of Subpostmasters (the NFSP) is an independent members
organisation supporting operators of Post Office branches across the UK and is solely
acknowledged by Post Office Ltd as a representative body of operators. The NFSP is the only
body with which Post Office Ltd will seek to discuss and consult on matters affecting operators,
subject to any legal, regulatory or political obligations, Such discussions will take place within (
the existing and developing relationship framework, ‘
For clarity, the Operator is permitted to provide the Products and Services from the Branch
Premises but not from any other location (unless otherwise agreed in advance in writing
between the Parties),
The Operator shall open the Branch to Customers during at least the Minimum Hours.
Post Office Ltd shall provide:
1.6.1 ahelpline to enable the Operator to consult with Post Office Ltd about running the
Branch (details of the helpline are contained within the Manual);
1.6.2 — the Operator with stocks of Products and documentation to use in the Branch,
Post Office Ltd has the right to enter into contracts or arrangements with Clients for the r
handling of Products or the supply of Services by the Network (including the Branch) on such \
terms as Post Office Ltd considers fit, Post Office Ltd retains the discretion as to where within
the Network particular products and services are offered.
Where the Operator is a partnership, each partner shall be jointly and severally responsible for
the performance or non-performance of the Operator's obligations in the Agreement.
The Operator shall notify Post Office Ltd of any changes to the nature of the Basic Business
(including through the addition of any new category of business), and Post Office Ltd may
terminate the Agreement on not less than 1 months’ notice, or immediately, if Post Office Ltd
reasonably regards such change as bringing Post Office Ltd and/or the Branch and/or its
business into disrepute.
Assistants and Training
The Operator shall ensure at all times that only Assistants have any access to or involvement
with the Branch and Post Office Ltd's information systems, but this shall not restrict any access
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by Post Office Ltd and/or its authorised representatives to the Branch and Post Office Ltd's
information systems.
The Operator shall comply with the Manual regarding obtaining Post Office Ltd's approval of
prospective Assistants and shall also cooperate fully in any ongoing periodic checks of
Assistants required by Post Office Ltd during the Term.
Where Post Office Ltd considers it necessary, it shalt initially train the first Manager and such
number of Assistants as Post Office Ltd shall determine, in the operation of the System at the
Branch.
The Operator shall ensure that the first Manager cascades the training to all other Assistants
and to any replacement Manager in order to ensure that all subsequent Managers and all other
Assistants receive sufficient initial training from properly trained Managers.
Post Office Ltd may require the Manager and/or the Assistants to undertake further training at
any reasonable location and time during the Term if Post Office Ltd:
2.5.1 reasonably considers such training to be essential; or
2.5.2 wishes to train them in new and improved techniques which have been devised and
which the Operator will be required to use in operating the System,
The Operator shall ensure that Managers and Assistants attend the training provided by Post
Office Ltd under clauses 2.3 and 2.5.
Any failure by the Operator to comply with its obligations pursuant to this clause 2 shall be
deemed to be a material breach of the Agreement and any failure by the Operator to comply
with clause 2.2 only shall be deemed to be a material breach of the Agreement which cannot
be remedied.
The Operator shall be responsible for the costs of the Manager and/or Assistants attending the
training referred to in clauses 2.3 and 2.5 (including, as appropriate, salary, travel,
accornmodation and subsistence), but the cost of delivering the training shall be met by Post
Office Ltd,
The Operator shall:
2.9.1 ensure that there is always a trained Manager and/or sufficient trained and
experienced Assistants to operate the Branch to the standards required by Post Office
Ltd and to meet the demand for the Products and Services;
2.9.2 ensure that all Assistants understand that they are employees of the Operator, not
Post Office Ltd;
2.9.3 ensure that all Assistants comply with Post Office Ltd's reasonable instructions
regarding standards of appearance, behaviour and skill;
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2.9.4
2.9.6
2.9.8
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ensure that all Managers and Assistants wear identification badges, as supplied by Post
Office Ltd, when working in the Branch. Such identification badges shall be obtainable
from Post Office Ltd or its nominated supplier at Post Office Ltd's cost;
itself provide, and procure from all its Personnel an undertaking, in the form specified
or referred to in the Manual, not to use or disclose to any third party any Official
Information or Personal Data which they may acquire, The Operator shall provide all
Personnel with a copy of their undertaking as a reminder of the obligations contained
in it. The Operator shall take such steps at its own expense as Post Office Ltd may
require in order to enforce this undertaking and/or to restrain any breach of it;
immediately notify Post Office Ltd of any request made to the Operator, an Assistant or
any other Personnel by any person for information which may be confidential
(including any Official Information and/or Personal Data) or any request for information
under the Freedorn of Information Act 2000 relating to the Branch, Post Office Ltd, the
Agreement or any related matter and shall not comply with such a request until it has
obtained Post Office Ltd's written consent to the disclosure;
if there is any allegation or evicence of fraud or dishonest conduct or criminal activity
on the part of the Operator, the Manager, the Assistants, any Customers or any other
person, including any practice undertaken by the Operator (or any Assistant) with a
view to artificially inflating the Fees (as referred to in clause 3.4 of Part 3), the
Operator shall immediately notify Post Office Ltd and co-operate fully with any
investigation which may be made by Post Office Ltd's Investigation Division, the police
and/or any investigator appointed by any Client;
properly complete, and ensure that the Assistants properly complete, any Compliance
Training required by Post Office Ltd by the deadline(s) notified by Post Office Ltd.
Where the Operator has failed to comply with clause 2.9.8 in respect of the cornpletion of the
Compliance Training by the relevant deadlines, Post Office Ltd may take such steps as it
considers appropriate to ensure compliance with clause 2.9.8 by the Operator, including:
2.10.1 sending reminder letter(s) or other appropriate communications to the Operator,
and/or the Branch /outreach service;
2.10.2 making a reminder phone call to the Operator, and/or the Branch /outreach service;
and/or
2.10.3 after prior notice to the Operator, sending a Post Office Ltd representative to visit the
Branch /outreach service to ensure that the training is’ properly completed,
Where Post Office Ltd considers it necessary, including where the Operator has persistently
failed to comply with its obligations under the Agreement (whether in relation to the same
obligation or not, and whether or not such failures are material in nature), it will send a Post
Office Ltd representative to the Branch to deliver remedial training to the Manager and/or its
Assistants. The Operator shall ensure that the Manager(s) and Assistants attend this training.
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2.12 Post Office Ltd may require the Operator to pay Post Office Ltd’s reasonable costs and
3.4
3.2
expenses of carrying out the steps described in clauses 2,10 and 2.11, including the costs and
expenses of travel, staff time and overnight accommodation where required. In all cases, these
costs and expenses may either be deducted from the Fees due to the Operator under the
Agreement or Post Office Ltd may invoice the Operator for them. Invoices must be paid within
14 days of receipt. :
Operational Requirements
System
The Operator shall:
3.1.1 operate the Branch in accordance with the System from the Start Date;
3.1.2 act honestly at all times in the operation of the Branch. Any failure by the Operator to .
comply with this clause 3.1.2 shall be deemed to be a material breach of the
Agreement which cannot be remedied;
3.1.3 not do anything, whether in the operation of the Branch or otherwise, which may bring
the System or Post Office Ltd into disrepute or which may damage the interests of
Post Office Ltd or the Network. Any failure by the Operator to comply with this clause
3.1.3 shall be deemed to be a material breach of the Agreement;
3.1.4 — accept full responsibility for the proper running of the Branch and the efficient
provision of the Products and Services (but where the Operator is an individual, there
is no requirement for the Operator to attend the Branch personally and where the
Operator is a partnership or a company, there will be no requirement for the partners
and directors (as appropriate) to attend the Branch personally).
Standards and service delivery
The Operator shall:
3,2.1 maintain the highest standards in all matters connected with the Branch and Branch
Premises, including implementing and maintaining the standards specified in the
Manual;
3.2.2 comply with all instructions given to it by Post Office Ltd with regard to standards and
quality in the operation of the Branch;
3.2.3 give Post Office Ltd at least 6 weeks’ written notice of any change to the opening hours
of the Basic Business which are in excess of the Minimum Hours;
3.2.4 — only change the opening hours to be less than the Minimum Hours with the prior
written consent of Post Office Ltd. Post Office Ltd's consent may be subject to such
conditions as Post Office Ltd may determine;
3.2.5 clearly and prominently display in the window of and elsewhere in the Branch
Prernises, in the form approved (or provided) by Post Office Ltd, up to date notices
indicating the opening hours of the Branch, the Products and Services available, the
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3.2.7
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location of the Post Office® counter and any other relevant information required by
Post Office Ltd;
ensure that Customers can pay for other goods and services at the same time as
paying for the Products and/or Services. The Operator may treat such transactions
separately but the Customer does not need to queue again and does not need to be
dealt with by a different sales assistant;
permit Post Office Ltd to speak and/or write to Customers about the services being
provided by the Operator so as to ensure that the standards associated with the
System are being achieved and maintained;
use only such stationery and other documentation in its dealings with third parties in
connection with the Branch as Post Office Ltd shall provide or approve.
Limit of Operator’s Role
The Operator shall not:
3.3.4
3.3.2
3.3.3
3.3.4
involve Post Office Ltd in any debts;
represent himself as being Post Office Ltd or a partner of Post Office Ltd;
other than as required to provide the Products and Services, represent himself as
being an agent of Post Office Ltd or permit any person connected with the Operator to
represent the Operator in such a way that others dealing with the Operator may
regard him as authorised to act on behalf of Post Office Ltd or Post Office Group;
make any representation or submission regarding any Product or Service and/or the
Branch to HMRC or any Government authority or body, other than as may be required
by law. The Operator shall notify Post Office Ltd in advance of any such requirement;
make any statements, representations or claims or give any warranties to any
Customer or prospective Customer in respect of the Products, the Services or the
System except such as have been specifically authorised by Post Office Ltd in writing or
as provided in the Agreement,
Sale of Products and Services
The Operator shall:
3.4.1
3.4.2
offer for sale or provide in the Branch all those Products and Services that the
Operator is authorised by Post Office Ltd to sell or provide, but no more than those
Products and Services which it is authorised to sell or provide at the Branch, The
Products and Services that the Operator is authorised to sell or provide shall be those
for which a relevant icon is visible on the Horizon system;
offer the Products and Services on behalf of the Clients at their respective face values
and/or the price prescribed by the Horizon system (or any replacement thereof),
together with any additional specified charges or fees, The Operator's authority is
strictly limited to the issue or sale of the Products and Services on the terms specified
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by the Clients or Post Office Ltd, The Operator has no authority in any way to vary
such terms. A breach of this clause 3.4.2 shall be deemed to be a material breach of
the Agreement which cannot be remedied;
3.4.3 — order the Products in good time in accordance with the timescales and guidelines
provided by Post Office Ltd (including as set out in the Manual) sufficient to meet
Customer demands for those Products from the Branch only;
3.4.4 not transfer or sell (either to himself or to any third party) any Product for subsequent
resale in any retail outlet belonging to or operated by either the Operator or by any
business or company connected with the Operator or by any person on behalf of the
Operator or such a business or company. Post Office Ltd will deduct from future
payments to the Operator any fee or remuneration paid by Post Office Ltd in respect of
such prohibited sales or transfers;
3.4.5 — obtain supplies of the Products and other items (which the Operator is required to use
in the conduct of the Branch) from Post Office Ltd upon Post Office Ltd's terms of
business or Post Office Ltd’s approved supplier on the terms of business of that
approved supplier. All Products supplied by Post Office Ltd to the Operator shall
remain the property of Post Office Ltd or, as the case may be, the Client, until dealt
with by the Operator in accordance with the Agreement, and the Operator shall, on
request, and at its own expense, return to Post Office Ltd (and/or to any supplier or
Client) all stocks of the relevant Products in its possession. Alternatively, at Post Office
Ltd's request, the Operator shall make the relevant Product(s) available for collection
by Post Office Ltd;
3.4.6 ~ notify Post Office Ltd, as.soon as reasonably practicable, of any issue, event or
circumstances that have, or may have an adverse impact on the Branch and/or the
provision of Products and Services under the Agreement.
Compliance with laws
The Operator shall ensure that the Branch is operated, and the Operator's other obligations
under the Agreement are performed, in accordance with all applicable laws and regulations.
The Operator shall not do or permit to be done anything which might involve the Operator,
Post Office Ltd or any member of the Post Office Group breaching any laws or regulations.
Recording, provision of information, accounting and settling
The Operator shall:
3.6.1 record such data and information relating to the Branch as Post Office Ltd may
require;
3.6.2 at the request of Post Office Ltd, promptly provide either Post Office Ltd or any third
party with such information and data as Post Office Ltd may reasonably require;
3.6.3 maintain an accounting system, prepare, sign and maintain financial statements and
accounts, record Transactions and maintain all records in accordance with the
provisions contained in the Manual, in particular paragraphs 9.2 to 9.4 (inclusive);
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3.6.4 — provide Post Office Ltd with the information regarding the Basic Business prescribed
by the Manual, in particular paragraph 10.2;
3.6.5 permit Past Office Ltd (or its norninee) at any time during business hours to inspect
and take copies of all records (including any accounts) relating to the Branch;
3.6.6 account for and remit to Post Office Ltd all monies collected from Customers in
connection with Transactions in accordance with the Manual, Any cash which Post
Office Ltd provides to the Operator or which the Operator collects as a result of
Transactions does not belong to the Operator and shall be held by the Operator (at the
Operator's risk) on behalf of, and in trust for, Post Office Ltd and the Clients. Any such
cash shall not form part of the assets of the Operator, The Operator acknowledges that
it is expressly forbidden from making use of any such amount due to Post Office Ltd
for any purpose other than the operation of the Branch and it must on no account
apply to its own private use, for however short a period, any portion of funds belonging
to Post Office Ltd entrusted to it. Any breach of this clause 3.6.6 and/or any misuse of
Post Office Ltd cash by the Operator or its Personnel shall be deemed to be a material
“breach of the Agreement which cannot be remedied and may render the offender
liable to prosecution.
Security of Post Office Cash and Stock
The Operator shall:
3.7.14 comply, as a minimum, with the standard of physical and procedural security required
by Post Office Ltd in the Manual. The Operator shall permit Post Office Ltd to access
the Branch Premises at any time to install, at its own cost, any additional security
equipment which Post Office Ltd deers necessary;
3.7.2 comply with the Manual in respect of the preparation and acceptance of cash;
3.7.3 not hold any cash or currency at the Branch Premises (whether such cash or currency
is a Product or otherwise) in excess of the limits notified to the Operator by Post Office
Ltd from time to time;
3.7.4 immediately produce all Post Office Cash and Stack for inspection whenever requested
by Post Office Ltd,
Political Activities
An Operator is free to take part in any national and local political activities subject to the
following conditions:
3.8.1 he must not engage in or allow his Personnel to engage in political activities (including
wearing symbols or badges associated with a political party or cause) whilst operating
or working in the Branch or the Basic Business, or whilst on or in the vicinity of the
Branch Premises;
3.8.2 he must not allow any other person to engage in political activities whilst on the
Branch Premises;
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3.8.3 he must not exhibit any notice soliciting votes for any particular candidate or with any
party or political object either in, on or in the vicinity of the Branch Premises or on any
vehicle under the control of Post Office Ltd or any member of the Post Office Group;
and no leaflet or address with a party or political object may be placed or left by the
Operator or anyone associated with him on, in or in the vicinity of the Branch
Premises.
An Operator who is an individual and who intends to stand for Parliament must notify Post
Office Ltd in writing at the earliest opportunity,
Liability for Post Office Cash and Stock
The Operator shall be fully liable for any loss of or damage to, any Post Office Cash and Stock
(however this occurs and whether it occurs as a result of any negligence by the Operator, its
Personnel or otherwise, or as a result of any breach of the Agreement by the Operator) except -
for losses arising from the criminal act of a third party (other than Personnel) which the
Operator could not have prevented or mitigated by following Post Office Ltd’s security
procedures or by taking reasonable care. Any deficiencies in stocks of Products and/or any
resulting shortfall in the money payable to Post Office Ltd must be made good by the Operator
without delay so that, in the case of any shortfall, Post Office Ltd is paid the full amount when
due in accordance with the Manual.
The Operator's responsibility for such items shall begin from the time at which the Post. Office
Cash and Stock are received by the Operator and shall end when the Post Office Cash and
Stock are given to Customers in the proper conduct of the Branch or are returned to Post
Office Ltd or, in the case of cash or financial instruments are collected by a cash in transit
provider or are paid into a bank. Whilst the Post Office Cash and Stock are in the Operator's
possession, it shall keep them in a place of security.
The Operator shall retain financial responsibility (in accordance with the Agreement) following
the termination of the Agreement, and it will be required to make good any losses (including
losses arising from Transaction corrections and stock losses) incurred during its operation of
the Branch which may subsequently come to light.
Intellectual Property Licence
Subject to the terms of the Agreement, Post Office Ltd grants to the Operator a non-exclusive,
non-transferable, revocable licence to:
5.1.1 — operate the System; and
5.1.2 use the Licensed Materials,
solely for the purposes of operating the Branch and advertising it in accordance with clauses 6
and 7 of this Part 2.
The Licensed Materials
The Operator shall:
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61,1 only use the Licensed Materials in connection with the operation of the Branch or
provision of the Products and Services in accordance with the Manual. Post Office Ltd
may remove or withdraw from the Operator any materials or other things whatsoever
which are not Licensed Materials or are not being used in accordance with the
Agreement or the Manual;
6.1.2 not reproduce any Licensed Materials or any Post Office Intellectual Property, unless
expressly authorised in writing by Post Office Ltd;
6.1.3 not use any Licensed Materials in any way that is liable to mislead the public or which
would otherwise be detrimental to or inconsistent with the good name, goodwill,
reputation or image of Post Office Ltd;
6.1.4 not use any Licensed Materials in conjunction with any other marks or names without
the prior written consent of Post Office Ltd;
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6.1.5 on request by Post Office Ltd, promptly deliver up to Post Office Ltd or, at Post Office
Ltd's discretion, destroy, all Licensed Materials or any specified Licensed Materials
(including where the specified Licensed Materials relate to Products or Services that
have been discontinued or where the Licensed Materials are out of date);
61.6 not seek to register as a trade mark or as a business name or corporate name or any
domain name, any mark or name the same as or which includes or may be confused
with any Post Office Intellectual Property or any other trade mark or name owned or
used by Post Office Ltd or Post Office Group;
6.1.7 not make any representation or do any act which may be taken to indicate that the
Operator ‘has any right, title or interest in or to the ownership or use of the Post Office
Intellectual Property other than as conferred by the Agreement;
6.1.8 not challenge the validity of any Post Office Intellectual Property or the title of Post
Office Ltd or any other member of the Post Office Group to the Post Office Intellectual
Property; and AC
6.1.9 when requested, give to Post Office Ltd all reasonable assistance in obtaining
registrations of Post Office Ltd's rights in any trade marks or other Intellectual
Property.
6.2 The Operator shall not use the Trade Marks or the Post Office Intellectual Property except:
6.2.1 as part of the Licensed Materials; and
6.2.2. where the Operator has obtained the specific prior written consent of Post Office Ltd in
respect of the proposed use of the Trade Marks in the operation of the Branch
{including on any website operated by the Operator),
63 Post Office Ltd and Post Office Group or Clients are or will be the proprietors or licensees of all
the Intellectual Property used in the operation of the Branch. All rights in the Post Office
Intellectual Property (including Customer data reasonably required for the operation of the
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Branch) shall remain vested in Post Office Ltd or the relevant member of Post Office Group.
The Operator shall not by virtue of the Agreement acquire any right, title or interest of any kind
other than as specifically granted in the Agreement to any of the Post Office Intellectual
Property. The Operator shall execute a written assignment of any such rights or interest on
request by Post Office Ltd, and will provide copies of such data or other relevant materials on
request.
Any accretion of goodwill derived by reason of the operation of the Branch and/or the use of
the Post Office Intellectual Property shall accrue to Post Office Ltd whether arising at common
law or otherwise, If requested by Post Office Ltd the Operator shall immediately, irrevocably
and unconditionally assign to Post Office Ltd all such goodwill.
No warranty express or implied is given by Post Office Ltd with respect to the Post Office
Intellectual Property or its validity,
The Operator has no right to sub-licence or assign the Licensed Materials or any Post Office
Intellectual Property, without the express prior written consent of Post Office Ltd.
The Operator must promptly notify Post Office Ltd of any infringement, threatened
infringement, passing-off or misuse of Post Office Intellectual Property. Post Office Ltd will
conduct any claim or action and the Operator must provide such assistance in any action Post
Office Ltd may take as Post Office Ltd reasonably requires. No other action should be taken by
the Operator.
Installation and Display of Licensed Materials
The Operator shall (as appropriate) either install in the locations specified by Post Office Ltd, :
and/or prominently display in a position visible to the public, the Licensed Materials at the
Branch Premises. This includes the display of materials bearing the Intellectual Property of
Clients.
Subject to clause 7.4 of this Part 2, the Operator shall not conduct or carry on any advertising
or promotion in relation to the Branch without the prior written consent of Post Office Ltd,
other than by the installation and/or display of Licensed Materials at the Branch Premises in
accordance with the Agreement.
Except where an item of Licensed Materials is also specified as an item of Post Office Ltd
Funded Equipment in accordance with the Agreement, and subject to any obligations relating to
the maintenance of such Post Office Ltd Arranged Equipment pursuant to Part 4 of these
Standard Conditions, all Licensed Materials shall be installed, displayed and maintained at the
expense of the Operator. The Operator shall be responsible for obtaining any necessary
planning, by-law or other consents in respect of the Licensed Materials, irrespective of whether I
they are also Post Office Ltd Funded Equipment.
The Operator shall participate in all promotional or marketing activities proposed by Post Office
Ltd or Clients in accordance with the reasonable instructions of Post Office Ltd. The Operator
shall remove from display all Licensed Materials associated with such activities immediately on
request by Post Office Ltd.
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The Licensed Materials and Post Office Intellectual Praperty must not be used in connection
with any private business, including the Basic Business, without the express prior written
consent of Post Office Ltd (to which it may attach such conditions as it thinks fit), or in such a
way as to imply that Post Office Ltd or Post Office Group is in any way connected with those
activities.
Advertising
The Operator shall not use any title or carry out any advertising, marketing or promotion of any
kind (including any advertising, marketing or promotion in newspapers, magazines, brochures
or flyers, on television, radio or the internet or using any social media) of the Basic Business or
any other business which:
8.1.1 — shall be capable of being interpreted in any way as an endorsement by Post Office Ltd,
Post Office Group or any Client of any element of the Basic Business or any other
business; or
8.1.2 may imply that Post Office Ltd, Post Office Group or any Client is in any way
connected or associated with any element of, or involved in the management of, the
Basic Business (e.g. “Post Office Stores’) or any other business,
The Operator shall not promote or advertise in, on or around the Branch Premises any political
party or support In any manner any political causes in such a way that the Branch, the Network
or the Branch Premises may in any way be associated with such political party or cause.
In addition to the obligations in clauses 8.1 and 8.2, the Operator shall not display any
advertising in or around the Branch Premises which relates to:
8.3.1 any illegal business or matter;
8.3.2 any controversial matter, an advertisement for which might suggest that Post Office
Ltd supported one side or the other;
8.3.3 any products or services of a kind offered by Post Office Ltd and of a type referred to
in clause 1.6 of Part 6 of these Standard Conditions,
or which;
8.3.4 does not comply with the DPA, the Privacy and Electronic Communications (EC
Directive) Regulations 2003 and/or the Advertising Standards Authority's British Code
of Advertising Practice;
83.5 — in the reasonable opinion of Post Office Ltd, is likely to cause offence to a substantial
part of the general public or offend ethnic, religious or other groups; or
8.3.6 in the opinion of Post Office Ltd, might bring Post Office Ltd into disrepute,
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Post Office Ltd licenses to the Operator on a non-exclusive, non-transferable, revocable basis
the use of such technology, hardware, software and data as Post Office Ltd may determine, at
its sole discretion, to be necessary (the Technology), solely for the proper operation by the
Operator of the Branch under the Agreement.
