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Company to Company contract
POST OFFICE LTD
SECTION 1
OPERATORS’ CONTRACT AND STATUS
CONTRACT
(c)
(4)
(f)
(9)
(h)
The Operator is an agent of Post Office Ltd.
The following terms used in this contract have the following meaning unless the context
requires otherwise:
Operator means the company that is appointed by Post Office Ltd to operate the Post Office
branch under this Contract;
Branch Manager means the person appointed by the Operator from time to time tomanage
the Post Office branch on a day to day basis, who may or may not be the Nominated Person;
Nominated Person means the person who is a director of the Operator, and who has been
notified to Post Office Ltd, by the Operator, to be the nominated person as referenced in
parts of this contract. Where the Operator operates more than one Post Office branchthe
Nominated Person must be the same person at all branches operated by the Operator;
Family Member means an individual's parent, child, spouse, civil partner, sibling, former
spouse or civil partner, grandparent, grandchild, nephew, niece or any person with whom
that individual is in a long term relationship;
Insolvency Event means an event listed in Section 24 of this contract;
Post Office Group means 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 givento
them in section 1159 of the Companies Act 2006;
Control and Change of Control have the meaning given to them in Section 23 ofthis
contract; and
Horizon means the Horizon computer system hardware and software,
communications equipment in Branch and central data centres where records of the
transactions made in Branch are processed, recorded and retained.
2.2 Unless otherwise stated or implied from the context all references to:
(a)
(b)
one gender includes references to the other genders (e.g. references to “he” include “she”
and “it”);
a person include references to a natural person and a corporate or unincorporated body
(whether or not having separate legal personality).
The Operator must provide and maintain, at its own expense, reasonable office
accommodation required by Post Office Ltd, and pay also at its own expense, any assistants
it may need to carry on Post Office Ltd business.
4. The hours of attendance (liable to variation) are:-
to to
to to on Sundays
to to
to to on Bank Holidays
to on week days to
to on Public Holidays
to
on days, except when registered items or parcels are on
hand for despatch, when it may be necessary to attend at
PM.
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10.
11.
12.
13.
14.
15.
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The Operator is required to accept full responsibility for the proper running of the Post
Office® branch and the efficient provision of those Post Office services which are required
to be provided there. The Operator will appoint a branch manager who must be registered
as an Assistant. For the avoidance of doubt, there is no requirement for the Nominated
Person or any other director of the Operator to attend the Post Office® branch personally
or tobe the branch manager. Retention of the appointment as Operator is dependent on
the Post Office® branch being well managed and the work performed properly to the
satisfaction of Post Office Ltd.
The Operator is informed at the time of its appointment of the classes of business itis
required to provide. It must also undertake, if called upon to do so later, any other class of
business not required at the time of its appointment but which Post Office Ltd may
subsequently and reasonably require it to do, except that Post Office Ltd may not require it
to undertake Mailwork where the Operator did not undertake to do so as part of the terms
of its appointment.
The Operator may change an existing Nominated Person to another director of the
Operator by providing written notice to the Human Resources Service Centre at Post Office
Ltd.
If Post Office Ltd alters the services to be provided or withdraws a service the Operator
has no claim to compensation for any disappointment which may result from the change.
The terms of the appointment of Operator do not entitle the Operator, the branch manager,
the Nominated person or any other director of or shareholder in the Operator to be paid sick
or annual leave or any pension.
If on termination of this contract the Operator disposes of its private business and/or
premises in which the Post Office® branch 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 Operator providing Post Office Limited acts for a proper purpose and in
accordance with its duty of good faith when exercising its discretion as to the appointment
of a new Operator.
The Operator may terminate this contract by giving not less than three calendar months'
notice in writing failing which it shall be liable to bear any expense incurred by Post
Office Ltd in consequence.
This contract may be terminated by Post Office Ltd at any time:
(a) in case of breach of condition by the Operator, or non-performance of its obligation
or non-provision of Post Office Services by the Operator, but only if any of such breach,
non-performance or non-provision is repudiatory; or
(b) if an Insolvency Event occurs in relation to the Operator; or
(c) if there is a Change of Control of the Operator,
but otherwise may be terminated by Post Office Ltd, subject to paragraph 3 of Section 8,
on not less than three months' notice, provided that Post Office Ltd shall, acting in good
faith and taking into account all relevant factors (but not irrelevant ones), conscientiously
consider what the duration of such notice period should be.
The Operator will display a vacancy notice in the Post Office® branch window at the time
this contract is terminated if so required by Post Office Ltd.
The Operator's initial remuneration will be in accordance with the official figures of
business found to be warranted at the time.
The Operator shall notify Post Office Ltd in writing within 14 days:
(a) of any Change of Control of the Operator, giving the date on which the Change of
Control occurred and the full name and residential address of the person to whom Control
has passed;
(b) of the appointment or removal of any director of the Operator, giving the date on which
the appointment or removal occurred and the full name and residential address of the
person removed or appointed.
PO RULES & POSTAL INSTRUCTIONS
16.
17.
18.
19.
20.
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SECTIONS 1-24 contain the general terms of an Operator's appointment. Post Office Ltd
issues the Operator with rules and Postal Instructions which deal with the various classes
of Post Office® Business to be transacted at the Post Office® branch.
The rules provided for the instruction and guidance of Operators must be kept up to date.
They must be carefully studied and applied. No breach of rules will be excused onthe
grounds of ignorance.
Operational rules are intended for the instruction and guidance of both the Operator andthe
Post Office® branch Assistants which it employs at its Post Office® branch. The Operator
must ensure that its Post Office@® branch 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 Operators.
The Operator shall 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. The products and services
that the Operator is authorised to sell or provide shall be those for which a relevant icon is
visible on any Horizon system in use at the branch or, by such other process provided and
used to assign product availability in either the current Horizon system or any future
equivalent point of sale accounting system.
CONTRACT - CHANGES AND AMENDMENTS
21.
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
communications from Post Office Ltd or by amendment to the Contract. Such changes and
instructions are deemed to form part of the Operator’s contract to the extent that such
changes and instructions are reasonable.
POST OFFICE LTD
21.
All instructions received from Post Office Ltd should be carried out as promptly aspossible,
provided such instructions are reasonable.
OVERRIDING DUTIES
22.
(a)
(b)
(d)
23.
(a)
(c)
(d)
Each party shall:
at all times in the performance of its obligations and exercise of its rights under the
contract act in good faith;
take reasonable care in performing its functions and/or exercising its functions within the
relationship, particularly those which could affect the accounts (and therefore liability to
alleged shortfalls);
refrain from taking steps that would inhibit or prevent the other party from complying with
its obligations under or by virtue of the contract; and
provide the other party with such reasonable cooperation as is necessary to the
performance of the other party's obligations under or by virtue of the contract.
Post Office Ltd shall:
not take steps which would undermine the relationship of trust and confidence between
the Operator and Post Office Ltd;
exercise any contractual, or other power, honestly and in good faith for the purpose for
which it was conferred;
not exercise any discretion arbitrarily, capriciously or unreasonably; and
exercise any such discretion in accordance with the obligations of good faith, fair dealing,
transparency, co-operation, and trust and confidence.
END
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POST OFFICE LTD
SECTION 2
REMUNERATION
GENERAL
1. The Operator is paid according to the amount of work which is transacted at its 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 Operator’s
appointment, in accordance with the provisions of the remuneration booklets referred to
below.
3. COMMERCIAL BRANCHES AND SMALL BRANCHES
3.1. The method of calculating an Operator’s remuneration will depend on whether its
Post Office® branch is designated by Post Office Ltd from time to time as eithera
“Commercial Post Office® branch” or a “Small Post Office® branch” in accordance
with the provisions of the remuneration booklets issued by Post Office Ltd fromtime
to time for each category of branch.
3.2 The remuneration system applicable to Operators of each category of branch is 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
Operators.
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 theremuneration
system applicable to them) from time to time, following negotiation with the National
Federation of Subpostmasters. Any such revisions will be communicated to
Operators. Where appropriate, revised versions of the booklets will be distributed to
Operators.
3.5 The remuneration booklets (and any revisions to them) form part of the Operator’s
Contract.
SEASONAL POST OFFICE ® BRANCHES
4. Where a Post Office® branch is regularly open for part of the year only, remuneration will
be paid for the period of opening only.
OPERATOR’S PERSONAL BUSINESS
5. Full credit is normally allowed for the personal Post Office® business of a Nominated
Person and his Family Members, but Post Office Ltd reserves the right to withhold credit
for part of such business at its discretion.
PROHIBITIONS
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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 an Operator in breach of this clause.
QUESTIONS ABOUT REMUNERATION
7 If a Operator considers that the provisions of this Section have not been correctly applied
in the case of its branch it should contact the Human Resources Service Centre on: 0845
601 6260
END
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POST OFFICE LTD
SECTION 3
NOMINATED PERSON'S ABSENCE FROM OFFICE
GENERAL
The Operator is free to permit the Branch Manager to absent himself from the Post Office branch,
provided the Operator makes suitable arrangements for the conduct of the office during the
absence of the Branch Manager. Neither the branch manager, nor the Nominated Person nor any
other director or shareholder of the Operator, may be involved in the operation of the Post Office®
branch unless they are also a registered Assistant.
The Operator should notify the Human Resources Service Centre on form P2593 when the Branch
Manager will be away for a period of more than 3 days and give the name of the person
substituting for him.
An Operator‘s responsibility for the proper conduct of the office, or for any losses occurring during
the absence of the Branch Manager, is in no way diminished by the absence of the Branch
Manager from the Post Office® branch. The Operator must make proper provision, at its own
expense, for the conduct of the office while the Branch Manager is away, but assistance towards
the cost of substitution of the Branch Manager where he is also the Nominated Person is provided,
in respect of certain absences, under the terms outlined in other relative sections listed below:-
SECTION 4 Absence on holiday
SECTION 5 Absence on Territorial Training
SECTION 6 Absence for Jury Service
SECTION 7 Sick Absence Scheme
END
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POST OFFICE LTD
SECTION 4
ABSENCE ON HOLIDAY - HOLIDAY SUBSTITUTION ALLOWANCE
1.
Subject to the following conditions the Operator may claim for reimbursement of the
necessary cost of substitution for the Nominated Person when the Nominated Person is
taking a holiday. To qualify for reimbursement, the Operator must be able to certify thatthe
Nominated Person renders on average not less than 18 hours personal service as an
Assistant each week.
The reimbursement of the costs of substitution is paid as Holiday Substitution Allowance
and the maxima payable are published annually by Post Office Ltd and communicated tothe
Operator from time to time. The sum reimbursable is the net additional cost necessarily
incurred by the Operator in providing during the absence of the Nominated Person forthe
Post Office® duties which the Nominated Person normally performs.
To assist Operators 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 Nominated Person with less than 10 years’ service; a total not exceeding 7 weeks ina
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 Nominated Person with 10 years or more aggregated service; a total not exceeding 8
weeks in a period of 24 months beginning 1 April in every odd year; 8 weeks forthis
purpose consists of 48 weekdays plus not more than 8 associated Sundays.
NOTE: Subject to the above limits on holiday periods, Operators may claim reimbursement of
substitution costs for absences of Nominated Persons of less than 3 days, provided that claims are
aggregated and made quarterly.
6.
Proportionate adjustments will be made to the period for which reimbursement can be
claimed when a Nominated Person qualifies for the higher allowance during the 2 year
cycle.
Subject to the limits in paragraphs 3, 4 & 5, an Operator is free to permit the Nominated
Person to take up to the maximum of the period for which holiday substitution allowance
may be claimed at any time during the 2 year cycle provided that the Operator makes
suitable arrangements for the conduct of the office during its absence or that of the
Nominated Person. A further cycle will recur in every odd year.
The Operator must do its best to find a suitable substitute and make all necessary
arrangements for the absence of the Nominated Person, which should be notified tothe
Human Resources Service Centre on form P2593. In cases of difficulty Post Office Ltd or
the Secretary 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 reliefs to Operators. Responsibility for concluding arrangements with
such people remains with the Operator concerned.
CLAIMS FOR REIMBURSEMENT
9.
10.
The Operator must submit a formal claim for reimbursement of the holiday substitution
allowance on the relevant forms (obtainable from the Human Resources Services Centre),
and provide Post Office Ltd with all requested information, within three months of theend
of the period of substitution to which the claim relates, except in the cases as in paragraph
10 where claims should be submitted quarterly.
Claims for reimbursement of substitution costs for absences of less than 3 days (see Note
at paragraph 5) should be submitted on the relevant forms obtainable from the Human
11.
12.
13.
14.
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Resources Services Centre), and provide Post Office Ltd with all requested information, at
the quarter ended. 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 tothe
Human Resources Service Centre no later than six months following the date the claimis
made.
Where a Nominated Person is also separately employed by Post Office Limited or any third
party either on a full or part-time basis, it is essential, in view of the terms of thecertificate
required as a condition of reimbursement of the cost of his substitution, that he should be
absent from all Post Office Limited work and all work for any third party during his holiday
as Assistant.
A Operator who holds more than one Post Office® branch appointment and who satisfies
the general conditions entitling it to claim reimbursement in respect of the absence ofa
Nominated Person must also satisfy the further condition that that Nominated Person is
absent from all the Operator's Post Office® branches at the same time, i.e. irrespective of
the number of Post Office® branch appointments held, the Operator shall only be entitled
to claim 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 the Operator and Nominated Person in aggregate have less than 10
years’ service;
12.2 not more than 8 weeks in the 24 months beginning 1 April in every odd
year, if the Operator and Nominated Person in aggregate have 10 years or
more aggregated service.
Only one claim for reimbursement is admissible and not one claim per Post Office branch
appointment held.
Reimbursement of the cost of annual holiday of Nominated Persons warranted under the
foregoing rules will be restricted in respect of an Operator’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.
PREPARATION OF CASH ACCOUNTS DURING ABSENCE ON HOLIDAY
15.
16.
17.
18.
An Operator is allowed to dispense with the preparation of cash accounts on up to3
occasions in each accounting/financial year during the absence of the Nominated Person
on holiday. On one occasion a cash account may cover up to 3 weeks transactions, andon
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, tothe
National Business Support Centre (NBSC) at least 3 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
week, e.g. Christmas and New Year. However, applications to dispense with oneaccount
at such times will be considered.
END
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POST OFFICE LTD
SECTION 5
ABSENCE - TO ATTEND TERRITORIAL, FORCES RESERVE, ETC., TRAINING
1. An Operator may be reimbursed with the cost of providing a substitute for a Nominated
Person who renders an average not less than 18 hours personal services each week, upto
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, etc., camp.
2. Claims should be made on form P2340 and P2340(A on which the Operator must certify
that the Nominated Person has spent the whole period covered by the claim in full-time
training with the force concerned and that the Operator 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).
