IN THE BLACKPOOL COUNTY COURT
BETWEEN:
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Claim No. CR101947
POST OFFICE COUNTERS LIMITED
-and-
MRS JULIE WOLSTENHOLME
TRIAL BUNDLE
oy
STATEMENT OF CASE AND ORDERS
Tab Description
Claim No : CR101947
1. Claim Form
2. Amended Particulars of Claim
3. Notice of Transfer of Proceedings
4. Amended Particulars of Defence & Counterclaim
5. Reply and Defence to Counterclaim
6. Order
7. Order
8. Order
9. Order
10. Order
11. Order
12. Order
13. Order
Date
23.04.01
17.02.03
11.06.01
14.04.03
16.07.01
21.08.01
04.03.02
07.05.02
06.06.02
29.07.02
10.02.03
28.05.03
Claimant
Defendant
Page
3 - 83
84
85 - 89
90 - 94
95
96
97
98
99
100
101 - 102
103 - 104
14,
15.
16.
17.
18.
19.
Order
Order
Order
Order
Order
Notice of Trial Date
11.06.03
27.06.03
07.07.03
06.10.03
08.03.04
23.04.04
105
106
107
108
109 - 111
112
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In the CROYDON COUNTY COURT
Claim No. toed)
Claimant RONDO, Y,
POST OFFICE COUNTERS LTD v
Gavrelle House
2-14 Bunhill Road
London EC1Y 8HQ
Defendant(s)
Brief details of claim
Delivery up of goods belonging to the Claimant
Value
£11,100, the Claimant expects to recover more than £5,000 but not more than £15,000
SERVED ON 2 6 AP 2001 ppgtapgn2 4 APR 2081
x — —
— i ; 0.0
As above Amount claimed 11,100.00
4 z Court fee 230.00
Solicitor’s costs 67.75
Total amount 11,397.75
Issue date 73 APR 2001
The court office at CROYBOR sOuNt TY COURT, a
(
is open between 10 am and 4 pm wn HtE ay Aue with the court, please address forms or letters to the Court Manager and quote the claim number.
N1 Claim form (CPR Part 7) (10. ROYDON Printed on behalf of The Court Service
SURREY CR95AB \
O Yes
Does, or will, your claim include.any issues under the Human Rights Act 1998?
Particulars of Claim (attached)(te-fellew)
RASS
Statement of Truth
es * believe)(The Claimant believes) that the facts stated in these particulars of claim are true.
& * lam duly authorised by the claimant to sign this statement
Fullname ames Cruise
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Name of claimant’s solicitor’s firm Consignia plc Legal Services
a Senior Lawyer
position or office held. oor awyer
signed
wae James Cruise
*delete as appropriate
‘licitor) (if signing on behalf of firm or company)
Consignia Legal Services
Impact House
2 Edridge Road
Croydon CR9 1PJ
xopneeemeinie
&
IN THE CROYDON COUNTY COURT CLAIM NO.
BETWEEN:-
POST OFFICE COUNTERS LTD
Claimant
and
MRS JULIE WOLSTENHOLME
Defendant
PARTICULARS OF CLAIM
Post Office Counters Ltd ("POCL”) was until 25 March 2001 a wholly owned
subsidiary of the Post Office and is now a wholly owned subsidiary of Consignia plc.
Until her suspension on 30 November 2000 the Defendant was the subpostmistress
at Cleveleys modified sub post office under a written contract for services with the
Claimant. The Defendant's contract for services was subsequently terminated.
The Claimant lent to the Defendant the following items and equipment to assist her in
the performance of her duties as subpostmistress and the same were kept by her on
the premises:-
Two safes
Horizon computer equipment
Alarm system
Three mechanical scales and a parcel scale.
The value of the said items was at all material times estimated to be £11,100 in total.
Expressly or by implication the Defendant agreed that she would deliver up to the
Claimant and/or would permit the Claimant to collect the said items and equipment on
demand and/or on or after termination of the said contract and/or on or after cessation
or use of the said premises as a sub post office and/or within a reasonable time of
such demand or termination or cessation of use.
A sub post office has not been operated on the Cleveleys MSPO premises since
30 November 2000. On 23 February 2001 Elaine Tagg, a Retail Network Manager of
the Claimant visited the Cleveleys sub post office. The Defendant's business partner,
a Mr Roger Harrison, indicated that he would not allow the Horizon equipment or the
3
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Safes to be removed from the sub post office as he said he was in dispute with the
Post Office. A letter was subsequently sent to Mrs Wolstenholme dated 12 March
200! requesting the delivery of the goods in question.
Arrangements were then made for the safes and other equipment to be removed on
30 March 2001 but on 29 March 2001 the Defendant said that entry to the premises
would be refused to POCL.
The Defendant has therefore refused to deliver up the safes and other equipment or
to permit the same to be collected and continues to do so and has wrongfully retained
and continues to retain the safes and equipment. In particular the Claimant requires
the safes for use at a new sub post office and if new safes have to be purchased the
cost is likely to be £18,800. The Claimant is therefore deprived of the use of the safes
and equipment and has suffered and continues to suffer loss and damage by reason
thereof.
The Claimant also claims interest pursuant to Section 69 of the County Courts Act
1984 on such sum as the Court may determine as payable for such time and at such
rate as may be just.
AND the Claimant claims:-
(i) delivery up of the said items and equipment or their value in damages
consequent upon the wrongful interference with the same by their detention,
alternatively damages in excess of £5,000
(ii) the said interest.
Statement of Truth
The Claimant believes that the facts stated in this the Particulars of Claim are true.
Full Name: JAMES CRUISE
I Position or office held: Senior Lawyer
James Cruise I
Dated this 19” day of April 2001
To:
Catherine Churchard
Consignia pic
Legal Services
Impact House
2 Edridge Road
Croydon CR9 1PJ
Ref: LD/61926/JAC
The District Judge of the Court
and the above-named Claimant
u
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CASE No.
IN THE CROYDON COUNTY COURT
BETWEEN:-
POST OFFICE COUNTERS LTD
Claimant
and
MRS JULIE WOLSTENHOLME
Defendant
QO
PARTICULARS OF CLAIM
Catherine Churchard —
Consignia plc
Legal Services
Impact House
2 Edridge Road
Croydon CR9 1PJ
Ref: LD/61926/JAC
c:ldatalwinword\backsheet.doc Ss
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BETWEEN:
POST OFFICE COUNTERS LIMITED
9
and &
MRS JULIE WOLSTENHOLME 2
\ Oppnne
PARTICULARS OF DEFENCE AND COUNTERCLAIM
DEFENCE
1. Paragraph 1 of the Particulars of Claim is admitted.
2. In relation to paragraph 2 of the Particulars of Claim the Defendant admits that
she was a sub-post mistress but she contends that on its true construction the contract
between her and the Claimant was a contract of employment. The Defendant asserts
that her employment was terminated unlawfully and she has made an application to the
Industrial Tribunal for unfair dismissal and in that claim she has claimed re-engagement
and reinstatement at the premises in Cleveleys where she was carrying out her
employment, namely 2 Runnymede Avenue, Thornton-Cleveleys.
3. The Defendant admits that the items and equipment listed in paragraph 3 of the
Particulars of Claim were placed.in the said premises by the Claimant as part of her
contract of employment.
©
4. The Claimant is put to proof in respect of the value pleaded in paragraph 4 of the
Particulars of Claim.
5. Paragraph 5 of the Particulars of Claim is denied. In the alternative it is
necessary for the said items to remain in the said premises until the determination of the
disputes between the parties. It would be pointless for the said items and equipment to
be removed only to be reinstated in the event of a successful application by the
Defendant for reinstatement.
6. Paragraphs 6 and 7 of the Particulars of Claim are admitted. There is a
continuing dispute between the parties.
7. The contents of paragraph 8 of the Particulars of Claim are denied. The
Defendant has not wrongfully retained and refused to deliver up the said items as alleged
in paragraph 8 of the Particulars of Claim.
8. The Claimant is not entitled to the relief claimed in the prayer to the Particulars of
Claim or in paragraph 9 thereof.
9. If (which is denied) the Claimant is entitled to recover the claimed or any sum
from the Defendant, the Defendant will claim to set off damages recovered under her
Counterclaim in extinction or diminution thereof.