The Operator agrees not to use the Technology for any purpose other than the operation of the
Branch and strictly to adhere to all instructions and terms and conditions relating to the
Technology which are communicated to the Operator by Post Office Ltd.
Data Protection
Terms and expressions used in this clause 10 shall have the meaning assigned to them in the
DPA unless otherwise stated.
The Operator shall at all times comply (and shall ensure that all Personnel at all times comply)
with the DPA, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and
any other relevant law and code of practice relating to data protection in the course of
performing its obligations under the Agreement.
The Operator acknowledges and agrees that for the purposes of the DPA, Post Office Ltd
and/or any Client is the data controller and the Operator is the data processor of any Personal
Data. :
The Operator shall:
10.4.1 not collect, process or disclose Personal Data under any circumstances except to the
extent strictly necessary to perform the Transactions, to carry out the Operator's other
obligations under the Agreement or otherwise to comply with instructions from Post
Office Ltd;
10.4.2 promptly carry out any request from Post Office Ltd requiring him to amend, transfer
or delete or securely dispose of Personal Data or any part of it;
10.4.3 take appropriate technical and organisational measures to protect Personal Data
against unauthorised or unlawful processing, and against accidental loss or destruction
of, or damage to, Personal Data. These measures must ensure a level of security
appropriate to the nature of the Personal Data and the harm which might result from
any authorised or unlawful processing, accidental loss, damage or destruction of that
Personal Data, and must as a minirnum include the measures set out in the Manual.
The Operator shall provide Post Office Ltd upon request, with detalls and evidence of
the measures taken by the Operator; and
10.4.4 at the request of Post Office Ltd deliver up the Personal Data or securely destroy it
(and provide confirmation of destruction),
Post Office Ltd shall remain the sole owner of the Personal Data together with all Intellectual
Property rights in the Personal Data and any compilation of the Personal Data,
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10.6 The Operator shall provide all reasonable assistance to Post Office Ltd in connection with any
civil, administrative or criminal proceedings against Post Office Ltd resulting from a breach by
the Operator or any Personnel of the obligations under this clause 10.
10.7 The Operator shall not transfer any Personal Data to, or permit any Personal Data to be
accessed from, a location outside of the UK without the prior written consent of Post Office Ltd.
10.8 If the Operator receives any complaint, notice or communication which relates directly or
indirectly to the processing of the Personal Data, or to either Party's compliance with the DPA,
it shall immediately notify Post Office Ltd in writing and shall provide Post Office Ltd with full
co-operation and assistance in relation to any such complaint, notice, communication or
required investigation, within the timescales required by Post Office Ltd,
10.9 The Operator shall ensure that all of its Personnel having access to any Personal Data:
10.9.1 are informed of and understand the confidentiality of the Personal Data;
10.9.2 have undertaken appropriate training in the handling and protection of personal data,
including as a minimum the data protection training specified in the Manual; and
10.9.3 are aware both of the Operator's duties and obligations and their personal duties and
obligations under the DPA and the Agreement.
10.40 The Operator shall take all reasonable steps to ensure the reliability of all Personnel who have
access to any Personal Data.
10.11 The Operator shall maintain proper records of all training undertaken by Personnel with
regard to the DPA, and shall allow Post Office Ltd to inspect any such records on request.
10.12 Notwithstanding references to Personnel in this clause 10, the Operator shall not sub-
contract the processing of Personal Data or allow any third party to process Personal Data.
10,13 The Operator shall not disclose Personal Data to any Customer or to a third party other than (
at the request of Post Office Ltd or to the extent authorised by the Agreement.
10.14 The Operator shall immediately notify Post Office Ltd in writing of any unlawful processing of
any Personal Data or if any Personal Data is disclosed or accessed in breach of the Agreement
or if any Personal Data is lost or destroyed or becomes damaged, corrupted, or unusable. The
Operator will promptly restore such Personal Data at its own expense.
10.15 On termination of the Agreement for whatever reason, the Operator shall immediately cease
to use or process any Personal Data and shall, at its own cost, at Post Office Ltd's sole
discretion and in accordance with Post Office Ltd's instructions;
10.15.41 return the Personal Data to Post Office Ltd, together with all copies of the
Personal Data in its possession or control; and/or
10.15.2 provide the Personal Data to a third party (which may include a Client or a New
Operator) as instructed by Post Office Ltd; and/or
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10.15,3 carry out a certifled destruction of the Personal Data,
10,16 The Operator shall not retain (and for the avoidance of doubt will ensure that its Personnel do
not retain) any copy of any part of the Personal Data, in any form or media, and will provide to
Post Office Ltd a certificate signed by the Operator, or a duly authorised officer of the Operator,
confirming its exacting compliance with the requirements of this clause 10.16.
14° Equality Act 2010 (EA) and health and safety
11.1 The Operator shall not, and shall take all reasonable steps to ensure that Personnel shall nat,
breach the requirements of the EA or the Equality Policy In respect of the Branch or the Branch
Premises.
11.2 The Operator shall be solely responsible on its own behalf and on behalf of Post Office Ltd, for
ensuring that;
11.2.1 the Branch and the Branch Premises;
11.2.2 the Operator's management of the Branch Premises; and,
11.2.3. the manner in which the Operator provides the Products and Services to the public
under the terms of the Agreement,
at all times comply with the requirements of the EA and the Equality Policy and failure to
comply with the EA and/or the Equality Policy will constitute a material breach of the
Agreement.
11.3 In order for the Operator to monitor its own compliance with the requirements of the EA and
the Equality Policy, and demonstrate compliance to Post Office Ltd, the Operator shall:
11.3.4 carry out regular self-audits to assess compliance with the EA and the Equality
Policy (at its own cost); and
11.3.2 provide a copy of the latest self-audit report to Post Office Ltd within 14 days of
receiving a request from Post Office Ltd and be prepared to discuss it with Post
Office Ltd if required; and
11.3.3 in any case, if the audit report shows that the requirements of the EA and/or the
Equality Policy are not being met then the Operator shall immediately inform Post
Office Ltd in writing; and shall comply with any instructions issued by Post Office Ltd
as a result, including ceasing to provide certain Products or Services until
compliance with its obligations under the EA and the Equality Policy has been
achieved.
11.4 The Operator shall:
11.4.1 co-operate fully with any and all monitoring and audit activities undertaken by or on
behalf of Post Office Ltd in order to assess compliance by the Operator with the EA
and the Equality Policy;
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11.4.2 if such monitoring or audit activity shows that the requirements of the EA and/or
the Equality Policy are not being met then the Operator shall comply with any
instructions issued by Post Office Ltd as a result, including ceasing to provide
certain Products or Services until compliance with its obligations under the EA and
the Equality Policy has been achieved.
The Operator shall:
14.5.4 notify Post Office Ltd in writing as soon as possible if it believes that any of the
Products and Services do not comply, or that there is a significant possibility that
they do not comply, with any of the requirements of the EA or the Equality Policy or
if it identifies any other breach of the EA or the Equality Policy in respect of the
Branch or the Branch Premises or considers it likely that any such breach will occur;
and
11.5.2 notify Post Office Ltd in writing as soon as possible and no later than 3 Working (
Days following receipt by the Operator of any enquiry, complaint or claim regarding
accessibility of the Branch Premises or the Products or Services or the treatment of
a particular Customer or group of Customers with a protected characteristic listed in
section 4 of the EA. For the avoidance of doubt, this includes any alleged failure of
the Operator and/or Post Office Ltd to comply with any requirement of the EA or
the Equality Policy and any complaint regarding the content or adequacy of the
Equality Policy, The Operator must provide such assistance with the response to or
defence of any such enquiry, complaint or claim as may reasonably be required by
Post Office Ltd and Post Office Ltd shall be entitled, but not obliged, to take over
and defend any legal proceedings arising from such a claim on behalf of the
Operator.
The Operator shall be solely responsible for ensuring that:
11.6.1 the Branch Premises; and
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11.6.2 the manner in which the Operator operates the Branch (including the provision of the
Products and Services to the public under the terms of the Agreement),
at all times comply with the requirements of the Health & Safety at Work Act 1974 including all
regulations made pursuant to Section 5 of that Act, the Regulatory Reform (Fire Safety) Order
2005 and all other health and safety legislation and regulations and any failure to comply will
constitute a material breach of the Agreement.
Confidentiality and contact with the media and public
The Operator shall keep confidential the System and the contents of the Agreement. The
Operator shall also keep confidential all Confidential Information obtained in the course of
performing its obligations under the Agreement and shall not disclose such information to any
person (except where necessary for the purposes of the Agreement to its own employees), but
this clause 12.1 shall not extend to information which:
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12.4.4, was rightfully in the possession of the Operator before the Commencement Date
and in respect of which the Operator is not subject to any other obligation of
confidentiality to Post Office Ltd;
12.1.2 is already public knowledge or becomes so at a future date {otherwise than as a
result of a breach of this clause 12.1); or
12.1.3 is required to be disclosed by law or any governmental or regulatory body.
The Operator shall ensure that its Personnel are aware of and comply with this clause 12.1.
Post Office Ltd shall not be liable for loss or damage for disclosing any information of a
confidential nature belonging to the Operator in accordance with the Freedom of Information
Act 2000.
The Operator shall not disclose information relating to postal packets passing through the post
except to the persons to whom such packets are addressed, other than where the relevant
service permits this or where required to be disclosed by law.
The Operator shall not use any website in the operation of, or in relation to, the Branch without
Post Office Ltd’s prior written consent, such consent not to be. unreasonably withheld.
Immediately following a request from Post Office Ltd, the Operator shall remove from any
website any content which relates to Post Office Ltd, any other member of the Post Office
Group or the Branch and which was placed on such website by or on behalf of the Operator.
The Operator shall help Post Office Group, or other postal operators which are Clients, to
ensure that all communications and items entrusted to them reach addressees promptly and
safely, and that they do not reach those not entitled to receive them.
The Operator shall not make any unauthorised use of Official Information. The Operator shall
not, unless with the permission of Post Office Ltd, make any document containing Official
Information the subject of legal proceedings.
Any request made to the Operator by the police, any other authority or by any other person for
Confidential Information shall be referred immediately to Post Office Ltd using the Network
Business Support Centre helpline referred to in the Manual.
The Operator shall immediately report to Post Office Ltd any case in which there appears to
have been a breach of clauses 12.1, 12.2 and 12.4 to 12.6 (inclusive).
All Confidential Information in any format must be returned by the Operator to Post Office Ltd
‘on request or must be securely disposed of in accordance with instructions issued by Post
Office Ltd,
The Operator shall not use any information available to It as a result of operating the Branch
for the benefit of its private interests (including In relation to the Basic Business or any other
business of the Operator).
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12.10 Post Office Ltd has a duty to safeguard its own interests and those of any person involved in its
business (including any Client) in relation to material that is published in the media. The Public
Relations department of Post Office Ltd is primarily responsible for:
12.10,1 deciding whether Post Office Ltd should enter into public correspondence, and
12.10,2 ensuring fair and accurate presentation of facts about Post Office Ltd and its business,
and no other person (including the Operator and any Assistant) is entitled to comment publicly
on such matters. In particular, any untrue, ill-informed or reckless comment will be challenged
by Post Office Ltd. While recognising the right of any person to comment publicly on matters of
general interest, Post Office Ltd expects the Operator and any Assistants who may wish to
comment publicly upon matters affecting Post Office Ltd to exercise this right in a responsible
manner. The Operator must ensure that when communicating with the press or offering
comment which may be published, or broadcast on radio or television, that his comments do
not go beyond the accepted bounds of propriety and are not likely to cause embarrassment or
to rnislead the public. The Operator should seek the guidance of Post Office Ltd in the case of
any doubt,
12.11 If the Operator wishes to communicate with the media he must comply with the following:
12.11.1 under no circumstances should any information or data:
{a) relating to the processes, operational procedures and rules of Post Office Ltd;
(b) relating to Clients and/or Customers and their transactions, including
information relating to a narned individual; and/ or
(c) of a financial nature in relation to the Branch, Post Office Ltd, its business or
Post Office Group or its business,
be disclosed. For the avoidance of doubt, this clause 12.14.14 shall not prevent the
Operator from discussing operational rnatters relating to the Branch with a
representative of the NFSP nor prevent any Operator, acting in his capacity as an
officer of the NFSP, from discharging his duties, including by making reasonable and
responsible statements to the media, provided that any such statements are in
accordance with the requirements of clauses 12,11.2 and 12.11.3;
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12.11.2 any views and opinions expressed publicly by the Operator must not bring Post
Office Ltd, any Client or Customer or any other operator of a Post Office® branch
or any employees of any such persons into disrepute; and
12.41.3 unless otherwise authorised by Post Office Ltd, the Operator must make it clear
that any comments are made in the Operator's private capacity (which may be as
an officer of the NFSP) and are not made on behalf of Post Office Ltd or any Client
or Customer,
12,42 The Operator shall exercise particular care if offering any spontaneous comment to the press,
broadcasting reporters or interviewers.
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The Operator shall not, in a manner which is damaging or hostile to Post Office Ltd, its
business, the Branch or the Clients or which is in breach of the obligation of confidence
contained in the Agreement:
1213.4 publish any document, book, play or article;
12.13,2 broadcast or make any comment or statement on radio, television or the internet:
12.13.3 produce or exhibit a film or photographs;
12,13.4 give a talk or lecture;
12.13.5 publish a blog or post any comment using social media; or
12.13.6 take part in a public discussion by any means.
The Operator shall not, without the prior written permission of Post Office Ltd, write to or
interview members of the public in relation to the Branch or any other matter relating to Post
Office Ltd or any Clients or Customers other than for the purpose of correcting any error made
by the Operator in the operation of the Branch,
Reimbursement
The Operator shall reimburse Post Office Ltd in full on demand for all losses, claims, demands,
proceedings, liabilities, costs and expenses (including reasonable legal costs and expenses)
incurred by Post Office Ltd as a result of:
13.1.4 any negligence or breach of the Agreement by the Operator or its Personnel;
13.1.2 any misuse or infringement of any Intellectual Property of any third party by the
Operator or its Personnel; and/or
13.4.3 any claim brought under the EA and/or its regulations in respect of the Branch,
Insurance
In relation to the operation of the Branch and the Basic Business, the Operator shall take out
and maintain, at its own expense, insurance with a reputable insurance company in relation to
the risks and liabilities of operating the Branch and the Basic Business. Such insurance will
cover as a minimum and for an appropriate amount:
14.4.1 all risks which the Operator is obliged by law to insure against in order to operate
the Branch and the Basic Business, including employer's liability insurance;
14.4.2 liability in respect of claims brought by Customers and third parties (including third
party contractors, third party suppliers and visitors to the Branch Premises)
including public tiability insurance; and
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14,13 damage to or destruction of the Branch Premises or the fixtures and fittings at the
Branch Premises,
Where requested, the Operator shall provide Post Office Ltd, on demand, with such policy or
policies taken out in accordance with clause 14.1 above together with such evidence that the
then current premiums have been paid.
Post Office Ltd shall bear no responsibility for insuring any of the Operator's obligations and
liabilities under the Agreement, or for insuring the Branch, the Branch Premises or the
Equipment and shall not make any financial contributions towards the payment of any
insurance premiums.
Post Office Ltd requires the Operator to consider taking out insurance to cover the death, injury
or illness of any key Personnel in the Branch,
Suspension
Post Office Ltd may suspend the Operator from operating the Branch (and/or, acting
reasonably, require the Operator to suspend all or any of its Assistants engaged in the Branch
from working in the Branch), where Post Office Ltd considers this to be necessary in the
interests of Post Office Ltd as a result of:
15.1.1 the Operator and/or any Assistant being arrested, charged or investigated by the
police or Post Office Ltd in connection with any offence or alleged offence;
15.4.2 civil proceedings being brought against the Operator and/or any Assistant; or
15.1.3 there being grounds to suspect that the Operator is insolvent, to suspect that the
Operator has committed any material or persistent breach of the Agreement, or to
suspect any irregularities or misconduct in the operation of the Branch, the Basic
Business or any other Post Office® branches with which the Operator and/or any
Assistant is connected (including any financial irregularities or misconduct),
During the period of any suspension, whether under clause 15.1 or otherwise, Post Office Ltd
may;
15.2.1 suspend payment of all sums due to the Operator under the Agreement;
15.2.2 with the agreement of the Operator appoint a temporary substitute for the Operator to
operate the Branch from the Branch Premises, in which case any Fees in relation to
Transactions carried out at the Branch will be paid by Post Office Ltd direct to such
temporary substitute; and
15.2.3 to the extent such costs have been agreed with the Operator, deduct its costs incurred
in appointing a temporary substitute together with any other costs and expenses
incurred by Post Office Ltd as a result of the suspension from any payments due to the
Operator under the Agreement.
Post Office Ltd shall initially meet the cost of appointing the temporary substitute but shall be
entitled to recoup some or all of such cost from the Operator in accordance with clause 15.2.3
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or otherwise. Following the end of the period of suspension, Post Office Ltd may, in its
discretion taking into account the relevant circumstances, agree to pay to the Operator all or
part of such sums as have been suspended in accordance with clause 15.2.1,
15.3 Following the Operator's suspension, whether under clause 15.1 or otherwise, the Operator
shall at its own cost and expense promptly take all reasonable steps to enable Post Office Ltd
to maintain access for Customers during the period of suspension to Products and Services.
16 = Termination
16.1 Following the Commencement Date the Agreement will continue until:
16.44 either Party gives to the other not less than 6 months’ written notice (unless
otherwise agreed between the Parties in writing), which cannot be given so as to
expire before the first anniversary of the Start Date; or
16.1.2. it is terminated at any time in accordance with its terms.
16.2 In addition to any other rights of termination contained in other Parts, Post Office Ltd may
terminate the Agreement immediately on giving written notice to the Operator if the Operator:
16.2.4 commits any material breach of the provisions of the Agreement or any other
contract or arrangement between the Parties and fails to remedy the breach (if
capable of remedy) within 14 days of a written hotice from Post Office Ltd
specifying the breach and requiring the same to be remedied. Any references in
these Standard Conditions to a breach of a particular obligation by the Operator
being deemed to be material and/or irremediable are not intended to be exhaustive
and shall not prevent Post Office Ltd from exercising its rights under this clause in
respect of any other breach of the Agreement which is material and/or irremediable;
16.2.2 fails to provide the Products or Services to the standards required by Post Office Ltd
as set out in the Manual and fails to remedy the failure (if capable of remedy) within
14 days of a written notice from Post Office Ltd specifying the failure and requiring
the same to be remedied;
16.2.3 ceases to operate the Basic Business;
16.2.4 prior to entering into the Agreement, provided Post Office Ltd with any false or
misleading information or omits any material fact;
16.2.5 is a company and the Operator: becomes insolvent, enters into liquidation, whether
compulsorily or voluntarily, otherwise than for the purpose of amalgamation or
reconstruction or if an administration order is made in respect of the Operator;
16.2.6 is a single director company and the director: dies; or by reason of illness or
incapacity (whether mental or physical), becomes incapable of managing the
Operator's affairs or becomes a patient under any mental health legislation;
16.2.7 is an individual and the Operator: becomes the subject of a bankruptcy petition or
order; dies; or by reason of illness or incapacity (whether mental or physical),
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becomes incapable of managing his own affairs or becomes a patient under any
mental health legislation;
16.2.8 is a partnership and the partnership is dissolved;
16.2.9 makes any arrangement or composition with its creditors or shall have a receiver
(including an administrative receiver) or administrator appointed over all or any part
of its assets or if the Operator takes any similar action in consequence of debt;
16.2.10 has failed to acquire or enter into a Valid Property Interest prior to taking up
occupation of the Branch Premises;
16.2.11 changes the use of the Branch Premises in contravention of the terms of the Valid
Property Interest;
16.212 commits any other breach of the terms of, or the requirement to have, a Valid (
Property Interest and/or commits any breach of the Operator's interest in the
Branch Premises being a breach of any tenancy lease or freehold interest which
could give rise to the termination of that interest or which could render the
Operator unable to comply with all the terms of the Agreement;
16.213 itself, or the Manager or a director of the Operator, is charged with any criminal
offence (other than a Road Traffic Offence not involving imprisonment);
16.2.4 — challenges the validity of any of the Post Office Intellectual Property or the title of
Post Office Ltd or Post Office Group to the Post Office Intellectual Property;
16.2,15 fails to properly account for any money due to, or stock of, Post Office Ltd or the
Clients; or
16.2.16 fails to pay any sum due to Post Office Ltd under the Agreement by the due date.
16.3 If any Manager or Assistant does not at all times attain a standard acceptable to Post Office iq
Ltd, and the Operator is unable or refuses to provide a substitute Manager or Assistant who
does meet the standard, Post Office Ltd shall have the right upon notice in writing to the
Operator to immediately terminate the Agreement.
16.4 If the Operator has come under the control of a person unacceptable to Post Office Ltd, Post
Office Ltd may terminate the Agreement on such notice as it deems appropriate within 3
months of becoming aware of such change in control. For these purposes control means the
ability to require, directly or indirectly, compliance in another person whether by the exercise of
voting rights, contractual rights or otherwise,
16.5 The Operator shall promptly notify Post Office Ltd in writing of any circumstances which would
give Post Office Ltd a right to suspend or terminate the Agreement.
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17.1 If notice to terminate the Agreement is provided by Post Office Ltd in accordance with clause
16,2, the Operator shall, if Post Office Ltd and the Operator agree in writing, continue to
operate the Branch on behalf of Post Office Ltd for a period of up to three months,
commencing on the date agreed between the Parties. The terms of the Agreement shall
continue to apply during such period and, for the avoidance of doubt, Post Office Ltd shall
continue to pay the Fees and any other amount which may be due in respect of the operation
of the Branch.
17.2 As soon as possible following the date on which any notice to terminate the Agreement is given
by either Party and until 6 months following the date of termination (or such other period as
Post Office Ltd shall specify), the Operator shall prominently display at the location and in the
form specified by Post Office Ltd a notice showing the address of the closest Post Office®
outlets, :
17,3 If the Operator stops operating the Branch in breach of the Agreement, the Operator shall
(without prejudice to any other rights or remedies which Post Office Ltd may have under the
Agreement or otherwise) reimburse Post Office Ltd in full on demand for any costs, liabilities,
losses, claims, damages and expenses incurred by Post Office Ltd as a result of such breach,
which may include any costs incurred in the appointment of an alternative operator to provide
continuity of service to Customers in the area.
17.4 Immediately upon the termination of the Agreement, the Operator shall, subject to any
agreement between the Operator and Post Office Ltd pursuant to clause Error! Reference
source not found:
17.4.1 stop operating the Branch;
17.4.2 stop using Post Office Intellectual Property and any signs and other display or
advertising matter (including Licensed Materials) indicative of Post Office Ltd or of
any association with Post Office Ltd and deliver up the Licensed Materials to Past
Office Ltd;
17.4.3 at its own expense, deliver up to Post Office Ltd (and/or at Post Office Ltd's
request, to any New Operator, Post Office Ltd's supplier or Client):
(a) all money due to or held in trust for Post Office Ltd and/or its Clients; and
(b) all stocks of the Products; and
(c) all such other property of Post Office Ltd as is in the Operator's possession
(including, unless otherwise specified in writing by Post Office Ltd, any Post
Office Ltd Funded Equipment and the Manual),
free of any cost or charge to Post Office Ltd;
17.4.4 where requested by Post Office Ltd, and at the Parties’ equally shared expense,
join with Post Office Ltd in cancelling any permitted user of Post Office Intellectual
Property, If the Operator fails to do this, Post Office Ltd is irrevocably appointed
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the agent of the Operator with full authority to give such notice to the Registrar of
Trade Marks on behalf of the Operator;
17.45 at its own expense, make changes to signs and other display or advertising matter,
at the Branch Premises as Post Office Ltd shall reasonably direct to ensure that
the Branch Premises no longer indicates any connection with Post Office Ltd, the
Products or Services or the Network, If within 14 days of such direction the
Operator fails to make any such change then Post Office Ltd may enter into the
Branch Premises (without incurring any liability to the Operator) and without the
consent of the Operator, make any such change at the expense of the Operator.