3. Territorial, etc. 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
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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POST OFFICE LTD
SECTION 6
ABSENCE FOR JURY SERVICE
1. If the Nominated Person receives a summons to serve on a jury the Operator should notify
Post Office Ltd immediately, and should inform them of the arrangements which it proposes
to make for the conduct of the work of the Post Office® branch in the absence of the
Nominated Person.
2. Where exceptionally the Operator is unable to find a substitute for the Nominated Person
and the Post Office® branch is temporarily closed on account of the absence of the
Nominated Person on jury service, the scale payment for the period of the closure willbe
withheld.
END
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POST OFFICE LTD
SECTION 7
OPERATOR'S SICK ABSENCE SCHEME - SUBSTITUTION ALLOWANCE
Subject to certain conditions and limitations described below, the Operator is entitled to
claim sick absence substitution allowance, in respect of the costs of substitution necessarily
incurred, when the Nominated Person is absent from the Post Office® branch through
illness.
CONDITIONS AND LIMITATIONS
2.
The Operator may claim Sick Absence Substitution Allowance in respect of a Nominated
Person who gives 18 hours or more personal service a week as an Assistant, who is not
over 70 years of age, and who is absent from the Post Office® branch through illness. The
maxima rates payable are published from time to time. 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.
Payment of the allowance will be limited to an aggregated period of 13 weeks (91 days
including not more than 13 associated Sundays) in any consecutive period of 12 months.
Where a Nominated Person is incapacitated by an accident or illness which results, oris
likely to result, in a continuous absence beyond 13 weeks, Post Office Ltd 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. Wherean
Operator has already received up to 12 weeks of the Sick Absence Substitution Allowance
entitlement in the previous 12 months in respect of a Nominated Person the Operator may,
because of an absence of that Nominated Person resulting from an extended illness, be
entitled to an allowance up to a maximum of 26 weeks in any one period of 12 months.
Where an Operator'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 an Operator be allowed to aggregate separate periods of sick absence of
a Nominated Person beyond 13 weeks in any one period of 12 months.
The maximum allowance payable will be the total amount calculated by applying the
Operator'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.
Where an Operator holds more than one Post Office® branch appointment and the same
person is the Nominated Person at more than one of those Post Office® branches, the
Operator will be entitled to claim the allowance in respect of only one branch forthat
Nominated Person.
Any Operator 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 Human
Resources Service Centre after the Nominated Person has been absent for three weeks.
Thereafter the Operator should claim the allowance at the end of each subsequent period of
absence of four weeks (or at the end of the period of absence if that is reached earlier).
Claim forms will be supplied by the Human Resources Service Centre on request.
PERIODS OF SICK ABSENCE OF LESS THAN 3 WEEKS
10.
Where a Nominated Person is absent sick for a period of less than three weeks, and the
Operator does not qualify for payment of the sick absence substitution allowance in respect
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of that Nominated Person, the Operator will be free to claim, in respect of any substitute for
the Nominated Person, Holiday Substitution Allowance for the period of absence up tothe
limit of any outstanding balance of its HSA entitlement. Claim forms will be supplied by the
Human Resources Service Centre on request.
The amounts payable will not be subject to abatement of any national insurancesickness
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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POST OFFICE LTD
SECTION 8
TERMINATION
1.
(c)
(d)
(a)
(b)
(c)
The Operator may terminate this contract by giving not less than 3 calendar months' notice
in writing. If the Operator does not give such notice Post Office Ltd may require the
Operator to pay any expense which Post Office Ltd incurs in providing temporary
arrangements to cater for the business which would normally be expected to be transacted
at the Post Office® branch during any part of the 3 month notice period.
This contract may be terminated by Post Office Ltd at any time:
in case of breach of condition by the Operator, but only if such breach is repudiatory; or
non-performance of its obligation or non-provision of Post Office Services by the
Operator, but only if such non-performance or non-provision is repudiatory; or
if an Insolvency Event occurs in relation to the Operator; or
if there is a Change of Control of the Operator,
but otherwise may be terminated by Post Office Ltd on not less than three months' notice,
provided that Post Office Ltd shall, acting in good faith and taking into account all relevant
factors (but not irrelevant ones), conscientiously consider what the duration of such
notice period should be.
Subject to paragraph 4, but notwithstanding any other provisions of this contract, Post
Office Ltd shall not terminate the contract:
arbitrarily, irrationally or capriciously;
without reasonable and proper cause; and/or
in circumstances where Post Office Ltd is itself in material breach of duty in respect of
the matters which Post Office Ltd considers give it the right to terminate.
Paragraph 3 does not restrict Post Office Ltd's ability to terminate for a repudiatory
breach.
END
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POST OFFICE LTD
SECTION 9
INJURY RESULTING FROM CRIMINAL ATTACK
REPORTS
1. If an Assistant is injured in an attempted robbery of Post Office property a report shouldbe
made at once to Post Office Ltd however slight these injuries may appear to be. In
addition, in order that entitlement to National Insurance (Industrial Injury) benefit maybe
preserved it is important that the Department of Work and Pensions (DWP) should be
informed without delay.
POST OFFICE LTD PERSONNEL CRIMINAL INJURY COMPENSATION SCHEME
2. The scheme has application to Assistants and reliefs and substitutes who sustain
permanent physical injury during the theft/attempted theft of Post Office® property onthe
premises, in or out of normal business hours; or whilst travelling to/from the bank on Post
Office® business.
3. For the purpose of the scheme, registered Post Office® branch Assistants are those: -
(a) whose commencement of employment has been reported to the Post Office Ltd on
form P250 and thereafter recorded on form P356W 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 substitute has been reported to Post
Office Ltd 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
(c) a period of 3 years has elapsed.
Any payment thus made will be refunded if subsequently the person concerned is foundto
be alive.
EXCLUSIONS
4. The policy does not cover:-
(a) Bodily injury sustained whilst under the influence of intoxicating liquor or drugs 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;
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(c) any pre-existing physical or mental defect or infirmity;
(d) war risks.
CONDITIONS
The maximum benefit payable to one 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 Post Office Ltd. Post Office Ltd’s
liability for a series of claims in any insurance period for the same person shall not exceed the
maximum benefit (£60,000).
5.1 Any benefits payable under Parts 2 and 3 of the Schedule of Benefits will only be paidon
receipt of a DWP Medical Assessment, confirming permanent disablement Data to be supplied to
Post Office Ltd. Payment under Part 2 will not be made 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.
5.2 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.
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 under Parts 1, 2 or 3 of the schedule but is subject to an overriding
maximum 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 informationas
requested by Post Office Ltd.
5.5 Disablement or Partial loss not specified in the schedule of benefits.
The percentage benefit will be in accordance with the DWP medical assessment.
CLAIMS PROCEDURE
6. Claims must be made by the injured person (or his personal representative) to Post Office
Ltd within 3 months of the date of the incident(s). Claim forms are available from Post Office Ltd
or the Headquarters of the National Federation of Sub-Postmasters.
EVIDENCE
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7. All certificates and information shall be sent to Post Office Ltd as and when requested. Ifa
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, submitto
medical examination in respect of any alleged bodily injury.
8. In the event of any dispute, Post Office Ltd reserves the right to take such disputes to an
independent insurance broker for arbitration.
9. 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 Authority, whose address is Alexander Bain House, Atlantic Quay, 15 York Street,
GLASGOW G2 8)Q Details of scheme can be obtained from the Authority, Office of the
Department of Work and Pensions 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)
16
APPENDIX 1
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 arms 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)
Total amputation of forefinger
Amputation of two phalanges of forefinger
Amputation of ungual phalanx of forefinger
Simultaneous amputation of thumb 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 thumb, forefinger and median
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£60,000
£60,000
expressed as a
percentage of
£60,000
100%
30-40%
20%
LEFT/RIGHT
60%
30%
10%
14%
11%
9%
35%
30%
12%
30%
45%
50%
12%
7%
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)
Partial loss of foot) (tarso-metatarsal disarticulation)
Shortening of the lower limb by at least 5cm
Shortening of the lower limb by at least 3 to Scm
Shortening of the lower limb by 1 to 3cm
Total amputation of all toes
Amputation of four toes including big toe
Amputation of four toes
Amputation of big toe
Amputation of two toes
Amputation of one toe other than the big toe
Benefit from other injuries will be paid according to DWP 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
18
expressed asa
percentage of
£60,000
80%
70%
30%
30%
30%
20%
40%
40%
40%
20%
14%
9%
14%
5%
3%
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POST OFFICE LTD
SECTION 10
RESPONSIBILITY FOR POST OFFICE@® STOCK AND CASH
CREDIT STOCK OF STAMPS ETC.
1.
The Operator on taking up its appointment is supplied with suitable Post Office® stock, the
amount of which is fixed by Post Office Ltd.
CASH BALANCE
2.
The Operator is permitted to hold Post Office Ltd cash normal to meet payments at its Post
Office® branch after due allowance has been made for expected receipts and in accordance
with official accounting and security instructions.
The Operator is expressly forbidden to make use of the balance due to Post Office Ltd for
any purpose other than the requirements of the Post Office® service; and its must, onno
account apply to its own private use, for however short a period, any portion of Post Office
Ltd funds entrusted to it. It must also be careful to keep the Post Office® money separate
from any other monies. Misuse of Post Office Ltd cash may render the offender liable to
prosecution and, or, (subject to Section 8) the termination of its Contract of Appointment.
ACCOUNTS
4.
The Operator must ensure that accounts of all stock and cash entrusted to it by Post Office
Ltd are kept in the form prescribed by Post Office Ltd. It must immediately produce these
accounts, and the whole of its Post Office@® branch cash and stock for inspection whenever
so requested by a person duly authorised by Post Office Ltd.
SECURITY OF CASH, STAMPS ETC.
5.
The Operator is held strictly responsible for the safe custody of cash, stock of all kinds and
other Post Office Ltd property, papers and documents, and should keep them in a place of
security, especially at night.
The Operator is responsible for maintaining a standard of security sufficient to enable it to
meet the obligations laid on it by paragraph 5 for the safe keeping of Post Office Ltd cash
and stock placed in its care. If any circumstances arise which lead it to doubt whether it can
do so it should immediately consult Post Office Ltd.
In deciding the standard of security which it would be reasonable to require under paragraph
6 Post Office Ltd will have regard to (a) the circumstances in which the Operator was
appointed, and in particular the standard of security then accepted; (b) the length oftime
since its appointment; and (c) any particular circumstances affecting the Post Office®
branch which appear to be relevant.
All vouchers for payments e.g. Postal Orders, Allowance Dockets etc., should be placed ina
suitable receptacle (cardboard box or strong envelope), labelled “Paid Vouchers” and atthe
close of business kept separately from cash and stock in another secure place, such asa
locked drawer or cupboard.
The Operator must be careful to keep its stocks of all kinds in such a manner thatthey
remain in good condition. The stocks must be protected against damp and dust.
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10. Datestamps used for authenticating documents (e.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.
11. Precautions should be taken to guard against the risk of fire.
LOSSES
12. The Operator is responsible for all losses caused through its own negligence, carelessness
or error, and also for all losses caused by the negligence, carelessness or error of its
Assistants.
13. Subject to paragraphs 12 and 13A of this Section 10, the financial responsibility of the
Operator does not cease when it relinquishes its appointment and it will be required to
make good any losses incurred during its term of office that may subsequently come to
light.
13A Post Office Ltd shall not seek recovery from the Operator unless and until:
(a) it has complied with its duties under paragraph 20 of this Section 10 (or some of them);
(b) it has established that the alleged shortfall represents a genuine loss to it; and
(c) it has carried out a reasonable and fair investigation as to the cause and reason for the
alleged shortfall and whether it is properly attributable to the Operator under the terms of
this contract.
GAINS
14. Surpluses may be withdrawn provided that any subsequent charge up to the amount
withdrawn is made good immediately.
THEFT OR BURGLARY
15. If a theft or burglary is committed or attempted at a Post Office® branch, whether ornot
official cash or stock is stolen, the facts must be reported at once to the Police and to Post
Office Ltd by the person who first makes the discovery.
MISSING OR STOLEN STOCK
16. If an Operator considers that any stock items have been accidentally lost, or stolen itshould
make a report, in accordance with Appendix 1, as quickly as possible to Post Office Ltd.
RELIEF
17. COUNTER LOSSES: A Operator may exceptionally not be required to make good the full
amount of certain losses at its office. If it feels entitled to relief in making good a loss it
should apply to Post Office Ltd
18. THEFT OR BURGLARY: The question of granting relief will depend upon whether the
Operator 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 Post Office
Ltd.
POST OFFICE DUTIES
20. Post Office Ltd shall:
(a) provide the Horizon system, which shall be reasonably fit for purpose, including any or
adequate error repellency;
(b) provide adequate training and support, including through the provision of training
20
(c)
(d)
(e)
(h)
(i)
(i)
(k)
()
materials, to the Operator, particularly if and when the Post Office Ltd imposes new
working practices or requires the provision of new services;
properly and accurately effect, record, maintain and keep records of all transactions
effected using Horizon;
properly and accurately produce all relevant records and/or explain all relevant
transactions and/or any alleged or apparent shortfalls attributed to the Operator;
co-operate in seeking to identify the possible or likely causes of any apparent or alleged
shortfalls and/or whether or not there was indeed any shortfall at all;
seek to identify the causes of any such apparent or alleged shortfalls, in any event;
disclose possible causes of apparent or alleged shortfalls (and the cause thereof) to the
Operator candidly, fully and frankly;
make reasonable enquiry, undertake reasonable analysis and even-handed investigation,
and give fair consideration to the facts and information available as to the possible causes
of the appearance of alleged or apparent shortfalls (and the cause thereof);
communicate, alternatively, not conceal known problems, bugs or errors in or generated
by Horizon that might have financial (and other resulting) implications for the Operator;
communicate, alternatively, not conceal the extent to which other operators of Post Office®
branches are experiencing problems relating to Horizon and the generation of
discrepancies and alleged shortfalls;
not conceal from the Operator Post Office Ltd's ability to alter remotely data or
transactions upon which the calculation of the branch accounts (and any discrepancy, or
alleged shortfalls) depend; and
properly, fully and fairly investigate any alleged or apparent shortfalls.
(APPENDIX 1 FOLLOWS)
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APPENDIX 1
ACCIDENTAL LOSS
If at any time any items of stock (including stock of no intrinsic value such as motor vehicle
licences) are found to be missing, steps must be taken at once to ascertain what has happenedto
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 destroyed, a preliminary report of the loss giving the serial numbers of the itemsin
question must be sent to Post Office Ltd.
STOLEN ITEMS
1. 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 Post Office Ltd.
2. The further details which will be required, and which should be obtained and submitted to
Post Office Ltd 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) A statement as to whether the date stamp of the Post Office@ branch 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 isa
reason to believe that it has been used upon the stolen items.