COUNTERCLAIM
10. The contents of the Defence are repeated.
11. The Defendant's contract of employment with the Claimant commenced in or
about November 1999. Her average take home pay for herself and co-employees was
£5,300 per month after deduction of National Insurance. The Defendant will refer at trial
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to the full terms of the written contract entered into between ‘the parties and to the mode
of contro! exercised by the Claimant over the day to day control of the business carried
out from the said premises, including the promotion of products and the deduction of
National Insurance from her remuneration. On its true construction the said contract is a
contract of employment.
12. Further paragraph 1.9 of the written contract states that the Claimant may
terminate the contract at any time in case of breach of condition or non-performance of
obligations or non-provision of services or otherwise by giving three months notice in
writing and whilst by letter dated January 19th, 2001 the Claimant stated it was giving
three months notice the date specified in the letter did not give three months notice.
Given that the Claimant sought to give three months notice, the letter on its true
construction did not purport to terminate for breach of condition or non performance of
obligations or non provision of services.
13. In these circumstances the Claimant wrongfully and in breach of the said contract
terminated the Defendant's employment.
14. Further or in the alternative it was an implied term of the contract between the
Claimant and the Defendant that the computer system provided by the Claimant would be
fit for its purpose and the Claimant is in breach of this term in that the computer system
provided was unfit for its purpose and the Claimant failed to ensure that the system was
working adequately. The Defendant has supplied the Claimant with details of the
persistent inadequacies of the said computer system
15. Further the Claimant is a public authority for the purposes of section 6 of the
Human Rights Act 1998 and the Defendant's earned income under her contract of
employment or alternatively her goodwill constitute possessions for the purposes of the
Convention right to possessions under article 1 Protocol 1 and the Defendant is entitled to
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Co
damages under section 8 of the Human Rights Act 1998 by virtue of the Claimant's
actions in wrongfully terminating her contract. In addition the Defendant is entitled to
damages for breach of article 6 in that her mode of dismissal was unfair.
16. In the alternative if (which is denied) the Defendant was not employed under a
contract of employment she was a commercial agent for the purposes of the Commercial
Agents (Council Directive) Regulation 1993 made under section 2 (2) of the European
Communities Act 1982 and she is entitled to compensation and/or damages from the
Claimant pursuant to regulation 17(1) of the 1993 Regulations.
17. By reason of the above matters the Defendant has suffered loss and damage.
PARTICULARS
(1) Loss of the ingoing paid by the Defendant to the Claimant in the sum of
£82,500.00.
(2) Loss of earnings at £5,300 per month from November 22, 2009 to the date hereof
and continuing.
(3) Loss of the opportunity to earn income from related activities in the said
premises.
(4) Wages from 27/11/2000 to 22/04/2001 @ £5,300 per month equals £26,500.00.
And the Defendant counterclaims
(4) damages for wrongful dismissal;
(2) damages for breach of the implied term to provide a computer system fit for its
q
purpose;
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(3) damages under section 8 of the Human Rights Act 1998;
(4) compensation or damages under the Commercial Agents (Council Directive)
Regulations 1993.
ERIC OWEN
This Statement is true.
—~\
Dated this 6th day of June 2001
SIGNED .I Julie-Wolstenholme ‘--
Filed by : Messrs Lawsons Samuels Capaldi
22 Whitegate Drive
Blackpool
Lancashire FY3 9AQ
Ref : PJL/DA/Wolstenholme
Solicitors for the Defendant
10
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CASE NO: CR1 01947
IN THE BLACKPOOL COUNTY COURT
BETWEEN:
POST OFFICE COUNTERS LTD
. Claimant
And
JULIE WOLSTENHOLME
Defendant
AMENDED PARTICULARS OF CLAIM
BY ORDER OF DEPUTY DISTRICT JUDGE LAMBERT
DATED 10 FEBRUARY 2003
Attached is a paginated bundle of documents to which reference will be made below. Page
numbers referred to below are reference to the paginated bundle unless otherwise stated.
1 Post Office Counters Ltd (“POCL”) was until 25 March 2001 a wholly owned subsidiary of
the Post Office and is now a wholly owned subsidiary of-Gersignia_ple. Royal Mail Group
plc. POCL changed its name to Post Office Limited on 1° October 2001.
2 Until her suspension on 30 November 2000 the Defendant was the subpostmistress at
Cleveleys modified sub post office under a written contract for services with the Claimant.
The Defendant's contract for services was subsequently terminated.
3 A copy of the contract for services is attached at pages 1-60. The Claimant will rely on the
contract for services for its full terms and effect at trial.
4 An particular, pursuant to Section 9(M) paragraphs 12 and 13 of the contract for services
the Defendant is liable for losses arising at the Defendant's post office during the period of
the contract for services.
5 ‘The Defendant's subpostmaster’s account shows an overall final loss in the sum of
£25,034.04 in respect of the period up to.
\
including
100. An itemised
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breakdown of this figure is attached at pages 61-67. Such sum remains outstanding to
date.
The Claimant lent to the Defendant the following items and equipment to assist her in the
performance of her duties as subpostmistress and the same were kept by her on the
premises :-
- Two safes
- Horizon computer equipment
- Alarm system
- Three mechanical scales and a parcel scale
The value of the said items was at all material times estimated to be £11,100 in total.
Expressly or by implication the Defendant agreed that she would deliver up to the Claimant
and/or would permit the Claimant to collect the said items and equipment on demand
and/or on or after termination of the said contract and/or on or after cessation or use of the
said premises as a sub post office and/or within a reasonable time of such demand or
termination or cessation of use.
A sub post office has not been operated on the Cleveleys MSPO premises since 30
November 2000. On 23 February 2001 Elaine Tagg, a Retail Network Manager of the
Claimant visited the Cleveleys sub post office. The Defendant's business partner, a Mr
Roger Harrison, indicated that he would not allow the Horizon equipment or the safes to be
removed from the sub post office as he said he was in dispute with the Post Office. A letter
was subsequently sent to Mrs Wolstenholme dated 12 March 2001 requesting the delivery
of the goods in question.
Arrangements were then made for the safes and other equipment to be removed on 30
March 2001 but on 29 March 2001 the Defendant said that entry to the premises would be
refused to POCL.
The Defendant has therefore refused to deliver up the safes and other equipment or to
permit the same to be collected and continues to do so and has wrongfully retained and
continues to retain the safes and equipment. In particular the Claimant requires the safes
for use at a new sub post office and if new safes have to be purchased the cost is likely to
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be £18,800. The Claimant is therefore deprived of the use of the safes and equipment and
has suffered and continues to suffer loss and damage by reason thereof.
12 The Claimant also claims interest pursuant to Section 69 of the County Courts Act 1984 on
such sum as the Court may determine as payable for such time and at such rate as may be
just.
13 Further the Defendant is indebted to the Claimant in the sum of £25,034.04 which
tepresents the overall final loss figure on the Defendant's subpostmaster's account and the
Claimant claims such sum.
14 The Claimant claims interest under Section 69 of the County Courts Act 1984 at the rate of
8 per cent per annum, from 4 December 2000 to 5 February 2003 of £4,351.31 and also
interest atthe same rate up to the date of Judgment or earlier payment at a daily rate of
£5.49.
AND the Claimant claims :
(i) delivery of the said items and equipment or their value in damages consequent
upon the wrongful interference with the same by their detention, alternatively
damages in excess of £5,000.
(ii) the sum of £25,034.04
4+ (iii) the said interest
STATEMENT OF TRUTH
The Claimant believes that the facts stated in these Particulars of Claim are true.
lam duly authorised by the Claimant to sign this statement.
Dated this 19" day of April 2001
13
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Re dated this_17th day of February 2003
Catherine Churchyard
Gensignia-pic Royal Mail Group pic
Legal Services
Impact House
2 Edridge Road
CroydonCR9 1PJ
Ref : LD/61926/JAC
To: — The District Judge of the Court
And the above-named Claimant
TINA RANALES-COTOS
4
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CASE NO: CR1 01947
IN THE BLACKPOOL COUNTY COURT
BETWEEN:
POST OFFICE COUNTERS LTD
Claimant
And O
JULIE WOLSTENHOLME
Defendant
AMENDED PARTICULARS OF CLAIM BY ORDER
OF DEPUTY DISTRICT JUDGE LAMBERT
DATED : 10 FEBRUARY 2003
Weightman Vizards
41 Spring Gardens
Manchester
M2 2BG
Ref : NK SJH jw 14845.1
Solicitors for the Claimant
IS
se x
eee
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iiaieeenceenmenemnnntetinatentit tention nee
is,
‘i
MODIFIED
SUBPOSTMASTERS
CONTRACT
llo
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CONTENTS
MODIFIED SUBPOSTMASTERS' CONTRACT AND STATU:
CONTRACT...