The Operator shall pay such expenses to Post Office Ltd on demand; and
17.4.6 pay to Post Office Ltd all sums of money owed by the Operator to Post Office Ltd.
17.5 Post Office Ltd shall make safe any physical damage to the Branch Premises caused by Post
Office Ltd’s exercise of its rights under this clause 17, in particular in relation to the removal of
any branding, signage and Equipment. However, the Operator shall be responsible for the costs
which Post Office Ltd incurs in so doing where the Agreement has been terminated by the
Operator on 6 months’ notice in accordance with clause 16.1 of this Part 2 or by Post Office
Ltd in accordance with clause 16.2 of this Part 2.
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17.6 On the termination of the Agreement, the Operator shall reimburse Post Office Ltd (or, as
appropriate, any New Operator) on demand in relation to any:
17.6.4. Staff Liabilities incurred by Post Office Ltd (or, as appropriate, any New Operator}
and resulting from or connected with the employment or engagement of any
Personnel on or before the termination of the Agreement;
17.6.2 reasonable costs incurred by Post Office Ltd (or, as appropriate, any New
Operator) in making redundant any Assistants whose contracts of employment
transfer to Post Office Ltd (or, as appropriate, any New Operator) by reasan of the
Transfer of Undertakings (Protection of Employment) Regulations 2006.
17.7 The Operator shall not during any notice period to terminate the Agreement, except with the
prior written consent of Post Office Ltd:
17.7.4 alter in any material respect the terms and conditions of employment of any of the
Assistants engaged wholly or mainly at that time in the operation of the Branch
{the Relevant Assistants) (including any Increase in salary, wages or other
emoluments (whether pursuant to a general review or otherwise) where the effect
of such increase would be to increase the annual salary, wages or other
emoluments of any Relevant Assistants to an annual level above the market rate
paid to such personnel across the industry);
17.7.2 assign any member of the Operator's staff (not already engaged in operating the
Branch as an Assistant) to the operation of the Branch; or
17.73 engage new employees as Relevant Assistants except to directly replace Relevant
Assistants who have left the Operator's employment,
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The Operator agrees that that during any notice period to terminate the Agreement it shall,
subject to any applicable data protection legislation and any other applicable laws, on Post
Office Ltd’s reasonable written request, provide to Post Office Ltd, or at Post Office Ltd's
direction, a New Operator, within 2 weeks from the date such request, full written details of the
identity and terms and conditions of employment of the Relevant Assistants (and any other
person who is subsequently assigned to or engaged in the operation of the Branch).
The Operator shall co-operate (and use all reasonable endeavours to procure co-operation
from its Personnel) in the orderly transfer of employment of any Personnel whose contracts of
employment transfer to any new employer by virtue of the Transfer of Undertakings
(Protection of Employment) Regulations 2006.
The termination of the Agreement will not affect the coming into force or the continuation in
force of any of its provisions which expressly or by implication are intended to come into force ~
or continue in force on or after the termination.
The Operator acknowledges that he shall not be entitled to receive any compensation or other
sums in the event of the termination or suspension of the Agreement.
Bribery Act 2010
Post Office Ltd requires all operators to be aware of their responsibilities under any applicable
anti-bribery and anti-corruption legislation. The Operator shall, and shall procure that any
associated person shall:
18.1.4 comply with all applicable laws and regulations relating to anti-bribery and anti-
corruption including the Bribery Act 2010 and any codes of practice or policies
issued by Post Office Ltd to the Operator from time to time during the Term;
18.1.2 not do anything which would constitute an offence under the Bribery Act 2040 if it
had been done in the UK;
18.1.3 promptly report to Post Office Ltd any breach, or suspected breach of this clause,
and any request or demand for any undue financial or other advantage of any kind
received by the Operator in connection with the performance of the Agreement.
Any breach of this clause 18 by the Operator shall be deemed a material breach of the
Agreement which cannot be remedied for the purposes of clause 16.2.1.
For the purpose of this clause, the meaning of associate persons and adequate procedures shall
be determined in accordance with the Bribery Act 2040 (and any guidance issued under that
Act) and associated persons shall include any Assistant or Personnel.
No transfer of the Agreement
The Operator shall not transfer, assign, charge, sub-contract or otherwise deal with the
Agreement in any way. On termination of the Agreement, the appointment of any New
Operator shall be entirely at the discretion of Post Office Ltd. Post Office Ltd may, but shall not
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be obliged to, consider any application for the operation of a Post Office branch at the Branch
Premises made by a genuine prospective purchaser of the Basic Business and the property
interest at the Branch Premises, but any such prospective purchaser shall not be given
preferential treatment in the application or appointment process,
Entire agreement and Notices to Amend
The Agreement constitutes the entire agreement between the Parties with respect to its
subject matter, No representations or agreements, oral or otherwise, between the Parties not
included within the Agreement shall be of any force or effect.
{n addition to any other rights in the Agreement, Post Office Ltd may amend the terms of the
Agreement at any time providing it has given a Notice to Amend to the Operator.
Notwithstanding the foregoing, Post Office Ltd reserves the right to amend the Agreement on a
shorter period of notice to the Operator if such amendment is being made to comply with any
statutory or regulatory requirement, and shorter notice is necessary to comply with that (
requirement, The Operator may, notwithstanding clause 16.1 of this Part 2, terminate the
Agreement by giving 3 months’ written notice to Post Office Ltd within 1 month of receipt of a
Notice to Amend.
Notices
Unless atherwise specified in the Agreement, any notice to be given in respect of the
Agreement shall be in writing and may be delivered personally by hand or posted by pre-paid
special delivery post addressed to Post Office Ltd or the Operator as appropriate at:
21.4.4 in the case of Post Office Ltd, Contracts Admin Team, Post Office Ltd, Upper Floor,
6-16 The Markets Post Office, New York Street, Leeds, LS2 7DZ;
24.1.2 in the case of the Operator, the address for the Operator specified in the Preface,
or such other address as the relevant Party may have notified to the other in writing.
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Choice of Law and Jurisdiction
The Agreement shall be governed and construed according to the law of England and the
Parties agree to submit to the exclusive jurisdiction of the English Courts.
Miscellaneous
If any provision of the Agreement is invalid, illegal or incapable of being enforced by reason of
any rule of law or public policy, that provision shall be severed; all other provisions of the
Agreement shall remain in full force and effect.
No failure or delay by Post Office Ltd in requiring performance by the Operator of any provision
of the Agreement shall in any way affect the right of Post Office Ltd to enforce such provision,
The waiver by Post Office Ltd of any breach of any term of the Agreement shall not be taken or
held to be a waiver of any further breach of the same or any other term.
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The rights and remedies provided by the Agreement are cumulative and (except as otherwise
provided in the Agreement) are not exclusive of any rights or remedies provided by law.
If there is any inconsistency between the Conditions of Appointment, the Standard Conditions
and the Manual (in its current form as at the date of the Agreement), then the following order
of precedence shall apply:
23.4.1 the Conditions of Appointment;
23.4.2 the Standard Conditions; and
23.4.3 the Manual,
If there is any inconsistency between:
23.5.1 the Agreement; and
23.5.2 any amendment to the Manual after the Commencement Date,
then such amendment shall prevail.
Where in the Agreement there is reference to any matter to be specified by Post Office Ltd,
notice of such specified requirements may be communicated by way of amendment or addition
to the Manual. In any event, such notice shall be in writing but may be sent or published using
electronic means.
If any one or more of the terms of the Agreement is held to be invalid or unenforceable by a
Court of competent jurisdiction but would be valid if part of the wording was deleted.then the
term(s) shall apply with the minimum modifications necessary to make them valid and effective,
It is intended and understood by the Parties that any invalidity or unenforceability will not affect
the application of the remaining obligations in the Agreement.
Interpretation
In the Agreement unless the context requires otherwise:
24.4.1 words denoting the singular include the plural and vice versa and words denoting
any gender include every gender;
24.1.2 references to a person include any corporate or unincorporated body;
24.1.3 the headings in the Agreement do not affect its interpretation;
24.1.4 the terms including, include, in particular or any similar expression shall be
construed as illustrative and not limiting;
24.1.5 unless otherwise specified, a reference to a statutory provision is a reference to that
provision as amended, consolidated, extended or re-enacted from time to time
(whether before or after the date of the Agreement) and to any subordinate
legislation made under it.
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PART 3 - FINANCIAL DETAILS
Equipment, Works and Funding
The Operator shall be responsible for the cost of the Operator Funded Works and the Operator
Funded Equipment and for ensuring that they are carried out or obtained in accordance with
the Agreement.
Post Office Ltd shall be responsible for the cost of the Post Office Ltd Funded Works up to the
Investment Amount and for the costs of obtaining and installing the Post Office Ltd Funded
Equipment, in accordance with, and subject to, the process outlined in this clause 1. In addition,
Post Office Ltd shall also be responsible for the costs of any making safe or associated works at
the Branch Premises that are required as a result of the removal of Post Office Ltd's equipment
by Post Office Ltd's contractors, up to the amount agreed in writing by Post Office Ltd, and in C
any event capped at a maximum of £1,000 (inclusive of VAT). For the avoidance of doubt,
where such an amount is agreed by Post Office Ltd, it shall be in addition to the Investment
Amount. Any cost of making safe or any associated works in excess of such agreed amount
shall be borne by the Operator, Clause 4.5 of this Part 3 shall apply to these works.
Post Office Ltd shall be responsible for ensuring that each item of the Post Office Ltd Funded
Equipment is obtained and installed in the Branch Premises in accordance with the Agreement
and in particular, entering into contracts with the relevant suppliers and contractors for the
supply and installation of the Post Office Ltd Funded Equipment and making payment directly.
to such suppliers and contractors engaged by Post Office Ltd.
The Operator shalt be responsible for ensuring that each element of the Post Office Ltd Funded
Works is carried out in accordance with the Agreement unless Appendix 1 to the Preface
specifically and expressly indicates that Post Office Ltd is responsible for arranging any element
of the Post Office Ltd Funded Works.
Where the Operator is responsible for ensuring that any Post Office Ltd Funded Works are
carried out, the Operator will:
1.5.1 _ prior to the Commencement Date, have obtained, in accordance with the instructions
and format prescribed by Post Office Ltd (including as to the number of quotes that the
Operator is required to provide), quotes for each part of the Post Office Ltd Funded
Works that the Operator is required to arrange, for Post Office Ltd to review and
approve.
For the avoidance of doubt:
(a) Post Office Ltd's approval of a quote is not an approval of the relevant contractor
or its work; and
(b) the Operator shalt only engage a contractor in relation to whom it has provided a
quote to Post Office Ltd in accordance with this clause 1.5.1;
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1.5.2 having received from Post Office Ltd, in writing, approval of the relevant quotes and/or
confirmation of the amount which Post Office Ltd is willing to spend on the Post Office
Ltd Funded Works which the Operator is responsible for arranging, and subject to any
obligations in relation to the start of the Post Office Ltd Funded Works in the Preface,
enter into contracts with the relevant contractors for the supply of those Post Office
Ltd Funded Works which the Operator is responsible for arranging;
1.5.3 — ensure that the Post Office Ltd Funded Works which the Operator is responsible for
arranging are completed with reasonable care and skill by reputable, competent
contractors which hold all necessary qualifications, registrations, accreditations and
certificates in order to be able to carry out the Post Office Ltd Funded Works, and.
which have in place insurance that, as a minimum, covers all risks which the contractor
is obliged by law to insure against. If requested by Post Office Ltd the Operator shall
provide reasonable evidence of any such qualifications etc, and insurances to Post
Office Ltd;
1.5.4 — notwithstanding any other provision of the Agreement or Appendix 1 to the Preface, at
Post Office Ltd's request, the Operator shall engage Post Office Ltd’s preferred
contractors to undertake that part of the Post Office Ltd Funded Works (if any) which
the Operator is responsible for arranging; and
1.5.5 — subject to clause 1.6 of this Part 3, pay the relevant contractors directly for their work,
Subject to clause 1.7 of this Part 3, Post Office Ltd shall reimburse the Operator for the costs
actually incurred by the Operator in respect of the Post Office Ltd Funded Works which the
Operator is responsible for arranging, up to the Investment Amount, and any making safe or
associated works agreed by the Parties in accordance with clause 1.2 of this Part 3, provided
that:
1.6.1 at the time of seeking reimbursement, the Operator must provide Post Office Ltd with
a valid VAT invoice from each of the Operator's contractors, identifying a breakdown of
work, together with evidence acceptable to Post Office Ltd that the Operator has paid
such invoices; :
1.6.2 Post Office Ltd is satisfied that the Post Office Ltd Funded Works have been carried out
to the required standard, in accordance with the relevant specification and completed
on time and the Operator shall allow Post Office Ltd or its agents access to the Branch
Premises to enable it to make an inspection for this purpose;
1.6.3 _ if the total costs of the Post Office Ltd Funded Works are more than the Investment
Amount (or in the case of any making safe or associated works, the amount agreed by
the Parties in accordance with clause 1.2 above) and Post Office Ltd incurs the excess
cost, Post Office Ltd shall invoice the Operator for such excess cost and the Operator
shall reimburse Post Office Ltd within 7 days of the date of such invoice; and
1.6.4 _ if the actual final cost of the Post Office Ltd Funded Works (as determined by Post
Office Ltd on production by the Operator where required of all relevant documents,
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including receipts, invoices etc.) is less than the Investment Amount, the Investment
Amount due from Post Office Ltd shall be reduced accordingly.
{f the anticipated costs of the Post Office Ltd Funded Works are higher or likely to be higher
than the Investment Amount because of unforeseen circumstances (for example, if asbestos is
found at the Branch Premises), or any additional works are required, the Operator will promptly
notify Post Office Ltd, The Parties shall discuss any such additional anticipated costs prior to
such costs being incurred, and endeavour to agree which of the Parties shall be responsible for
meeting the costs. For the avoidance of doubt, Post Office Ltd shall not in any circumstances be
liable for the cost of any Post Office Ltd Funded Works or additional works (whether arranged
by Post Office Ltd or the Operator) in excess of the Investment Amount, unless otherwise
expressly agreed in writing by Post Office Ltd.
Repayment of Set Up Costs
If the Agreement is terminated at any time prior to, or within 18 months of the Start Date,
then unless:
2.1.1 the termination of the Agreement was by Post Office Ltd in accordance with clause
16.1.4; or
2.4.2 a New Operator is appointed by Post Office Ltd at the Branch Premises,
the Operator shall, if required by Post Office Ltd, on demand, pay to Post Office Ltd a
proportion of the Set Up Costs incurred by Post Office Ltd in respect of the Agreement.
For the purposes of this clause 2, Set Up Costs means the costs incurred by Post Office Ltd in
relation to the Post Office Ltd Funded Works, the Post Office Ltd Funded Equipment and any
other costs incurred by Post Office Ltd in respect of the Operator, the Branch and the Branch
Premises pursuant to the Agreement prior to the Start Date,
The amount to be paid under clause 2.1 shall be calculated by pro-rating the total Set Up Costs
in the same proportion as the number of days from the date of termination to the date falling
18 months after the Start Date bears to the full 18 month period, but in any event the pro-
rated amount to be paid by the Operator shall not be more than £8,000, Post Office Ltd will
notify the Operator in writing of the pro-rated amount owed and provide a breakdown of the
relevant Set Up Costs, For the avoidance of doubt, where the Agreement is terminated prior to
the Start Date, or prior to Post Office Ltd notifying the Operator of the Start Date in accordance
with the Preface, the Operator shall repay any Set Up Costs to Post Office Ltd in full.
Fees Booklet
The Fees Booklet (and the Products, Services and Fees referred to in it) may be varied by Post
Office Ltd at any time by an amendment or addition to the Fees Booklet or otherwise by
written notification by Post Office Ltd to the Operator, Any such amendment or addition to the
Fees Booklet shall take effect on the date set out in the notification to the Operator, and it is
acknowledged that any such change may take effect immediately,
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The Operator acknowledges that it shall not be entitled to receive any compensation or other
sums in the event of any variation to the Fees Booklet (and the Products, Services and Fees
referred to in it),
Those Products and Services listed in the Fees Booklet and marked with an asterisk (*) (Direct
Sale Products and Services) are those in respect of which either:
3.3.1 — sales cannot be concluded in the Branch by the Operator and/or its Assistants but can
only be concluded as a result af Customers subsequently contacting internet websites
or call centres operated on behalf of Post Office Ltd; or
3.3.2 (where Post Office Ltd has specified this to the Operator in writing in respect of any
Direct Sale Product or Service), sales can be concluded both in the Branch and as a
result of Customers subsequently contacting internet websites or call centres operated
on behalf of Post Office Ltd,
In relation to Direct Sale Products and Services, the references in the Fees Booklet to “per
Transaction”, “per policy”, “per bond”, “per £1 sales”, “per loan” etc. are references to the actual
conclusion of the sale of the relevant Direct Sale Product or Service, whether through such
websites or call centres or (where Post Office Ltd has specified in accordance with clause 3.3.2
of this Part 3) in the Branch, and do not refer merely to any introduction of Customers to the
Direct Sale Product or Service made by the Operator or its Assistants in the Branch,
Provided that the Operator complies with the Agreement, Post Office Ltd will pay the Operator
the Fees as follows:
3.4.1 the Fees payable in respect of each Transaction (or series of Transactions) of Direct
Sale Products and Services which is attributable to an introduction made by the
Operator or its Assistants, shall be paid no later than 3 calendar months following the
date on which the sale of the Direct Sale Product or Service is concluded;
3.4.2 the Fees payable in respect of each Transaction (or series of Transactions) of all
Products and Services conducted using a Horizon, paystation™ or other terminal shall
be paid by the end of the calendar month following the Accounting Period in which the
relevant Transaction (or series of Transactions) took place,
For the avoidance of doubt, and without prejudice to any provision in the Fees Booklet, Post
Office Ltd shall not pay any Fees to the Operator in respect of any Transaction which Post
Office Ltd reasonably believes to have been undertaken by the Operator (or any Assistant) with
a view to artificially inflating the Fees (and where such Fees have already been paid by Post
Office Ltd, Post Office Ltd shall be entitled to deduct an equivalent amount from any future
payment due to the Operator).
Unless otherwise specified in the Preface with regard to the Fees payable in the first and
second Accounting Periods following the Start Date:
3.5.1 the amount of Fees payable from the Start Date shall be a variable monthly payment,
calculated on a “per Transaction” basis in accordance with clauses 3.4.1 to 3.4.2 of this
Part 3 and in accordance with the Fees Booklet; and
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3.5.2 the Operator shall not be entitled to receive Fees after the date of termination of the
Agreement for Transactions carried out during the last one (4) Accounting Period of
the Term. The Operator acknowledges that this is reasonable in view of either the First
Fees Payment(s) made by Post Office Ltd to the Operator in accordance with the
Preface (if any) or the Fees otherwise paid to the Operator in the first two calendar
months in respect of transactions carried out at the Branch by the Existing
Subpostmaster prior to the Start Date. The Operator may receive Fees in the last
calendar month during the Term for Transactions carried out in preceding Accounting
Periods,
lf the Operator is not registered for VAT on the Commencement Date and is subsequently
required to register for VAT he shall do so and shall notify Post Office Ltd of the registration in
a timely manner. If the Operator fails to register for VAT when required to do so or fails to
promptly notify Post Office Ltd of his VAT registration, the Operator, and not Post Office Ltd,
shall be responsible for the value of any claim from HMRC for VAT on the payments made to
the Operator under the Agreement and the Operator shall reimburse Post Office Ltd on
demand and in full in respect of any such claim.
Where the Operator is registered for VAT, the Fees are exclusive of any VAT (which shall be
payable by Post Office Ltd in addition where applicable).
Post Office Ltd and the Operator agree that a self-billing arrangement will operate in respect of
the Fees due under the Agreement. Therefore the Parties agree that:
3.8.1 Post Office Ltd will issue self-billing invoices showing the Operator's name, address
and VAT registration number (where applicable), together with all other details which
constitute a full VAT invoice, for the Fees due to the Operator;
3.8.2 the Operator will accept each self-billing invoice raised by Post Office Ltd and agrees
not to raise VAT invoices for Fees due to it under the Agreement;
3.8.3 the Operator shall promptly notify Post Office Ltd if it becomes aware of any error in
the amount of VAT (if any) shown on any self-billing invoice produced by Post Office
Ltd;
3.8.4 — the self-billing arrangement will continue until the termination of the Agreement;
3.8.5 Post Office Ltd will inform the Operator if the issue of self-billing invoices is to be
outsourced to a third party;
3.8.6 the Operator will provide Post Office Ltd with its VAT registration number and will
notify Post Office Ltd immediately if it changes its bank details, becomes VAT
registered, changes its VAT registration number, ceases to be VAT registered, or sells
the Basic Business or part of the Basic Business;
3.8.7 the Operator is responsible for accounting to HMRC for the output VAT (if applicable)
shown on each self-billing invoice produced by Post Office Ltd.
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Training costs
The cost of the initial training referred to in clauses 2.3 and 2.5 of Part 2 shall be met by Post
Office Ltd in accordance with those clauses. The cost of all other training provided by or on
behalf of Post Office Ltd in respect of the Branch shall be met by the Operator. Such cost shall
be as notified to the Operator at the time and shall be payable by the Operator to Post Office
Ltd within 7 days of receipt of an invoice,
No benefit received from an Existing Subpostmaster
The Operator warrants to Post Office Ltd that it has not given to, or received from, the Existing
Subpostmaster (or any Connected Person on behalf of or connected with the Existing
Subpostmaster) any benefit in money or money's worth in connection with the Operator's
appointment pursuant to the Agreement. A breach of this clause 5.1 shall amount t to. am material
breach which cannot be remedied for the purposes of clause Fork fe ce’ i
fauna! of Part 2.
For the avoidance of doubt, clause 5.1 shall not prevent the Operator from paying a full market
price, on a proper commercial and arm's length basis, to the Existing Subpostmaster (or any
Connected Person) in connection with:
5.2.1 obtaining a Valid Property Interest in the Branch Premises; and/or
5.2.2 the purchase of the retail business previously operated by the Existing Subpostmaster
from the Branch Premises,
provided that no part of such payment relates to the opportunity to operate the Branch. If
requested by Post Office Ltd at any time, the Operator shall provide all such information and
supporting evidence as Post Office Ltd may reasonably require in relation to any payment made
by the Operator to the Existing Subpostmaster (or any Connected Person) in accordance with
this clause 5,2.