(c) A 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 report from the person who last saw the missing itemsand
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) theythen
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 the transaction for which they were accepted.
END
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POST OFFICE LTD
SECTION 11
RESPONSIBILITY FOR THE SAFEGUARDING OF THE MAIL
1.
The Operator is responsible for the safekeeping of any letter, parcel, packet or other item
transmissible by post which is conveyed, received, sorted, collected, delivered or
otherwise handled in accordance with the provisions of this Contract (defined hereinafter
as a “Postal Packet”) whilst such Postal Packets are in its custody, and it must take all
reasonable measures to protect them from delay, loss, theft, damage and/or interference
of any kind.
Security instructions issued and amended (where necessary to minimise the risks referred
to in paragraph 1 above) from time to time by Post Office Ltd set out the procedures which
the Operator must follow in relation to the collection, handling, conveyance and delivery of
any Postal Packet. Failure by the Operator or any Assistant to follow any such procedure
will be deemed to be a breach of condition of this Contract by it, and Post Office Ltd
reserves the right to take appropriate action in the circumstances.
INFORMATION/REPORTING REQUIREMENTS
3.
The Operator acknowledges that Post Office Ltd views every incident of damage to, theft
or loss of, or interference with, a Postal Packet as being very serious in nature. The
Operator must therefore report as soon as possible to Post Office Ltd every such incident
in the manner set out in Section 10, or as may otherwise be required by Post Office Ltd.
END
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POST OFFICE LTD
SECTION 12
PREMISES
1.
The Operator must, at its own expense, provide premises in which such reasonable office
accommodation and fittings as Post Office Ltd may require are made available for carrying
on the Post Office® business.
TENANCY
2.
The Operator must 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 on a suitable tenancy by the Nominated Person, or the spouse or civil partner
or other near relative of the Nominated Person.
The Operator must also at its own expense:-
clean, decorate and maintain the Post Office® branch premises inside and out to agood
standard;
light and heat the Post Office® branch premises;
exhibit the Post Office® branch title (i.e. “. . . POST OFFICE®”) in large painted lettersin
a prominent position outside the building.
in Wales exhibit an external bi-lingual sign “Syddfa’r Post®/Post Office®”;
if required, provide convenient space for a letter box;
if required, provide, where no security screen of a type approved by Post Office Ltd already
exists, for the installation of such a screen. Post Office Ltd will provide and pay forthe
components of the screen and the Operator will be responsible for its erection to the
satisfaction of Post Office Ltd and for its maintenance. On installation the screen will
become the property of the Operator.
ALTERATIONS TO POST OFFICE® BRANCH PREMISES, ACCOMMODATION
4,
The Operator must not, without the prior agreement of Post Office Ltd:-
move the Post Office® branch to premises other than those in which it was situated at the
time of its appointment;
alter the accommodation for carrying on the work of the Post Office® branch from that
agreed at the time of its appointment.
NOTICES, PUBLICITY ETC.
5.
The Operator 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 Post Office
Ltd, and
other notices and leaflets, as required by Post Office Ltd.
The Operator must permit Post Office Ltd to provide (in addition to a security screen -
paragraph 3) any improvements in the standard of security which it decides to benecessary
and for which it is prepared to pay.
24
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RESITING OF POST OFFICE® SECURITY EQUIPMENT
7.
Where any agreed re-arrangement of the Post Office® branch accommodation and/or fittings
- see paragraph 4 - involves the moving of Post Office® security equipment the Operator's
contribution to the cost of doing so will be decided as follows:-
(a)
(b)
(c)
NATURE OF ALTERATION CONTRIBUTION
REQUIRED OF
OPERATOR
Operator wishes to improve Post Office® NIL
accommodation and Post Office Ltd agrees
improvement is desirable.
Operator has no alternative but to move its NIL
premises or alter them to meet requirements
beyond its control.
Operator wishes to re-arrange its private 50%
accommodation, which will neither increase nor
improve the Post Office® accommodation, but will
require security equipment to be moved.
Operator wishes to re-arrange its private 80%
(d)
accommodation, which will reduce Post Office®
accommodation, though not to a level
unacceptable to Post Office Ltd, but security
equipment will need to be moved.
The above scale is intended as a rough guide only and Post Office Ltd has discretion to fix thelevel
of contribution according to the circumstances of each particular case.
RESIDENCE
8.
If the Nominated Person does not reside on the premises the Operator must satisfy Post
Office Ltd that proper provision has been made for the safety of Post Office Ltd cash and
stock entrusted to the care of the Operator. If residential accommodation is associated with
the Post Office® branch the Operator must inform Post Office Ltd if it is not occupied by the
Nominated Person, or if the Nominated Person ceases to occupy it, and must immediately
inform Post Office Ltd if at any time it becomes vacant.
MAILWORK OFFICES
9.
At Mailwork Post Office® branches where Royal Mail employees work on the premises, the
Operator will in addition be required to provide at its 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;
Facilities for making tea, if required;
Adequate lighting and ventilation;
Adequate heating in winter.
25
10.
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The Operator, as occupier of the premises, is required to provide most of the abovefacilities
under the provisions of the Offices, Shops and Railways Act 1963. It is likely thatthe
presence of postmen on the premises will require the Operator, as occupier, to comply with
other provisions of this Act. In addition duties are laid down in Sections 3 and 4 ofthe
Health and Safety at Work Act 1974, as regards persons not in its employment. Bearing in
mind that the responsibility is its own, it is in the Operator’s best interest to be aware of the
various requirements of these Acts.
ADVERTISEMENTS
11.
12.
13.
A title, which might suggest that Post Office Ltd is concerned in the management ofthe
Operator’s private business, such as “Post Office Stores”, must not be used.
No advertisement may be exhibited in the part of the premises used for Post Office®
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 that Post
Office Ltd supported one side or the other;
- any commercial business which operates services of a kind conducted by Post
Office Ltd.
Otherwise Post Office Ltd is not concerned with the display of commercial advertisements
in the Post Office® branch providing that they are not placed in such position as toimpair
the security or the facilities for transacting Post Office® business. In cases of doubt the
matter should be referred to Post Office Ltd.
END
26
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POST OFFICE LTD
SECTION 13
HOURS OF BUSINESS
INTRODUCTION
1. The actual hours of opening of any individual Post Office® branch are set by Post Office Ltd
in accordance with the following rules.
The Operator must not without permission vary the hours of public business set by Post
Office Ltd.
STANDARD COUNTER HOURS OF SERVICE
2. The standard hours during which the Operator may be required to open its Post Office®
branch in order to transact all kinds of Post Office® business appropriate to it 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 Operator’s request Post Office Ltd 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 Post Office Ltd andthe
Operator.
3.2 On 1 afternoon per week (normally Tuesday, Wednesday or Thursday but, in
exceptional circumstances Monday to Friday) from 1300 onwards.
EXTENDED HOURS
4. Where an Operator wishes to conduct Post Office business outside standard hours, Post
Office Ltd will consider such requests taking into account the normal shopping pattern in the
locality and the proximity of other Post Office® branches.
5. Where Post Office Ltd considers non-standard hours may be more appropriate for a
particular office but the Operator disagrees, the Operator may if it wishes trial a
rearrangement of the opening hours. A trial period should not extend beyond three months.
SUSPENSION OF MID-WEEK HALF-DAY CLOSING DURING THE CHRISTMAS AND NEW
YEAR PERIOD AND (WHERE APPLICABLE) ON THE THURSDAY PRECEDING GOOD FRIDAY
6. Post Office Ltd may, on its own initiative or at the request of the Operator, 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. No additional payment
will be made by Post Office Ltd for such opening.
LOCAL HOLIDAYS AND TUESDAYS AFTER BANK HOLIDAYS
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7. Post Office Ltd will review the concession under which some Post Office® branches close on
Local Holidays or 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 Post Office® branch is closed for National or Local holidays shouldbe
prominently advertised at the Post Office® branch concerned.
PAYMENT FOR THOSE PERIODS OUTSIDE THOSE MENTIONED IN PARAGRAPH 2 ABOVE -
NON MAILWORK OFFICES
9. No additional payment will be made by Post Office Ltd for any opening outside standard
Counters’ hours other than that attracted by extra business transacted.
END
28
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POST OFFICE LTD
SECTION 14
ASSISTANTS
INTRODUCTION
Post Office Ltd must comply with certain obligations in relation to the Post Office® business,
including those of: Ofcom and Financial Services Authority regulations, and money laundering and
immigration legislation. Some of these obligations require Post Office Ltd to ensure thatits
Operators (and any persons employed or engaged by Operators 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 Operator’s Contract (in particular, but not limited to,
this Section 14 and Sections 11 and 15). The obligations placed upon Operators are the
minimum necessary to ensure that both Post Office Ltd and Operators are compliant with the
regulations and legislation mentioned above, and are, in the main, what most Operators, as
responsible employers, should be doing anyway. The objectives of these obligations are:
« to ensure that Post Office Ltd complies with the relevant regulations and legislation, and
« to ensure as far as possible that Operators do so too, and that no Operator suffers from
the consequences of failure to so comply. (This is very important, as those consequences
can include criminal prosecution.)
Operators have a duty to ensure that they are aware and that they make their staff aware, of the
obligations set out in this Contract.
GENERAL
1. A Operator must provide, at its own expense, any suitable assistants with the relevant skills
which it may need to carry out the Post Office® work in its sub Post Office® branch
(“Assistants”). Assistants must be employees of the Operator. The Operator shall also
appoint a Branch Manager for the Post Office® branch who must also be an employee ofthe
Operator and a registered Assistant.
2. Assistants are employees of the Operator, and (subject to paragraphs 12 and 13A of
Section 10) the Operator will consequently beheld wholly responsible for any failure,
on the part of its Assistants, to:
21 apply Post Office® rules or instructions as required by Post Office Ltd;
2.2 complete any training necessary in order to properly provide Post Office®
Services, provided that the Operator shall only be required to train its
Assistants to the same and not a higher standard than the standard of
training received by the Operator from Post Office Ltd; and
2.3 comply with the obligations set out below.
The Operator will also be required to make good any deficiency of cash or stock which
may result from its Assistants’ actions or inactions in accordance with paragraph 5 of
Section 10.
3. This Section 14 contains the obligations which the Operator has to fulfil in relation tothe
recruitment and employment of each of its Assistants. Where the Operator fails to comply
with any of these terms, it may be deemed to be in breach of its Contract which may,
subject to Section 8, then be liable to termination. The obligations in this Section 14 are
additional to the Operator’s responsibility, as the employer of its 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 RECRUITMENT
29
41
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The Operator must establish and maintain a recruitment file for each Assistant. In order
to meet its legal obligations regarding monitoring of compliance, Post Office Ltd will be
entitled to inspect such recruitment files from time to time upon giving the Operator
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 Appendix 3to
30
4.2
4.3
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this Section 14, a comprehensive record of all checks carried out in relation tothe
recruitment, selection and employment of any person applying to it for employment as an
Assistant ( defined in this Contract as the “Applicant”).
The Operator is responsible for carrying out all necessary checks in order to satisfy itself
as to the honesty, integrity and suitability of any Applicant. It must also take certain
steps, as set out below, in order to satisfy itself as to:
. the right to work in the UK;
. the identity and permanent National Insurance number; and
. the address,
of any Applicant.
Proof of Right to Work in the UK
The following procedures are necessary to meet the requirements of immigration
legislation:
Step 1
The Operator will need to ask all Applicants to provide documentation that satisfies the
criteria listed at Appendix 2 to this Section 14.
Step 2
The Operator must satisfy itself that the Applicant is the rightful holder of any of the
documents he presents.
The Operator must carry out the following reasonable steps when checking any
documents presented by an Applicant:
a) check any photographs, where provided, to ensure that they are consistent with
the appearance of the Applicant;
b) check that the dates of birth listed are consistent with each other and with the
appearance of the Applicant;
c) check that the expiry dates are valid and the documents are still live;
d) check any United Kingdom Government stamps or endorsements to see ifthe
Applicant is able to do the type of work he is offering;
e) if the Applicant gives you, from List 2 of Appendix 2, two documents that have
different names for the Applicant, you should ask him for a further documentto
explain the reason for this. (The further document could be a marriage certificate,
divorce document, deed poll, adoption certificate or statutory declaration.)
Step 3
The Operator should make a photocopy of the following parts of all the documents shown
to it for retention in the recruitment file:
a) the front cover and all of the pages which give the Applicant’s personal details. In
particular, the Operator should copy: (i) the page with the photograph, and (ii) the
page which shows the Applicant's signature; and
b) any page containing a United Kingdom Government stamp or endorsement that
permits the Applicant to do the type of work the Operator 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.
4.4
4.5
4.6
47
4.8
4.9
4.10
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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
2015’).
Proof of Permanent National Insurance Number
4.4.1 Unless already provided and photocopied, as part of an Applicant’s documentation
proving his Right to Work in the UK, the Operator 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 from a Government
agency.
4.4.2 The Operator 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).
4.4.3 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 Operator 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.
Proof of Address
The Operator must see at least one of the following items showing the Applicant’sname
and current address:
Driving Licence
Recent Paid Gas or Electricity Bill
Recent Paid Telephone Bill (not mobile)
Recent Paid Council Tax Bill
Recent Paid Water Bill
Recent TV Licence
Recent Bank Statement, must be supported by a credit/debit card
(In relation to the above “Recent” means no more than 3 months old.)
The Operator must then list in the Applicant’s recruitment file the details of thedocument
seen (there is no need to photocopy the ‘proof of address’ document).
The Operator 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 Operator 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 Operator’s responsibility to ascertain that all documentation supplied by the
Applicant satisfies the criteria.
References
At the recruitment stage, the Operator will need to obtain at least 2 references (which
must be independent of the Applicant and of each other) in respect of theApplicant.
Work History
The Operator must obtain a work history from each Applicant for the immediately
preceding 5 years (unless the period in which each Applicant has worked can be provedto
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be less than 5 years, in which case the work history of the full period must be obtained). It
is the Operator's responsibility to assure itself 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).
Honesty, Integrity and Suitability
4.111
4.11.2
4.11.3
The Operator 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 Operator must also seek information from each Applicant about any pending
criminal proceedings in which the Applicant might be involved. The Operator 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.
In order to help prevent the employment of unsuitable or dishonest persons on
Post Office® work, the Operator must, before the Applicant begins
employment with the Operator, complete the registration process detailed at
4.11.3 below (defined in this Contract as the “Registration Process”). Under no
circumstances must the Operator employ an Assistant before the Registration
Process is completed and the Operator has received clearance from Post Office Ltd
to employ that Assistant. All Assistants must be registered, including Family
Members who may only occasionally work in the Post Office® branch. Holiday
reliefs also need to be registered.