PO RULES & POSTAL INSTRUCTION
CONTRACT- CHANGES AND AMENDMENTS,
REGIONAL GENERAL MANAGER
REMUNERATION. ‘ 3
FREQUENCY OF PAYMENT
QUESTIONS ABOUT REMUNERATION .
SUBPOSTMASTERS' ABSENCE FROM OFFICE 7
GENERAL... -
,? NATIONAL INSURANCE 8
I CLASSIFICATION ..
PERSONS TAKING UP AN APPOINTMENT AS A 'SUBPOSTMASTER .
CONTRACTING OUT
CONTRIBUTIONS...
MARRIED WOMEN AND WIDOWS.
NON LIABLE SUBPOSTMASTERS
SECONDARY CONTRIBUTIONS
ARREARS OF REMUNERATION.
DEATH OF SUBPOSTMASTERS ..
SICKNESS BENEFIT......
SUBPOSTMASTERS WITH MORE THAN ONE EMPLOYMEN!
SUBPOSTMASTERS SUSPENDED FROM OFFICE AND THEIR SUBSEQUENT
REINSTATEMENT...
CHANGES IN NATIONAL INSURANCE STATU
DEFERMENT OF NORMAL RETIREMENT DATE
RESIGNATION/TERMINATION OF APPOINTMI
MARRIED WOMEN AND WIDOWG......
, CANCELLATION OF ELECTION TO PAY AT REDUCED RATE
SS===5 SS5555
STATUTORY SICK PAY SCHEME 12
INTRODUCTION 7
GENERAL ..
EXCLUSIONS ..
QUALIFYING DAYS
NOTIFICATION OF SICKNESS
EVIDENCE OF SICKNESS......
END OF ENTITLEMENT TO STAI
RULES OF PAYMENT .
DUAL EMPLOYMENT
OTHER INFORMATIO!
ABSENCE FOR JURY SERVICE 15
‘ RESIGNATION AND RETIREMENT 16
RESIGNATION .
RETIREMENT ..
INJURY. RESULTING FROM CRIMINAL ATTACK 7
REPORTS... ay)
POST OFFICE COUNTERS LTD PERSONNEL CRIMINAL INJURY COMPENSATION
SCHEME... WV
VW
CONDTMONS 18
RESPONSIBILITY FOR POST OFFICE STOCK AND CASH 22
CREDIT STOCK STAMPS ETC. 22
MISSING OR STOLEN STOCK,
ACCIDENTAL LOSS.
ASSISTANTS
ASSISTANTS’ CONDITIONS OF SERVICE.
SUITABILITY OF APPLICANTS - REFERENCES.
PERSONAL DECLARATION ..
SUB-OFFICE ASSISTANT ACCUSED OR SUSPECTED OF DISHONESTY ETC.
UNSUITABLE PERSONS...
DIVULGENCE OF OFFICIAL INFORMATION, CORRESPONDENCE AND INTERVIEWS
DIVULGENCE OF OFFICIAL INFORMATION.
PERSONAL DECLARATIONS...
CONTACT WITH THE PUBLIC NEWS MEDIA’
PUBLICATION OF OFFICIAL INFORMATION
CORRESPONDENCE WITH THE PUBLIC...
OFFICIAL DOCUMENTS AND LEGAL PROCEEDINGS ..
USE OF OFFICIAL INFORMATION OR POSITION FOR PRIVATE PURPOSES
BREACHES TO BE REPORTED...
SUMMARY OF EXTRACTS FROM ACTS OF PARLIAMENT ° 32
POST OFFICE ACT, 1953 .
(SECTION 57) as amended
(SECTION 58(1).
(SECTION 59)
(SECTION 87)
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PERSONAL DECLARATION (P13)
BBsee
OFFICIAL SECRETS ACTS
DECLARATION (P301).......
EXTRACTS FROM THE OFFICIAL SECRETS ACTS, 1911 and 1920 37
SECTION 2 OF THE OFFICIAL SECRETS ACT, 1911, AS AMENDED BY THE OFFICIAL
SECRETS ACT, 1920 PROVIDE AS FOLLOWS: 37
SECTION 1 (2) OF THE OFFICIAL SECRETS ACT, 1920, PROVIDES AS FOLLOWS: 38
SUBPOSTMASTERS’ PRIVATE BUSINESS ACTIVITIES 39
"PRIVATE BUSINESS ACTIVITIES" .39
BETTING AND GAMBLING
LICENSED PREMISES .
POLITICAL ACTIVITES.
USE OF THE NAME ‘PO!
EMPLOYMENT IN THE POST OFFICE OR THE CIVIL SERVICE
BORROWING AND LENDING MONEY....
USE OF POST OFFICE EMPLOYEES IN PRIVATE BUSINESS.
NON-OBSERVANCE OF RULES: APPEALS PROCEDURES
ALLEGATIONS OF NON-COMPLIANCE OR NON-OBSERVANCE OF RULES ..
REPRESENTATIONS ON POST OFFICE MATTERS
APPEALS
APPROACHES TO PERSONS OUTSIDE THE POST OFFICE .
OFFENCES: SUSPENSION: ENQUIRIES BY OFFICERS OF THE INVESTIGATION DIVISION
43
ARRESTS AND CONVICTIONS 43
IMMORALITY AND OTHER MATTERS OF PERSONAL CONDUCT.
SUSPENSION FROM OFFICE.....
CRIMINAL CONDUCT: REPORTING
THEFTS BY STRANGERS ..
FAILURE TO REPORT DISHONESTY ...
ENQUIRIES BY OFFICERS OF THE INV!
FRIENDS AT INVESTIGATION DIVISION INTERVIEWS
SEARCHES.
INFECTIOUS (INCLUDING CONTAGIOUS) DISEASES 46
PREMISES 47
“a7
48
ALTERATIONS TO SUB-OFFICE PREMISES, ACCOMMODATIO!
NOTICES, PUBLICITY, ETC. ...scsssecsesssese
RESITING OF POST OFFICE SECURITY EQUIPMENT
RESIDENCE.
PURCHASE
ADVERTISEMENTS
19
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HOURS, ATTENDANCE. ETC.
STANDARD COUNTER HOURS OF SERVICE
LUNCHTIME AND HALF DAY CLOSURE (MONDAY TO FRIDAY).
LOCAL HOLIDAYS...
“g88s
INTRODUCTORY PAYMENT
FORMER EMPLOYEES OF POST OFFICE COUNTERS LID...
PUTTING THE CUSTOMER FIRST
£ 88sae
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CONTRACT
The contract is a contract for services and cdnsequently the Subpostmaster is an agent and
not an employee of Post Office Counters Ltd.
All references to Subpostmasters are to be construed as including Subpostmistresses unless
otherwise stated or implied from the context.
The Subpostmaster must provide and maintain, at his own expense, reasonable office
accommodation required by Post Office Counters Ltd, and pay also at his own expense, any
assistants he may need to carry on Post Office Counters business.
The minimum hours of attendance (liable to variation) are:
.. on Public Holidays
days, except when registered items or
Pp @ 01 hen it may be necessary to attend at .. + pm.
The Subpostmaster is not obliged to attend the sub-office personally but he is required,
whether he is there or not, to accept full responsibility for the proper running of his
sub-office and the efficient provision of those Post Office services which are required to be
provided there. Retention of the appointment as Subpostmaster is dependent on the
sub-office being well managed and the work performed properly to the satisfaction of Post
Office Counters Ltd.
The Subpostmaster is informed at the time of his appointment of the types of business he is
required to provide. He must also undertake, if called upon to do so later, any other type of
business not required at the time of his appointment but which Post Office Counters Ltd
may subsequently and reasonably require him to do as part of the terms of his appointment.
If Post Office Counters Ltd alters the services to be provided or withdraws a service the
Subpostmaster has no claim to compensation for any disappointment which may result
from the change.
The terms of the appointment of Subpostmaster do not entitle the holder to paid sick or
annual leave, or pension.