For the purposes of this clause 5, Connected Person means, in relation to the Existing
Subpostmaster:
53.4 his spouse, civil partner or any person with whom he is or has been in a long term
relationship;
5.3.2 any person who is or has been related by blood, marriage, adoption or civil
partnership to him;
533 a trustee of a trust (excluding an employee's share scheme or a pension scheme) of
which the beneficiaries or potential beneficiaries include him or any of the persons
mentioned in clauses 5.3.1 and 5.3.2 of this Part 3;
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5.3.4 any person, partnership or company which has a legal or beneficial interest in the
premises from which the Existing Branch has been operated;
5.3.5 any person, partnership or company who has a legal or beneficial interest in any
residual retail (or other) business operated from the premises from which the Existing
Branch has been operated;
53.6 a company where any of the officers, shadow officers or shareholders of the company
or any company in its Group include him or any of the persons mentioned in clauses
5.3.1 to 5.3.5 of this Part 3 (inclusive);
53.7 a partnership (or partner in a partnership) in which any of the partners include him or
any of the persons mentioned in clauses 5.3.4 to 5.3.5 of this Part 3 (inclusive); or
53.8 a limited liability partnership in which any of the members include him or any of the
persons mentioned in clauses 5.3.1. to 5.3,5 of this Part 3 (inclusive).
Recovery of Investment Amount and of sums due
In this clause 6.1, Purpose shall mean paying suppliers for the Post Office Ltd Funded Works
and/or making safe or associated works at the Branch Premises (as applicable), If the
Investment Amount paid by Post Office Ltd to the Operator or any additional amount paid by
Post Office Ltd to the Operator in accordance with clause 41.2 of this Part 3, has not been
wholly used by the Operator for the Purpose, Post Office Ltd may reclaim (pursuant to clause
6.2 of this Part 3 or otherwise) all or such part of the Investrnent Amount or other amount paid
by Post Office Ltd which Post Office Ltd determines has not been properly used by the Operator
for the Purpose.
If the Operator at any time owes any money to Post Office Ltd under the Agreement or any
other contract or agreement, Post Office Ltd may deduct such money from any amount due to
the Operator under the Agreement or any other contract or agreement between Post Office Ltd
and the Operator, including from the Fees and/or the Investrnent Amount.
PART 4 ~ EQUIPMENT FOR A LOCAL BRANCH
Post Office Ltd will loan to the Operator the Post Office Ltd Funded Equipment for the Term for
use in the Branch, subject to the Operator complying with its obligations in this Part 4.
The responsibility of each of the Parties for procuring and maintaining each item of Equipment
is summarised in Appendix 2 to the Preface,
Post Office Ltd may from time to time after the Commencement Date add or remove items of
Equipment for use in the Branch in Appendix 2 of the Preface by issuing a Notice to Amend but
the obligations to maintain and/or repair any item of Equipment in Appendix 2 as at the
Commencement Date shall not be varied. Post Office Ltd shall be responsible for the cost of
supplying and maintaining any such additional items of Equipment.
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The Post Office Ltd Funded Equipment shall at all times remain owned or controlled by Post
Office Ltd. The Operator shall safeguard all Equipment and keep it in good condition (fair wear
and tear excepted) in accordance with the Manual (including any ancillary items supplied with
the Equipment, for example keys to the safe). The Operator shall be llable for any loss of, or
damage to, any Equipment where Post Office Ltd reasonably believes such loss or damage is
the result of any negligence by the Operator, his Personnel or otherwise or any breach of the
Agreement, wilful default, error or criminal act of the Operator or any Personnel.
Where Appendix 2 of the Preface so specifies, the Operator shall be responsible for arranging
and ensuring all repairs and maintenance of, and shall observe all statutory obligations and
regulations in respect of the operation of, the relevant item of Equipment. Post Office Ltd will
maintain the Horizon equipment and Post Office Ltd shall be responsible, at its cost, for
repairing inherent defects in any other item of the Post Office Ltd Funded Equipment which are
not caused by the act or omission of the Operator or its Personnel.
The Operator shall:
unless otherwise agreed by Post Office Ltd in writing, ensure that all Post Office Ltd Funded
Equipment is used exclusively for the operation of the Branch but the Operator may use the
bidi safe for the Basic Business as well as the Branch but only in relation to small amounts of
cash, on a short term basis and at the risk of the Operator;
not move any item of Post Office Ltd Funded Equipment (other than items which are intended
to be moved as part of their day to day use or for the purposes of maintenance and repair)
without the prior written permission of Post Office Ltd, The Operator shall be responsible for
the cost of moving any Equipment where such move is at the Operator’s request or is
necessary to comply with legislation or regulatory requirements, unless Post Office Ltd agrees
in writing, at its sole discretion, to contribute to such costs. Post Office Ltd shall be responsible
for the cost of moving the Equipment where such move is at Post Office Ltd's request;
be responsible for the continued operation of all Equipment throughout the Term and shall
ensure that any Assistants are trained in basic operations, replenishment of consumables and
follow security procedures. The Operator is responsible for reporting system faults and failures
to the appropriate helpline promptly and for ensuring resolution of such faults,
As part of the Post Office Ltd Funded Equipment, in addition to the Horizon equipment, Post
Office Ltd may from time to time loan the Operator (and the Operator shall accept) a
paystation™ terminal for use in conducting Transactions and/or additional terminals or self-
service equipment (together referred to as the PO Terminals). Post Office Ltd shall act
reasonably in determining which PO Terminals to loan to the Operator. Post Office Ltd will
discuss with the Operator the position within the Branch Premises where the PO Terminals are
to be located, but, in the absence of agreement, Post Office Ltd (acting reasonably) will
determine such location. Where Post Office Ltd does provide PO Terminals, the Operator shall
ensure that they are used solely to conduct Transactions, Post Office Ltd will arrange (whether
directly or through the Operator) for the PO Terminals to be installed at the specified location.
The Operator grants to Post Office Ltd, its agents and employees an irrevocable licence at any
time during the opening hours of the Branch Premises, or at any time in the case of an
emergency, during the Term or any time following the termination of the Agreement, to enter
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any premises or vehicle where the Post Office Ltd Funded Equipment is or may be kept for the
purpose of inspecting it or recovering it.
Post Office Ltd will supply certain consumables (being those which can be ordered via Horizon
for use in the Branch) in reasonable quantities free of charge to the Operator, Any such supply
shall be subject to such conditions as Post Office Ltd may determine and Post Office Ltd may
limit or withdraw such supply at its discretion.
Any consumables which are supplied to the Operator free of charge by Post Office Ltd or on
Post Office Ltd’s behalf must only be used in the operation of the Branch and must not be
resold or transferred to a third party, Where the Operator has surplus consumables it should
advise Post Office Ltd of this fact and, as appropriate, arrange with Post Office Ltd for the
return of the excess quantity.
Where there is a dedicated official telephone line at the Branch Premises, which is used in the
operation of the Branch, the Post Office Ltd split billing policy (as contained in the Manual or’
otherwise notified to the Operator from time to time) shall apply in respect of such officia
telephone line. If Post Office Ltd determines that a second telephone line (which is in addition to
the one provided by Post Office Ltd) is required in order to operate the Branch, such second
telephone line shall be arranged by the Operator but will be paid for by Post Office Ltd unless
Post Office Ltd determines that such second telephone line is only needed because the
Operator is using unnecessary equipment on the first telephone line which has not been
approved by Post Office Ltd.
Approval of fixtures and fittings and equipment
12.14 The Operator shall use only fixtures and fittings in the operation of the Branch as shall have
been previously approved in writing by Post Office Ltd.
12.2 The Operator shall use only the Equipment or such other equipment as Post Office Ltd may
13,
approve in writing in the operation of the Branch.
Signage and point of sale equipment
13.1 Immediately prior to the Start Date, the Operator shall at Post Office Ltd's direction ensure, at
its own cost, that any existing obsolete Post Office internal and external branding and signage
is removed from the Branch Premises. If the Operator fails to do so, and then fails to within 14
days of a written notice fromm Post Office Ltd requiring the Operator to remove such obsolete
branding and signage in accordance with this clause, Post Office Ltd may enter into the Branch
Premises during the Minimum Hours and without the consent of the Operator, remove any
such items at the expense of the Operator. The Operator shall pay such expenses to Post Office
Ltd on demand or Post Office Ltd may, at its option, deduct the value of such expenses from
the amount of the Investment Amount or other sums due to the Operator.
13.2 The Operator shall display in such manner and upon such external part or parts of the Branch
Premises as Post Office Ltd may reasonably direct, a sign or signs bearing the title of the
Branch (in the format “[blank] Post Office®") (or such other words to similar effect as may
from time to time be specified by Post Office Ltd) and if the Branch Premises are in the
principality of Wales a bi-lingual sign (in the format “[blank] Syddfa’r Post@/Post Office®”),
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13.3 Post Office Ltd will, at its discretion, provide the Operator with Post Office internal and external
branding and point of sale equipment (including display units and leaflet dispensers) for use at
the Branch Premises. Post Office Ltd may require the Operator to renew or replace internal
and external Post Office signage and the point of sale equipment at the Branch Premises at the
Operator's cost but shall not Impose such a requirement more frequently than once every 5
years,
13.4 Post Office Ltd may require the Operator to renew the internal and external Post Office signage
and point of sale equipment at the Branch Premises more frequently than once every 5 years
but Post Office Ltd will pay for such renewal.
14. Liens ete,
The Operator waives all or any liens, encumbrances or rights which it might have or acquire at
any time for any reason over any Post Office Ltd Funded Equipment. The Operator shall ensure
that, except as may be expressly authorised by Post Office Ltd in writing, no third party claims
any liens, encumbrances or other rights over the Post Office Ltd Funded Equiprnent.
PART 5 - MANUAL FOR A LOCAL BRANCH
1.1 The following list includes the manuals, guidelines and instructions which currently come under
the definition of “Manual”:
~ Local Post Office Operations Manual
~ Horizon online administration and equipment operations manual
~ National lottery operations manual (where branch offers this product)
~ Ordering stock and stores operations manual
~ Post Office outreach services operations manual (where applicable)
~ Post Office paystation operations manual
~ Security operations manual
~ Horizon system user guide (online)
~ Horizon online help (online)
~ Branch Focus
~ Post Office branch standards
~ Post Office Ltd's Accessibility Guide
- Branch Conformance Standards
~ Post Office cash and secure stock remittance services manual (online)
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~ FOS project operations manual
~ FOS project training workbook (x2)
~ Mailwork specification (where applicable)
- Any other instructions to operators or updates to such instructions issued by Post Office Ltd
from time to time
Post Office Ltd shall provide the Operator with a copy of the Manual (which may include a DVD,
CD ROM or other electronic media) or, at its discretion, provide the Operator with instructions
as to how the Manual may be accessed electronically and with details of any alterations and/or
improvements in or to the Systern or the Services to enable the Operator to keep the Manual
up to date. If there is any dispute, the authentic text of the Manual shall be the copy or copies
kept by Past Office Ltd at its head office. The Manual shall at all times remain the property of
Post Office Ltd,
Post Office Ltd may amend the list of documents set out in this Part 5 and amend the contents
of any manual or documents on that list by giving written notification (which may be by
electronic means) to the Operator. In the Agreement, unless otherwise specified, a reference to
the Manual is a reference to it as amended, consolidated or extended by Post Office Ltd from
time to time.
The Operator shall operate the System properly so as to achieve the performance standards in
accordance with the provisions of the Manual current from time to time. The Operator shall not
make use of the Manual for any purpose other than for the operation of the Branch. The
Operator shall ensure that its copy of the Manual is kept up to date at all times, subject to Post
Office Ltd cormplying with its obligations in clause 1.2 of this Part 5.
In addition to the Manual, Post Office Ltd may issue to the Operator instructions which deal
with various classes of Products and Services to be transacted at the Branch and the design
and operational standards required to run the Branch,
All such instructions must be complied with immediately (unless otherwise notified by Post
Office Ltd) and must be kept up to date by incorporation of updates issued by Post Office Ltd.
They must be carefully studied by the Operator, its Manager and Assistants. No breach of
instructions will be excused on the grounds of ignorance. :
PART 6 - NON COMPETE RESTRICTIONS AND HOW THEY AFFECT BRANCH PREMISES
A, During the Term of the Agreement, the following provisions shall apply.
The appointment of the Operator gives the Operator the right to transact, and to receive
payment for, certain items of business on behalf of Post Office Ltd. The conditions of the
appointment also involve such non-compete restrictions on the private activities of the
Operator in relation to the Branch Premises as are fundamental and necessary to ensure the
continued viability of the Network,
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It is important to the future of the Network that all operators support Post Office® products
and services. An operator who offers products or services In its private retail business from the
Branch Premises which compete with Post Office® products and services can reduce the
revenue generated by the Branch and the Network, This revenue is essential to provide a
contribution to Post Office Ltd's fixed costs of maintaining the Network. Without this
contribution, Post Office Ltd might not be able to sustain the Network, It is therefore also in the
interests of all operators to support this principle.
It is also in the interests of all operators that Post Office Ltd is able to seek and negatiate
business, opportunities for the whole Network and that it does not allow Clients or suppliers to
enter into arrangements directly with selected Post Office® branches only to the disadvantage
of the rest of the Network. This would adversely affect Post Office Ltd's ability to maintain the
Network as a whole.
Operators benefit from being part of the Network. In addition to payments which operators
receive from Post Office Ltd, Post Office Ltd invests in advertising that brings Customers into
Post Office® branches, it ensures that Post Office® praducts and services meet regulatory
requirements and it provides customer and business services such as helplines to support
operators. :
Accordingly, except as permitted by and in compliance with any waiver granted by Post Office
Ltd in accordance with clause 1.11 of this Part 6, the Operator must not undertake in a private
capacity, or allow anyone else to undertake in relation to the Branch Premises, the types of
business listed in clause 1.6 of this Part 6, as amended by Post Office Ltd from time to time in
accordance with clause 4.8 of this Part 6.
The non-compete restrictions on private business activities in relation to the Branch Premises
are as follows:
(i) business concerned with the provision of services relating to the collection, conveyance
and/or delivery of letters, parcels and packages (collectively called “Packets” in this
clause) including without prejudice to the generality of the foregoing: the sale of stamps,
pre-paid postage labels and stationery with prepaid postage; the acceptance, retention,
sortation, return and redirection of Packets (including Packets containing mail order or
other home shopping goods and other Packets); and the acceptance of payment for
such services;
(ii) services for the payment of bills, the collection of payments (including pre-payments) or
the collection of revenue (whether by the sale of stamps or meter tokens, the charging
of budget keys or by other means) in connection with services for the supply of water,
gas, fixed line telephones, electricity, cable or satellite television, or local authority
services;
(ii) the sale of National Lottery products;
(iv) Banking, Building, Industrial and Provident Society, Friendly Society or Credit Union
business or otherwise making available banking facilities including, without limitation,
cheque~cashing, bureau de change (including the selling and buying back of currency, on
demand and pre-order services), collecting deposits or providing withdrawal facilities on
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behalf of deposit-takers whether over-the-counter or through an automated teller
machine (ATM) or providing loans, credit cards or other forms of credit or credit
brokerage services but not including the provision of cash-back transactions or the
provision of basic saving stamp schemes which do not involve the return of cash to
participants in the scheme. For the avoidance of doubt, a cash-back transaction is the
withdrawal of cash via a debit card scheme, from the account associated with the card
used, as part of a transaction for the purchase of goods or services through the same
scheme; and
(v) any financial services business or otherwise making available facilities which may
compete with the financial services activities carried on or to be carried on by operators
at any time for or on behalf of Post Office Ltd or through Post Office® branches or
which may compromise the regulatory status of Post Office Ltd (including for this
purpose, its operators) in its role as appointed representative of Post Office Ltd's
financial service product providers, including, for the avoidance of doubt, the promotion
of competing financial services but not including the provision of basic savings stamps
schemes which do not involve the return of cash to participants in the scheme.
These non-compete restrictions apply to all methods of transaction of the areas of business set
out above. This includes, without limitation, the use of smartcards, ATMs and on-line terminals.
The categories of business listed in clause 4.6 of this Part 6 constitute the current non-
compete restrictions but Post Office Ltd reserves the right to review these restrictions in the
light of changing business requirements, varying them if necessary. All operators will be given
at least 12 months’ notice in writing of any such changes. No restrictions will be introduced on
products or services other than Key Products and Services, as defined in clause 1,9 of this Part
6.
Key Products and Services are the core products and services offered by Post Office Ltd. The
Key Products and Services are:
(i) Letters, parcels and packages services of any kind and related services;
(ii) Services for the payment of bills, collection of payment or collection of revenue:
(iii) National Lottery products;
(iv) Banking services, including bureau de change;
(v) Financial services;
(vi) National Savings and Investment products;
(vii) Money transfer services;
(viii) Postal orders;
(ix) Savings stamps;
(x) Benefits’ distribution and Government services;
(xi) Motor vehicle and driver licensing services and other motorist services;
(xii) Telephony products and services;
(xiii) Travel ticketing and travel passes; and
{xiv} Television licensing services,
Post Office Ltd reserves the right to amend this list of Key Products and Services from time to
time, No new products or services will be introduced to this list which are not current or future
key sources of revenue and/or contribution for Post Office Ltd.
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4.10 If the Operator is considering taking up a new private retail business opportunity which may fall
within the scope of the non-compete restrictions specified in clause 41.6 of this Part 6, it should,
before taking up any such business, inform Post Office Ltd of the circumstances and seek
advice as to whether the work concerned falls within the restrictions described above.
4.41 The Operator may apply for a waiver from the non-compete restrictions in clause 11.6 of this
Part 6. Post Office Ltd’s waiver policy is available on request from Post Office Ltd, The waiver
policy sets out the circumstances in which a waiver may be granted and the procedures that
must be followed. This policy is subject to amendment by Post Office Ltd frorn time to time, If a
waiver is granted subject to conditions, the Operator must comply with these conditions, A
failure to do so will result in the waiver being invalid from the date the Operator ceased to
comply with the conditions,
142 The Operator must not use and must ensure that no third party uses the name “Post Office” in
connection with any of its private business activities (or the private business activities of a
company with which it is associated in any way) or in such a way as to imply that Post Office
Ltd is in any way connected with these activities. Nor may the Operator transact, any private
business in a way that might lead Customers to conclude that Post Office Ltd is in any way
connected with that business.
1.13 The Operator must not engage Post Office Group employees to undertake any work
whatsoever connected with the Operator's private business (or the private business activities of
a company with which it is associated in any way) at any time when they are employed in Post
Office Ltd or Post Office Group duties.
1.44 The Operator shall promptly inform Post Office Ltd of any approach or enquiry made directly by
a third party (including any Client or supplier of Post Office Ltd) concerning the Products or
Services or any similar products and services.
B. For the period of 12 months following the date of termination of the Agreement the Parties shall
continue to be bound by the provisions of clauses 1.5 to 1.7 (inclusive) of section A of this Part 6.
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PART 7 ~ FIT OUT WORKS AND BRANCH PREMISES
The following clauses shall apply in respect of the Branch Premises,
1 Fit Out Works Obligations
1.1. The Operator shall ensure that the Operator Funded Works and the Post
Office Ltd Funded Works (except those specifically and expressly indicated in
Appendix 1 to the Preface as being Post Office Ltd's responsibility to arrange)
shall be:
1.1.1 synchronised in accordance with the timetable for the Fit Out Works
and the installation of the Post Office Ltd Funded Equipment at the
Branch Premises agreed between the Parties; and
1.4.2 completed in accordance with the requirements of Appendix 41. of the
Preface and any other specification and/or requirements issued by
Post Office Ltd or notified to the Operator, at least 24 hours before
the Start Date so that the Operator can fully use the Branch Premises
for the purposes of operating the Branch from the Start Date and
throughout the Term.
If the Operator or its contractors fail to comply with the requirements of this
clause 1.1 and Post Office Ltd incurs additional costs as a result, the Operator
shall reimburse Post Office Ltd on demand for those additional costs.
1.2 Post Office Ltd shall be responsible for arranging those Post Office Ltd Funded
Works, if any, which are specifically and expressly indicated in Appendix 4 to
the Preface as being Post Office Ltd's responsibility to arrange, and in
particular, for entering into contracts with the relevant contractors for the
supply of any such Post Office Ltd Funded Works and making payment directly
to such contractors engaged by Post Office Ltd.
4.3. Inrespect of any Fit Out Works carried out at the Branch Premises (whether
arranged or paid for by Post Office Ltd or the Operator) and the installation
and set up of any Post Office Ltd Funded Equipment, the Operator shalt:
1.3.1 be responsible for obtaining any necessary planning, by-law or other
consents, such as planning permission, building regulations consent
or other building or planning consent, or the landlord's or owner's
consent;
13.2 — permit access to any contractors appointed by Post Office Ltd or the
Operator for the purposes of carrying out the Fit Out Works and/or
the installation and set up of any Post Office Ltd Funded Equipment
and to enable such Fit Out Works and/or the installation and set up of
any Post Office Ltd Funded Equipment to be completed in tire before
the Start Date;
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1.3.3 ensure that, at the time Post Office Ltd's contractors attend the
Branch Premises to install and set up any Post Office Ltd Funded
Equipment and/or carry out any Post Office Ltd Funded Works and
thereafter, the Branch Premises are safe, compliant with all applicable
laws and regulations (in particular in respect of power supply and all
electrical wiring) and free from hazardous materials (including
asbestos);
1.3.4 without limiting the generality of clause 1.3.3 of this Part 7, ensure
that such Fit Out Works and/or the installation and set up of any Post
Office Ltd Funded Equipment comply with applicable obligations
under the EA and the Equality Policy; and
1.3.5 — check the Fit Out Works whilst they are being performed and once
they are completed and the installation and set up of any Post Office
Ltd Funded Equipment for any defects which are obvious from a
reasonable Inspection. If the Operator identifies defects in the Fit Out
Works and/or in the installation and set up of any Post Office Ltd
Funded Equipment which were carried out by:
(a) Post Office Ltd's supplier or contractor, the Operator shall
promptly notify Post Office Ltd or its nominated representative
and will provide details of the defect; or
(b) the Operator's supplier or contractor, the Operator shalt notify
its supplier or contractor and arrange for the defect to be
rectified,
The Operator shall not and shall use its best endeavours to ensure that its
contractors shall not cause any delay to Post Office Ltd or its contractors in
completing any Post Office Ltd Funded Works and/or the installation and set
up of any Post Office Ltd Funded Equipment at the Branch Premises.
If either Party or its contractors causes any delay to the other Party or its
contractors which results in that other Party incurring any costs or liabilities,
then the first Party shall reimburse the other Party for such costs or liabilities
up to an aggregate limit of £1,000. The first Party shall not be liable to
reimburse the other Party in accordance with this clause 1.5 where the other
Party or its contractors, employees or agents was the cause of the delay.
Where the Operator and Post Office Ltd have agreed the need for any making
safe and other associated works to be undertaken at the Branch Premises
following the removal of Post Office Ltd's equipment by Post Office Ltd's
contractors, the Operator shall be responsible for arranging such works
(unless Appendix 11 of the Preface specifically and expressly indicates that Post
Office Ltd is responsible for those works). Where the Operator is responsible
for arranging such works, it shall comply with the obligations in clause 1.5 of
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Part 3 and clause 4.3 of this Part 7 in relation to such making safe and other
works (to the extent such obligations are applicable),
Post Office Ltd shall not be fiable for the acts or omissions (including
negligence) of;
1.7.1 the contractors engaged by the Operator (including any contractors
suggested or approved by Post Office Ltd); nor
1.7.2 the contractors engaged by Post Office Ltd in respect of works which,
at the Operator’s request, such contractors undertake and which are
in addition to the works for which Post Office Ltd is responsible, as
identified in Appendix 1 to the Preface or as otherwise agreed by Post
Office Ltd.
Where the Operator engages contractors it shall do so as principal and not as
agent for Post Office Ltd.