The Registration Process
(i) To register an Applicant as an Assistant the Operator must complete forms
P250 and P13. The text of form P250 is at Appendix 1 to this Section 14. The
text of form P13 is at Appendix 1 to Section 15. In addition the Applicant
must complete and sign a Security Checks Consent Form. The Operator may
obtain these forms from Post Office Ltd.
(ii) Form P250. The Operator must complete and sign Section 1; the Applicant
must complete and sign Section 2. The Operator must then submit the
completed form to the address indicated on it.
The Operator must ensure that any details referred to in paragraphs 4.11.1
above and 4.11.5 below about the Applicant (“Relevant Information”) which
have come to its attention are honestly recorded on the form. This willenable
Post Office Ltd to conduct its own checks into the background of the
Applicant.
(iii) Security Checks Consent Form. The Applicant must complete this form in
his own handwriting and sign and date it. The Operator must check that form
is complete and legible and that the personal details shown on it matchthose
entered on the P250. The completed form should be sent with the competed
P250 to the address shown on the P250.
(iv) Form P13. If the Operator is satisfied that the identity, character, history
and suitability of any Applicant will not cause it to breach any of the
obligations in this Contract it 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 Operator and the Applicant must sign the P13.
(v) 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.)
(vi) The Operator will then be informed whether or not it may employ the Applicant
as an Assistant.
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4.11.4 Where Post Office Ltd has good reason to believe that it would not be in its
legitimate interests for a particular Applicant to be engaged upon Post Office®
business orto have access to any part of the Post Office® branch it will be entitled
to require the Operator 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 Operator continues
to employ such Applicant it may be deemed to be in breach of its Contract as
referred toin paragraph 3 above.
4.11.5 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
(ili) 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,
come to Post Office Ltd’s attention by any means and Post Office Ltd notifies this
fact to the Operator the Applicant will not until further notice be eligible to workon
Post Office® business or any business concerning any member of Post Office
Group and the provisions of paragraph 4.11.4 above will apply.
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 alternativeto
the part-time employment of an Assistant under 16 years of age, such employmentis
allowed subject to the following conditions:
no person under the age of 14 years may be employed in any capacity;
the Assistant, even if a Nominated Person or a Family Member, must be fully registered
with Post Office Ltd in accordance with the provisions of this Section 14; and
the Operator must comply with all relevent legislation affecting the employment of young
persons and children.
UNSUITABLE PERSONS
During the entire period that an Assistant is employed by the Operator, the Operator will
report immediately to Post Office Ltd any Relevant Information as soon as it becomes
aware of same.
5.2.1 the Operator does not submit a form P250 prior to the employment by it of the
Applicant; or
5.2.2 the Operator does not declare on the form P250 any Relevant Information
concerning the Applicant of which it was aware; or
5.2.3. the Applicant fails any checks carried out internally by Post Office Ltd; or
5.2.4 the Operator does not report to Post Office Ltd as soon as possible any Relevant
Information of which it becomes aware (after submission of a form P250),
the provisions of paragraph 4.11.4 above will apply.
6.1
6.2
6.3
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ONGOING REGISTRATION CHECKS
To meet the needs of regulation and legislation Post Office Ltd must be able to maintain
accurate details of all those who work in Post Office® branches. In addition to completing
forms P250 and P13 when employing new Assistants, the Operator is, therefore, required
each year to take part in an annual check of persons employed in Post Office® branches.
The current mechanism for this check is the form P356, which the Operator is required to
fill out and return. This provides Post Office Ltd with up-to-date details of the people
working in a Post Office® branch and acts as a monitoring check that every Assistant has
been cleared through the pre-employment checking system. It is absolutely essential that
the Operator cooperates fully with this process or any replacement process that Post Office
Ltd may subsequently and reasonably require.
The details listed on form P356 for each Assistant, which the Operator will need to check
for accuracy and amend as necessary are as follows:
* Post Office® branch name and address, FAD (or Branch) code
« Assistant’s name, date of birth and National Insurance number
« Role type, (e.g. Assistant or holiday relief )
« Date employment commenced and, if applicable, date employment ceased and
reason for leaving
« Relationship to Operator (if applicable)
* Horizon Log On ID
Details must be entered on form P356 for every Assistant employed by the Operator, even
if he only works occasionally e.g. as a holiday relief.
TRAINING
Post Office Ltd will:
7.1.1. provide the Operator with relevant training materials and processes to carry
out the required training of its Assistants on the Post Office@® Products and
Services;
7.1.2. provide adequate training and support, including through the provision of
training materials, to the Operator, particularly if and when Post Office Limited
imposes new working practices or systems or requires the provision of new
services;
7.1.3. inform the Operator as soon as possible where new or revised training willbe
necessary as a result of changes in either the law or Post Office® Services; and
7.1.4. where appropriate (for instance where clause 7.1.3 of this Section 14 applies)
update the training materials (or processes) or provide new training materials (or
processes) to the Operator,
and Post Office Limited and the Operator shall co-operate in respect of the
training of Assistants in the operation of Horizon.
However, it is the Operator’s responsibility to ensure the proper deployment within its Post
Office® branch of any materials and processes provided by Post Office Ltd and to ensure
that its Assistants receive all the training which is necessary in order to be able to properly
provide the Post Office® Products and Services and to perform any other tasks required in
connection with the operation of the Post Office@® branch, provided that the Operator shall
only be required to train its Assistants to the same and not a higher standard than the
standard of training received by the Operator from Post Office Ltd.
Where Post Office Ltd has obligations to third parties in relation to certain Post Office®
Services (including, but not limited to, financial transactions (such as bureau de change,
sales of insurance and communications products, and provision of mail services)), the
Operator undertakes to use its best endeavours to ensure that its Assistants will not cause
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7.4
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Post Office Ltd to be in breach of such obligations.
Post Office Ltd may request from time to time that where it has obligations as described
above the Operator should conduct specific training (whether through written/distance
learning that may require confirmation of completion or via presentations) in relationto
certain Post Office® Services (such as, but not limited to, money laundering). Failure by
the Operator to arrange for such training to be properly applied will be deemed to bea
breach of the Contract by it.
Training Policy
8.
8.1
8.2
8.3
8.4
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7.4.1 The Operator must formulate a training policy for all its Assistants, in order to fulfil
its obligations in relation to the safekeeping of any Postal Packets.
7.4.2 This training policy should include the following elements:
the levels of training required to fulfil the obligations referred to above at 7.4.1;
the levels of training required according to the differing responsibilities of, and
work undertaken by, the Assistants, in relation to Postal Packets;
details of the minimum level of training required;
an explanation of how the training is provided;
the frequency with which training is provided; and
details of how training is given, recorded and monitored.
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7.4.3. The policy must also ensure compliance with all other regulatory and legislative
requirements.
7.4.4 The Operator must regularly monitor the implementation of and compliance with
the training policy in its Post Office® branch.
SECURITY
The Operator must inform each of its Assistants of the seriousness of any offence of
damage or interference to any Postal Packet.
The Operator must ensure that its Assistants comply with the requirements of the
Operations Manual, Volume 5 and the Security Booklet in general - sub sections 3, 4,and
8 in particular, as they apply to:
« the security of the premises;
« the collection, despatch, conveyance or delivery of mail; and
« the measures to be taken to prevent or detect loss or theft of or damage toa
Postal Packet.
The Operator must maintain records which can enable it as far as is reasonably
practicable, to identify which of its Assistants was responsible for the conveyance, receipt,
collection, sortation, delivery or handling of any Postal Packet which may have been
interfered with.
The Operator must carry out regular assessments of the risk to Postal Packets at the Post
Office® branch.
DISCIPLINE
The Operator is responsible for:
9.1.1 ensuring that each of its Assistants is made aware of its obligations in paragraphs
1 and 2 of Section 11 of this Contract; and
9.1.2 placing identical such obligations directly upon every Assistant whom it employs
on Post Office® business
The Operator must establish maintain and adhere consistently to a formal disciplinary
policy in respect of any of its Assistants who fails to comply with its obligations as set out
in this Contract. Where the Operator already has an established disciplinary policy forits
employees it is simply necessary to ensure that the policy meets the criteria set out in9.3
and 9.4 below.
The policy referred to in 9.2 above must include at least the following elements:
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9.3.1 an explanation of what constitutes a “failure to meet the standards of conduct”,
and the action to be taken in relation to such failure;
9.3.2 a description of how the Operator has conveyed to its Assistants:
. the fact that a failure to meet the standards of conduct might also constitutea
criminal offence; and
. the action which will be taken in relation to any such failure;
9.3.3 a provision for the appropriate records to be maintained detailing any actiontaken
against an Assistant for failure to meet a required standard of conduct; and
9.3.4 an explanation of:
. how the Operator identifies consistent failures to meet the relevant standards
of conduct; and
. what remedial action the Operator will take in the event of consistent failures
being made.
9.4 The Operator must regularly review :
9.5
9.6
10.
10.1
10.2
. the standards of conduct imposed; and
. the disciplinary policy in place.
The Operator will keep a formal record of its disciplinary policy and any exercise by it of it,
and Post Office Ltd will be entitled to request sight of such record from time to time,
where it is reasonable to do so in order to ensure that the Operator is complying with its
obligations in this respect.
Where Post Office Ltd believes, in good faith, that an Operator has not implemented the
disciplinary policy properly (or at all) against an Assistant, where circumstances justify
such implementation, the provisions of paragraph 3 above will apply.
INFORMATION/REPORTING
The Operator must as soon as possible upon becoming aware of its occurrence, report to
Post Office Ltd every incidence of loss or theft of, damage to or interference with, a Postal
Packet (defined in this Contract as an “Incident”).
The Operator must also record in respect of each Incident at least the following details:
° the date, time and place;
. the number of (or, where not known, a reasonable estimate of) Postal Packets
involved;
. as far as reasonably practicable, the Assistants who may have participated in
the conveyance, receipt, collection, sortation or delivery of the Postal Packets
involved; and
° any other particulars in relation to it (including the factual circumstances).
(Appendices 1, 2, & 3 follow)
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SECTION 14 APPENDIX 1
FORM P250
ASSISTANTS AT POST OFFICE@ BRANCHES
Section 1 of this form should be completed and signed by the Operator or Franchisee or ‘officerin
charge’ whenever considering appointing an Assistant.
Section 2 of this form should be completed and signed by the prospective Assistant.
(Please note that if more than one change is made to Assistants at the branch, a separateform
will need to be completed for each prospective Assistant.)
SECTION 1 - EMPLOYEE (PLEASE COMPLETE IN BLOCK CAPITALS)
POST OFFICE® BRANCH NAME:
FAD CODE: /
SUBPOSTMASTER’S/FRANCHISEE’S/OPERATOR’S/OFFICER IN CHARGE’S NAME:
ADDRESS TO WHICH THE AUTHORISATION LETTER SHOULD BE SENT:
Ihave selected. (full name in block capitals) as a
prospective Assistant at my branch. I have satisfied myself that his character is satisfactory andI
am satisfied that he is suitable for the relevant duty. I have no reason to suspect that any
previous Post Office® service by the prospective Assistant is not fully stated below.
New Assistant - If the prospective Assistant has previously worked at any Post Office®
branches, please give details below
Branch ion held Start End Reason for leaving
date date
I can confirm that I have obtained the following information: (Please give details where
appropriate and refer to your contract with Post Office Ltd for the criteria on suitable evidence
required)
« Details of the prospective Assistant’s career history over the last 5 years
* Two references (- either one character and one employment reference, or twocharacter
references - but the referees must be independent of the Applicant and of each other).
* Suitable evidence of identity. State Identity evidence seen
¢ Suitable evidence of National Insurance No. and address. State evidence seen
e Evidence of right to work in the UK. State evidence seen
Proposed start date of Assistant. Horizon User ID. (e.g. EPROO1) (Do
NOT Enter Any Passwords)
Subpostmaster/Franchisee/Operator/officer in charge signature:
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and name (in block capitals):
Date:
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SECTION 2 - ASSISTANT DETAILS
Title and name in full (Mr/Mrs/Miss/Ms)
Name at birth, if different from above
Date of birth
Town of birth
Country of birth
National Insurance number
Position (e.g.. Assistant/Holiday Relief)
Home address Previous address (If less than
2 years at present address)
Have you ever been found guilty of any offence (including conditional discharges) ina
court of law (including a Youth Court or Court Martial) or have you received any caution,
reprimand or warning, or have you been involved in any mis-selling or lack of integrity in
any form of selling environment?
Please tick “Yes” or “No”. Yes oO No oO
If the answer is “Yes” give full particulars.
[NOTE: In answering the question please note that it does NOT relate to any conviction or
finding which is treated as spent by virtue of the Rehabilitation of Offenders Act 1974. If
therefore, the only conviction or finding against you is treated as spent, your answerto
the question should be “No”.]
I declare that I have answered all the questions truthfully and fully, and that I amnot
aware of any circumstances, which if known to Post Office Ltd, might cause question tomy
honesty and suitability.
Signature Date
NOTE: DATA PROTECTION ACT
Personal Data supplied on this form may be processed, and/or verified by
reference to information already held by Post Office Limited.
Finally, if an existing Assistant is leaving (or has left) employment at the Post
Office® branch the Subpostmaster or Franchisee or Operator or Officer in Charge, should
give details below and ensure that the official secrets cessation form P301 iscompleted
and returned.
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Name of previous assistant
Last date of
employmen
Reason for leaving
Once all the foregoing is complete, please return a) this form, b) the completed
P13, c) the completed Security Checks Consent form, and d) the completed form
P301 (if appropriate) to the following address:
Postmaster On-boarding Team, Post Office Ltd, Atria, Spa Road, Bolton,
BL1 4AG.
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SECTION 14 APPENDIX 2
Proof Of Right To Work In The UK — Acceptable Documents
The Applicant must produce either any one of the documents shown below in List 1 or two
documents from either of the combinations shown in List 2.
LIST 1
« 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 (i.e. Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland,
France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein,
Lithuania, Luxembourg, Malta, 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).
LIST 2
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 document: ted in sections B-H belo’
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
F, an Immigration Status Document issued by the Home Office to the holder with an with a
United Kingdom Government or Home Office stamp or endorsement indicating that the
person named in it can stay indefinitely in the United Kingdom, or has no time limit on their
stay; OR
G. a letter issued by the Home Office to the holder which indicates that the person named
in it can stay in the United Kingdom, OR
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H. an Immigration Status Document issued by the Home Office to the holder with an with a
United Kingdom Government or Home Office stamp or endorsement indicating that the
person named in it can stay in the United Kingdom.
SECOND COMBINATION
(i). A work permit or other approval to take employment that has been issued by Work
Permits UK
Along with one of the following documents listed at (ii) or (iii) below:
(ii). a passport or other travel document with a United Kingdom Government or Home Office
stamp or endorsement to show that the holder is able to stay in the United Kingdom and
can take the work permit employment in question; OR.
ji) a letter issued by the Home Office to the holder confirming that the person named in it
is able to stay in the United Kingdom and can take the work permit employment in question
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SECTION 14 APPENDIX 3
Recruitment Checklist
Applicant’s Full Name
Applicant’s National Insurance Number
(a) At least 2 references obtained?