Copyright reserved Issue 2
Page 1
pe) \ September 1994
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9. Should the Subpostmaster desire to resign his Office he must give three calendar months
notice in writing failing which he shall be liable to bear any expense incurred by Post Office
Counters Ltd in consequence. The Agreement may be determined by Post Office Counters
Ltd at any time in case of Breach of Condition by him, or non-performance of his obligation
or non-provision of Post Office Services, but otherwise may be determined by Post Office
Counters Ltd on no less than three months notice.
10. The Subpostmaster will display a vacancy notice in the Sub-Post Office window at the time
of his resignation if so required by the Regional Manager.
PO RULES & POSTAL INSTRUCTION
11. The rules provided for the instruction and guidance of Subpostmasters must be kept up to
date. They must be carefully studied and applied. No breach of rules will be excused on the
grounds of ignorance.
12. Operational rules are intended for the instruction and guidance of both the Subpostmaster
and the staff which he employs at his sub-office. The Subpostmaster must ensure that his
Sub-Office Assistants carry out their duties in accordance with the rules and instructions
affecting their respective duties.
13. Duties - The principal duties at present required are included in the following list:
Sale of Postage Stamps. Filling and clearing of Stamp-Selling machines.
Treatment of Postal Packets, including Overseas Parcels
Business connected with:-
Postal orders Telephone Accounts
Pensions and Allowances Telephone Savings Stamps
Saving Certificates National Insurance
Savings Bank, Goverment Stock and Annuities Premium Savings Bonds
Television Licences Local Taxation Licences
Television Licence Saving Stamps Girobank
Motor Vehicle Licences Datapost
British Visitors Passports Post Office Point of Sale
CONTRACT- CHANGES AND AMENDMENTS
14. Changes in conditions of appointment and operational instructions will appear from time to
time in the Counter News or by amendment to The Contract. Such changes and instructions
are deemed to form part of the Subpostmaster’s contract.
REGIONAL GENERAL MANAGER
15. All instructions received from the Regional General Manager should be carried out as
promptly as possible.
END
‘Copyright reserved Issue 2
Page 2
September 1994
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SECTION 2 (M)
REMUNERATION
1. ASubpostmasters pay is broadly based on the work which is transacted at his Sub-Post
office. .
"FREQUENCY OF PAYMENT
2. "The remuneration is paid monthly.
3. - Traffic is based on accounting periods which have variable duration’s. Payment is made at
the end of a calendar month. The month of payment will usually be the third month
following the end of an accounting period. However, where an accounting period ends in
the same month in which it starts, payment for that period will be made at the end of the
fourth calendar month following the accounting period end. The dates of payment will be
_ published from time to time in Counter News.
4. ‘On taking up appointment, the first three payments will be calculated on the work
transacted during the appropriate periods prior to the date when the Subpostmaster took up
post. Consequently no payment will be made in respect of work transacted during the last
three accounting periods of an appointment. A Pro-rata adjustment will be made in respect
of any part accounting periods where the subpostmaster holds an appointment.
ASSESSMENT
5. The assessment of the work done for the purpose of calculating the remuneration due for
any Post Office accounting period is undertaken in the following way.
6. The major measurable items of business undertaken at the sub office are assigned a
monetary value. Additionally, each Subpostmaster will receive a core payment, The total of
the business related and core payments reflects all of the work necessary to perform services
to the required standard as specified by Post Office Counters Ltd.
7. The payment for a particular item of business may be increased or decreased to reflect
changes in the method of performing the transaction. Details of the basis of the work related
payment appear at the appendix to this Section.
8. Additional items to which a monetary value has been assigned may be introduced from
time to time. Not all new items of business will attract a specific monetary value.
9. Where the numbers of transactions for a specific item of business which has been assigned a
distinct payment reduces, Post Office Counters Ltd may absorb the payment for that work
either into another item of business which has a distinct payment or into the core payment.
10. The monthly amount of remuneration to be paid in respect of the sub office is calculated by
multiplying the number of transactions against the respective monetary amounts, totalling
the results and adding to that sum one twelfth of the core payment. The total as derived has
been adjusted to take account of any work (or expenditure) undertaken outside those
transactions which have no specific payment.
11, The rate of payment is therefore in respect of the total provision of Post Office Couriter
services
SUBPOSTMASTER'S PERSONAL BUSINESS
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I 12. Full credit is normally allowed for the personal post office business of a subpostmaster and
I members of his household. Post Office Counters Ltd reserves the right to withhold the credit
I of such business at its discretion.
RETURNS COMPLETED BY SUBPOSTMASTERS FOR REVISION PURPOSES
13. Subpostmasters will be required from time to time by the Regional General Manager to
complete retums in connection with the provision of Post Office services. It is essential that
Subpostmasters complete and return such information without delay; failure to do so may
adversely effect calculation of the Subpostmasters remuneration.
PROHIBITIONS
14. The delivery of stamps, postal orders or other items of business at the premises of persons,
firms or companies is forbidden. Remuneration may be withheld in respect of any business
obtained by a subpostmaster in breach of this rule.
I QUESTIONS ABOUT REMUNERATION
5) 15. Ifa subpostmaster considers that the foregoing rules have not been correctly applied in the
i case of his sub-office he should initially make representations to his Retail Network
Es Manager. If he is dissatisfied with the outcome of such representations he may appeal to the
Regional General Manager whose decision shall be final.
“
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¥
‘Transaction ayment {Description
01/02 {Electricity Tokens / Powercards etc.
[Automated Payment Schemes 12.0p INumber of transactions
Existing)” .
Automated Payment Schemes (New) Number of transactions
(Payment advised at time of
konversion/introduction) _
(Subject to ongoing negotiations).
* South Wales Electricity
Yorkshire Electricity
Scottish Hydro and
* I Scottish Power.
NB: excludes MANWEB
03 IGiro Inpayments 24.5p I- Number of Inpayments and
Deposits Including
Business Deposits
04__: Giro Inpayments 5.1p I Value of Inpayments per £600
05 Business Cheque Only Deposits 24.5p I Number of transactions
06 Giro Outpayments 17.3p I Number of Outpayments and
Withdrawals
07 Giro Rent Vouchers/Cards 14.0p I Number of rent card and voucher
_payments .
08 ‘Council Tax Cards/Vouchers 14.0p I Numbers of cards and voucher
_ Payments
09 Giro Change Giving 48.5p I Number of transactions
10 DSS Coloured Orders 14.6p I Number of transactions
11/12 IMotor Vehicle Licenses Number includes all other
10s 81.6p I Other MVL work except the
Vi11s 68.3p I Sale of stamps
13 MVL Saving Stamps 0.4p I Value stamps sold per £1
14 TV Licence 49.0p I Number of Licences issued
15 ITV Licences Savings Stamps 4p I Number of stamps sold per £1
[16 British Excursion Documents Number of transactions
59.6p I Subsumes all other passport work
7 [British Visitors Passports Number of transactions
204.0p I Subsumes all other passport work
18 Pensions and Allowances 11.4p I Groups 1,23,6,7,10,11,13,14
19 Pensions and Allowances 9.7p I Groups 458,12
20 Milk Tokens 2.6p I Number of tokens
21 Ell 21.6p I Number of transactions
22 Postal Orders Sold 7.8p I Low, High and Higher value -
subsumes all other Postat Order Work
23 Telephone Receipts Paid 17.3p I Number of transactions
24 Telephone Savings Stamps 0.4p I Value of stamps sold per £1
25 Phonecards 6.7p I BT and Mercurycards per £1 sales
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‘
26 Franking Machines 153.0p I Number of resettings (includes
payment for attendant ancillary
: work)
27 Postage Stamps 6.9p I Value per £1 of all postage stamps sold
except those as wholesale discount
packs.
Subsumes all other Royal Mail
transactions unless specified below
28 Discount Wholesale Packs 0.3p I Per£1 sales
29 Water Authority Saving Stamps 1.6p I Value of stamps sold per £1
30 NSB Ordinary Accounts 45.3p I Number of transactions
31 ‘NSB INVAC Deposits 45.3p I Number of transactions
32 All other DNS Deposits 45.3p I Includes all other DNS purchases
across the counter.
33 NSB Invac Withdrawals 91.9p {Number of transactions
34 All Other DNS Withdrawals 91.9p I Includes all other DNS encashments
made
F across the counter
mI 35 NIESS 2.7p I Value of stamps sold per £1
; ) 36 Electricity Tokens / Powercards etc.