Obligations relating to the Branch Premises
The Operator shall at its own cost and expense:
2.1.1 operate the Branch from a prominent position within the Branch
Premises in the location shown on the plan in Appendix 1. of the
Preface or in the absence of a plan as described in Appendix 41 of the
Preface;
2.1.2 without prejudice to the Operator's obligations to comply with the EA
and other applicable legislation, provide and maintain, such space
and accommodation at the Branch Premises for the operation of the
Branch as is necessary to ensure a high standard of customer service
{including allowing sufficient space for Customers to queue and be
served comfortably, sufficient space for shelving and leaflet
dispensers to enable materials relevant to the Branch to be held
and/or displayed both behind and in front of the area of the counter
used for the Branch) or as may be required by Post Office Ltd;
2.4.3 allow Customers to use all appropriate and available facilities of the
Branch Premises, including means of access and any parking spaces
made available to the Operator's customers of the Basic Business;
21,4 — if required by Post Office Ltd, provide reasonable space at the Branch
Premises suitable for a post box;
2.1.5 at all times maintain the interior and exterior of the Branch Premises
and all parts thereof in a good state of maintenance, repair and
cleanliness and properly decorated;
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2.1.6 — promptly carry out any works of redecoration, maintenance and/or
repair that (i) Post Office Ltd may reasonably require in order to bring
the Branch Premises up to Post Office Ltd's standards at any time for
Local Post Office branches as specified in the Manual, or (if) that in
Post Office Ltd’s reasonable opinion are or may be required at any
time to ensure the Branch Premises are compliant with any
applicable legislation;
2.1.7 atall times provide adequate and appropriate lighting and heating at
the Branch Premises;
2.1.8 keep the Basic Business in a clean and tidy condition and adequately
stocked and shall generally ensure that its appearance complements
and does not in Post Office Ltd's opinion have an adverse effect on
the Branch. The Operator shall further ensure that the Basic Business
is not closed for business at any time when the Branch is open for
business or vice versa;
2.1.9 allow Post Office Ltd access at all times during normal working hours
to the Branch Premises and at any time in respect of an emergency.
2.2 The Operator shall not alter or convert the Branch Premises or the area of
the counter used for Transactions in any way without the prior written
consent of Post Office Ltd (such consent not to be unreasonably withheld or
delayed) and any necessary planning, by-law or other consents, such as
planning permission, building regulations consent or other building or
planning consent. Each such alteration or conversion shall be carried out only
in accordance with plans, drawings and specifications previously submitted to
and approved by Post Office Ltd (such approval shall not be unreasonably
withheld or delayed). The detailed preparation of such plans, drawings and
specifications and the day to day or immediate supervision by an architect or
surveyor shall be the responsibility and at the expense of the Operator.
2.3 {f any part of the Branch Premises contains residential accommodation
(whether as at the Commencement Date or at any later time), the Operator
shall notify Post Office Ltd, together with details of the occupier (where this is
not the Operator). If the Operator ceases to occupy the residential
accommodation or if at any time it becomes vacant, the Operator shall
immediately notify Post Office Ltd in writing.
2.4 Where the Preface contains the Precondition the Operator must, from the
date specified in clause 1.1 of that Precondition, and for the duration of the
Term, maintain a Valid Property Interest in the Branch Premises. Where the
Preface dogs not contain the Precondition, the obligation on the Operator to
maintain the Valid Property Interest shall be with effect from the
Commencement Date and for the duration of the Term. Any breach of this
obligation shall be a material breach of the Agreement for the purposes of
clause 16.2.1 of Part 2 of these Standard Conditions.
49
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IN THE HIGH COURT OF JUSTICE Claim No. HO16X01238
)UEEN’S BENCH DIVISION
BETWEEN:
ALAN BATES & OTHERS
Claimants
-and-
POST OFFICE LIMITED
Defendants
APPENDIX D - FRANCHISE AGREEMENT
(all redactions relate to claimant-specific information)
B3/1.1/187,
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FRANCHISE
PosT '
I OFFICE I
COMPANY FRANCHISE AGREEMENT
with
Post Office Ltd
Registered in England Number. 2154540
Registered Officer
{00-06 Old Street London EC1V SN
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CONTENTS
Recitals .
Definitions
Condition Precedent
Rights Granted I
Duration of Agreement E
Franchlsor’s initial Obligations
Franchisor’s Continuing Obligations _
Lease of Equipment
Franchisee’s Obligations
Tralning
Technology
Improvements
Franchise Fee and Payments to Franchisee
Accounting
Advertising
Insurance .
Trademarks, Copyright and Branding
Data Protection C26
Confidentlality and Secrecy
Sale of Business
Termination and Suspension
Consequences of Termination or Suspension
Disability Discrimination Act
CONAUAWN=
PUNNNRSeseaeresse
SOY SSoerusHson25
Entire Agreement
Severability
Waiver
25 No Warranties
26 = Indemnity
27 Notices, Gender, Number and Headings
28 Recovery of Sums Due .
29 — Choice of Law and Jurisdiction
30 ~~ Rights of Third Parties
31 Partnership
32 Adequacy of Damages .
33 Miscellaneous Cy
First Schedule i
Second Schedule Part { to ttl
Third Schedule
Fourth Schedule
Fifth Schedule
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pene
THIS FRANCHISE AGREEMENT is made between Post Office Ltd (registered No, 02154540)
whose registered office is situated at 80-86 Old Street, London, EC1V 9NN (‘the Franchisor’)
of the one part and the company specified in the Fifth Schedule whose registered number
and office are specified in the Fifth Schedule ("the Franchisee’) of the other part.
WHEREAS
(A)
(8)
((@)
(D)
(2)
()
(@)
(H)
()
The Franchisor has a network of Post Office® branches throughout the UK,
This network enables the public to have access to a range of services of
general soclal importance, Such services Include mails and parcels-services,
services on behalf of government, banking, bill payment, revenue collection,
bureau de change and financial services, Regular access to these and other
services is important to the economic welfare of the communities which the
branches serve.
Terms used in these recitals have the meaning given to them in the
Definitions clause below.
The Franchisor and its predecessors in title have for many years past carried
on the Post Office Business and have obtained and acquired considerable
knowledge about the conduct of the Post Office Business, and have
established a substantial demand and goodwill for the Post Office Business,
and a substantial and exclusive reputation in the Trade Name.
The Trade Name is associated with uniformly high standards of service,
The System Is secret and confidential and Is the exclusive property of the
. Franchisor.
The System includes methods of conducting transactions in the provision of
the Services and the issue and sale of the Products and a recognised design,
decor and colour scheme for the business premises to be occupied by
franchisees, equipment, furniture, layout, service format, standards of quality
and uniformity of products and services offered and procedures for
accounting, cash Inventory and management control.
The provision of some of the Services requires the highest standards of
confidentiality and since many of the organisations on whose behalf such
services are provided are Government departments which are subject to strict
rules of confidentiality including the operation of the Official Secrets
legislation, the Franchisee accepts and acknowledges that It is essential that
the same standard of confidentiality will be required from It and all its staff
who may have access to information which is affected by such rules or
legislation.
The Franchisor manages and co-ordinates the Post Office network, and has
granted and may from time to time grant franchises permitting the
operation of businesses providing the Services under the Trade Name in
accordance with the System from certain premises,
The Franchisee desires to obtain the benefit of the Franchisor’s knowledge,
skill and experience and the right to provide the Services and to Issue and/or
sell the Products In accordance with the System under the Trade Name from
the Said Business,
, So
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0) The Franchisee acknowledges that the Franchisor has agreed to enter into
this Agreement with the Franchisee on the basis of the Basic Business which
‘the Franchisee will carry on on part of the Trading Premises,
(K) The Franchisor Is the registered proprietor of the Trade Marks and has
agreed that the Franchisee may use the Trade Marks upon the terms and
conditions hereafter appearing.
(L) This Agreement shall only apply to the Trading Premises.
4 DEFINITIONS
In this Agreement the following terms shall have the following meanings unless the context
shall otherwise require:
“Agreement” means this Franchise Agreement, the Schedules
hereto, the Franchise Manual (induding the
Operations Manual), the remuneration booklet, the
Branding Guidelines and the Branch Signage Manual;
i
“Agreement Date’ means the date on which this Agreement is executed
“ by the Franchisee;
y “Basic Business’ means.the nature of the existing or proposed
business as specified in the Fifth Schedule hereto
which is carrled on or to be carried on by the
Franchisee on part of the Trading Premises;
“Branding Guidelines’ means any branding guidelines issued by the
Franchisor from time to time;
“Branch Signage Manual’ means any branch signage manual issued by the
Franchisor from time to time;
“Code of Practice’ means the Code of Practice on Post Office branch
telocation, closure and conversion as agreed
between the Franchisor and Postwatch from time to
time;
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“Commencement Date’
»
“Confidential Information’
“Consultation”
“Converting branch’
“Copyright”
“Counter Automation
System’
“DPA’
“Franchise Manual’
“Further Agreement’
means at the Franchisor’s discretion either the date
specified by the Franchisor in accordance with clause
1(C) or 1(E) as appropriate or such later date as may
be notified by the Franchisor In writing to the
Franchisee at least 21 days prior to the specified date
provided that such date will be no fewer than 2 and
no more than 12 weeks after the date of Notification
referred to in clause 1 of this Agreement;
means any information or know-how in whatever
form relating to the business affalrs, products,
operating or marketing techniques, suppliers,
customers, clients, or finances of either of the Parties
which is by its nature confidential or is marked
_ confidential including without limitation Official
Information;
means a public consultation conducted by the
Franchisor under Its Code in accordance with the
provisions in the Code which apply to the conversion
of a directly managed Post Office branch to a
franchise operated by the Franchisee at the Trading
Premises;
means the directly managed Post Office branch
specified as such in the Fifth Schedule hereto;
means the copyright and database rights in material
which is employed or which will be employed in
connection with the conduct of the Post Office
Business and which is or will be owned by the
Franchisor or Royal Mall Group at any time during
the operation of this Agreement;
means a form of electronic cash register and /or
point of sale system;
means the Data Protection Act 1998;
means the Franchisor’s operational manual or
manuals containing details of the System and the
Services and related matters Including instructions
on the methods of transacting Post Office Business
as amended by the Franchisor from time to time;
means a further franchise agreement on the
Franchisor’s then current form of Franchise
Agreement;
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“Final Franchise Proposal’
“Intellectual Property’
“Key Date’
“Manager”
“Official Information”
“Opening Hours’
“Personal Data’
“Post Office Branch’
means the franchise proposal which records the
terms and’ conditions on which the Franchisor Is
prepared in principle to grant the franchise at the
Said Premlses to the Franchisee and which the
Franchisee is prepared in principle to operate the
Franchise Post Office Branch at the Said Premises,
means all patents, trade marks, service marks, trade
and business names, copyright (including copyright
In computer programs), rights in designs, database
tights, rights in inventions, rights in know-how, trade
secrets, rights in corporate imagery, rights in
confidential information and all other intellectual
property rights or forms of protection of a similar or
equivalent nature or effect, together with all
applications for registration of and rights to apply for
any of the foregoing;
means the date specified as such in the Fifth
Schedule;
means an Individual member of staff appointed by
the Franchisee in accordance with clause 7(D)(iii)
below who shall have managerial responsibility for
the conduct of the Post Office Business at the Said
Premises; .
means all information and data:
(a) concerning processes, the System, operational
procedures and rules of the Franchisor;
(b) of or about Post Office Clients and/or
customers of the Said Business and their
transactions including Information in relation
toa named individual; and/or
(of afinancial nature in relation to the Sald
Business, the Franchisor or Royal Mail Group.
means the days and hours as specified in the Fourth
Schedule;
means the personal data (as defined in the DPA)
provided by the Franchisor to the Franchisee from
time to time or processed (as defined in the DPA) by
‘the Franchisee in connection with this Agreement;
means a directly managed branch, agency or
franchise Post Office branch or any other form of
Post Office branch operated by or on behalf of the
Franchisor;
<=
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“Post Office Business’
“Post Office Clients’
“Post Office Intellectual
Property’
“Post Office network’
“Product(s)"
“Property Interest’
“Remuneration booklet’
Cay
“Royal Mail Group”
means the business of a Post Office, comprising the
provision of the Services to other subsidiaries of
Royal Mail Group, to Government departments and
divisions and to commercial entities and involving
the issue and/or sale of the Products, the
encashment of the Products and the receipt of
monies on behalf of third parties;
means (i) any third parties with whom arrangements
are made by the Franchisor for the Post Office
network to provide services to them which may or
may not involve the Issue or sale of Products and,
where those arrangements do involve the Issue or
sale of any Products, on whose behalf the Products
are handled by the Post Office network and (ii) any
prospective suppliers of other products whether or
not similar to the Products for the handling thereof
by the Post Office network,
means all Intellectual Property in the ownership of or
which will be owned by the Franchisor or Royal Mail
Group including the Trade Marks and the Copyright;
means the network of Post Office branches within
the United Kingdom operated or controlled by the
Franchisor; a
means articles, valuable documents and negotiable
instruments as described in the First Schedule;
means a valid lease, licence, freehold or equivalent
Interest held by the’ Franchisee in relation to the
Trading Premises;
means the remuneration booklet as specified in the
Final Franchise Proposal issued by the Franchisor
describing the system of remuneration and rates of
payment applicable to the Franchisee, as amended
and/or revised by the Franchisor from time to time;
means the group of companies composed of Royal
Mail Group plc, its holding company (if any), and
subsidiaries and associated undertakings of Royal
Mail Group plc and its holding company. The terms
“holding company’ and “subsidiary” shall have the
same meaning as in the Companies Act 1985,
sections 736, 736A and 736B;
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“Said Business’ means the Post Office Business to be carried on by
the Franchisee from the Said Premises in exercise of
the rights granted under clause 2 of the Agreement,
and for the purposes of clause 18, shall include all
assets of the Said Business excluding the Franchisor’s
cash, stock, the Said Equipment and any other Items
belonging to the Franchisor or to Post Office Clients;
“Sald Equipment’ means the equipment, signs and goods set out in
Part I of the Second Schedule; it
I “Said Premises’ means the part designated and delineated as such
i on the attached plan of the Trading Premises;
“Sarvice(s)’ means the provision of a range of postal,
governmental, commercial and other services as
described in the First Schedule;
“System” means the methods of conducting and marketing i
the Post Office Business; ¢ (
"Shareholder Transfer means (i) if the Franchisee is a private company, any I
Event’ change In the beneficial ownership of any of Its
share capital or (il) if the Franchisee is a public
company, any circumstance as a result of which any
person acquires shares which (taken together with
shares held or acquired by persons acting in concert
with him) carry 30% or more of the voting rights of
the Franchisee or any circumstances pursuant to
i which any person or group of persons becornes
obliged to extend an offer to the holders of any class
of share capital of the company;
“Term’ means the period of five years commencing on the
Commencement Date ;
“Trade Marks’ means the registered and unregistered trade marks
which are employed In connection with the conduct
of the Post Office Business and any trade marks and ( .
trade names (including the Trade Name) that may
be created, adopted or registered by the Franchisor
or Royal Mail Group at any time during the
operation of the Agreement;
“Trade Name’ means the name ‘Post Office @";
“Trading Premises’ means the entirety of the premises spectied in the
Fifth Schedule which include the Said Premises and
which are occupied by the Franchisee and either
owned by the Franchisee or In which the Franchisee
has a valid Property Interest and from which the Said
Business and the Basic Business will be operated
which shall include any attached residential
accommodation owned or occupied by the
Franchisee or persons connected with the Franchisee;
~~
“VAT ’ means Value Added Tax and any tax or duty of a
similar nature substituted for or in addition to it.
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NOW IT IS HEREBY AGREED as follows:
41 CONDITION PRECEDENT
(A) The rights and obligations of the parties under this Agreement (other than those
contained in this clause 1) are conditional on the satisfaction of the condition
precedent (referred to In this clause as “the Condition Precedent’) set out in clause
1(B) below or on its waiver pursuant only to clause 1(E) below.
(B) The condition precedent referred to In clause 1(A) Is as follows:
that, having concluded the Consultation and taken account of the representations
made during the Consultation, the Franchisor In its absolute discretion decides that
It wishes this Agreement to take effect and notifies the Franchisee accordingly in
writing no later than 2 weeks after the conclusion of the Consultation (‘the
Notification’), i
(C) The the Notification from the Franchisor referred to In clause 1(B) above will specify i
the exact date on which this Agreement will become effective which will be at the
Franchisor's sole discretion but will be no fewer than 2 and no more than 12 weeks ¢ (
after the date of the Notification.
(D)In the event that, having concluded the Consultation and taken account of
Tepresentations made during the Consultation, the Franchisor in its absolute i
discretion decides that it does not wish this Agreement to take effect, the Franchisor H
shall notify the Franchisee of its decision in writing no later than 2 weeks after the I
conclusion of the Consultation,
(E) The Franchisor reserves the right to waive the Condition Precedent. Any such waiver I
shall be effected by service of a written notice on the Franchisee and is without f
prejudice to any other rights which the Franchisor may have under this Agreement. i
Upon waiver of the Condition Precedent it “shall be deemed to have been satisfied
from a date specified by the Franchisor in the notice of waiver and being no less i
than 2 and no more than 12 weeks from the date of that notice, which date shall be Hi
deemed to be the date on which this Agreement will become effective.
(F) If the Condition Precedent is not satisfied or waived by the Key Date, it shall be ¢ ¢ /
deemed not to have been satisfied,
(G) Neither party shall have any liability to the other In the event that the Condition
Precadent is not satisfied, save that in such event the Franchisor shall be obliged:
(i) to return to the Franchisee the franchise fee paid under clause 11 of this f
Agreement; and i
(ii) If requested by the Franchisor to do so, to negotiate in good faith with the i
Franchisor such changes to this Agreement or the Final Franchise Proposal as
the Franchisor may put forward as a result of the Consultation
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2 RIGHTS GRANTED
(A) Subject to and in accordance with the terms hereof the Franchisor hereby
grants to the Franchisee the rights for the purposes of the Said Business:
() to operate the System; and
(il) to use the Trade Name, Trade Marks and Copyright in accordance
with clause 15.
(B) For the avoidance of doubt the Franchisee hereby acknowledges that all
goodwill associated with or arising from the use of the System and the Post
Office Intellectual Property shall at all times belong to and be vested in the
Franchisor and that the Franchisee only has the right to benefit from such I
goodwill to the extent and upon the terms provided by this Agreement and will j
execute a confirmatory assignment of such goodwill on request by the 4
Franchisor.
(©) The Said Business shall only be carried on by the Franchisee from the Said :
( ( Premises. The Franchisee hereby warrants to the Franchisor that it has the right
‘to exclusive occupation and control of the Trading Premises for the purpose of I
conducting the Basic Business and the Said Business for at least the Term of this
Agreement. The Franchisee hereby undertakes not to share or divest itself of
occupation or control of the Trading Premises during the term of this
\ . Agreement and during the term of any Further Agreement that it shall enter
into pursuant to clause 3 without the prior written consent of the Franchisor,
(D) The Franchisee shall also have:
(i) the benefit of the Franchisor's accumulated experience and
knowledge; and
(ii) the benefit of the Franchisor's accounting and merchandising
knowledge and experience; and
(il) all other rights and benefits which may accrue to the Franchisee by
virtue of this Agreement.
(
3, AGREEMENT DURATION AND FURTHER AGREEMENT
(A) Subject to the satisfaction of the condition precedent in Clause 1 above, this
Agreement shall take effect on the Commencement Date and, subject to the
provisions for termination contained in this Agreement shall expire at the end
of the Term subject to the Franchisee’s right to enter into a Further Agreement
as contained In this clause 3;
(B) The Franchisee shall have the right to enter into a Further Agreement with the !
Franchisor at the expiration of the Term hereby granted upon the terms and y
conditions set out below.
q (C) Subject to the fulfilment of the following conditions precedent, such right shall
j be exercised by the Franchisee by notice in writing to the Franchisor given not
i less than twelve months before the expiration of the sald Term. The
conditions precedent are that:
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@ there shall be no outstanding material breach by the Franchisee of
‘the terms of this Agreernent; and
(il) the Franchisee shall have substantially observed and performed the
terms and conditions hereof,
(D) The Franchisor shall not later than 3 months prior to the expiry of the fourth
(E)
year of this Agreement provide the Franchisee with a copy of the proposed
Further Agreement Including detalls of the proposed volume related
commissions ("the Proposed Commission Details’) to be applicable in the
proposed Further Agreement together with details of such works as required
under sub-clause 3(E)(I), In providing such information the Franchisor shall not
be admitting that the conditions precedent referred to in sub-clauses 3(C)(i)
and (ji) are satisfied, Provided always that should the Franchisor fall to provide
the Proposed Commission Details within the timescale detailed within this
clause then the Franchisee shall have a perlod of 3 months from such later
date of provision of the same to serve notice requiring a renewal of the
Agreement from the date of expiry.
The terms upon which the Further Agreement shall be entered into shall be the
following:
(i) the Franchisee shall undertake to carry out, at its own expense, within
a period of sixty days (or such longer period as may be agreed by the
Franchisor, such agreement not to be unreasonably withheld) from
the date of the notification of its requirements by the Franchisor to
the Franchisee, such. works of renovation, modernisation and
refurbishment as are set out In the Sixth Schedule to the Further
Agreement, and to replace such fixtures, signs, furnishings and
equipment as may be reasonably necessary to bring the Said
Premises up to then current standards of design and decor for
franchised branches within the Post Office network and to comply
with any relevant statutory or other requirements or regulations;
(il) the Franchisor and Franchisee shall enter into a Further Agreement,
by mutual agreement, for.a period at least equal to the Term granted
by this Agreement upon the terms of the Franchisor’s then current
form of Franchise Agreement, provided however that (a) the
Franchisee will not be under any obligation to pay any sum
expressed by way of an initial fee, (b) the Further Agreement shall be
on the same terms and conditions as notified to the Franchisee as
aforesaid and (c) the Franchisor shall not be obliged to provide any of
the initial ar other obligations contained in such agreement which are
appropriate to the establishment in business of a new franchisee;
(ili) I the Franchisor shall upon the commencement of the Further
Agreement be deemed to have been released and discharged by the
Franchisee from all claims and demands whether or not contingent
which the Franchisee may have against the Franchisor arising from
this Agreement; and
(iv) provided further that if after the service of the notice referred to In
sub-clause (C) of this clause and prior to the entry into the Further
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Agreement the Franchisee shall fail to carry out the works and
replacements referred to In sub clause 3(E)(I) hereof, or shall commit
a breach of this Agreement such as to justify the termination hereof,
or which may result in the termination hereof, the Franchisee’s right
to enter into a Further Agreement shall cease and be of no effect,
4, FRANCHISOR'S INITIAL OBLIGATIONS
To assist the Franchisee in opening for business the Franchisor will (in addition to training
to be provided pursuant to the provisions in that respect hereinafter contained) provide to
or make available to the Franchisee the following services and/or goods:
(A) consultation and advice with regard to the suitability of the Said Premises
and the alteration, refurbishment, renovation or other work necessary for the
conversion and adaptation of the Said Premises into a Post Office branch
and any fittings required therefor;
( ( (B) the use on loan of standard plans, drawings and specifications of a Post
Office branch. If it shall be necessary to amend such plans and drawings to
sult the Said Premises the Franchisee shall, at its own expense, employ an
Architect or Surveyor for the purpose, Plans and drawings so amended shall
not be used for any purpose until they shall have been approved in writing
by the Franchisor (such approval not to be unreasonably withheld);
(CQ) consultation and advice with regard to the way in which fixtures, fittings and
equipment are to be installed in the Said Premises with a view to the efficient
operation of the Said Business and the security of the valuable items of
which the Franchisee will be holding stocks;
(D) general supervision of the said conversion not including day to day or
immediate supervision which will be the responsibility of the Franchisee’s
Architect or Surveyor;
(E) consultation (including consultation with the designated officers and general '
¢ . management of the Franchisor) and advice with a view to enabling the
Franchisee to commence the Said Business including advice and consultation I
with regard to the purchase of materials, the selection, training and \
supervision of staff, cash handling, security, accounting, book-keeping,
advertising and the day to day operation of the Sald Business;
(F) advice on and the provision of the range and quantity of the stock of the
Products for the Said Business prior to Its opening.