(b) Evidence of identity seen?
Documents and details:
(c) Evidence of permanent NI Number seen and any necessary
photocopies taken and retained in the Applicant’s recruitment file?
Document and details:
(d) Evidence of address seen? Document and details:
(e) 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) Has the 5 year work history been seen and verified
if necessary?
(9) 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) If the answer to (g) is “Yes”, has the Relevant Information
been shown in the P250
(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 Information
been shown in the P250
(k) Has the P250 been completed in full and sent to the
relevant address?
()) Has the P13 been completed in full and sent with the P250?
(m) Has the authorisation for employment of the Applicant
been received?
(n) Date employment as Assistant commenced
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POST OFFICE LTD
SECTION 15.
DIVULGENCE OF OFFICIAL INFORMATION, CORRESPONDENCE & INTERVIEWS
DIVULGENCE OF OFFICIAL INFORMATION
1. The unauthorised disclosure, or use, of any information or document which has
come to the knowledge of an Operator or sub Post Office® Assistant through the
work of its Post Office® branch is forbidden. Any such disclosure may render the
offender liable to prosecution.
2. Neither the Operator nor its Assistants may disclose any information regarding
Postal Packets except to the person(s) to whom such Postal Packets are addressed;
nor may they make known information that may come to them directly orindirectly
by means of the Post Office® business concerning the character, standing, or
responsibility of individuals or firms, or the private affairs of any person.
PERSONAL DECLARATIONS
3.1. All new Assistants are required to sign a Personal Declaration (form P13 attached as
Appendix 1 to this Section 16) which reminds them of the duty of each of Post Office
Ltd and the Royal Mail Group to ensure that all communications and items entrusted
to it reach the people for whom they are intended promptly and safely. The
Personal Declaration also brings to the notice of Assistants their obligations under
the Postal Services Act 2000. (An extract from this Act is reproduced at Appendix 2
of this Section 15.)
3.2 Every Assistant is on termination of his appointment required to sign a Declaration
(P301) to remind him that the provisions of the Official Secrets Act 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 position as Assistant. (A
copy of form P301 is at Appendix 3 of this Section 15.)
3.3 The Operator must give each of its Assistants a copy of form P13 and, upon
termination of his appointment form P301, as a reminder of the importance ofthe
messages they contain. The duty not to disclose information is imposed by the Act
referred to in 3.2 above - not by any Personal Declarations. Consequently no
Assistant can avoid these legal obligations by refusing to sign a form or by
attempting to revoke or disclaim his signature on the form(s).
4. Any request made to the Operator or its Assistant by the Police or any other
authority, or by a private person, for information which may be confidential, ormay
concern matters connected with the duties of another Operator, Franchisee,
Operator or an employee of Post Office Ltd or one of its group companies or whichis
related to the Post Office® business or any of its (potential) customers, should be
referred immediately to Post Office Ltd.
CONTACT WITH THE PUBLIC NEWS MEDIA
5. Post Office Ltd has a duty to safeguard its own interests and those of Persons
involved in Post Office® business in relation to material that is published in the news
media. The Public Relations Department of Post Office Ltd is primarily responsible
for
(i) deciding whether Post Office Ltd should enter into public correspondence,
and
(ii) ensuring fair and accurate presentation of facts about Post Office Ltd andits
services,
and no other person is entitled to comment publicly on such matters. In particular,
untrue, ill-informed or reckless comment will be challenged by Post Office Ltd as the
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case may be). While recognising the right of any individual to comment publicly on
matters of general interest, Post Office Ltd expects Operators and their Assistants
who wish to comment publicly upon matters affecting Post Office Limited or its group
companies to exercise this right in a responsible manner. Operators must ensure,
when communicating with the press or offering comment which may be published,
or 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. Post Office Ltd should be asked for advice in cases of doubt.
6. An Operator 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 above);
(b) views and opinions expressed publicly must not bring Post Office Ltd, any
member of Post Office Group, its/their employees, or any other Operator,
Franchisee, Operator into disrepute; and
(c) an Operator offering unauthorised public comment must make it clear that itis
commenting in its private capacity and not on behalf of Post Office Ltd or any
member of Post Office Group.
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/Committee/Federation. In doing so he must indicate his position asa
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 Operator may, without the permission of Post Office Ltd, 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 publicdiscussion.
CORRESPONDENCE WITH THE PUBLIC
10. An Operator should not, without the permission of Post Office Ltd, write to or
interview members of the public on Post Office® matters other than for the purpose
of correcting an error committed at its own Post Office® branch.
OFFICIAL DOCUMENTS AND LEGAL PROCEEDINGS
11. No Operator may, without permission, make an official document or a letter from
the public, or any other document that may come into its hands officially, the
subject of legal proceedings.
USE OF OFFICIAL INFORMATION OR POSITION FOR PRIVATE PURPOSES
12. No Operator may use its position to further its private interests, or act in any way
which might give rise to the suspicion that it has used, for private purposes,
information available to it in its capacity as Operator.
BREACHES TO BE REPORTED
13. An Operator must report to Post Office Ltd any case in which there appears to have
been a breach of the above rules by anyone employed by it on Post Office® duties
at the sub Post Office® branch.
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(APPENDICES 1-3 FOLLOW)
IPT-#3313620-v2 45
SECTION 15 APPENDIX 1
FORM Pi3.
PERSONAL DECLARATION TO ROYAL MAIL GROUP (I.E. ROYAL MAIL GROUP
LIMITED AND ITS ASSOCIATED COMPANIES)
ROYAL MAIL GROUP'S OBLIGATIONS
Royal Mail Group must ensure that letters, parcels and all other communications or items
entrusted to it are delivered as addressed promptly and safely, and that the informationin
them reaches no one not entitled to it.
To help Royal Mail Group provide this essential service to the community, there are
important legal requirements which you must comply with. It is important for you tobe
aware of 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 part, enable or tempt othersto
break them.
SAFETY OF POSTAL PACKET
It is a criminal offence to STEAL, DESTROY or DAMAGE a letter, parcel, mailbag or any
other postal packet in course of transmission by post. It is also an offence to OPENor
DELAY (without proper authority and reasonable excuse) a letter, parcel, mailbag, orany
other postal packet in course of transmission by post.
Persons suspected of criminal offences will be subject to investigation which may lead to
prosecution in the Criminal Courts. Heavy penalties, including terms of imprisonment, are
provided for such offences.
Other misconduct which endangers the safety of a mailbag or postal packet may leadto
termination of employment or engagement or contract with Royal Mail Group.
CONFIDENTIAL INFORMATION
You shall neither whilst employed or contractually bound by Royal Mail Group or engaged
in Royal Mail Group’s Business, nor after that employment or engagement ceases,
disclose to any other person, firm or company, or publish or broadcast or use for yourown
benefit or for the benefit of a third party, any confidential information relating in any way
to the activities, operations or business methods of Royal Mail Group or its business
partners, except as previously authorised in writing by of Royal Mail Group. Any
unauthorised disclosure may amount to a criminal offence.
IPT-#3313620-v2 46
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APPENDIX 1 - FORM P13 (continued)
OFFICIAL SECRETS ACT
A person may be entrusted with information which is covered by the Official Secrets Act
1989 whilst engaged on business for the Royal Mail Group.
Under the Official Secrets Act 1989, it is a criminal offence for a Government contractor
(which means any person or body who is employed in the provision of goods or services
for the Crown) including any employee of a Government contractor, to: -
. disclose unlawfully any information obtained as a result of such work
without authorisation, and
. fail to safeguard or improperly retain or provide access to documents
or articles containing information which it would be an offence under
the Act to disclose.
The above conditions apply even when work with Royal Mail Group ends.
DATA PROTECTION ACT
Any person who handles information about identifiable living people whether processed
electronically or manually may also commit an offence under the Data Protection Act 1998
if he/she improperly obtains, holds, uses or discloses any such information.
YOU SHOULD READ THIS DOCUMENT CAREFULLY AND THEN SIGN YOUR NAME TO
THE DECLARATION BELOW.
I HAVE READ AND FULLY UNDERSTAND BOTH PAGES OF THIS DOCUMENT AND HAVE
RECEIVED A COPY TO RETAIN:
Full Name ..
(Block Letters)
Signature.
In the presence of:
Signature...
Job Title/Position. wc
NOTE - The person signing this form should sign with his ordinary signature inthe
presence of a witness. [[The Subpostmaster/Franchisee/Operator/Officer in
charge should witness the signature of persons employed at a sub or franchise Post
Office® branch]]
Retention Period: [ ]
SECTION 15 APPENDIX 2
SUMMARY OF EXTRACTS FROM ACTS OF PARLIAMENT
1. Theft Act 1968/Criminal Damage Act 1971
The offences of theft or destruction of a postal packet are covered by the Theft Act
1968 or Criminal Damage Act 1971. Persons convicted on indictment for such offences
are liable under the relevant sections of those Acts to imprisonment.
POSTAL SERVICES ACT 2000
IPT-#3313620-v2 47
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2(i) Section 83 - Interference with the mail
Any person engaged in the business of a postal operator commits an offence if
contrary to his duty and without reasonable excuse he intentionally delays or opens a
postal packet in the course of its transmission by post, or intentionally opensa
mailbag. Persons convicted on indictment shall be liable to imprisonment for aterm
not exceeding two years or to a fine, or both.
2(ii) Section 125(1)
Postal packet means a letter, parcel, packet or other articles transmissible by post.
2(iii) Schedule 7 Unauthorised Disclosure of Information
Any person who makes an unauthorised disclosure of information obtained whilst
dealing with work of a universal service provider, which relates to the affairs of an
individual or a particular business commits a criminal offence.
IPT-#3313620-v2 48
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SECTION 15 APPENDIX 3
FORM P301
NON-DISCLOSURE STATEMENT - OFFICIAL SECRETS ACT AND CONFIDENTIAL
INFORMATION (To be signed by all persons ceasing to be employed or contractually bound
by or engaged in the Royal Mail Groups Business (i.e. Royal Mail Group Limited and its
associated companies); and by other persons on ceasing to have access to secret
information)
My attention has been drawn to:-
1. the provisions of the Official Secrets Act 1989 (the “Act”) and that under the Act it isa
criminal offence for a Government contractor (which means any person or body whois
employed in the provision of goods or services for the Crown) including any employee
or agent of a Government contractor, to:
« disclose unlawfully any information obtained as a result of such work without
authorisation, and
« fail to safeguard or improperly retain or provide access to documents or
articles containing information which it would be an offence under the Actto
disclose.
lam fully aware that serious consequences may follow any breach of these provisions.
2. the fact that I must not disclose to any other person, firm or company, or publishor
broadcast or use for my own benefit any confidential and/or commercial information
relating in any way to the activities, operations or business methods of the Royal Mail
Group, or information obtained whilst engaged in Royal Mail Group’s business except
as previously authorised in writing by the Royal Mail Group. Any unauthorised
disclosure may amount to a criminal offence.
l understand that the provisions of the Official Secrets Act 1989 and requirements regarding
confidential information may apply to me after my appointment has ceased;
I hereby declare that I have surrendered any equipment and any document
including any electronic document and back-up disc made or acquired by me owing
to my official position, save such as I have Royal Mail Group’s written authority to
retain.
Signature: consents see JOD Titles.
Full Name (Block Letters):
Permanent Home Address (incl. Postcode)...
Date:
Business Address:...
Date of Birth:.
screens Date Of Leaving.....
Signed in The Presence of:. seesiseseeee JODTitle/Positior
Surname (Block Letters):
Forename(s) (Block Letters):
Reg’d No. of Appt. Papers:.. see Keep Until...
im
Zz
is}
IPT-#3313620-v2 49
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POST OFFICE LTD
SECTION 16
OPERATORS’ PRIVATE BUSINESS; BETTING AND GAMBLING; LICENSED PREMISES;
BORROWING AND LENDING MONEY; POLITICAL ACTIVITIES; CANVASSING FOR
BUSINESS; EMPLOYMENT IN POST OFFICE LIMITED OR OTHER MEMBERS OF POST
OFFICE GROUP OR IN ROYAL MAIL GROUP LIMITED OR CIVIL SERVICE.
14
1.2
1.3
1.4
1.5
1.6
@)
(ii)
PRIVATE BUSINESS
The appointment of a Operator confers on the Operator concerned 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 restrictionson
the private activities of the Operator on the premises in which the Post Office® branch
is situated as are fundamental and necessary to ensure the continued viability of Post
Office Ltd’s nationwide network.
It is important to the future of the Post Office® network that all Operators support
Post Office® products and services. A Operator that offers products or services in its
private retail business on the premises in which its Post Office® branch is situated
which compete with Post Office@® products and services can reduce the revenue
generated by the Post Office® branch. This revenue is essential to provide a
contribution to Post Office Ltd’s fixed costs of maintaining the Post Office® network.
Without this contribution, Post Office Ltd might not be able to sustain the Post Office®
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
negotiate business opportunities for the whole Post Office® network and that itdoes
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 Post Office® network asa
whole.
Operators benefit from being part of the Post Office® 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® products meet regulatory requirements and it provides customer and
business services such as helplines to support Operators. The helpline provided by
Post Office Ltd shall be reasonably fit for purpose, including (to the extent applicable)
any or adequate error repellency.
Accordingly, except as permitted by and in compliance with any waiver granted by
Post Office Ltd in accordance with paragraph 1.11 below, a Operator must not
undertake in a private capacity, or allow anyone else to undertake on the premisesin
which its Post Office® branch is situated, the types of business listed in paragraph 1.6
of this section 16, as amended by Post Office Ltd from time to time in accordance with
paragraph 1.8 below.
The non-compete restrictions on private business activities on the premises in which
the Post Office® branch is situated are as follows:
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, 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;
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
IPT-#3313620-v2 50
(iii)
(iv)
(vy)
1.7
1.8
1.9
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of water, gas, fixed line telephones, electricity, cable or satellite television, orlocal
authority services;
the sale of National Lottery products;
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 involvethe
return of cash to participants in the scheme. For the avoidance of doubt, acash-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
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 inthe
scheme.
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 smartcards, ATMs and on-line terminals.
The categories of business listed in paragraph 1.6 above 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, provided
that the terms of any such variation are reasonable. 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 section 1.9 of this section 16.
Key Products and Services are the core products and services offered by Post Office
Ltd. The Key Products and Services are:
IPT-#3313620-v2 51
1.10
1.13
(i) Letters, parcels and packages services of any kind and related services;
(ii) I Services for the payment of bills, collection of payment or collection of revenue;
(iii) I National Lottery products;
(iv) I Banking services, including bureau de change;
(v) _ Financial services;
(vi) I 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.