IManual Schemes incl: East Midlands 1.6p [Value of transactions per £1
Electricity Budgets Payment. .
37 Gas Tokens 11.0p INumber of transactions
38 Discrete Parcels Income 2.2p [Inland and Overseas Parcels
' - Stamped and Metered
i Number of parcels
: 39 __I Electricity Key recharging _ 16p I Value of transactions per £1
{ 40 Datapost 82.1p I Number of transactions
b 41 Home Help Stamps 1.6p [Value of stamps sold per £1
i 42 Contract Parcels 14.0p INumbers of transactions
i [ATM Withdrawals 2.0p [Value of cash dispensed per £100
I ed monthly payment of £100
' [Local Schemes [As advised.
{ ivers Authority 40.0p I Number of transactions
f Rod Licence
\ =
i
iy
I
I END
i
{
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SECTION 3(M)
SUBPOSTMASTERS’ ABSENCE FROM OFFICE
GENERAL
“1. ASubpostmaster, under the terms of his cdntract, is not obliged to render personal service
and is therefore free to absent himself from the office, provided he makes suitable
arrangements for the conduct of the office during his absence.
2. ASubpostmaster’s responsibility for the proper conduct of the office, or for any losses
occurring during his absence, is in no way diminished by his absence from the Sub-Office.
He must make proper provision, at his own expense, for the conduct of the office while he is
away, and must notify the Regional Manager on form P2593 when period of absence is
likely to be more than 3 days giving the name of the person substituting for him.
END
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SECTION 4 (M)
NATIONAL INSURANCE
CLASSIFICATION
1.
For national insurance purposes, a Subpostmaster is regarded as an office holder with
emoluments chargeable to income tax under Schedule E. As such, all Subpostmasters are
liable to make national insurance contributions in accordance with the provisions of Class 1.
Class I contributions comprise 2 parts:
(a) _ the Primary contribution which is generally known as the employee's contribution
(b) _ the Secondary contribution which is generally known as the employer's contribution.
PERSONS TAKING UP AN APPOINTMENT AS A SUBPOSTMASTER
2.
All persons on taking up an appointment as a Subpostmaster should supply the Regional
General Manager with their national insurance number by means of a NI number card, form
P45 and/or P60 (see leaflet NI 217) and also any current certificate of Earner’s non/reduced
rate liability that they may have. Where for one reason or another a new Subpostmaster
does not provide a NI number, the action outlined in the Employer's Guide to National
Insurance Contributions (NP15) will be followed.
CONTRACTING OUT
3.
Under -the Social Security Act 1975, pensions for retirement, widowhood and invalidity
consist of 2 parts:
(a) _ basic pension
(b) anadditional pension related to an employee's reckonable earnings between the lower
earings limit and the upper earnings limit.
An employer may contract his employees out of that part of the State Scheme which.
provides an additional pension if the Occupational Pensions Board is satisfied that his
occupational pensions scheme meets the conditions required by the Act. As Subpostmasters
are not employees of Post Office Counters Ltd they are ineligible to belong to the Post Office
Staff Superannuation Scheme and therefore are not contracted out of the State Scheme.
CONTRIBUTIONS
5.
DSS leaflet NP15 "Employer's Guide to National Insurance Contributions" gives a guide to
the contribution arrangements.
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6. Provided earnings reach or exceed the lower earnings limit, a Subpostmaster will be liable to
pay Primary contributions on all earnings up to the upper earnings limit at:
(a) the standard rate; or
(b) the reduced rate (see para 7) or
(c) _ isnot liable for contributions because he/she is over pension age or has made other
arrangements (see para 14).
4
DSS has‘agreed that the amount paid to Subpostmasters in respect of their staff costs should
not be reckonable for the purpose of calculating NI contributions.
All Subpostmasters are required to submit details of their staff costs actually incurred. Staff
¢ costs should include not only assistants’ wages but also the employers National Insurance
contributions which these wages attract. Payments made for work carried out in any private
business should be excluded. Payments should also be excluded for those persons employed
in any private business but who are registered as a Sub Office Assistant because they
occasionally cover for short absences from the Post Office counter. If requested, all
Subpostmasters are required to provide details of other items of expenditure actually
ieumed in providing Post Office services.
Ya Subpostmaster trades for business purposes as a partnership with someone who assists
with the work of the Post Office, it is likely that under typical partnership arrangements
drawing are made rather than the payment of a wage or salary. In such cases, drawings that
can be fairly attributed to the contribution made in conducting Post Office business should
be treated as the staff costs incurred.
Details of staff costs should be recorded using forms SNI/1 and SNI/4 supplied by the
Regional Office. Form SNI/1 is used in those cases where Subpostmasters do not use a
wages book or other record of expenditure on staff costs, and should be retained at the Sub
Office for inspection by DSS or Post Office auditors. Details of monthly staff costs as set out
in the wages book or SNI/1 should be notified at the end of each month to the Regional
Office using form SNI/4.
If the weekly staff costs are constant (i.e. the same number of hours are worked each week in
the Post Office for the same pay), there is no necessity to submit subsequent forms SNI/4
after the initial retum purely because of a variation in costs arising for 4 weekly or 5 weekly
payments. Unless the Regional Office is advised accordingly, average monthly staff costs
will be calculated and carried forward each month.
MARRIED WOMEN AND WIDOWS
7. There is no longer a right to choose to pay reduced rate contributions. However, a woman
entitled to pay at the reduced rate for 1977-78 tax year continues to be able to do so for
subsequent years unless:
(a) she revokes her election;
(b) as amarried woman her marriage ends in divorce or annulment;
(c) she becomes a widow and after the initial period becomes entitled to widow's benefit;
(a) during 2 consecutive tax years which fall after 5 April 1978 she was neither liable to.
pay a Class 1 contribution nor was self-employed.
DSS will provide a certificate authorising deductions of a Class I contributor's contribution
at the reduced rate. As Post Office Counters Ltd will be held responsible for any deficiencies
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in contribution, deductions will be made at the standard rate unless the Subpostmistress
produces a valid certificate.
NON LIABLE SUBPOSTMASTERS
8. Nocontributions are payable by men over 65 or women over 60 and in such circumstances
DSS will normally issue a certificate of age exception. However, if some other definite
evidence is being held to show that a Subpostmaster has reached age 65 (60 for a woman)
his /her deductions may be ceased even though a certificate of age exception has not been
produced.
SECONDARY CONTRIBUTIONS
9. The Secondary contribution (see para 1) is due at the same rate regardless of the
Subpostmaster's rate of contribution.
ARREARS OF REMUNERATION
10. Any adjustment to the remuneration paid in an earlier month, will be treated as part of the
total remuneration in the month in which the payment is made, regardless of the period to
which they were proper. This applies whether or not the additional payments are made
regularly.
11. Where arrears of remuneration are due to a former Subpostmaster national insurance
contributions will be calculated from the weekly contributions table published by DSS.
DEATH OF SUBPOSTMASTERS
12. Contributions are not payable on any remuneration that might be due to a Subpostmaster's
estate after his death.
SICKNESS BENEFIT
13. ‘NI contributions continyg to be payable when a Subpostmaster who is sick continues to
receive his scale payment. NI sickness /industrial injury benefits received are not assessable
for any NI contribution.
SUBPOSTMASTERS WITH MORE THAN ONE EMPLOYMENT
14. Primary Class I contributions are payable in respect of each job, including other Sub Office
appointments, for which earings exceed the lower earnings limit, unless a current form
RD950 has been received from DSS. Even where a form RD950 is held, it is essential to.
collect Secondary Class I contributions.
SUBPOSTMASTERS SUSPENDED FROM OFFICE AND THEIR SUBSEQUENT REINSTATEMENT
15. Any payment withheld during suspension and subsequently paid upon reinstatement
should be treated as part of the total remuneration in the earnings period in which it is paid
regardless of the periods to which it relates. The NI contribution rate current at the time of
payment should be applied.
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CHANGES IN NATIONAL INSURANCE STATUS
16. In the event of a change or impending change in national insurance status, a Subpostmaster
should consult his local DSS office as soon as possible.
17. The following.are regarded as changes in status:
(a) WOMEN:
Divorce 1
Annulment
Marriage
Widowhood
Re-marriage
In these circumstances the Subpostmaster must advise DSS and Post Office Counters
Ltd see para 7.