5, FRANCHISOR'S CONTINUING OBLIGATIONS
The Franchisor shall at all times during the subsistence of this Agreement:
(A) _ provide the Franchisee with the Franchise Manual which shall contain details
- of the System and the Services and related matters including instructions on
the methods of transacting the Post Office Business and shall provide the
Franchisee with details of any alterations and/or improvements in or to the
System or the Services to enable the Franchisee to keep the Franchise
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(8)
()
(D)
()
(F)
(@)
Manual up to date. In the event of any dispute the authentic text of the
Franchise Manual shall be the copy kept as such by the Franchisor at Its Head
Office. The Franchise Manual shai{ at all times remain the property of the
Franchisor. The Franchisee hereby acknowledges that the copyright in the
Franchise Manual Is vested In the Franchisor;
provide the Franchisee with reasonable facilities for consultation with the
designated officers of the Franchisor in relation to the conduct of the Said
Business with a view to assisting and enabling the Franchisee to maintain the
operation of the System;
provide the Franchisee with advice, know-how and guldance in such areas as
management, cash handling, security, finance, promotion and methods of
operation to be employed In or about the conduct of the Said Business;
provide the Franchisee with a continuing service which, subject to the
provision by the Franchisee to the Franchisor of such information as the
Franchisor may reasonably require, will enable the Franchisor to monitor the
performance of the Said Business and to offer guldance to assist in the
achievement and maintenance by the Franchisee of standards of operation,
service and product;
the Franchisor shall have the right to enter into contracts or arrangements
with those Post Office Clients on whose behalf the Products are handled by
the Post Office network, or prospective suppliers of other products whether
or not similar to the Products, for the handling thereof by the Post Office
network, on such terms as the Franchisor shall consider reasonable. The
Franchisor shall also have the right to enter into contracts or arrangements
with others for the supply of Services and Products in relation to the Said
Business by the Franchisee on such terms as the Franchisor shall in its
discretion consider to be in the interests of the Post Office network as a
whole (including the provision of credit on reasonable terms) bearing in rind
the potential benefits to the Post Office network;
in accordance with the Franchise Manual, provide the Franchisee, at the
Franchisor’s expense, with all necessary Products, written materials, books of
account, forms and other documentation for use by the Franchisee in its
dealings with customers and other third parties, Supplies of all Products shall
be made at the Franchisor’s discretion and are provided solely for the
purposes of the Post Office Business at the Said Premises only;
repair and maintain the Said Equipment as requested by the Franchisee and
any items referred to in clause 7(H)(Iv) hereof.
LEASE OF EQUIPMENT
(A)
The Franchisor agrees to lease to the Franchisee during the subsistence of
this Agreement and any Further Agreement the Said Equipment and the
Franchisee agrees to take the Sald Equipment on lease from the Franchisor,
upon the terms of payment set out In Part Il of the Second Schedule,
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(B) The Franchisee shall not sell or offer for sala, mortgage or pledge, underlet,
lend or otherwise deal with or part with the possession of the Said
Equipment.
(C) The Franchisee shall not interfere with or adjust the Sald Equipment except
as specifically authorised in the Franchise Manual and the Franchisee shall
keep the Franchisor indemnified against all loss and damage to the Said
Equipment caused by the wilful or negligent misuse thereof,
(D) The Franchisor may affix to the Said Equipment, or any part thereof, such
plates or other marks indicating that the Said Equipment is the property of
the Franchisor and the Franchisee shall not obliterate, deface or cover up the
same, and the Franchisor shall at all reasonable times have access to the Sald
Equipment for the purpose of inspecting such plates and keeping the same
in good repair,
({E) The Said Equipment shall not be used or be permitted to be used by the
Franchisee for any other purpose other than for the Said Business and as
provided In the Franchise Manual,
(F) The Franchisee shall not permit any lien or other encumbrance to affect the
Said Equipment, In particular the Franchisee shall inform any person to
whom a debenture over any part of the Franchisee's assets is to be issued
‘that the Said Equipment Is not the property of the Franchisee,
(G) The Franchisee shall at all times keep the Said Equipment insured to the full
value thereof In accordance with the provisions of clause 14 hereof,
(H) Subject to the provisions of the Second Schedule, the Franchisee shall, at its
own expense, return to the Franchisor the Said Equipment and any other
items loaned to the Franchisee as listed in Part III of the Second Schedule In
good working order and in a good state of repair (fair wear and tear
excepted) upon the termination of this Agreement.
FRANCHISEE'S OBLIGATIONS
In order to maintain uniformly high standards amongst franchisees carrying on
business under the Trade Name in accordance with the System and to protect the
Franchisor, the Franchisee and the Post Office network, the demand for the Products
and the Services sold, supplied or provided in the Post Office Business under the
Trade Name, and the reputation and goodwill thereof, the Franchisee shall:
(A) (i) operate the Said Business from the Sald Premises in accordance with this
_ Agreement from the Commencement Date and operate the Basic Business
\ fram the Trading Premises from the Commencement Date;
(il) ensure that the Said Premises are altered, refurbished, adapted, equipped
and fitted out (including signage) in accordance with the Franchisor's
requirements and the provisions of the Franchise Manual for the purposes of
carrying on the Said Business from either the Commencement Date or such
later date being no more than 12 months after the Commencement Date as
the Franchisor may agree In writing prior to the Commencement Date and
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for the remainder of the Term, and shall from time to time and within such
timescales as the Franchisor may reasonably require, make such
improvements, alterations and modifications to the Said Premises as are
reasonably necessary for the performance by the Franchisee of its
obligations hereunder including without limitation the performance of Its
quality service abligations as set out in clause 7(D)(v) hereof. .The Franchisee
shall be responsible for obtaining any necessary planning, by-law or other
consents therefor;
(ili) ensure that the remainder of the Trading Premises are altered,
refurbished, adapted, equipped and fitted out In accordance with any plans
agreed with the Franchisor so as to be fully able to be used by the Franchisee
for the purposes of carrying on the Basic Business from the Commencement
Date (or from such later date as the Franchisor may agree in writing prior to
the Commencement Date) and for the subsistence of this Agreement and
any Further Agreement;
Time shall be of the essence in respect of the Franchisee’s obligations under clause
HA).
(B)
©
(D)
acquire such equipment and other items whatsoever which are necessary for the
performance by the Franchisee of its obligations hereunder;
(i) comply with the Franchise Manual and operate the System properly
and use Its best endeavours to achleve the performance standards in
accordance with the provisions of the Franchise Manual current from
time to time, The Franchisee shall not make use of the Franchise
Manual for any purpose other than for the conduct of the Said
Business nor shall it make any copies thereof, The Franchisee shall
further ensure that the Franchise Manual with which It is provided is
kept up-to-date at all times subject to the Franchisor complying with
its obligations in clause 5(A);
(ii) not do anything which may bring the System into disrepute or which
may damage the Interests of the Franchisor or Post Office network;
(ili) not promote or advertise at the Said Premises or in or about the Basic
Business any political party or support in any manner any political
causes in such a way that the Post Office Business, the Post Office
network or the Said Business may In any way be associated
therewith;
(iv) accept full responsibility for the proper running of the Said Business
and the efficient provision of those Services which are required to be
provided there,
(i) use its best endeavours to maintain the standards specified in the
Franchise Manual and the Franchisee shall not in the conduct of the
Said Business sell anything or provide any service which does not
conform with the standards associated with the Trade Name or of
which the Franchisor does not approve, In addition, the Franchisee
shall comply with all reasonable instructions given to it by the
Franchisor with regard to the standard or quallty of the Services
provided in or about the conduct of the Said Business;
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(puBamanesmmsnarrc rm —
(li)
(iil)
(iv)
(v)
(vi)
(2) ()
(ii)
continuously operate the Said Business upon and during the Opening
Hours, or upon and, during such revised days and/or hours as the
Franchisor may approve in advance from time to time In writing;
ensure that there are employed in the Said Business a number of
staff sufficient to enable the Sald Business to operate efficlently and
to meet. the demand for the Products and the Services, The
Franchisee shall appoint as the Manager from time to time of the
Said Business such person as is approved by the Franchisor (such
approval not to be unreasonably withheld). All staff employed by the
Franchisee in the Said Business and / or in the Basic Business shall be
employed as employees of the Franchisee and not as employees of
the Franchisor and the Franchisee shall be responsible as employer
for complying with the provisions of any legislation which imposes
obligations on employers; *
ensure that all personnel employed by It (including the Manager) in
the Sald Business shall recelve training as specified by the Franchisor
and comply with the Franchisor's reasonable instructions regarding
standards of appearance (including use of uniforms), behaviour and
skill in accordance with the provisions of the Franchise Manual and
clause 8 hereof;
the Franchisee shall In particular use its best endeavours to ensure
that in normal circumstances no customer Is kept waiting for service
for a period longer than five minutes or such other reasonable period
as may from time to time be specified by the Franchisor. The
Franchisee shall also (without derogating from the generality of the
foregoing) comply in all respects with the Franchisor’s quality
improvement programmes and with the Franchisor's requirements
for putting the customer first as described in the Franchise Manual.
The Franchisee shall keep the Franchisor fully and effectively
indernnified in respect of any and all calms, demands, damages,
costs and expenses which the Franchisor may reasonably or properly
incur as a result of the fallure by the Franchisee or any of its
employees, subcontractors or agents to perform this obligation
without prejudice to any other remedy which the Franchisor may
have;
permit the Franchisor without any further or other authority to speak
and/or write to customers about the Services being provided to such
customers by the Franchisee so as to ensure that the standards
associated with the System are being.achieved and maintained;
display in such manner and upon such part or parts of the Said
Premises as the Franchisor may reasonably direct, a sign or signs
bearing the following words (or such other words to similar effect as
may from time to time be specified by the Franchisor and if the Said
Premises are in the principality of Wales also in the Welsh language)
“a Post Office” Franchise owned and operated under franchise by’
followed by the Franchisee's name;
place upon all letter headings, bill Invoices and any other documents
oF literature employed by it In connection with the Said Business, in
such manner and in such place as the Franchisor may reasonably
direct, the following words (or such other words to similar effect as
may from time to time be specified by the Franchisor and If the Said
Premises are in the principality of Wales also in the Welsh language)
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(F)
@)
(H)
(ili)
(iv)
(i)
“a Post Office® Franchise owned and operated under franchise by’
followed by the Franchisee's name;
comply with the requirements of the Business Names Act 1985 and
section 348 of the Companies Act 1985 and shall comply with the
provisions of any statute which may repeal, re-enact or amend such
Acts;
use only such stationery and other documentation and literature of
whatever nature in Its dealings with third parties In connection with
the Said Business as the Franchisor shall provide (at the Franchisor's
expense), stipulate or approve;
not pledge the credit of the Franchisor or represent itself as being the
Franchisor or an agent or partner of the Franchisor, and the Franchisee shall
hot permit any person connected in any way with the Franchisee to
represent himself or the Franchisee in such a way that others dealing with
him or the Franchisee may regard him as a director, officer, employee, agent
or otherwise authorised to act on behalf of the Franchisor, except and only
to the limited extent necessary to comply with the provisions of clause 7({)(i)
hereof. No part of the Trade Name or the Trade Marks shall form part of the
Franchisee's corporate name or save as may be permitted in clause 7(G)
below its trading name;
(i)
(ii)
(ii)
(iii)
(iv)
use only such signs for or in connection with the issue or sale of the
Products at the Said Premises as shall contain the Trade Name, the
Trade Marks or such other name and/or trade mark and/or symbol as
may be designated by the Franchisor from time to time;
operate the Said Business in accordance with the System only under
the Trade Name specified by the Franchisor without any
accompanying words or symbols of any nature (save as required by
the provisions hereof), unless first approved in writing by the
Franchisor;
not alter convert or relocate the Said Premises in any way without the
previous consent in writing of the Franchisor, such consent not to be
unreasonably withheld. Each such alteration conversion or relocation
shall be carried out only in accordance with plans, drawings and
specifications previously submitted to and approved by the
Franchisor, The detailed preparation of the said plans, drawings and
specifications and the day to day or Immediate supervision by an
architect or surveyor shall be the responsibility, and at the expense, of
the Franchisee;
at all times maintain the Interior and exterior of the Said Premises
and all parts thereof in a good state of repalr and cleanliness and
properly decorated In a manner and to a standard specified In the
Franchise Manual;
use only such machinery, equipment, fixtures and fittings In the
conduct of the Said Business as shal! have been previously specified
or approved In writing by the Franchisor;
provide and maintain facilities within the Said Premises (including but
Not limited to Post Office Point of Sale display as described in the
Franchise Manual, the provision of electronic information displays,
video displays and other electronic or computerised information and
advertising display material) In a manner and to the extent stipulated
by the Franchisor for the display of notices and leaflets for the
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()
0)
(il)
(itl)
(iv)
provision of information to customers of the Post Office Business or
of a public nature on behalf of Post Office Clients;
offer for Issue or sale the Products and Services on the basis required
by the Franchisor from time to time. The Franchisee’s authority shall
be strictly limited to the Issue of any relevant documents or items on
the terms laid down by the Franchisor and the Franchisee has no
authority in any way to vary such terms, A breach by the Franchisee
of this sub-clause 7(I)(/) shall be deemed to constitute a material
breach of this Agreement;
at all times maintain a supply and stock of the Products sufficient to
meet public demands for those products from the Sald Business only;
‘the Franchisee shall not transfer or sell (either to itself or to any third
party) any Products (except discounted packs of postage stamps
which it may sell in accordance with the requirements of the
Franchise Manual) for subsequent resale in any other retail outlet
belonging to or operated by either the Franchisee, any company
forming part of the same group of companies as the Franchisee, any
business owned or controlled by the Franchisee, any person on behalf
of the Franchisee or such a company or such a business, Where the
Franchisee has not complied with this clause the Franchisor will
deduct from future payments of remuneration to the Franchisee any
remuneration or commission paid in respect of such prohibited sales
or transfers. This will be without prejudice to any other rights the
Franchisor may have as a result of such breach on the part of the
Franchisee, The Franchisee shall obtain a supply of the Products and
uniforms (which the Franchisee Is required to use in the conduct of
the Said Business) from the Franchisor upon the Franchisor's terms of
business current from time to time. All Products and other items
supplied by the Franchisor to the Franchisee shall remain the
property of the Franchisor or as the case may be the Post Office
Client, until dealt with by the Franchisee in accordance with this
Agreement or the Franchise Manual. The Franchisee shall, promptly
and within the due time allowed, make payment to all suppliers of
goods and services sold or provided to it for the purposes of the Said
Business;
comply with the appropriate provisions of the Third Schedule and in
particular shall keep all sums of money made available to it by the
Franchisor to enable it to discharge financial obligations to customers
on behalf of Post Office Clients or other suppliers of the Products or
Services and In respect of any negotiable instruments or vouchers or
instructions lawfully presented to it for payment, in trust for the
Franchisor and only to be applied for such purposes as aforesaid or as
otherwise may be authorised in the Franchise Manual. The Franchisee
shall hold any sums received by {t from the sale or issue of the
Products or Services or from the Franchisor in trust for the Franchisor
absolutely and shall notify Its bankers that such sums are subject to
such trust;
Q) (i) procure from the Manager for the time being and from
such other staff of the Franchisee (whether or not they are employed
directly in the Said Business) as the Franchisor shall reasonably
require, an undertaking, in a form to be supplied by the Franchisor,
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(K)
Not to use or disclose to any third party any information or
knowledge concerning the business of the Franchisor, the Sald
Business, the System or any Information relating to the business
transacted by the Franchisee in the course of the conduct of the Sald
Business which Is the subject of protection under the Official Secrets
Act 1989 and/or any similar statutory provision which may from time
to time be in force or which is information which Post Office Clients
are required by law to keep secret and confidential, which
information or knowledge may be communicated to the Manager or
such employee or which the Manager or such employee may acquire
pursuant to the discharge of his obligations to the Franchisee, The
Franchisee shall, without prejudice to any other remedies which may
be available to the Franchisor or any Post Office Clients, take such
steps, at Its own expense, as the Franchisor may reasonably require in
order to enforce the said undertaking and/or to restrain any breach of
{ts terms;
(ii) not except for the sole purpose of conducting the Said Business at
any time, whether before or after the termination of this Agreement,
divulge or use, whether directly or Indirectly, for Its own benefit or for
the benefit of any person, firm or company other than the Franchisor,
any Information acquired in the course of supplying the Products or
Services which may be communicated to the Franchisee or which the
Franchisee may acquire in carrying out its obligations under this
Agreement,
(ili) be wholly responsible for ensuring that only those employees or
officers of the Franchisee authorised in writing by the Franchisor have
any access to or involvement in the Said Business and in the part of
the Said Premises where the Products are kept. The Franchisee shall
as a minimum comply with any security arrangernents specified from
time to time in the Franchise Manual and shall be responsible for any
breaches of the security arrangements as specified from time to time
in the Franchise Manual In respect of the Products at the Said
Premises ard shall keep the Franchisor and Post Office Cllents fully
and effectually Indemnified against all claims, demands, losses,
damages, costs and expenses which may be incurred by it or them or
any of them arising from any such breach;
(iv) the Franchisee shall, if so required by the Franchisor, arrange for
Insurance Bonding in respect of its staff who will be employed in the
Said Business in such amount and upon such terms as the Franchisor
shall from time to time specify;
(vy) Inthe event that there Is any allegation or evidence of fraud or
dishonest conduct on the part of the Franchisee, the Manager, Its
staff, any customers of the Sald Business or any other person, co-
operate fully with any Investigation which may be made by the
Franchisor's Investigators, the police and any other duly authorised
investigator appointed by any Post Office Client;
observe and perform all contractual obligations entered into by the
Franchisor as provided by clause 5(E) so far as relate to the Said Business and
shall keep the Franchisor fully and effectually indemnified against all claims,
demands, damage, costs or expenses which may be reasonably and properly
incurred or received by the Franchisor resulting from any breach by the
Franchisee or any of Its employees, subcontractors or agents of the
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(M)
(N)
(0)
(P)
@Q
provislons of this clause or of sub-clause 7 (L) hereof or from any other act,
default or neglect of whatsoever nature on the part of the Franchisee;
() comply with all statutory or other legal requirements and regulations of
local or other authorities which apply to the Said Business, The Franchisee
shall not do or permit to be done anything which might involve the
Franchisee, the Franchisor or Royal Mall Group in any contravention of any
nature whatsoever of any statutes or regulations which directly affect Royal
Mall Group or the Post Office Business;
(i) comply with the Finandal Services and Markets Act 2000 and with the
relevant Money Laundering Regulations In relation to the Said Business;
(ill) comply with sub clauses 7(L) (1) and 7(L) (li) above as they apply to the
Basic Business.
(i) comply with the requirements of Chapter 6 of the Franchise Manual
with regard to the restrictions on the Franchlsee’s private business
activities at the Trading Premises;
(i) not at any time employ or seek to employ any person in the Said
Business then employed in any other business in the Post Office
network and will not directly or indirectly Induce any such person to
leave his employment without the previous consent in writing of the
Franchisor, nor will the Franchisee employ any such person without
like consent within six months after the termination of his
employment; .
use any telephone line or lines provided by the Franchisor exclusively for
conducting and operating the Said Business and shall pay the charges for the
installation, continuance and use of the said line of lines direct to the supplier
of such telecommunications facilities and If it shall fail to do so, reimburse
the Franchisor, on demand, for all charges made by the supplier of
telecommunications facilities in connection with the _ installation,
continuance and use of any such line. The Franchisee shall not subscribe for
any telephone lines in relation to the Said Business the numbers whereof
shall be made public in any British Telecom telephone or other directory of
any nature whatsoever, nor shall any such other telephone lines be
employed in such manner as would associate such number with the Trade
Name and Trade Marks or any of them or the Said Business;
operate such Counter Automation System as the Franchisor may currently
employ in the Post Office Business, as provided by the Franchisor and
described In the current System User Guide, The Franchisee must comply
with all instructions contained in the current System User Guide for the
installation, operation, maintenance and .removal of the Counter
Automation System. The Manager and the Franchisee's staff (full or part
time) will receive training in the use of the computer equipment and other
components of the System.
The Counter Automation System shall remain at all times the property of the
Franchisor or its licensors. Risk in the Counter Automation System shall pass
to the Franchisee upon delivery by the Franchisor to the Trading Premises,
The Counter Automation System shall be used only for the purpose of
conducting the Post Office Business
at the reasonable request and cost of the Franchisor provide prospective
franchisees of the Franchisor with such information as such prospective
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i franchisees may reasonably and properly require and at all times be
courteous and co-operative in all its dealings with such prospective
franchisees,
8, TRAINING
(A) The Franchisor shall initially train the Manager and the staff to be employed
1 by the Franchisee In the Sald Business in the operation of the System, Such
training shall be provided to the Manager and the Franchisee's staff without
charge but the Franchisee will be responsible for paying any salaries,
travelling, food and accommodation expenses which may be payable to or
Incurred by the Manager and such staff during the period of training, If at
any time during the initial perlod of training it shall become apparent to the
Franchisor that the Manager or any staff do not meet the Franchisor's
standards and requirements, the Franchisor shall have the right upon notice
in writing forthwith to terminate the training for such person. If the
Franchisee shall not be prepared to offer for training any substitute for the
Manager who has failed the training course the Franchisor shall have the
right upon notice in writing forthwith to suspend or terminate this
Agreement at the Franchisor's discretion and the Franchisee shall comply so ¢
far as the same may be applicable with the provisions of clause 20 hereof.
=
(B) The Franchisor shall have the right to require staff of the Franchisee or the
Manager to attend further training courses at any reasonable time during
the subsistence of this Agreement if:
(i) it reasonably considers attendance at such courses to be essential; or
(ll) it wishes to train a new Manager, the Manager or such staff In new
and improved techniques which have been devised and which the
Franchisee will be required to put into effect in operating the System,
The Franchisor reserves the right to make a reasonable charge to the
t Franchisee for such additional training.
(Q The Franchisee shall ensure that subsequent staff receive Initial training
carried out by the Franchisor and maintain continuing training programmes
for its staff in accordance with the requirements contained in the Franchise
Manual. Cr.
rs 9, TECHNOLOGY
{
(A) The Franchisor hereby licenses to the Franchisee on a non-exclusive, non-
transferable, revocable, royalty-free basis the use of such technology, hardware,
software and data as the Franchisor may determine, at its sole discretion from time
to time, to be necessary for the proper conduct by the Franchisee of the Post Office
Business under this Agreement.
(B) The Franchisee recognises that the subject matter of such licences may consist
not only of Post Office Intellectual Property, but also Intellectual Property belonging
to third parties, the use of which may be subject to terms and conditions contained
In separate agreements between the Franchisor (or its related companies) and such
third parties and which may vary from time to time,
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10,
1.
(C) The Franchisee agrees not to use the subject matter of such licences under this
clause 9 for any purposes other than the Post: Office Business and strictly to adhere
to all instructions and terms and conditions in relation thereto which are
communicated to the Franchisee by the Franchisor,
IMPROVEMENTS
(A) The Franchisor shall use all reasonable endeavours to conceive and develop
new and Improved methods of conducting the Post Office Business and
additions or modifications to the System which It may consider desirable.
The Franchisor agrees to make such Improvements additions or
modifications available to the Franchisee at the earliest possible opportunity
after they have, in the reasonable opinion of the Franchisor, been fully
developed. The Franchisee for its part will notify the Franchisor of any
Improvements in the method of operation which it may consider would
assist in the development of the System which the Franchisor will evaluate,
The Franchisee shall not introduce any improvement, addition, modification
or innovation into the conduct of the Sald Business or of the System without
the Franchisor's written consent. The Franchisee shall, when reasonably
required by the Franchisor in writing, introduce any improvement, addition,
modification or innovation to the System and the conduct of the Said
Business at the time or times and in the manner specified in such written
requirement and the System shall thenceforth be deemed to have been
varied as so specified.