If a Operator is considering taking up a new private retail business opportunity which
may fall within the scope of the non-compete restrictions specified in paragraph 1.6
above, it should, before it takes up any such business, inform Post Office Ltd ofthe
circumstances and seek advice as to whether the work concerned falls within the
restrictions described above.
Operators may apply for a waiver from the non-compete restrictions in paragraph 1.6
of this section 16. 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 andthe
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 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.
A 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 asto
imply that Post Office Ltd is in any way connected with these activities. Nor maya
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.
A Operator must not engage Post Office Ltd 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 duties.
IPT-#3313620-v2 52
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21
2.2
2.3
2.4
2.5
2.6
3.
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BETTING AND GAMBLING; LICENSED PREMISES; BORROWING AND LENDING
MONEY
A Operator and its 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).
A Operator must not on the premises in which the Post Office® 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.
Notwithstanding the conditions of Paragraphs 1.6(iii), 1.10 and 2.2 above, an Operator
and its 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 III of the Betting and Lotteries Act (Northern Ireland) 1957).
The onus of ensuring that the law is complied with rests with the person concernedin
the promotion and conduct of the lottery and the sale of tickets. Tickets forsuch
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 Operator.
A Post Office® 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 Operator holding an“off”
licence provided the liquor is sold in closed vessels.
Neither an Operator nor any company, partnership or other business with which itis
associated in any way must borrow from or lend money to any Post Office Group
employee. Nor should an Operator or any such company, partnership or other
business provide security for the benefit of any Post Office Group employee in raising a
loan.
The loaning of money by an Operator or by any company, partnership or other
business with which it is associated in any way to persons drawing pensions or
allowances on the security or strength of their Post Office Card Accounts or ofexpected
future payments from the Department of Work and Pensions is also strictly forbidden.
POLITICAL ACTIVITIES
An Operator is free to take part in any national and local political activities subject to
the following conditions: -
(i) _ it must not engage in or allow its Assistants to engage in political activities whilst
engaged on Post Office® business or on the Post Office® branch premises;
(ii) it must not exhibit any notice soliciting votes for any particular candidate or with
any party or political object either in the Post Office® branch or on any vehicle
under the control of Post Office Ltd; and no leaflet or address with a party or
political object may lie or be exhibited within the Post Office® branch.
IPT-#3313620-v2 53
4.1
4.2
CANVASSING FOR BUSINESS; EMPLOYMENT IN POST OFFICE GROUP, ROYAL
MAIL GROUP LIMITED OR THE CIVIL SERVICE
An Operator must not canvass persons, firms or companies who reside or carry on
business at a place nearer to another Post Office® branch, to transact Post Office®
business at its Post Office® branch. Nor must it deliver items of Post Office® business
to customers’ premises.
Neither an Operator nor any of its Assistants may be contracted to or employed in any
member of Post Group, Royal Mail Group Limited or the Civil Service if their duties
would bring them into contact with the work of the Post Office® branch.
END
IPT-#3313620-v2 54
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POST OFFICE LTD
SECTION 17
NON-OBSERVANCE OF RULES: APPEALS PROCEDURE
ALLEGATIONS OF NON-COMPLIANCE OR NON-OBSERVANCE OF RULES.
1.
Although there may be 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 Operator 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 it.
At the discretion of Post Office Ltd, which will not normally be withheld, an authorised
representative of the Operator may, if the Operator so chooses, meet arepresentative
of Post Office Ltd to discuss the allegations. The Operator's representative 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, Post
Office® branch Assistant or employee of Post Office Ltd and can be the local NFSP
representative.
As repeated breaches of the rules, even if minor in themselves, may, subject to
Section 8, 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
Operators take the opportunity to make such written and verbal explanations of their
actions at the timeof the alleged breach of rules. A record will be kept by Post Office
Ltd of any such discussions and of any written warnings issued to the Operator or to
any Assistant.
REPRESENTATIONS ON POST OFFICE® MATTERS
4. Without prejudice to the above a Operator may address at any time to Post Office Ltd
any representation it may wish to make having reference to its duties, remuneration or
any other Post Office® matter. The decision of Post Office Ltd to such representations
is final.
APPEALS
5. If the Operator wishes to appeal against a decision to summarily terminate its
contract, it may do so either in writing or by interview and will be allowed ten (10)
working days from the date of the termination letter to make application, to a member
of thePost Office 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 lieu ofnotice. Appeals on all other issues (e.g. recovery of
losses caused by the Operator's negligence) are heard by a senior representative of
Post Office Ltd whose decision is final.
APPROACHES TO PERSONS OUTSIDE POST OFFICE LTD
6.
Until the Operator has exercised its final right of appeal, it should not ask persons
outside Post Office Ltd to take up the case on its behalf although this does not prevent
an Operator from obtaining such advice and support from the NFSP or any other
outside person as may help it to present its case effectively. The Operator should not
detain Post Office® papers or allow them out of its custody for the purpose of such
consultation without the permission of Post Office Ltd.
END
IPT-#3313620-v2 55
POST OFFICE LTD
SECTION 18
OFFENCES: SUSPENSION: ENQUIRIES BY OFFICERS OF THE INVESTIGATION
DIVISION
1.
Dishonesty is viewed most seriously and any Operator, Nominated Person or any other
director of the Operator or any Branch Manager or Assistant believed to have carried
out, or taken part in, an act of dishonesty against Post Office Ltd may be prosecuted.
Furthermore, any Operator so involved renders itself, subject to Section 10, liable to
the summary termination of its contract. In the case of a Branch manager or Assistant,
Post Office Ltd may recommend to the Operator that the Assistant should no longer
remain in his employ on Post Office business.
ARRESTS AND CONVICTIONS.
2.
A Operator must report to Post Office Ltd if any Nominated Person, other director,
employee, Branch Manager or Assistant of the Operator having any connection with
Post Office® business is arrested and refused bail, or 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 Ltd to maintain, to the maximum extent
compatible with needs of service to the public, an attitude of non-interference inthe
private lives of directors, officers, Assistants and other employees of the Operator.
However, where facts come to light calculated to cause public scandal or grave
embarrassment to Post Office Ltd in connection with the private conduct of any such
person, this may be deemed to constitute a fundamental breach of this Contract
entitling Post Office Ltd to terminate the Contract without notice.
SUSPENSION FROM OFFICE
4.
5.
6.
The Operator’s appointment may be suspended at any time if that is considered
necessary in the legitimate interests of Post Office Ltd in consequence of:
(a) the Nominated Person, any other director or other officer of the Operator or any
Assistant having been arrested or having civil or criminal proceedings brought
against him; or
(b) where irregularities or misconduct at the Post Office® branch have been
established to the satisfaction of Post Office Ltd, or are admitted or are suspected
and are being investigated,
provided that Post Office Ltd shall not suspend the Operator:
(c) arbitrarily, irrationally or capriciously;
(d) without reasonable and proper cause; and/or
(e) in circumstances where Post Office Ltd is itself in material breach of duty in
respect of the matters which Post Office Ltd considers gives it the right to
suspend.
Not used.
Not used.
CRIMINAL CONDUCT: REPORTING
7.
If an Operator has knowledge or suspicion of dishonesty or other criminal conduct
affecting either Post Office Ltd or any other member of Post Office Group on the part
of any person including a Post Office® branch Assistant or an employee of either Post
IPT-#3313620-v2 56
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Office Ltd or any other member of Post Office Group Limited it must, if there is any
apparent need for immediate action, at once tell Post Office Ltd confidentially of its
knowledge or suspicion.
INDUCEMENT TO ACT CONTRARY TO RULES
8.
If any person should try to induce a Operator or a member of its staff to act contrary to
the rules (if, for example, he should be asked to datestamp covers irregularly witha
view to either himself or the offender afterwards enclosing therein betting slips or other
communications relating to the result of some race, game 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 Operator (or Assistant) should as
soon as possible tell Post Office Ltd what has happened giving a full report and
description of the person so that an immediate report can be made to POIDand
instructions sought.
A Operator or Assistant who is asked irregularly to put in course of post for despatch or
delivery from the Post Office® branch a cover already date-stamped, addressed toa
betting agent, and presumably already containing a betting slip or other
communication respecting the result of some race, game or sport, should accept itand
with it any bribe offered for compliance. They should at once initial the cover andhand
it and the bril Office Ltd, to whom they should report as provided in the last
sentence of 8.
THEFTS BY STRANGERS
10.
A Operator or Assistant who sees a theft of either Post Office Ltd or Royal Mail Group
Limited property committed by a stranger should inform the Police of the facts and
then report the matter to Post Office Ltd as soon as possible.
FAILURE TO REPORT DISHONESTY
11.
In line with any employee of Post Office Ltd an Operator or Assistant is expected to
report immediately any suspicion of dishonesty or criminal intent which may in any
way affect Post Office Ltd or Royal Mail Group Limited, whether the likely offender be
connected with either Post Office Ltd or Royal Mail Group Limited or not. It is similarly
enjoined to render all possible assistance to officers of the Investigation Division (see
below).
ENQUIRIES BY OFFICERS OF THE INVESTIGATION DIVISION
12.
13.
14.
The main job of the Investigation Division is to investigate, or help the Police to
investigate, criminal offences against Post Office Ltd and/or its clients and customers,
or National Savings. The Investigation Division does NOT enquire into matters where
crime is not suspected.
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 inthe
course of his or her duty.
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. These
interviews will be conducted in accordance with Codes of Practice issued under the
Police and Criminal Evidence Act 1984. 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 that would afford reasonable ground for suspecting that aperson
IPT-#3313620-v2 57
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15
has committed 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 hesays
will be put into writing and given in evidence.
If an Operator or Post Office® branch Assistant is questioned as a suspected person
by an officer of the Investigation Division, on statements made by a third person, and
expresses a desire to be confronted by that person, such confrontation will, if
practicable, 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.
17.
18.
19.
At all interviews between Investigation Division Officers and a director or other
authorised representative of the Operator or an Assistant, the interviewing officer will
first introduce himself, explain the nature of the enquiry, then ask the person tobe
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.
A friend invited to attend an Investigation Division interview must be aged 18 or over
and cannot be someone involved in the inquiry. The friend must be aSubpostmaster,
Nominated Person, Assistant or employee of Post Office Ltd 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 willbe
asked to nominate alternative friends if the one first (or subsequently) chosen is not
available or may be involved in the enquiry.
If a 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 isnot
questioned as a suspected person at the outset (i.e. not under caution), but fresh
evidence emerges during the interview that 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 notinterrupt
in any way, either by word or signal. If he does interrupt he will be required toleave
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 theinterview
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 will bein
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 Post
Office Ltd) as it might constitute a breach of the Official Secrets Acts. The questioned
person may, however, if he so desires, communicate the friend’s statement to the
National Federation of Sub-Postmasters in strictest confidence.
SEARCHES
20.
21.
If a 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, ifhe
wishes to have a friend present.
Investigation Division officers have no authority to search the Nominated Person or
other director of the Operator or an Assistant or their homes unless they have first
obtained the agreement of the person concerned or they have obtained a warrantto
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
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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 mayhave
been directed at the Nominated person or other director of the Operator or an
Assistant, he will be handed at a later stage a written apology for anyinconvenience
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.
END
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POST OFFICE LTD
SECTION 19
TELEPHONE FACILITIES AT SUB-POST OFFICES
THE OFFICIAL BRANCH TELEPHONE LINE
1.
10.
A Operator must arrange for the provision of suitable telephone facilities at its Post
Office® branch to meet the needs of the official business of Post Office Ltd andthe
requirements of security. These telephone facilities are known as “The Official Branch
Telephone Line”.
Where possible, The Official Branch Telephone Line must be provided by BT inorder
that Post Office Ltd may use the line for the Post Office Ltd Asymmetric Digital
Subscriber Line [ADSL] service.
Where a BT line is installed the Horizon equipment or any future replacement for the
Horizon equipment or any official Post Office Ltd equipment as Post Office Ltd may
from time to time specify will be connected to the Master Line Box at the Post Office®
branch and will utilise the Post Office Ltd ADSL service that runs over The Official
Branch Telephone Line.
Where it is not possible to install a BT line the Horizon equipment or any future
replacement for the Horizon equipment or any official Post Office Ltd equipmentas
Post Office Ltd may from time to time specify will continue to utilise the ISDN line
connected to the Post Office® branch and /or The Official Branch Telephone Line.
Whether The Official Branch Telephone is provided by BT or by another
telecommunications service provider the operational and security needs of Post Office
Ltd must at all times take precedence in terms of the use made of The Official Branch
Telephone Line. Where these needs conflict with the private use by the Operator of
The Official Branch Telephone Line, the Operator must cease such private use.
Provided that the requirements of paragraphs 1 to 5 above are met:
(i) the Operator may utilise The Official Branch Telephone Line for private purposes
in addition to official Post Office Ltd purposes, and
(ii) The Operator may order the addition of extra services for The Official Branch
Telephone Line from the telecommunications service provider of that line.
In either circumstance it is the responsibility of the Operator to pay for theinstallation
and operation of any additional services or use
Should the Operator wish to make use of its rights under paragraph 6 above, it must
first seek Post Office Ltd’s agreement to any such changes by contacting the NBSC.
Only changes authorised by Post Office Ltd may be introduced.
Any movement of or changes to any of the telephone or other communications
equipment at the Post Office® branch that are the result of changes initiated by the
Operator, including but not limited to refurbishment or re-location of the branch, will
be the responsibility of the Operator. The Operator will be responsible for ordering and
paying for the movement or changes from the telecommunication service provider.
Post Office Ltd reserves the right to amend and update the requirements of this
section in the future should the operational and security needs of Post Office Ltd
require such a change.
The Operator agrees to co-operate with Post Office Ltd in relation to the installation at
the Post Office® branch of any other forms of communications equipment or data links
to be used for the purposes of conducting the official business of Post Office Ltd.
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PROVISION OF THE OFFICIAL BRANCH TELEPHONE LINE
11.
12.
12.2
12.3
The Operator must provide:
(i) a direct exchange line; or
(ii) I an extension plan installation comprising a portable telephone and two sockets:
one to be installed in the Post Office® branch and the other in the Nominated
Person's residential premises. (This type of installation is only required where
Post Office Ltd considers it is desirable, as a security measure, and where the
Nominated Person resides on the premises. However, Post Office Ltd will not
require this type of system to be installed at island and small rural offices
where Post Office Ltd considers that the risk of criminal attack is clearly
negligible).