Retirement age Towards the beginning of the tax year in which a woman reaches
age 60 and again at the approach of the 60th birthday, a
Subpostmistress will be asked to consult DSS so that a certificate of
age exception may be issued if appropriate (see also para 8).
(b) MEN:
Retirement age At the approach of the 65th birthday the Subpostmaster will be asked
to consult DSS so that a certificate of age exception may be issued if necessary (see
also para 8).
DEFERMENT OF NORMAL RETIREMENT DATE
18. _Inall cases where a Subpostmaster seeks to enhance his retirement pension by a deferment
of NI retirement date (normally the 60th birthday for women, the 65th birthday for men) -
see DSS leaflet NI92 - or where he wishes to cancel his deferment, the Subpostmaster should.
be asked to consult his local DSS office so that the necessary arrangements can be made and
certificates of age exception obtained.
RESIGNATION/TERMINATION OF APPOINTMENT
19. Whena Subpostmaster resigns or has his contract terminated the Guaranteed Minimum
Pension will be preserved by DSS.
MARRIED WOMEN AND WIDOWS
20. There will be no Guaranteed Minimum Pension for a married woman or a widow who has
retained the right to pay the reduced rate of NI contribution.
CANCELLATION OF ELECTION TO PAY AT REDUCED RATE
21. When a married woman or widow revokes her election to pay NI contributions at the
reduced rate the Guaranteed Minimum Pension will accrue only on the contributions she
pays after revoking her election. -
END
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SECTION 5(M)
I STATUTORY SICK PAY SCHEME
INTRODUCTION
1. Under the terms of the Social Security and Housing Benefits Act 1982 which came into force
on 6 April 1983, employers are responsible for statutory sick pay arrangements in respect of
their employees. An employee is interpreted as including office holders who receive
emoluments chargeable to income tax under Schedule E. Subpostmasters come within this
category and consequently Post Office Counters Ltd is obliged to comply with the
conditions of the Act.
2. The use of the words ‘employee’ and ‘employer’ are used in the context of this particular
piece of legislation and do not in any way alter the Subpostmaster's status as an
independent contractor.
GENERAL
3. Under the terms of the Scheme most Subpostmasters will not get State sickness benefit for
their first twenty eight weeks of sickness in each tax year. Instead they will get statutory sick
pay, known as SSP, from Post Office Counters Ltd.
EXCLUSIONS
4. Subpostmasters will not get statutory sick pay if they come within one of the following
groups:
(a) Subpostmasters who have already had twenty eight weeks of SSP from Post Office
fi Counters Ltd ina tax year.
(b) Subpostmaster aged over 65 (over 60 for women).
i”
(c) I Subpostmasters who have received, and in some cases claimed sickness benefit,
invalidity benefit, maternity allowance or non-contributory invalidity pension 57 days
preceding the first day of the period of sickness.
(d) A Subpostmistress who goes sick during the time starting 11 weeks before the week in
which she is due to have a baby and ending six weeks after.
(e) I Subpostmasters who fall sick in a country outside the EEC.
(f) I Subpostmaster in legal custody.
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I QUALIFYING DAYS
5. Statutory sick pay can only be paid for qualifying days. Qualifying days for Subpostmasters
will be those days on which they are normally required to provide services as detailed in
Section I of this contract. Where Subpostmasters are required to give services for only part of
the day, that day will count in full for statutory sick pay purposes. For the majority of
Subpostmasters there will be six qualifying days in each week (Monday to Saturday). Ifa
Subpostmaster is in doubt about which days are regarded as qualifying days he should seek
I confirmation from his Regional Manager. ,
6. Tobe entitled to statutory sick pay a Subpostmaster must be:
I . (a) _ sick for four days ina row; and
“) sick for at least three qualifying days; (these are called ‘waiting days’). Any qualifying
I day during a Subpostmaster's period of sickness can count as a waiting day.
Additionally any qualifying days in a four-day period of sickness which occur within
two weeks of another period of sickness of 4 days or more is reckonable.
Ifa Subpostmaster becomes incapable of work part way through a day, that day cannot
"4 count as a qualifying day unless he has not commenced work on that day.
NOTIFICATION OF SICKNESS
7. ASubpostmaster or his representative must inform his Regional Manager by telephone of
his incapacity for work on or before his first working day of sickness irrespective of whether
he is entitled to statutory sick pay.
8. Those Subpostmasters, including those nominated by limited companies, who hold more
than one appointment, must notify the Regional Manager who collects National Insurance
: contributions.
9. Ifa Subpostmaster is late in giving notification of sickness, he should advise the Regional
Manager of the reason for the delay. If the Regional Manager is not satisfied with the reason
given for the delay, any period of sickness prior to the date of notification will not count for
the purposes of statutory sick pay. If a Subpostmaster is not satisfied with the Regional
Manager's decision on this matter he may apply to the Department of Social Security for a
ruling. If a Subpostmaster does not qualify for statutory sick pay, he will on notification of
r sickness be sent a form SSP1(E) by his Regional Manager.
EVIDENCE OF SICKNESS
10. Subpostmasters must provide Post Office Counters Ltd with evidence of incapacity for work
by means of either a doctor's medical certificate or by a self certificate if the incapacity is less
than eight days. A proforma to be used for self certification can be obtained from the
Regional Manager.
11. Subpostmasters must notify their Regional Manager when they cease to be sick.
END OF ENTITLEMENT TO STATUTORY SICK PAY
12. When a Subpostmaster has exhausted his entitlement to statutory sick pay he will be sent a
form SSPI(T), on which, if he is still sick, he can claim state sickness benefit from the ~
Department of Social Security.
RULES OF PAYMENT
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13. Inaccordance with the Act, Post Office Counters Ltd is obliged to abate any remuneration
. ‘ due by the appropriate amount of statutory sick pay. The effect of this will mean that for the
be first twenty eight weeks of sickness, remuneration will be paid in full and that statutory sick
t pay will be regarded as ‘notional’. Consequently although statutory sick pay will be
tegarded as ‘notional’ the total remuneration paid to the Subpostmaster will continue to
attract income tax and National Insurance contributions in full.
DUAL EMPLOYMENT
14. If aSubpostmaster who is sick is also employed either by the Post Office (e.g. as an
Auxiliary Postman) or another employer, and provided NI Contributions are paid
separately for each employment and all other conditions are met, he must claim statutory
sick pay in respect of both his Subpostmaster services and other employments.
OTHER INFORMATION
15. Other information about statutory sick pay can be obtained either from the Regional
Manager or from the local Department of Social Security offices.
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SECTION 6 (M)
ABSENCE FOR JURY SERVICE
1. ASubpostmaster who receives a summons to serve on a jury should notify his Regional
Manager immediately, and should inform him of the arrangements which he proposes to
make for the conduct of the work of the igubp-olfice in his absence.
2. Subpostmasters attending for jury service should claim from the court any allowances for
which they are eligible in respect of travelling and subsistence and, where appropriate,
compensation for loss of remuneration. If a Subpostmaster is in need of advice as to the
allowances to which he will be entitled, he should seek it from the official responsible for the
issue of the summons.
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SECTION 7 (M)
RESIGNATION AND RETIREMENT
RESIGNATION
1. ASubpostmaster who wishes to resign his appointment must give 3 calendar months’ notice
in writing. If he does not give such notice Post Office Counters Ltd may require him to pay
may expenses which it incurs in providing temporary arrangements to cater for the business
which would normally be expected to be transacted at the Sub- Office during any part of the
3 months notice period.
i RETIREMENT
i
i 2. As the Subpostmaster is appointed under a contract for services there is no normal retiring
i age
i,
q END
we
la
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sama
POST OFFICE COUNTERS LTD
SECTION 8 (M)
INJURY RESULTING FROM CRIMINAL ATTACK
REPORTS
1
If a Subpostmaster or one of his Assistants is ‘injured in an attempted robbery of Post Office
property a report should be made at once to the Regional General Manager however slight
these injuries may appear to be. In addition, in order that entitlement to National Insurance
(Industrial Injury) benefit may be preserved it is important that the DSS should be informed.
without delay.,
POST OFFICE COUNTERS LTD PERSONNEL CRIMINAL INJURY COMPENSATION SCHEME
2.