(B) tn order that the Franchisee, the Franchisor and its other franchisees may all
benefit from the free interchange of ideas, the Franchisee shall permit the
Franchisor to introduce into the System and/or the Franchise Manual any
Improvements which may have been notified by the Franchisee to the
Franchisor without any payment being made in respect thereof,
FRANCHISE FEE AND PAYMENTS TO FRANCHISEE
(A) Subject to clause 11 (B) below, the Franchisee shall no later than the Agreement
Date pay to the Franchisor the franchise fee (‘the Franchise Fee’) specified in the
Fifth Schedule together with, subject to receipt by the Franchisee of a valid Value
Added Tax invoice, Value Added Tax thereon at the appropriate rate,
(B) Where the Franchisee has prior to the Agreement Date paid to the Franchisor all
or any part of the Franchise Fee, the amount so paid shall be deducted from the
Franchise Fee and the Franchisee shall be obliged under this clause 11 to pay on the
Agreement Date only the balance thus calculated,
(©) In consideration for operating the Sald Business the Franchisee shall be entitled
to recelve remuneration calculated and paid in accordance with the provisions of the
current remuneration booklet issued by the Franchisor from time to time. The
Franchisor reserves the right to amend and revise the remuneration booklet from
time to time (Including without limitation to revise the method of remuneration and
the payment rates). The Franchisor will issue the Franchisee with updated sections
or versions of the remuneration booklet as appropriate.
= “Eg
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(D) ff the Franchisor and the Franchisee shall not agree the correct amount of
remuneration due to the Franchisee the Franchisor shall (without prejudice to any
other remedies which it may have) pay the ammount not In dispute, At the request of
either party the Franchisor's auditors shall resolve the dispute acting as expert and
not as arbitrator and the decision of such auditors shall be final and binding on both
parties, Any further sum payable by the Franchisor following such decision shall be
paid within seven days from the date of the notification of the decision to the
Franchisor by the auditors,
(E)The Franchisee shalt make payment for any additional works, services and/or
supplies provided by the Franchisor or Royal Mail Group to the Franchisee from time
to time by the date specified in the relevant invoice. Ownership In any item supplied
shall not pass to the Franchisee until payment therefore has been received in full,
ACCOUNTING
The Franchisee shall:
(A) _ maintain an accounting system in accordance with the provisions contained
in the Franchise Manual which will be provided by the Franchisor. The
Franchisee shall ensure that all transactions are properly recorded with the
requisite details to enable the Franchisor to ascertain with accuracy each
transaction effected by the Franchisee in or about the conduct of the Said
Business;
(B) prepare the appropriate form of branch trading statement In accordance
with the instructions contained in the Franchise Manual, unless otherwise
instructed by the Franchisor;
(C) — maintain on the Said Premises, in a form approved by the Franchisor, (and
preserve the sarne for at least six years after the end of the financial year to
which they relate) full and accurate books of account and all underlying or
supporting records and vouchers relating to the Said Business and permit the
Franchisor (or any person, firm or company nominated by the Franchisor) at
any time during business hours to inspect the said books of account and
records and to take copies thereof and to verify the cash balance and the
Products held by the Franchisee, If on any such inspection a discrepancy is
found in the Information provided in the branch trading staternent for any
accounting period the Franchisee shall, without prejudice to any other rights
which the Franchisor may have, reimburse the Franchisor for all reasonable
costs incurred in conducting such inspection including travel, hotel,
subsistence, salaries and fees;
(D) use as each Accounting Perlod for the purposes hereof the periods so
specified by the Franchisor;
(E) provide the Franchisor with a profit and loss statement in respect of the
trading of the Said Business for each Accounting Period and curnulatively
each month from the beginning of each financial year. Such profit and loss
statement shall be provided to the Franchisor 45 days following the end of
the Accounting Perlod it relates to and completed in accordance with the
form and the instructions contained in the Franchise Manual;
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(F) the Franchisee shall also, when requested by the Franchisor from time to
time, supply to the Franchlsor a copy of the latest avallable audited accounts
of the Basic Business which the Franchisor shall treat in the strictest
confidence and shall not divulge the same or any part thereof to a third
party;
(G) register with HM Revenue and Customs for Value Added Tax before
commencing the Said Business;
(H) provide such further information relating to the Said Business as the
Franchisor shall reasonably consider necessary to assist the Franchisor in the
discharge of its duties under the provisions of this Agreement.
13, ADVERTISING
(A) The Franchisee shall not conduct or carry on any advertising or promotion in
telation to the Post Office Business or the Said Business without the prior
written consent of the Franchisor.
(B) The Franchisee shall prominently display and maintain at its own expense
the advertising, signs, cards, notices or displays supplied to the Franchisee by
or on behalf of the Franchisor. All approved advertising matter shall be
Installed and all advertising matter of whatever kind shall be maintained at
the expense of the Franchisee who shall be responsible for obtaining any
necessary planning bylaw or other consents therefore,
(C) The Franchisee shall not carry out any advertising, marketing or promotion
of the Basic Business or any other business which:
(l) encroaches upon the part of the Said Premises (Including window or
frontage or fascia signs) dedicated to the Said Business;
(i) (in the reasonable opinion of the Franchisor) detracts from the
appearance or impact of the Said Business upon customers or
prospective customers;
(ill) shall be capable of being interpreted In any way as an endorsement
by the Franchisor, Royal Mail Group or any Post Office Client of any
element of the Basic Business;
(lv) may imply that the Franchisor, Royal Mail Group or any Post Office
Client is in any. way connected with any element of the Basic
Business.
The Franchisee shall comply with any reasonable Instructions that the
Franchisor may glve In relation to this Clause 13(C).
(D) The Franchisee shall participate in all promotional or marketing activities
proposed by the Franchisor or Post Office clients In accordance with the
reasonable instructions of the Franchisor. In addition, the Franchisee shall take
all reasonable steps at every possible opportunity to maximise sales of Products
and Services within the Said Business , in accordance with the guidelines set out
in the Franchise Manual.
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14, INSURANCE
te
(A)
(B)
©
In relation to the operation of the Said Business and the Basic Business, the
Franchisee shall take out and maintain, at Its own expense, insurance with a
reputable insurance company, or shall make such insurance arrangements
that are acceptable to the Franchisor, Such insurance will cover as a
minimum:
(i) all risks which the Franchisee is obliged by law to insure
against in order to conduct the Said Business and the Basic
Business;
(i) all risks which the Franchisee Is required to insure against
under any provision of the Agreement;
(ii) {lability in respect of claims brought by customers and third
parties (Including third party contractors, third party suppliers
and visitors to the Sald Premises);
(iv) — damage to or destruction of the Said Premises or the fixtures
and fittings at the Said Premises(unless provided by the
Franchisee’s landlord); and
(v) any loss or damage to the Franchisor’s cash and stock, on the
basis set out In the Franchise Manual.
Where requested the Franchisee shall furnish to the Franchisor, on demand,
such policy or policies taken out in accordance with clause 14(A) together
with such evidence that the then current premiums have been paid. The
Franchisee shall arrange with its insurers that no policy will be terminated or
cancelled for whatever reason unless 14 days notice of the insurers’ intention
has been given to the Franchisor.
The Franchisor shall bear no responsibility for insuring any of the
Franchisee’s obligations and liabilities under the Agreement, the Premises or
the Said Equipment and shall not make any financial contributions to the
payment of any insurance premiums.
15, TRADEMARKS, COPYRIGHT AND BRANDING
(A)
(B)
(i) The Franchisor and Royal Mail Group are or will be the proprietors
(and where relevant the registered proprietors) of the Trade Name
and the Post Office Intellectual Property.
(il) All rights in the Trade Name, and the Post Office Intellectual Property
shall remain vested in the Franchisor or the relevant member of Royal
Mall Group. The Franchisee shall not by virtue of this Agreement
acquire any right, title or Interest of any kind other than as
specifically granted in this Agreement to any of the Trade Name, or
any of the Post Office Intellectual Property,
(iti) — The Franchisor grants for the Term to the Franchisee a non-exclusive,
non-transferable, revocable, royalty-free licence to use the Trade
Name, the Trade Marks and the Copyright solely in accordance with
the provisions of this clause 15 and solely for the purpose of
conducting the Said Business consisting of the Post: Office Business
and for the purpose of advertising as permitted In clause 13,
. “EY
The Franchisee shall not:
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(i) use or register a domain name or trade mark consisting of or
incorporating the Trade Name or any of the trade marks owned by
the Franchisor or Royal Mail Group or any part thereof, or any name
confusingly similar to the Trade Name or any trade marks owned by
the Franchisor or Royal Mail Group;
(i) use or create a website which includes any links or reference to any
internet site controlled by the Franchisor or Royal Mail Group; or
(ili) damage the goodwill or otherwise harm or bring into disrepute the
reputation of the Franchisor, Royal Mail Group or Post Office Clients.
() ()_ ~The Franchisee shall:
(a) comply strictly with the Branding Guidelines, the Branch
Signage Manual and the Franchise Manual and shall make no
other use of Post Office Intellectual Property without the prior
written permission of the Franchisor,
(b) promptly notify the Franchisor of any Infringement,
( threatened infringement, passing-off or misuse of Post Office
. Intellectual Property and shall provide such assistance in any
action the Franchisor may take as the Franchisor reasonably
requires;
(c) when requested, render to the Franchisor all reasonable
assistance in obtaining registrations of the Franchisor's rights
in any trade marks or other intellectual property.
(il) ff the Franchisee challenges the validity of any of the Post Office
Intellectual Property or the title of the Franchisor or Royal Mail Group,
the Franchisor shall without prejudice to. any other rights or remedies
it may have be entitled to terminate this Agreement forthwith on
written notice to the Franchisee,
(ii) — No warranty expressed or implied is given by the Franchisor with
respect to the Trade Marks or validity thereof.
¢ (jv) The Franchisee shall indemnify the Franchisor against all losses,
: claims, damages, proceedings, liabilities, costs and expenses suffered
or incurred by the Franchisor in connection with this Agreement as a
result of the Franchisee’s, or any of Its employees’, subcontractors’ or
agents, misuse or infringement of any intellectual property rights of
any third party,
(D) All rights in intellectual property or data including customer data reasonably
required for the conduct of the Post Office Business shall belong to the
Franchisor, and the Franchisee shall execute a written assignment of any
such rights on request by the Franchisor, and will provide copies of such data
or other relevant materials on request.
16, DATAPROTECTION
(A) _ The Franchisee shall at all times comply with its obligations under the DPA,
the Privacy and Electronic Communications (EC Directive) Regulations 2003
and any other relevant law relating to Data Protection in the course of
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performing its obligations under this Agreement and shall also comply with
the Franchise Manual in this regard. The Franchisee shall procure that its
subcontractors, agents and employees are aware of and comply with the
provisions of this clause.
i (B) The Franchisee shall be permitted, subject to any relevant restrictions in the
' DPA, to collect Personal Data about customers on behalf of the Franchisor
and Post Office Clients, such collection to be conducted in accordance with
instructions provided by the Franchisor. The Personal Data collected shall be
for the use of the Franchisor and/or Post Office Clients and not for use by the
Franchisee or any other third party,
(C) _ The Franchisor shall remain the sole owner of the Personal Data together
with all copyright, database rights and other Intellectual Property rights in
the Personal Data and any compilation of the Personal Data.
(D) The Franchisee shall indemnify and keep indemnified the Franchisor against
all losses, cairns, demands, liabilities, costs and expenses (including
reasonable legal costs and disbursements) incurred by It in respect of any (
breach of this clause 16 by the Franchisee and/or any act or omission of any ~
sub-contractor, employee and/or agent of the Franchisee and shall provide
all reasonable assistance to the Franchisor in connection with any civil,
administrative or criminal proceedings against the Franchisor.
17, I CONFIDENTIALITY AND SECRECY
(A) The Franchisee shall keep confidential the contents of the Agreernent and
the Franchise Manual. Each Party shall keep confidential all Confidential
Information obtained frorn the other pursuant to this Agreement and shall
not divulge such information to any person (except where necessary for the
purposes of this Agreement to such Party's own employees and agents),
provided that this clause 17(A) shall not extend to information which was
rightfully In the possession of such Party prior to this Agreement, which is
already public knowledge or becomes so at a future date (otherwise than as
a result of a breach of this clause 17(A)) or which is required to be disclosed
by law or any governmental or regulatory body. Further, the Franchisor shall ¢
not be liable for loss or damage for disclosing Confidential Information In
accordance with the Freedom of Information Act 2000, Each Party shall
procure that its employees and agents are aware of and comply with the
1 provisions of this clause 17(A).
von
1 (B) The Franchisee shall not disclose information relating to postal packets
passing through the post: except to the persons to whom such packets are
addressed other than in situations where the service provided so permits or
where required to be disclosed by law.
(©) _ The Franchisee shall not use any website for the discussion of Post Office
Business or any other matters relating to the Franchisor,
(D) — The Franchisee and any staff who are employed in the Said Business who
wish to communicate publicly upon matters affecting the Franchisor must
do so in a responsible manner as specified in the Franchise Manual,
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(F)
(G)
(H)
(I)
0)
The Franchisee shall do all that is reasonably necessary to facilitate the duty
of Royal Mail Group to ensure that all communications and items entrusted
to it reach addressees promptly and safely, and that such communications
and Items do not reach those not entitled to receive them.
The Franchisee shall not make any unauthorised disclosure or unauthorised
use of Official Information. Any such disclosure or use may result in
prosecution under the Official Secrets Act 1989 or other applicable
legislation. The Franchisee shall not, unless with the permission of the
Franchisor, make any document containing Official Information the subject
of legal proceedings,
Any request made to the Franchisee by the police, any other authority or by
a person for Official Information or. other information which may be
confidential shall be referred immediately to the Franchisor,
The Franchisee shall not, without the Franchisor’s permission, use Official
Information for the purpose of publishing any document, book, play or
article, broadcasting on radio or television, producing or exhibiting a film or
photographs, giving a talk or lecture or taking part in a public discussion
including posting Official Information on any website,
The Franchisee shall, on request by the Franchisor, co-operate in supplying
any Information whatsoever relating to Post Office Business as may be
requested by the Franchisor for Its own use or for use by the police or other
government or law enforcement agencies.
The Franchisee must forthwith report to the Franchisor any case in which
there appears to have been a breach of the above clauses 17 (A) to (C), (F)
and (H).
18, SALE OF BUSINESS
©
The Franchisee shall not have the right to assign this Agreement.
The Franchisee shall have the right to sell the Said Business with the prior
written consent of the Franchisor, such consent not to be unreasonably
withheld or delayed and subject to the conditions listed in sub-clause (D) of
thls clause.
The Franchisor hereby undertakes to grant to a purchaser of the Said
Business who is acceptable to it (such acceptance not to be unreasonably
withheld or delayed) and who Is either:
(i) the prospective purchaser or owner of the Basic Business at the
existing Trading Premises; or
(i) the owner of another business acceptable to the Franchisor In
premises which are acceptable to the Franchisor;
a franchise for a period equal to the unexpired term granted by this
Agreement commencing with the date of the sale of the Said Business but
otherwise upon similar terms and conditions to those contained in the
Franchisor's then current appropriate standard Franchise Agreement.
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(i)
(ii)
(iil)
(iv)
Ww
(iv)
—
(D) The conditions required to obtain the written consent of the Franchisor to
the sale of the Said Business by the Franchisee shall be that:
any prospective purchaser shall submit his offer in writing which offer
shall be bona fide and at arms length and shall meet the Franchisor's
standards: with respect to business experience, financial status,
character and ability and the manager and staff to be employed in
the Said Business shall successfully complete a programme of initial
training by the Franchisor, The prospective purchaser must execute a
confidentiality undertakirig or a franchise agreement prior to staff to
be employed in the Said Business entering Into such training, as may
be required by the Franchisor;
the prospective purchaser shall not be engaged or concerned or
interested in any way in any business which carries on a business
which competes with the Post Office Business or which is a member
of a group of companies one of whose members carries on such a
business;
the prospective purchaser has adequate financial resources bearing in
mind the purchase price to enable it to trade profitably, The
Franchisor in so satisfying itself shall not be taken to making any
tepresentations or giving any warranties to such prospective
purchaser;
legally binding arrangements reasonably acceptable to the Franchisor
have been made to establish the rights of occupancy of the
prospective purchaser either at the Said Premises or other premises
approved by the Franchisor ;
if the prospective purchaser shall be a company the Franchisor shall
require to be satisfied:
(a) that the individual or individuals who will have effective voting
or defacto control of such Company meet the criteria set forth
In sub-clause (i) above; and
(b) with the suitability of the other persons who will be directors
in such company; and
(c) with the arrangements between the shareholders in such
company and the prospective purchaser enter into the
standard form of franchise agreement then currently in use
by the Franchisor for corporate franchisees;
payment Is made by the Franchisee of all costs and all obligations by
or of the Franchisee to the Franchisor and any nominated supplier
without any right on the part of the Franchisee of deduction or set
off. The Franchisor may require the Franchisee to pay any sum of
money owed to the Franchisor by the Franchisee under this
Agreement or any other contract or agreement between the
Franchisee and the Franchisor out of proceeds of any agreed sale of
the Said Business and the Franchisee shall take whatever steps the
Franchisor considers necessary to ensure that such payment takes
place on completion of such a sale, Further, If required by the
Franchisor, the Franchisee shall give irrevocable instructions to its
solicitors to the provide the Franchisor with a solicitor’s undertaking
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to pay to the Franchisor on campletion of the sale of the Said
Business the sums due to the Franchisor under thls Agreement or any
other contract of agreement between the Franchisee and the
Franchisor;
(v) the sale shall be completed not later than the fourth year of the term
of this Agreement, except where the Franchisee has exercised its right
to enter into a Further Agreement under and in accordance with
clause 3 hereof, in which case the sale shall be completed not later
‘than the fourth year of the term of the Further Agreement ;
(ix) where the Franchisee js also selling the Basic Business, the sale of the
Said Business and the Basic Business will be completed on the same
date unless the Franchisor specifically otherwise consents in writing,
(E) The Franchisee shall as soon as possible submit to the Franchisor a copy of each
written offer which the Franchisee proposes to accept received from any
prospective purchaser to purchase the Sald Business from the Franchisee
together with:
(i) a finandal statement of affairs and the business history of the
proposed purchaser:
(ii) details of any ather terms which may have been agreed between the
Franchisee and the prospective purchaser. Upon receipt of a copy of
such written offer accompanied by such items the Franchisor shall, in
addition to its other rights hereunder, have an option to purchase the
Said Business for the same amount and upon the same terms as the
proposed purchaser has offered. The Franchisor shall have a period of
thirty (30) days after receipt of such written notice and other items to
exercise its option to purchase by notice in writing to the Franchisee.
The sale and purchase shall be completed within 20 days following
the service of the Franchisor's Notice. The Franchisee shall notify the
Franchisor of any variation in the terms offered by any prospective
purchaser and the said period of thirty (30) days shall re-commence
as from the date of such notification of a variation in the offered
terms.
(F) [f the Franchisor shall not exercise the option contained in clause 18 (E) (li)
above the Franchisee shall be entitled within the period of six months thereafter
to proceed with its application to sell the Said Business upon the same or on
terms no more favourable to a prospective purchaser than those notifled to the
Franchisor pursuant to sub-clause (E) hereof.
(G) Upon the Franchisor exercising the option contained In sub-clause (E) hereof or
entering into a Franchise Agreement with a prospective franchisee and upon the
satisfaction of the conditions referred to In sub-clause (D) hereof (in particular
the successful completion by the prospective manager and staff of the Sald
Business of the programme of initial training) the Franchisor and Franchisee
shall each be deemed to have released the other from the terms of this
Agreement save for those provisions which by thelr nature or effect survive
termination.
19, TERMINATION AND SUSPENSION
és
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——
I (A) In addition to any other rights the Franchisor may have to terminate this
I Agreement, if the Franchisee shall:
(i) fail to commence the Said Business or the Basic Business in i
accordance with clause 7(A) (i) ; or
(ii) fall to comply with clauses 7(A)(i1) and / or 7(A)(ili)
(ill) ~— commit any material breach of the terms and conditions of this
Agreement; or
(iv) fall to provide the Products or Services to the standards required by i
the Franchisor as set out in the Franchise Manual; or
(v) change the nature of the Basic Business without the prior written
consent of the Franchisor (which shall not be unreasonably withheld)
q or cease to operate the Basic Business; or
(vi) _ in its franchise application or supporting details, have provided the
Franchisor with Information which contains any false or misleading
statements or omits any material fact which may make any
statement misleading; or
(vii) become Insolvent, enter into liquidation, whether compulsorily; or
voluntarily otherwise than for the purpose of amalgamation or . (
reconstruction or if an administration order shall be made in respect C
of the Franchisee; or
(vill) make any arrangement or composition with its creditors or shall have
a Receiver (including an Administrative Receiver) appointed of all or
any part of Its assets or If the Franchisee takes any similar action in
1 consequence of-debt; or
(ix) have purported to assign this Agreement other than by way of a sale
of the Said Business under and in accordance with the provisions of
clause 18 hereof; or
(x) sell or otherwise dispose of the Basic Business to a company
unacceptable as a franchisee to the Franchisor; or
(xi) sell or dispose of the Basic Business to a purchaser who intends to
continue the Basic Business from the Trading Premises but who does
not purchase the Said Business at the sane time; or
(xil) itself, or the Manager or a director thereof, be convicted of any
criminal offence (other than a Road Traffic Offence not involving 4) !
imprisonment); or fy
(xiii) fail to properly account for any cash or stock of the Franchisor or Post Hed
Office Clients; or
(xiv) commit any breach of clause 7(M); or
(xv) do anything which brings the Franchisor’s name or that of Royal Mail
Group Into disrepute; or
(xvi) do anything which challenges the validity of any of the Trade Marks
or the title of the Franchisor or Royal Mail Group to any of the Post
Office Intellectual Property; or
(xvil) subject to the permissions granted in clause 15, make any further use
of the Post Office Intellectual Property without the prior written
permission of the Franchisor; or
(xvili) fail to pay any sum due to the Franchisor hereunder by the due date;
or !
(xix) fail to offer a substitute Manager for training in accordance with
clause 8, !
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and fails to remedy any such occurrence (where capable of remedy), to the
Franchisor’ reasonable satisfaction, within twenty-eight days, or such longer
period as may be agreed with the Franchisor having regard to the
circumstances, after written notice thereof from the Franchisor, the
Franchisor may, without prejudice to any other rights or remedies available
to it, terminate this Agreement Immediately by notice in writing to the ,
Franchisee and all rights of the Franchisee under this Agreement shall /:
thereupon cease, !
(B) __In the case of persistent breach of any obligation or condition on the part of
the Franchisee herein contained the Franchisee shall not be entitled to any
period of grace within which to remedy any default, neglect or failure. A
substantial default, neglect or failure of the sarne obligation or condition
which has occurred more than twice In any twelve month period shall be
deemed to be a persistent default, neglect or failure.
(CQ) As soon as practicable after the Franchisee becomes aware that a
Shareholder Transfer Event of the Franchisee is likely to occur (or, when this
Is not possible, as soon as practicable after a Shareholder Transfer Event has
occurred), the Franchisee will give notice to the Franchisor, specifying details
of the event and providing the Franchisor with any relevant requested
information.
(D) If as a result of a proposed or actual Shareholder Transfer Event the
Franchisee will or has come under the control of a person unacceptable to
the Franchisor, the Franchisor may terminate this Agreement on such notice
as It deems appropriate within 3 months of becoming aware of such
Shareholder Transfer Event.