The Operator’s requirement to provide The Official Branch Telephone Line may be
discharged in the following ways:
12.1. By transferring responsibility for and ownership of the BT line at the Post
Office® branch to Post Office Ltd. Under this arrangement, Post Office Ltd
becomes responsible to BT for the line rental and for the cost of official calls
made by the Operator. Private calls made by the Operator are its responsibility
and BT will invoice it directly for such calls. This arrangement is known as “Split
Billing”. As Post Office Ltd pays BT directly for the official use of this linethe
Operator incurs no telephone costs for the provision of The Official Branch
Telephone Line and has no need to reclaim such costs from Post Office Ltd.
As BT provides the Official Branch Telephone Line under this option, it meetsthe
requirements of the Post Office Ltd ADSL service. It is the simplest and preferred
option.
Operators who sign a novation accepting the transfer of the line to Post Office Ltd are
deemed to have accepted this option. Once this option has been accepted it cannot be
reversed, New Operators who take up appointment at Post Office® branches where a
previous Operator has transferred to Split Billing are required to continue with that
arrangement.
Operators taking up appointment from ist April 2005 at Post Office® branches where
The Official Branch Telephone Line is provided by BT but where previous Operators
have not transferred to Split Billing are required as a condition of such appointmentto
agree to transfer to Split Billing by signing the necessary novation form provided by
Post Office Ltd at the time of their appointment.
By allowing the installation by Post Office Ltd at the Post Office ®branch of a separate
BT line to be used as The Official Branch Telephone Line. Under this option the
Operator retains whatever private lines and /or telecommunications facilities it, but
those facilities are not used for official purposes. As Post Office Ltd pays BT directly
for the official use of this line the Operator incurs no telephone costs for the provision
of The Official Branch Telephone Line and has no need to reclaim such costs from Post
Office Ltd.
As BT provides the Official Branch Telephone Line under this option, it meetsthe
requirements of the Post Office Ltd ADSL service.
New Operators who take up appointment at sub Post Office® branches wherea
previous Operator has adopted this option are required to continue with this
arrangement.
By the provision of The Official Branch Telephone Line via BT or another
telecommunications service provider in circumstances where the Operator retains
responsibility for and ownership of the Line. In such circumstances, the Operatoris
billed directly by the service provider for all costs associated with the line andis
entitled to reclaim from Post Office Ltd the ‘official’ element of those costs in
accordance with paragraphs 13 to 19 below.
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If the telephone facilities provided under this option do not meet the specifications
required by the Post Office Ltd ADSL service the facilities will not be acceptable as The
Official Branch Telephone Line. In such circumstances the Operator must either agree
to transfer to option 12.1 or option 12.2,
unless Post Office Ltd is unable to offer either of those options, in which case the
existing arrangements would continue. In the event of transfer to option 12.1 or 12.2
the Operator would then lose its entitlement to reclaim costs related to official rentalor
calls.
New Operators who take up appointment at Post Office® branches where a previous
Operator has adopted this option are required as a condition of their appointment to
change to option 12.1 or 12.2 upon appointment unless Post Office Ltd is unable to
offer either of those options in which case they may maintain thisarrangement.
TELEPHONE COSTS REIMBURSEMENT
13. The following applies only to those Operators who provide The Official Branch
telephone Line in accordance with option 12.3 above
RENTAL CHARGES
14. Post Office Ltd on production of a paid quarterly telephone account, will reimburse the
Operator the rental charges billed by BT including the VAT element (see paragraph 19)
appropriate to the type of telephone facility that Post Office Ltd has agreed is
necessary. Rental charges which exceed the levels so authorised by Post Office Ltd
remain the responsibility of the Operator.
CALL UNIT ALLOWANCE
15.
16.
Each Operator 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 Operator is due to pay for all call units used in excess of thisallowance.
The standard allowances have been fixed at a level that takes into account the varying
conditions between offices. They also allow a margin for contingencies.
Branch Banding (per annum) Official call
per annum
Up to £12k £5.48
Between £12k and £25k £10.92
Between £25k and £35k £40.32
over £35k £52.92
SUPPLEMENTARY ALLOWANCE
17.
A Mailwork Operator may claim an additional allowance, in respect of calls made in
connection with its Mailwork responsibilities, providing that the standard allowance
has been expended. A claim, supported by documentary evidence should be
submitted to Post Office Ltd with the telephone account for the period concerned.
SUBMISSION OF TELEPHONE REIMBURSEMENT CLAIM
18.
The Operator must submit its paid telephone invoice on a quarterly basis for
reimbursement.
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REIMBURSEMENT OF VAT CHARGES.
19. Post Office Ltd will reimburse the Operator the charges raised for VAT at the standard
rate, in respect of that part of the total charge related to Post Office services, i.e.
rental, the free call allowance and emergency repairs.
END
IPT-#3313620-v2 63
POST OFFICE LTD
SECTION 20
QUALITY STANDARDS
1.
Post Office Ltd, through its network of Post Office® branches, aims to give customers and
clients a high quality service. The Operator must therefore give high priority to serving
customers quickly and efficiently, and to fulfilling the documentation requirements of
clients with accuracy and professionalism.
WAITING TIME
2.
The Operator 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 Operators in Post Office® branches displaying the
charter, particularly those in larger Post Office® branches, will be encouraged to
monitor waiting times using the system developed by Post Office Ltd.
This entails counting the number of customers queuing and the number of Post.
Office® branch Assistants serving, three times a day and to supply the information to
Post Office Ltd to enable the results to be analysed and fed back to the Operator.
While Post Office Ltd has an overall national objective for customers to wait forno
longer than five minutes before being served, it is recognised that customers have
different needs and expectations of waiting time in different Post Office® branches,
and at different times of the day or week. However, Post Office Ltd will treat very
seriously any evidence that suggests that the Operator is not making all reasonable
efforts to ensure that customer waiting time is minimised, to meet the needs of
customers locally.
TRANSACTIONS.
3.
The Operator will be responsible for ensuring that transactions are carried out
accurately, that all reasonable steps are taken to prevent fraud and that all
documentation is properly completed and despatched at the due time. Whereunder
the terms of its contracts with its clients Post Office Ltd incurs financial penalties as a
result of the Operator’s failure in this regard, Post Office Ltd may, subject to
Paragraphs 12 and 13A of Section 10, pass onthis additional cost to the Operator.
The Appendix to this Section sets out the current maxima of the penalties that can
be passed on to the Operator. In such circumstances, Post Office Ltd will furnish
copies of the appropriate documents as evidence in support of any action. Failure to
properly complete accounting andtraffic information documents may lead to the
exclusion in whole or in part of business transacted for the purposes of determining
payment.
The Operator will ensure that customers are treated fairly, courteously and helpfully.
Persistent failure to meet the high standard of service demanded by Post Office Ltd
could, subject to Section 8, result in termination of contract.
(APPENDIX 1 FOLLOWS)
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APPENDIX 1
QUALITY STANDARDS
OPERATOR ERRORS: MAXIMUM PENALTIES
(1)
(2)
(3)
(4)
2.1
2.2
British Telecom
Late despatch of BT Bills with due account to cut off times
and where this is demonstrably the fault of the Operator.
Girobank
Error notices issued in respect of PDR (G.6301/G.6302)
transactions, Community Charge (G6403) transactions,
Green/Violet Girocheques (G6305/7) transactions.
Cashing other Bank’s Cheques: Fraud Losses
W.E.F 1.4.93
£10 (per summary
form)
£23.54 (per error
notice)
Post Office Ltd bears in full losses from fraudulently encashed ‘other bank’s
cheques’ where these cheques have been accepted incorrectly (e.g. nocheque
card number written on back of cheque). Recompense may be sought towards
losses incurred.
DVLA (MVL Offices) only
License issued early
Incorrect Licence issued
Lost tax discs(where Operator failed to safeguard properly)
Department of National Savings
DNS may seek recompense from Post Office Ltd for fraud
losses, where error by Operator had led to payments which
should not have been made. For example:-
Where a stop payment has been ignored.
Where a forged date stamp impression is a bad one.
Where pass book entries have been blatantly altered.
Where the wrong balance figures have been entered.
Again, depending on the circumstances, a contribution can
be sought towards losses incurred.
END
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£8.50 per licence
£8.50 per licence
The six-monthly
rate of duty for
private and light
goods vehicle
chargeable at the
time of loss.
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POST OFFICE LTD
SECTION 21
REDEMPTION OF TELEPHONE, TELEVISION, MOTOR VEHICLE AND OTHER SAVINGS
STAMPS
1.
A Operator must only accept savings stamps either in total or part payment forthe
relevant transaction to which they refer, except in the case of Post Office® saving
stamps which may be accepted for all Post Office® goods and services, and any other
goods and services that the Operator has, at its own discretion, decided to allow.
It is TOTALLY UNACCEPTABLE for an Operator (or anybody acting on its behalf) to:-
(i) exchange redeemed savings stamps for cash; except in the case of Post Office®
saving stamps and only then where the Operator is paying change for a
purchase made using the Post Office® saving stamps and the amount of such
change is under £5.00.
(ii) affix savings stamps to savings cards and claim them as if they had been
redeemed by a customer in the normal course;
(iii) I convert total of partial cash or cheque payments for licence or accounts
payments into stamps and claim them as if they had been presented bya
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 its 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 isnot
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 Ltd will view such
activities extremely seriously and in such circumstances almost certainly (subject
to Section 8) consider termination of the Operator’s Contract for Services.
END
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POST OFFICE LTD
SECTION 22
MAILWORK
GENERAL
1. This contract is between Post Office Ltd and the Operator of
in respect of the 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 Operator and Royal Mail Group Limited in the provision of
Mailwork.
This Mailwork contract does not affect the Operator’s obligations and entitlements
under its contract with Post Office Ltd to provide counter services.
ACCOMMODATION AND FITTINGS
2. The Operator agrees to provide and maintain such accommodation as is required for
the effective discharge of Mailwork duties. In fulfilling this requirement, the
Operator will be responsible for meeting the provisions of all relevant legislation (in
particular HASAW) and where Royal Mail Group Limited employees work on the
premises specifically provide:
Access to toilet facilities
Facilities for washing, including a supply of hot water
Hat and coat pegs
Facilities for making tea
Adequate lighting
Adequate heating, and
Adequate ventilation.
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Where provision of relevant legislation or requirements introduced by Royal MailGroup
Limited after the appointment of the Operator call for changes in the accommodation
provided by the Operator, Royal Mail Group Limited will pay 100% of the costs
involved in effecting the required changes. A proportion of the costs is returnable
should the Operator relinquish its appointment within 4 years of the work being carried
out.
Royal Mail Group Limited will make available fittings designed specifically for Mailwork
use at no cost to the Operator. In certain circumstances, Operators may purchase
other surplus equipment by local arrangement from Royal Mail Group Limited.
ATTENDANCE
3. The Operator is responsible for the proper conduct of Mailwork duties and must
ensure that any Assistant carrying out Mailwork duties is sufficiently well-versed to
carry out those duties and is acceptable to Post Office Ltd and to Royal Mail Group
Limited. The Operator shall arrange for:
(a) the correct handling of value and other special items in accordance with regulations
advised from time to time
(b) 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 Operators (NFSP).
ACCESS TO PREMISES
4. The Operator will allow access to the area where sorting is performed at all times
when Mailwork is being carried out to any representative of Royal Mail Group Limited
for the purpose of inspection and procedural audit. Visits to the area where sorting
is performed outside hours when it is in use will be by appointment at atime
reasonable to both Royal Mail Group Limited and the Operator.
IPT-#3313620-v2 68
POST OFFICE® OBLIGATIONS
5. Royal Mail Group Limited for its part will provide for:
Training in all aspects of Mailwork to include not only new entrant training but also on-
going training
Royal Mail will make available the conduct code applicable to their employees working in
the Mailwork office and will take appropriate action to ensure the conduct code is followed in
order to support the Operator.
Sufficient levels of operational and administrative support to allow the Operator to fulfil
its obligations under the terms of its contract.
The supply of soap and towels and toilet paper.
Fire-fighting equipment.
CHANGES TO FACILITIES
6. Royal Mail Group Limited will ensure that any changes to facilities or services willbe
subject to consultation with NFSP.
REMUNERATION
7. Remuneration for the facilities and services provided by the Operator will be paid in
accordance with the agreement that may be in force from time to time between Post
Office Ltd and the National Federation of Operators in respect of Mailwork.
WITHDRAWAL 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 National Federation of Operators, will be communicated to
Operators either directly, in the regular communications issued by Post Office Ltd, or
by amendment to Postal Instructions, provided such changes and/or operational
instructions are reasonable.
(APPENDICES 1-4 FOLLOW)
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APPENDIX 1
ACCOMMODATION SPECIFICATION
Current Health & Safety legislation requires that certain standards of accommodation are
needed at Mailwork Post Office® branches. The following schedule outlines these standards
by reference to workplace regulation issued by Health and Safety 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 carrying out risk assessments via Post Office Ltd tothe
Operator. Any action required as a consequence of the risk assessment will be agreed
between Royal Mail and Post Office Ltd and the Operator 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 Operator.
Any action that can reasonably be attributed to a past change in Royal Mail’s requirements,
or past changes in legislation, will be funded by Royal Mail.
Paragraph A
The Operator agreed to provide and maintain such accommodation as is required forthe
effective discharge of Mailwork duties. In fulfilling this requirement, the Operator will be
responsible for meeting the provisions of all relevant legislation (in particular HASAW) and
where employees of Royal Mail Group Limited 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 guidelines. 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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APPENDIX 1
ACCOMMODATION SPECIFICATION
GENERAL
General Take measures to ensure, so far as it is reasonably Workplace
Health, Safety practicable, the health, safety and welfare of people whouse Reg 4
& Welfare their premises. These measures should be intended to
responsibilitie
s
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
statutory Notices including the Health and Safety law notice andthe
Notices Health and Safety Policy Abstract Notice.
WORK AREA
Space and Every room where persons work should have sufficient floor Workplace
room area, height and unoccupied space for purposes of health, Reg 10
dimensions safety and welfare.
Maintenance The workplace and the equipment, devices and systems
of workplace should be maintained in an efficient state, in efficient Workplace
and working order and in good repair. Where appropriate a Reg 5
equipment, suitable system of maintenance of equipment devices and
devices and systems provided by them. The sub-postmaster will arrange
systems for premises maintenance in accordance with its contract.
Workstations Workstations should be suitable for the work and for persons
and working there. Workstations should include, so far as Workplac
eating reasonably practicable, protection from adverse weather, e Reg 11
arrangements for swift exit in an emergency and
arrangements to minimise risks of slipping or falling, and
seating suitable for operation. Royal Mail will provide the
equipment necessary for its employees to undertake the
tasks. The sub-postmaster will ensure that such equipment
is used correctly for the appropriate purposes.
CLEANLINESS
Cleanliness The workplace and the future furnishings and fittings should
and waste be kept sufficiently clean. Surfaces of the floors, walls and Workplac
materials ceilings inside the building should be capable of being kept eReg9
sufficiently clear. Workplaces should be kept free of
accumulation of waste material, suitable waste receptacles
should be provided.