The scheme has application to Subpostmasters and their registered Sub-office Assistants and
reliefs and substitutes who sustain permanent physical injury during the theft /attempted
theft of Post Office property on the premises, in or out of normal business hours; or whilst
travelling to/from the bank on Post Office business.
For the purpose of the scheme, registered Sub-Office Assistants are those:-
(a) whose commencement of employment has been reported to the Regional General
Manager 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
(6) I whose employment as a temporary Assistant or Subpostmaster’s substitute has been
reported to the Regional Office on form P250.
‘Also covered is DISAPPEARANCE, if any of the categories of the people in (2) above is
missing as a result of criminal activity, and is presumed dead, a claim can be made subject
to:
(a) _ satisfactory evidence supporting the disappearance being supplied.
(b) _ there is no reason to believe otherwise and
(©) a period of 3 years has elapsed.
Any payment thus made will be refunded if subsequently the person concerned is found to
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;
(c) any pre-existing physical or mental defect or infirmity;
(a) war risks.
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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 POCL. POCL’s liability for a series
of claims in any insurance period for the same person, shall not exceed the maximum benefit
(£60,000).
5.1 Any benefits payable under Parts 2 and 3 of the Schedule of Benefits, will only be paid on
receipt of a DSS Medical Assessment, confirming permanent disablement Data to be
supplied to Post Office Group Treasury, Risk Management at the address shown in part 6.
Payment under Part 2 will not be 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.
53 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 fout weekly intervals, if requested.
Payments are subject to the provision of medical and any other relevant information as
requested by POCL.
55 Di arti ified in tI f benef
The percentage benefit will be in accordance with the DSS medical assessment.
CLAIMS PROCEDURE
6. Claims must be made by the injured person (or his personal representative) within 3 months
of the date of the incident(s) direct to the insurer, Post Office Counters’ Ltd Agent, (Group
Treasury) Chetwynd House, Chesterfield, $49 1PF. Claim forms are available from the
Regional General Manager.
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EVIDENCE
7. Allcertificates and information shall be sent to POCL’s agent (Group Treasury) as and when
requested. If a Second opinion is required, an appointment will be made at a time and date
mutually acceptable. the cost will be met by the scheme. The injured person will as often as
required, submit to medical examination in respect of any alleged bodily injury.
8. In the event of any dispute, POCL 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 Board, whose address is 4th Floor, Russell Square House, 10 Russell Square
LONDON WCIB 5EN. Details of scheme can be obtained from the Board, Office of the
Department of Social Security, Department of Employment and Productivity and Citizens
Advice Bureaux. Injuries which occur in Norther Ireland, the Channel Islands and the Isle
of Man are outside the scope of the government scheme.
(APPENDIX 1 FOLLOWS)
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sere,
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
4O
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£60,000
£60,000
expressed as a
percentage
of £60,000
100%
30-40%
20%
LEFT/RIGHT
60%
10%
14%
11%
9%
35%
30%
12%
30%
45%
50%
12%
7%
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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 disarticulatior!)
Partial loss of foot (medio-tarsal disarticulation)
Partial loss of foot) (tarso-metatarsal disarticulation)
Shortening of the lower limb by at least 5em
Shortening of the lower limb by at least 3 to Scm
Shortening of the lower limb by 1 to 3cem
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
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expressed asa
percentage
of £60,000
80%
70%
30%
20%
40%
40%
40%
20%
14%
14%
5%
3%
Benefit from other injuries will be paid according to DSS assessment all occurring within 24
months of bodily injury or incident giving rise to a claim.
Total disablement arising from criminal attack whilst collecting Post Office cash from the Bank,
entirely preventing the injured person from engaging in, or giving attention to his/her usual
occupation - £200 per week, for each full week (one week = 7 days).
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SECTION 9(M)
RESPONSIBILITY FOR POST OFFICE STOCK AND CASH
CREDIT STOCK STAMPS ETC,
1,
The Subpostmaster on taking up his appointment is supplied with Post Office stock, the
amount of which is fixed by the Regional General Manager.
CASH BALANCE
2.
The Subpostmaster is permitted to hold Post Office Counters Ltd cash normal to meet
payments at his sub-office after due allowance has been made for expected receipts and in
accordance with official accounting and security instructions.
The Subpostmaster is expressly forbidden to make use of the balance due to Post Office
Counters Ltd for any purpose other than the requirements of the Post Office service, and he
must, on no account apply to his own private use, for however short a period, any portion of
Post Office Counters Ltd funds entrusted to him. He must also be careful to keep the Post
Office money separate from any other monies. Misuse of Post Office Counters Ltd cash may
render the offender liable to prosecution and, or, the termination of this Contract of
Appointment.
ACCOUNTS
4.
The Subpostmaster must ensure that accounts of all stock and cash entrusted to him by Post
Office Counters are kept in the form prescribed by Post Office Counters Ltd. He must
immediately produce these accounts, and the whole of his sub-office cash and stock
inspection whenever so requested by a person duly authorised by the Regional General
Manager.
SECURITY OF CASH, STAMPS Efc.
5.
The Subpostmaster is held strictly responsible for the safe custody of cash, stock of all kinds
and other Post Office Counters Ltd property, papers and documents, whether held by
himself or by his Assistants, and should keep them in a place of security, especially at night.
The Subpostmaster is responsible for maintaining a standard of security sufficient to enable
him to meet the obligations laid on him by para 5 for the safe keeping of Post Office
Counters Ltd cash and stock placed in his care. If any circumstances arise which lead him to
doubt whether he can do so he should immediately consult the Regional General Manager.
In deciding the standard of security which it would be reasonable to require under para 6
Post Office Counters Ltd will have regard to (a) the circumstances in which the
Subpostmaster was appointed, and in particular the standard of security then accepted; (b)
the length of time since his appointment; and (c) any particular circumstances affecting the
sub-office which appear to be relevant.
All vouchers for payments e.g. Postal Orders, Allowance Dockets etc., should be placed in a
suitable receptacle (cardboard box or strong envelope), labelled "Paid Vouchers" and at the
close of business kept separately from cash and stock in another secure place, such as a
locked drawer or cupboard.
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9. The Subpostmaster must be careful to keep his stocks of all kinds in such manner that they
remain in good condition. The stocks must be protected against damp and dust:
LOSSES
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 agairlst the risk to fire.
12. The Subpostmaster is responsible for all losses caused through his own negligence,
carelessness or error, and also for losses of all kinds caused by his Assistants. Such losses
must be made good immediately.
13. The financial responsibility of the Subpostmaster does not cease when he relinquishes his
appointment, and he will be required to make good any losses incurred during his term of
office which may subsequently come to light.
GAINS:
14. All surplus may be written provided that any subsequent charge is made good immediately.
THEFT OR BURGLARY
15. Ifa theft or burglary is committed or attempted at a sub-office, whether or not official cash
or stock is stolen, the facts must be reported at once of the Police and to the Regional
General Manager by the person who first makes the discovery.
MISSING OR STOLEN STOCK
16. Ifa Subpostmaster considers that any stock items have been accidentally lost, or stolen he
should make a report, in accordance with Appendix 1, as quickly as possible to the Regional
General Manager.
RELIEF
17. COUNTER LOSSES A Subpostmaster may exceptionally not be required to make good the
full amount of certain losses at his office. If he feels entitled to relief in making good a loss
he should apply to the Regional General Manager.
18. THEFT OR BURGLARY The question of granting relief will depend upon whether the
Subpostmaster has taken reasonable precautions to safeguard the official cash and property.
19. FRAUD All cases of fraud or attempted fraud should be reported immediately to the
Regional General Manager
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ACCIDENTAL LOSS
If at any time any items of stock (including stock of no intrinsic value such as passports, and motor
vehicle licences) is found to be missing, steps must at once be taken to ascertain what has
happened to the missing items. The serial 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 by 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 number of the items in
question must be sent to the Regional General Manager.
STOLEN ITEMS
1. Ifasa result of burglary, break in, theft, or suspected theft, any items of stock are missing
the facts should be reported as quickly as possible to the Regional Manager.
2.. The further details which will be required and which should be obtained and submitted to
the Regional Manager at the earliest opportunity are as follows:-
(a) The denominations, total values and serial numbers of the missing or stolen items so
far as they are known, with serial numbers of any remaining stocks.