(E) In addition to any other rights the Franchisor may have to suspend ,the
Franchisor may also suspend the Franchisee from operating the Said
Business (and/or require the Franchisee to suspend all or any of its officers or
staff employed in the Said Business from working in the Said Business) in the
circumstances set out in the Franchise Manual and in accordance with the
provisions of the Franchise Manual.
(F) The exercise by the Franchisor of its rights to suspend under this or any other
clause shall be without prejudice to and shall not constitute a waiver of any
other rights the Franchisor may have including without limitation any rights
it may have to terminate this Agreement,
CONSEQUENCES OF TERMINATION OR SUSPENSION
(A) Upon the termination of this Agreement the Franchisee will immediately
discontinue the use of the Trade Name, the Trade Marks, signs, cards, notices
and other display or advertising matter indicative of the Franchisor or of any
association with the Franchisor or of the Said Business or products of the
Franchisor and will make or cause to be made such changes in signs, cards,
notices and other display or advertising matter indicative of the Franchisor or
of any association with the Franchisor or of the Said Business or products of
the Franchisor and will make or cause to be made such changes in signs,
cards, notices and other display or advertising matter, buildings and
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(B)
(a)
(Dy
structures as the Franchisor shall reasonably direct. If the Franchisee shall
within thirty (30) days of such direction fail or omit to make or cause to be
made any change then the Franchisor shall have power (without incurring
any llability to the Franchisee) without the consent of the Franchisee, save
the consent hereby Irrevocably given, to enter upon the Said Premises and to
make or cause ta be made any such change at the expense of the Franchisee
which expense the Franchisee shall pay on demand,
The Franchisee shall also, when demanded by the Franchisor and (except In
‘the case of items supplied to the Franchisee free of charge) upon payment of
the reasonable market value thereof or cost thereof whichever is the greater,
deliver up to the Franchisor all stationery, literature, signs, cards, notices,
other display or advertising matter and any other article bearing the name of
the Franchisor or the Trade Name or the Trade Marks which are the property
of the Franchisee, All items which may have been loaned to the Franchisee by
the Franchisor Including the Franchise Manual shall be returned to the
Franchisor at the Franchisee's expense. The Franchisee shall also forthwith
pay to the Franchisor all sums of money which may be due or owing from
the Franchisee to the Franchisor,
The Franchisee shall further and forthwith upon such termination:
(i) deliver up to the Franchisor all stocks of the Products, all cash held on
behalf of or in trust for the Franchisor, all datestarips and such other
property of the Franchisor as shall have been provided to or received
by the Franchisee;
(ii), join with the Franchisor in cancelling any permitted user of the Trade
Marks. If the Franchisee shall fall so to do the Franchisor is hereby
irrevocably appointed the agent of the Franchisee with full authority
to give such notice to the Registrar of Trade Marks on behalf of the
Franchisee;
(il) cease using the telephone lines (provided by the Franchisor In
accordance with the provision in that behalf hereinbefore contained)
and any other lines of which the number have been publicly
associated with the Said Business and the Trade Name and shall do
all such acts and things including the signature of any document
which may be necessary to ensure that the future use of such
telephone lines by the Franchisor is assured;
(iv) cease the use of all material of whatever nature of which the
copyright Is vested In the Franchisor or where the continued use
thereof would In any way infringe the Franchisor's copyright;
(v) indicate on such part of the Said Premises in such form as the
Franchisor shall specify the closest address at which the Post Office
Business Is then being carried on;
(vi) return to the Franchisor any Counter Automation Equipment
provided pursuant to the provisions of this Agreement.
Upon termination of this Agreement at any time after the Commencement
Date as a result of a purported termination by the Franchisee or otherwise by
teason of the Franchisee’s default, the Franchisor and/or Its agents and/or
contractors shall in order to provide continulty of services to customers have
the right immediately and for a period (the "Step-In Period") not exceeding
twelve months from the date of termination to occupy rent free the Said
ili
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(E)
(F)
(6)
Premises and any and all other parts of the Trading Premises as were at the
time of termination used by the Franchisee for and/or are reasonably
necessary for the purposes of conducting the Sald Business (together, the
“Step-In Premises’), The Franchisor shall during the Step-in Period endeavour
to find sultable alternative premises from which to operate a franchise Post
Office branch praviding It Is reasonable and practicable in the circumstances
for it to do so, The Franchisee shall fully co-operate with the Franchisor and
hereby Itrevocably authorlses the Franchisor to enter Into possession of and
to use the Step-in Premises and all of the facilities at the Said Premises as
were at the time of termination used by the Franchisee for and/or are
reasonably necessary for the purposes of conducting the Said Business. The
Franchisee will not make any charges for any facilities or services of any
nature whatsoever which It may provide or make avallable to the Franchisor
under this clause or otherwise,
For the avoidance of doubt, and without limitation, the obligations placed on
the Franchisee by sub-clause 7(J)(li) and 20(D) shall survive termination or
expiry of this Agreement.
During the period of any suspension under clause 19(E), the Franchisor may:
(i) suspend payment of all sums due to the Franchisee under this
Agreement;
(il) appoint temporary substitutes for the Franchisee and/or Its staff;
and
(il) deduct its costs incurred in so doing together with any other
costs and expenses incurred by the Franchisor as a result of the
suspension from any payments due to the Franchisee under this
Agreement.
Following the Franchisee’s suspension under clause 19 (E), the Franchisee
shall at its own cost and expense promptly take all steps reasonably
requested by the Franchisor to enable the Franchisor to appoint temporary
substitutes as quickly as possible and to enable the temporary substitutes to
operate the Said Business during the period of suspension.
21 DISABILITY DISCRIMINATION ACT
(A)
_ Franchisor as soon as reasonably practicable In order that the Franchisor
The Franchisee shall be solely responsible on its own behalf and on behalf of
the Franchisor, for ensuring that:
(i) the Said Premises; and
(i) the manner in which the Products and Services are provided by the
Franchisee to the public under the terms of this Agreement,
at all times comply with the requirements of Part Ill of the Disability
Discrimination Act 1995 (‘DDA’), Further, if the Franchisee believes that
the Products and Services themselves do not comply with any of the
requirements of Part Ill of the DDA, it shall ralse Its concerns with the
may take such steps as are reasonable to ensure that the Products and
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Services comply with Part Ill of the DDA, The Franchisee shall, on request,
co-operate with the Franchisor in ensuring that the Products and Services
comply with Part ll DDA,
(B) Should any of the Said Premises, the Products and Services fall to comply
with Part lil of the DDA in any respect then the Franchisee shall be
expressly prohibited from providing that particular Service or Product to
any customer of, where applicable, providing such Service or Product at the
Said Pramises until the Franchisee has taken steps to achleve compliance,
Failure to achleve compliance with Part Ill of the DDA shall constitute a
material breach of this Agreement,
(© Throughout the period of this Agreement the Franchisee shall:
(ili) take such steps that are necessary from time to time to comply
with Part lil of the DDA, subject to the prior written approval of the
Franchisor,
(iv) ensure that Its employees and agents are trained In the
requirements of Part Ill of the DDA;
(Y) carry out regular self audits of the Sald Premises and the manner in
which Products and Services are provided under the terms of this
Agreement to assess compliance with Part {ll of the DDA;
(vl) provide a copy of the latest self audit report to the Franchisor, as
well as details of what steps may be required to comply with Part Ifl
of the DDA at that time, within 14 days of a request being made,
The Franchisee shall when required explain and discuss the self-
audit report with the Franchisor; and
(vil) be responsible for any costs involved in carrying out its obligations
In terms of this clause 21,
(D) The Franchisor may, at its discretion, provide guidance, advice, equipment
and/or facilities to the Franchisee to assist In achleving compliance with
Part [ll of the DDA, Such guldance, advice, equlpment and/or facilities will
be general in nature and not specific to the particular circumstances of
the Said Business and cannot be relied upon as conforming to the
standards required of the Franchisee under the DDA, The Franchisee Is
responsible for supplementing any guidance, advice, equipment and/or
facllities provided by the Franchisor, having conducted Its own review of
DDA compliance and obtained its own legal and other expert advice as
appropriate, The Franchisor does not warrant or represent that any
advice, equipment and facilities supplied by it to the Franchisee shall
conform to the standards required from a Provider of Services (as
defined under section 19(2) of Part Ili of the DDA),
(E)The Franchisee indemnifles the Franchisor, Its holding and subsidiary
companies, officers and employees, and undertakes to hold them harmless
against all claims which may be made against any of them and against all
losses, costs and/or damages which they may Incur or suffer arising from any
claim brought under the DDA and/or its Regulations in respect of the
Franchisor's Business,
(F) — Should any enquiry, complaint or claim be made to or against the
Franchisee or the Franchisor, or should the Franchisee at any time become
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aware of any potential claim against the Franchisor from any third party
with regard to an alleged failure of the Franchisee and/or the Franchisor to
comply with the DDA and/or its Regulations, the Franchisee shall notify the
Franchisor In writing as soon as possible and by no later than 3 working
days from receipt of the enquiry, complaint or claim by the Franchisee, The
Franchisee must provide such co operation, Information and assistance
with the defence of any such clalm as may be reasonably required by the
Franchisor and the Franchisor shall be entitled, but not obliged, to take over
and defend any legal proceedings arising from such a claim on behalf of
the Franchisee,
(G) Should the Franchisee fail to comply with Its obligations as a Provider of
Services at any time then the Franchisor shall be entitled, but not obliged,
to perform any such obligations on behalf of the Franchisee and to recover
the costs of performing the same from the Franchisee on demand,
22, ENTIRE AGREEMENT
(A) _ This Agreement constitutes the entire agreement between the parties with
respect to its subject matter. No representations or agreements, oral or
otherwise, between the parties not embodied or referred to herein shall be of
any force or effect.
(B) Subject to clause 22(C) below, and save as specified herein, no variation to
this Agreement shall be effective unless recorded in writing and signed by
duly authorised representatives of each party.
(© — The Franchisor may amend or vary the Franchise Manual, the Operations
Manual, the remuneration booklet and the First Schedule frorn time to time
using whatever written means it deems appropriate, including all means of
electronic communication, Such amendments or variations shall be deemed
effective and incorporated in the Agreement from the date specified In any
such amendment or variation or the date of receipt, if later.
23. SEVERABILITY
{f any provision of this Agreement is invalid, illegal or incapable of being enforced by
reason of any rule of law or public policy, such provision shall be severed; all other
provisions of this Agreement shall remain in full force and effect. No provision of this
Agreement shall be deemed dependent upon any other provision unless so expressed
herein. °
24, WAIVER
The failure of the Franchisor to require performance by the Franchisee of any
provision hereof shall in no way affect the right of the Franchisor thereafter to
enforce such provision, nor shall the waiver by the Franchisor of any breach of
covenant, condition or proviso herein be taken or held to be a waiver of any further
breach of the same or any other covenant, condition or proviso, The rights of the
Franchisor hereunder are cumulate and no exercise or enforcement by the Franchisor
of any right or rernedy hereunder shall preclude the exercise or enforcement by the
Franchisor of any other right or remedy hereunder or which the Franchisor Is
otherwise entitled by law to enforce
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25, NO WARRANTIES
(A) _ The Franchisee shall make no statement, representations or claims and shall
give no warranties to any customer or prospective customer in respect of the
Products or the Services or the System save such as have been specifically
authorised by the Franchisor in writing or as provided in this Agreement.
(B) The Franchisor makes no warranties in relation to the level of revenue
expected to be obtained by the Franchisee through the operation of the Said
Business.
26, INDEMNITY
The Franchisee hereby undertakes to the Franchisor to keep it fully and effectually
indemnified against all claims, demands, losses, expenses and costs which the
Franchisor may reasonably and properly incur as a result of any breach by the
Franchisee or any of Its employees, subcontractors or agents, of clause 25 (A)or of any
other provision contained in this Agreement,
27. NOTICES, GENDER, NUMBER AND HEADINGS
Any notice required or permitted to be given hereunder shall be in writing and may be
delivered personally or posted by pre-paid registered post addressed to the Franchisor
of the Franchisee as appropriate, In this Agreement words importing the singular only
shall include the plural, and vice versa; words importing gender shail include masculine
and feminine genders. Headings in this Agreement are for ease of reference only and
are not part.of the Agreement
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28, RECOVERY OF SUMS DUE
If the Franchisee shall at any time owe any sum of money to the Franchisor under '
this Agreement or any other contract or agreement between the Franchisee and the !
Franchisor, the Franchisor may deduct such sum from any sum due to the Franchisee F
under this Agreement or any other contract or agreement between the Franchisor
and the Franchisee,
29, CHOICE OF LAW AND JURISDICTION
This Agreement shall be governed by and construed under and in accordance with
English Law and shall be subject to the exclusive jurisdiction of the English courts,
80. RIGHTS OF THIRD PARTIES
This Agreement does not in any way whatsoever entitle a person who is not a party to
the Agreement (including, without any limitation, any employee, officer, agent,
representative or subcontractor of the parties) to enforce any term of this Agreement
( which expressly, or by implication, confers a benefit on him pursuant to the Contract
(Rights of Third Parties) Act 1999, without prior agreement in writing of both parties.
31, I NOPARTNERSHIP
Nothing in this Agreement shall create or be deemed to create a partnership for the
purpose of the Partnership Act 1890 or joint venture between the parties,
32, I ADEQUACY OF DAMAGES
Without prejudice to any other rights or remedies that the Franchisor may have, the
Franchisee acknowledges and agrees that damages alone would not be adequate
; compensation for the Franchisor should the Franchisee breach its obligations under
I any of clauses 7(D)(Ii), 7(L)(i), 7(M), 20(D), 17 and the Franchisee confirms that the
i Franchisor shall be entitled without proof of special damages to the remedies of
injunction, specific performance or other equitable relief for any threatened or actual
breach of the said provisions of this Agreement.
33, MISCELLANEOUS
(A) __ If there are two or more persons as Franchisees as parties to this Agreement
all covenants and agreements on the part of the Franchisee shall be deemed
to be Joint and several covenants on their part.
(B) There shall be deemed to be incorporated into the option hereinbefore
contained for the purchase In certain circumstances by the Franchisor of the
Said Business the Standard Conditions of Sale (4th Edition) so far as the
same shall be applicable to the assets the subject of the option and are not
varied by or Inconsistent with the provisions hereof,
(C) Where ‘under any of the provisions of this Agreement the Franchisor's
consent or approval is required to be given or obtained, such consent or
approval to be effective and binding on the Franchisor, unless deemed by a
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provision in this Agreement to have been given, must be in writing and
signed for and on behalf of the Franchisor.
(D) Where in this Agreement there is a reference to a requirement of the
Franchisor (however expressed) it shall be deemed to include any q
tequiremment contained in the Franchise Manual provided that if there shall
be any conflict between the terms of this Agreement and the Franchise
Manual then the provisions of this Agreement shall prevail.
(E) Where in this Agreement there is reference to any matter to be specified by
the Franchisor, notice of such specified requirements may be communicated
by way of amendment or addition to the Franchise Manual.
(F) — Where in this Agreement there is a duty Imposed upon the Franchisee to
send money, reports or Information to the Franchisor postmarked not later
than a certain day which for any reason (including but not limited to strikes
or non-collection of post) the Franchisee cannot perform, the Franchisee
shall be under an obligation to ensure that such money, reports or
information are received by the Franchisor not later than during the second
day after the day upon which posting should have taken place.
a
_
Signed for and
on behalf of Post Office Ltd
Signed for and
on behalf
Signature; Signature:
Name in full Name in full,
Position hel y Position ¢ ¢
(Director or Company Secretary) (Director or Company Secretary)
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THE FIRST SCHEDULE
(A)
(B)
The prindpal Services and Products comprise:
(i) Payment of pensions, allowances, benefits, grants etc,
(i) Services relating to Government Documentation
(il) Services relating to Travel tickets
(iv) Services relating to Television Licences
(v) Services relating to Motor Vehicle Licences
(vi) Services relating to Other Licences
(vil) Services relating to Public Bodies or Public Authorities
(viil) Services relating to United Kingdom Passport applications
(ix) Bill payment services
(x) Pre-payment services
(xi) Services relating to Savings stamps
(xii) Services relating to Franking machines
(xiii) Services relating to postage stamps
(xiv) Services relating to postal packets
(xv) Issue and encashment of postal orders
(xvi) Personal banking services and money transfers
(xvil) Business banking services
(xviii) Services relating to Financial Services including without limitation
Insurance products
(xix) Services relating to Bureau de change
(xx) Financial Services
(xxi) Services relating to National and local lottery
(xxil) Services relating to phone cards
(xxiil) Telephony services
subject to varlation from time to time In accordance with the provisions
agreed between the Franchisor and Post Office Clients as notified to the
Franchisee in the Franchise Manual or otherwise in writing.
Such other Services and Products as may from time to time be introduced by
the Franchisor or a Post Office Client. The issuing of Instructions by the
Franchlsor In relation to the new Service or Product shall be deemed to
constitute the introduction of the Service or Product by the Franchisor.
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THE SECOND SCHEDULE
Part I
4 (‘the Said Equipment’)
Qty; Yr Wr Yr3 Yr4 ws
i £ £ £ £ £
} Electronic Letter / Parcel 0 Directly Purchased from the Approved
! Scales Supplier by Franchise
All amounts are exclusive of VAT which will be added at the rate in force for the individual year.
Note: The cost quoted in Part I above Includes repair and maintenance of the Said Equipment
{including the provision of spare parts] for normal wear and tear; misuse and other
damage not included,
Part tl
(terms of payment)
The Franchisee shall pay the aggregate of all sums payable as aforesaid by quarterly
payments In advance the first whereof shall be made on the execution hereof or if later (and in
respect thereof) on the date of supply of any Items of Said Equipment, Subsequent payments
for items received later than the execution of this Agreement shall be calculated pro rata to
combine with existing quarterly payments from the execution of this Agreement.
Part lil
(Other items Loaned to the Franchisee and details of maintenance)
Counter Autornation System
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THE THIRD SCHEDULE
RESPONSIBILITY FOR POST OFFICE LTD STOCK AND CASH
CREDIT STOCK OF STAMPS ETC.
1
The Franchisee shall be provided with suitable stocks of the Products, the amount of
which shall be determined pursuant to the terms of this Agreement.
CASH BALANCE
2.
The Franchisor operates a system of overnight cash holding targets for its retail
network which is aimed at minimising the amount of unproductive money held in
the network each night, The Franchisee is permitted to hald cash belonging to the
Franchisor to meet payments at the Said Business after due allowance has been
made for expected receipts and in accordance with the Franchisor's accounting and
security Instructions. The Franchisee will be targeted by the Franchisor to achieve a
specific average overnight cash holding figure over a period. The Franchisee will be
consulted before targets are set or revised; any changes in patterns of business
suggesting that a modification of the target would be appropriate must be brought
to the Franchisor's attention by the Franchisee.
The Franchisee shall not make use of any monies belonging to the Franchisor for
any purpose other that the requirements of the Said Business; and it must, on no
account apply to its own private use, for however short a period, any portion of the
Franchisor's money held by It in Trust as provided in this Agreement. The Franchisee
must keep the Franchisor's money separate from any other monies, Misuse of the
Franchisor's money may render the Franchisee liable to prosecution and will be a
breach of this Agreement which might result in.its termination,
ACCOUNTS
4,
The Franchisee must ensure that records of the Products and money entrusted to It
by or received on behalf of the Franchisor are kept in the form prescribed by the
Franchisor. {t shall Immediately produce these accounts, and the whole of the
money so held by it and stock for inspection whenever so requested by a person
duly authorised by the Franchisor,
SECURITY OF CASH, STAMPS ETC.
5.
The Franchisee is responsible for the safe custody of cash, the Products and other
property, papers and documents belonging to the Franchisor, whether held by itself
or by the Manager or its staff, and shall keep them in a place of security.
All vouchers for payments e.g. Postal Orders, Allowance Dockets etc, should be
placed In a suitable receptacle (cardboard box or strong envelope), labelled “Paid
Vouchers’ and at the close of business kept separately from cash and the Products
in another secure place, such as a locked drawer or cupboard.
The Franchisee must be careful to keep its stocks of all kinds in such a manner that
thay remain in good condition. The stocks must be protected against damp and
dust.
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8 Date stamps used for stamping paid vouchers and accepted postal packets must be
kept where they are out of reach of members of the public. When not needed for
work they must be locked away,
I 9. The Franchisee Is responsible for all losses however caused, Deficiencies due to such
! losses must be made good without delay,
10, The financial responsibility of the Franchisee shall not cease on the termination of
this Agreement, and it will be required to make good any losses incurred which rnay
subsequently come to light
t THEFT OR BURGLARY
11. Ifa theft or burglary is committed or attempted at the Post Office branch or the
Said Premises, whether or not the Franchisor's cash or the Products are stolen, the
facts must be reported at once to the Police and to the Franchisor by the person
who first makes the discovery.
lan
MISSING OR STOLEN STOCK
I 12. If the Franchisee considers that any value stock items have or may have been
FE accidentally lost or stolen It should make a report, In accordance with Appendix 1, as
quickly as possible to the Franchisor,
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Appendix 1
MISSING OR STOLEN STOCK
ACCIDENTAL LOSS
{f at any time any item of stock (including stock of no Intrinsic value such as motor vehicle
licences) is found to be missing, steps must at once be taken to ascertain what has
happened to the missing items. The serlal numbers must be ascertained (see 2(a)) and
verified by examination of items in stock, and the requisition forms examined to discover
whether or not any of the Items purport to have been issued out of sequence, All the
requisition forms for the previous 3 months must at the same time be Impounded and held
for instructions, If, after careful search, the missing items that cannot be found are thought
to have been mislald only, or inadvertently destroyed, a preliminary report of the loss giving
the serial number of the items in question must forthwith be sent by the Franchisee to the
Franchisor.
STOLEN ITEMS
13. If as a result of burglary, break-in, theft, or suspected theft, any item of stock is
missing or suspected to be missing, the facts should be reported as quickly as
possible by the Franchisee to the Franchisor.
14. The further details which will be required and which should be obtained and
submitted to the Franchisor at the earliest opportunity are as follows:
(a) the denominations, total values and serial numbers of the missing or stolen
items, so far as they are known, with serial numbers of any remaining stocks;
(b) a statement as to whether the date stamp of the office has been stolen or, if
not, whether there Is reason to belleve that it has been used upon the stolen
Items;
(Qa specimen impression of the date stamp and, if it was stolen, particulars of
the type in it when stolen;
(d) a statement of the circumstances which are thought to show that a theft has
been committed and of the supposed date, time and method of
commission, It should include, if possible, written reports from the person
who last saw the missing items and the person who first discovered the loss,
The former should say when the items were last seen, in what place and In
what kind of receptacle (locked or unlocked) they then were. The latter
should state how and when the loss was discovered and describe exactly the
condition of the place and of the receptacle from which the items were
apparently taken;
(e) particulars of any cheques, including details of the service or stock for which
they were accepted,
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I
I
THE FOURTH SCHEDULE
OPENING HOURS
$ The Said Business will be open and services available to customers on and during the
j following agreed days and hours I
i . I
Monday 08,30 to 17.30
Tuesday 09,00 to 17.30
4 Wednesday 08,30 to 17,30 co,
° q
Thursday 08,30 to 17,30
Friday 08.30 to 17,30
Saturday 0900 to 1730
Sunday Closed
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THE FIFTH SCHEDULE
1. The Franchisee Is QED whose registered number Is Company No,
hose registered office is a’
2, The converting Post Office® branch {s: QIN quae
eS)
3, The address of the Trading Premises Is: QD
4 The nature of the existing or proposed Basic Business is:
5. The Key Date is:
6. The franchise fee referred to in clause 11 (A) is £15,000 plus VAT at the appropriate
rate, .
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