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WELFARE & SANITARY FACILITIES
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Toilet Royal Mail employees should have ready access to toilet
Faci facilities. Provide suitable and sufficient water closets and Workplace
urinal. Facilities should be appropriate for men and women. Regs 20 &
Facilities should be kept clean and orderly and adequately 21
ventilated and lit.
Supply towels Soap and hand cleanser should also be provided for Royal
or dryers, Mail employees at all times as should toilet paper andtowels Workplac
toilet paper, or other hygienic means of drying hands. e
soap Reg 20
Sanitary towel Provide suitable means for disposal of sanitary towels in Workplac
disposal toilets that are used by women. e Reg
21
Washing 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 ventilated and lit.
Drinking A supply of wholesome drinking water would be provided Workplace
water supply and be readily accessible at all times. It should be clearly Reg 22
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 should be provided and Workplace
should be subject to routine safety tests carried out byRoyal Reg 25
and coffee Mail.
Eating Provided the mail preparation work area or kitchen is keptin Workplace
facilities a clean and hygienic condition, this should adequately serve Reg 25
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 ina
clean, dry, warm, well-ventilated place where it can dry out Workplace
in the course of a working day if necessary. Reg 23
Individual hat Accommodation for hanging and storage of employees’ Workplace
and coat pegs clothing should be provided; at minimum a separate hookor Reg 23
or lockers 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
including an emergency.
passageways
Adequate Provide suitable and sufficient lighting. This should be by Workplac
lighting natural light so far as is reasonably practicable. Provide a e Reg8
thermometer in the workplace.
Adequate Maintain workplace temperatures that provide reasonable Workplace
temperatures comfort. Use safe heating systems. Provide a thermometer Reg 7
in the workplace.
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Provide suitable and efficient facilities for rest.
Provide suitable protection from discomfort caused by Workplace
tobacco smoke. Reg 25
Provide suitable and sufficient facilities to eat meals where
they are eaten regularly in the workplace.
FIRE & SECURITY ARRANGEMENTS
Fire Provide fire precautions as required by the relevant fire precautions
precautions and regulations. Maintain fire escape minimum standards as defined
by Royal Mail Group Limited.
Fire fighting Maintain as a minimum, one water fire extinguisher. These
equipment, extinguishers must be checked annually and arrangements
alarm system, should be made to ensure this happens.
evacuation
drills
Disaster Plan —_ Hold a simplified, scaled down version of a disaster plan.
This should specify means of escape, assembly points,
individual’s responsibilities in times of danger and names and
telephone numbers of responsible Royal Mail managers (e.g.
controlling DOMs, DAMs etc.) as well as emergency services
and utilities contact numbers. It need only be on one side of
an A4 sheet and should be readily accessible if not
permanently displayed.
HEALTH & SAFETY
Safe systems _ Hold copy of the Safe Systems of Work for delivery staffand I Safe System of Work
of work encourage Royal Mail employees to refer to it periodically. for Delivery Staff
Display of Hold and make readily available, to Royal Mail Royal Mail Health
Health and employees, a relevant copy of the current & Safety Policy
Safety Royal Mail Health and Safety Policy showing
Information the management structure of the controlling
Main Postal Delivery Office amongst the
Organisation section.
Condition of Floors and traffic route should be suitable for
floors and the purpose for which they are used. They
traffic routes should not have holes, slopes uneven or
slippery surfaces that might cause safety risks.
They should have drainage where appropriate.
Floors and traffic routes should be kept free
from obstructions and from anything that may
cause someone to slip, trip or fall. Staircases
should have suitable handrails and guards
where appropriate.
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Falls or fal Suitable and effective measures should be Workplace
objects taken to prevent falls and people being struck Reg 13
by falling objects. Any known risk area should
be indicated and where appropriate securely
covered or fenced.
Windows and Every window and transparent or translucent Workplace
transparent or surface where necessary for reasons of Health Reg 14
translucent & Safety should be made of safety material or
surfaces adequately protected against breakage and
should be appropriately marked to make it
apparent.
Windows, Windows, skylights and ventilators should not Workplace
skylights and present health and safety risks. They should Regsi5 & 16
ventilators be capable of being cleaned safely.
Organisation Workplaces should be so organised in that pedestrians and Workplace
etc. of traffic vehicles can circulate in a safe manner. Traffic routes in Reg 17
routes workplaces should be suitable for the people or vehicles
using them, in number, position and size. Traffic routes
should be safe for use by pedestrians and where
appropriate, vehicles. Traffic routes should be suitably
signed where necessary for safety.
Doors and Doors and gates should be suitably constructed and safe in Workplace
gates use. Reg 18
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APPENDIX 2
OPERATOR SPECIFICATION
The following specification sets out the key outputs that Operators must deliver in respect of
the undertaking of Mailwork in Post Office® branches.
It should be read in conjunction with the Royal Mail Specification.
The phraseology uses the term “output”. This represents the achievement of an outcome for
which the Operator is responsible. It does not necessarily mean that the Operator has to
personally perform the task to deliver the output. For example, “Royal Mail employees
briefed in accordance with employee communication programme”: does not necessary mean
that the Operator has to lead formal team briefing sessions. It will mean that the Operator
will be responsible for distributing written briefing, facilitating team briefings lead bythe
Royal Mail line manager, passing on urgent messages for the line manager to Royal Mail
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 determiningthe
level of Operators’ involvement. In these cases a test of reasonableness applies. In general
terms, Operators 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 allcases
where Operators are unable to resolve issues or believe that resolution requires additional
capability, such difficulties must be referred to the Royal Mail 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 that will be agreed between Royal Mail, Post Office Ltd and
the Operator.
1. SUPERVISION
« Royal Mail employees adequately supervised at all times when on mailwork
premises. (NOTE: Royal Mail employees will be deemed to be adequately
supervised if all the outputs in this specification are achieved)
« Contact point provided for Royal Mail employees based at the mailwork office at
all other times when they are on duty.
« Royal Mail employees’ attendance checked (i.e. start and where appropriate
finish times) and all unforeseen absence reported to Royal Mail line manager.
« Staffing failures covered at minimum cost in accordance with contingency plan
difficulties referred to Royal Mail line manager.
« Indoor operational problems resolved where possible: difficulties referred to
Royal Mail line manager.
. Pressure overtime authorised and controlled in accordance with guidance from
Royal Mail line manager.
. Overtime, Scheduled Attendance’s, allowances and Door-to-Door records
certified.
. Reasonable actions taken to ensure Royal Mail employees comply with safety
and security instructions.
2. CUSTOMER
« Information provided to Royal Mail Customer Care when requested (where
Operator 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 Royal Mail Customer Care or Royal Mail
line manager.
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Local customer requirements met in accordance with processes set out in local
specification.
Local delivery problems with customers resolved (e.g. dangerous dogs) where
resolution is possible at local office level and in accordance with processesset
out in local specification - any difficulties referred to Royal Mail 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 community.
3. OPERATIONAL TASKS
Mail received and acknowledged.
Signature and value items securely held and processed in accordance with
product specification.
Redirection instructions, special instructions, retention instructions issued to
appropriate Royal Mail employee.
Door to 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.
Letterbox faults reported to Royal Mail line manager.
4. 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.
Driver’s hours’ information supplied.
Information provided in response to ad hoc requests subject to levels of
reasonableness.
Basic staff hours’ records completed.
5. PERSONNEL
Annual leave selection managed and authorised in accordance with local
specifications.
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«Royal Mail conduct code followed by Royal Mail employees - any failures by
Royal Mail employees to meet Royal Mail standards referred to Royal Mailline
manager.
« Opportunity for input to sick absence, Non-culpable Inefficiency, Conduct Code,
Welfare Interviews for Royal Mail employees; recruitment of permanent and
temporary Royal Mail employees; trial reports and appraisals, sick reports and
appraisals.
« Royal Mail employee grievances resolved where this is possible at local office
level - any serious grievances referred to Royal Mail line manager.
« Royal Mail employee questions answered if within the knowledge of the Operator
~ any difficulties referred to Royal Mail line manager or appropriate support
function.
« Late attendance reports completed.
« Royal Mail employees recognised in accordance with Royal Mail policy on
recognition.
« Accident reports completed.
« Royal Mail employees briefed in accordance with employee communication
processes as set out in local specification.
« Royal Mail employee training needs identified and where appropriate referred to
Royal Mail line manager.
«Royal Mail employees coached and trained in accordance with processes set out
in local specification.
6. TRANSPORT
« Royal Mail vehicles parked securely in accordance with locally agreed
arrangements.
e Fleet maintained, fuelled and cleaned in accordance with local Royal Mail
procedures.
« Road Transport Act requirements met (Logbooks Drivers hours; returns made).
e Vehicle accident reports completed.
« Cycles and delivery aids kept securely and maintained in safe condition in
accordance with locally agreed arrangements.
7. SAFETY
« Hazard/safety checks carried out on mailwork premises.
« Health and Safety notices displayed.
« Adequate fire precautions —- Royal Mail employees aware of precautions.
« Locally agreed disaster plan followed.
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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.
IPT-#3313620-v2 79
APPENDIX 3
ROYAL MAIL SPECIFICATION
The following specification represents the key outputs that Royal Mail must deliver toenable
the Operator to meet the Operator Specification. It should be read in conjunction with the
Operator 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 Royal Mail employees, attendance times and duties provided.
« Contingency plan for office provided.
* Guidance provided to Operator and Royal Mail employees on completion of Overtime,
Scheduled Attendance, Allowances and Door-to-Door records.
«Local specification (agreed with the Operator and Post Office Ltd).
« Royal Mail contact point provided to which operational difficulties can be referred.
2. CUSTOMER
« Royal Mail Customer Care contact point provided.
« Guidance on meeting the changes to customer requirements (unit specification).
« Information on Royal Mail Customer First provided.
« Information on Royal Mail Mission and Values provided.
3. OPERATIONAL TASKS
« Details of scheduled mail arrivals/tick list provided
« Telephoned advice of late arrivals, or other operational changes
« Guidelines and training for Operator and Royal Mail employees provided for all Royal
Mail products
* Second pouch arrangements specified
« Key security system specified
« Instructions provided for the ordering of uniforms, store, forms, and equipment
4 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
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Royal Mail 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.
Opportunity given to Operator to input relevant information regarding Royal Mail
employees in cases of Non-Culpable Inefficiency, welfare, sick absence, trial reports,
retention, appraisals.
Opportunity given to Operator to attend the selection interviews for Royal Mail
employees at the Mailwork office.
Opportunity given to Operators to attend at long service awards/retirement
functions.
Royal Mail contact points provided for all relevant Personnel issues relating to Royal
Mail employees.
Guidance provided on completion of accident reports.
Royal Mail recognition policy communicated.
Guidance provided on training for Royal Mail employees (training plans)
Communications plan for Royal Mail employees in Mailwork office provided.
TRANSPORT
Agreed arrangements specified for secure parking of vehicles
Arrangements for maintenance, fuelling and cleaning of fleet specified
Guidance provided on Road Transport Act requirements
Guidance provided on completion of Vehicle Accident reports
Arrangements for secure keeping and maintenance of cycles and delivery aids
specified.
SAFETY
Safety instructions provided
Disaster plan specified
First aid training provided to postmen in line with legal Health & Safety
requirements.
SECURITY
Security instructions provided
Security measures specified
FACILITIES
Sorting fittings, stores cupboards/cabinets, soap/towels, toilet paper, fire fighting
equipment, first aid equipment provided.
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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-officeis
withdrawn by Royal Mail or Royal Mail Parcelforce, the Sub-postmaster will receive alump
sum, an amount equivalent to 1.5 times the consequential annual reduction in pay. Any
decision to withdraw Mailwork shall be subject to paragraph 3 of Section 8, and for the
purposes of this provision any reference to Post Office Ltd in paragraph 3 of Section 8 shall
be construed as a reference to Royal Mail or Royal Mail Parcelforce (as applicable). 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 that attracts 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 Sub-postmaster should receive alump
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 netloss.
Payments should not be made where the change is due to variations in traffic.
At least three months’ notice will be provided to the Operator (and Royal Mail or Royal Mail
Parcelforce shall conscientiously consider what the duration of such notice period should
be), or payment in lieu of such notice will be paidon withdrawal of Mailwork, except in
those cases where the Operator’s contract issummarily 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 Operator
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
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SECTION 23
CHANGE OF CONTROL
1.For the purposes of this contract a person is deemed to have "Control" of the
Operator if they have the power to secure that the affairs of the Operator are
conducted in accordance with their wishes by the holding of shares, the holding of
voting power or as a result of powers conferred by the articles or other document
regulating the Operator and a Change of Control occurs if a person who has.
Control of the Operator ceases to do so or if another person acquires Control ofit.
2.As soon as practicable after the Operator becomes aware that a Change of Control of
the Operator has occurred or is likely to occur the Operator will give notice to Post
Office Ltd specifying details of the event and providing Post Office Ltd with any
relevant requested information.
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SECTION 24
INSOLVENCY EVENTS
1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
For the purposes of this Contract, an Insolvency Event shall have occurred if the
Operator:
Passes a resolution or a petition is filed or an order is made for or in connection with
the winding up of the Operator (otherwise than for the purpose of solvent
amalgamation or reconstruction where the resulting entity assumes all of the
obligations under this contract of the Operator) or the Operator becomes subject to
an administration order or an administrator, receiver or administrative receiver is
appointed of all or part of the Operator’s undertaking and assets;
suspends, ceases or threatens to suspend or cease to carry on its business or is unable
to pay its debts as they fall due or admits inability to pay its debts or is deemed unable
to pay its debts within the meaning of section 123 of the Insolvency Act 1986; or
commences negotiations with all or any class of its creditors with a view to
rescheduling any of its debts or makes a proposal for or enters into any compromise
or arrangement with its creditors (other than for the sole purpose of a scheme for a
solvent amalgamation or solvent reconstruction where the resulting entity assumes all
of the obligations under this contract of the Operator);
has a creditor or encumbrancer attach or take possession of or it becomes subject to
a distress, execution, sequestration or other such process in relation to the whole or
any part of its assets and such attachment or process is not discharged within fourteen
days;
has an application made in court or an order is made in relation to it for the
appointment of an administrator or if a notice of intention to appoint an administrator
is given or if an administrator is appointed over it;
has a floating charge holder over its assets become entitled to appoint or has appointed
an administrative receiver;
has a person become entitled to appoint a receiver over its assets or a receiver is
appointed over its assets;
becomes insolvent (within the meaning of the Insolvency Act 1986) or makes or
proposes to make any arrangement or composition with its creditors;
suffers any analogous event to those set out in clauses 1.1 to 1.7 above in any other
jurisdiction;
ceases or threatens to cease to carry on all or substantially the whole of its business.
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