(b) A-statement as to whether the date stamp of the sub-office has been stolen or, if not,
whether there is reason to believe that it has been used upon the stolen items.
(c) I Aspecimen impression of the date stamp and, if it was stolen, particulars of the type
in it when stolen.
(d) A-statement of the circumstances which are thought to show that a theft has been
committed and of the supposed date, time and method of commission. It should
include, if possible, written reports from the person who last saw the missing items
and the person who first discovered the loss. The former should say when the items
were last seen, in what place and in what kind of receptacle (locked or unlocked) they
then were. The latter should state how and when the loss was discovered and
describe exactly thecondition of the place of the receptacle from which the items were
apparently taken.
(e) Particulars of any cheques, including service for which accepted.
END
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ASSISTANTS
GENERAL
-1. _ ASubpostmaster must provide, at his owrlexpense, any assistance which he may need to
carry out the work in his sub-office.
2. Assistants are employees of the Subpostmaster. A Subpostmaster will be held wholly
responsible for any failure, on the part of his Assistants, to apply Post Office rules, or to
‘provide a proper standard of service to the public. He will also be required to make good
any deficiency, of cash or stock which may result from his Assistants; actions.
ASSISTANTS’ CONDITIONS OF SERVICE
3. Wages, hours, holidays etc., are a matter to be settled between the Subpostmaster and the
Assistants concerned. The Subpostmaster must submit an annual return giving the rates of
payment and the hours worked of all assistants in his employ.
4. The Subpostmaster is responsible, as employer of his Assistants, for complying with the
provisions of any legislation which impose obligations on employers.
AGE
5. Asageneral guide no person under 16 years of age should be employed on Sub-Office
work, or have access to letter mails. Unless there is no reasonable alternative, the part-time
employment of an Assistant under 16 years of age should not be encouraged.
SUITABILITY OF APPLICANTS - REFERENCES
6. In the light of the Subpostmaster’s responsibilities, set out para 2 above, to avoid doubt he is
strongly recommended to satisfy himself of the character and suitability of an applicant for
employment as an Assistant before a firm offer of employment is made. Generally the
Subpostmaster should:
(a) _ obtain proof of the identity of an applicant, e.g. birth or marriage certificate, unless the
applicant is known personally;
(b) _ seek information from the application about any conviction or finding of guilt for any
offence in a Court of Law (including juvenile Court or Court Martial). In this
connection the Subpostmaster should be aware of the Rehabilitation of Offenders Act
1974 which restricts the information that need be given;
(c) enquire whether the applicant has ever been employed by the Post Office and/or
other Subpostmaster. If the former then details of such employment should be
entered on form P250 (see para 7) and a reference awaited from the Regional General
Manager. If previously employed at another Sub Post Office details should be given
on form P250 and a reference in respect of that employment sought from the
Subpostmaster concerned;
(d) obtain references from all previous employers or schools attended over the last 3 years
or from the last employer where the applicant has been employed during the whole of
that period.
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When seeking references the Subpostmaster is advised to enquire if the applicant had been
found to be completely trustworthy and ask the reason for his leaving that employment. In
some instances a Subpostmaster might have to employ a Assistant before the procedure
suggested above are completed. Bearing in mind the complexities of current employment
legislation a Subpostmaster in such a situation is recommended to offer initially only short
term employment pending receipt of satisfactory references etc.
The Subpostmaster must notify the Regional General Manager of his intention to employ a
new assistant on Post Office Counters Ltd work or when an assistant ceases to be employed
in the sub-office.
PERSONAL DECLARATION
9.
Before any person (including a member of the Subpostmaster's family) is allowed to have
access to letters or to perform, either temporarily or permanently, any Post Office work,
he/she must make a personal declaration on form P13 (see SECTION 12/ APPENDIX 2).
The declaration of the Subpostmaster's Assistants and any members of his family who
perform Post Office duties should signed in the Subpostmasters' presence in circumstances
which will help to fix the occasion and the declaration in the memory of the signatory. The
declaration should be made with proper deliberation and the Subpostmaster should stress
its importance and witness the signature. A signed and witnessed copy of the form should
be given to the signatory at the time and he should be advised to preserve it carefully.
Forms P13 can be obtained from the Regional General Manager as required and must be
return to him when signed.
SUB-OFFICE ASSISTANT ACCUSED OR SUSPECTED OF DISHONESTY ETC.
10.
11.
In cases where an Assistant is accused or suspected of dishonesty or any other offence such
a wilfully delaying postal packages, the Subpostmaster must report the particulars to the _
Regional Manager as soon as possible and await instructions. If the report is made by
telephone it must be confirmed in writing as a matter of urgency.
In cases where a persori‘émployed by the Subpostmaster has been guilty of
misappropriating Post Office Counters Ltd money, any such which may be tendered by, or
on behalf of, the offender may be accepted but a receipt must be given showing that the
money is held pending possible investigation and without prejudice to any action that Post
Office Counters Ltd may be advised to take. The Subpostmaster should be careful not to
take any action which may be liable to prejudice the question of legal proceedings. A copy
of any receipt must be kept for reference.
UNSUITABLE PERSONS
12.
13.
Order to help prevent the employment of unsuitable dishonest persons on Post Office work,
a Subpostmaster shall notify the Regional Manager if he dismisses an employee on these
grounds, or if his enquiries about an application for employment give him reason to believe
that the applicant is an unsuitable person. Brief particulars of the evidence should be
forwarded to the Regional Manager who will decide what steps should be taken to prevent
the application employment elsewhere in the Post Office or at another sub-office.
Where Post Office Counters Ltd has good reason to believe that it would not be in its best
interests for a particular person to have access to Post Office Counters Ltd and stock as a
Sub-Office Assistant it may call upon the Subpostmaster to:-
(a) _ refrain from offering that person a post if not already employed;
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(b) ensure that that person is not further employed on Post Office business if employed.
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‘SECTION 11 (M)
QUALITY
GENERAL
1. The Subpostmaster will comply with all aspects of Post Office Counters Ltd quality
improved programmes and will ensure that his office operates to quality standards set from
time to time by Post Office Counters Ltd.
WAITING TIME
2. The Subpostmaster must make every endeavour to ensure that all customers start to be
served or within five minutes of the time when they join a queue to be served or within
such other time which shall, from time to time be prescribed. The normal standard is that
customers should expect to be served with this maximum time limit. The Subpostmaster
will in accordance with procedures advised by POCL, regularly monitor the waiting time
that customers experience in his office and will make all necessary adjustments to his
staffing patterns. Persistent failure to meet the standards of service will be regarded as a
breach of contract. Any failure by Post Office Counters Ltd to exercise this power should
not be regarded as a waiving of its rights under the terms of this contract.
TRANSACTIONS
3. I The Subpostmaster 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. Where under the terms of its contracts
with its clients Post Office Counters Ltd incurs financial penalties as a result of the
Subpostmaster's failure in this regard. Post Office Counters Ltd will pass on this additional
cost to the Subpostmaster. However, the Subpostmaster will not normally be charged for
any penalties that result from errors made during the first three months of his appointment.
During the second three-months 50% of any penalty will-be passed on to the Subpostmaster.
The only exception is the loss of un-issued Motor Vehicle Licences where the full amount of
any loss must be met regardless of when the loss occurs. All penalties resulting from errors
made after the first six months will be passed on in full. Failure to properly complete
accounting and traffic information documents may lead to the exclusion in whole or in part
of business transacted for the purposes of determining payment.
4. The Subpostmaster will ensure that customers are treated fairly, courteously and helpfully.
Persistent failure to meet the high standard of service demanded by Post Office Counters
Ltd could result in termination of contract.
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DIVULGENCE OF OFFICIAL INFORMATION
-1,_ The unauthorised disclosure, or use directly or indirectly, of any information or document
which has come to the knowledge of a Subpostmaster or Sub-Office Assistant through the
work of his Sub-Office is forbidden. Any such disclosure may render the offender liable to
prosecution under Post Office legislation or the Official Secrets Acts (see para 3).
2. Subpostmasters and their employees must not disclose any information regarding postal
packets passing through the post except to the person(s) to whom such packets are
addressed; nor may they make known information that may come to them officially
concerning the character, standing, or responsibility of individuals or firms, or the private
affairs of any person.
PERSONAL DECLARATIONS
3. (a) All Subpostmasters on taking up appointment and newly recruited Sub-Office
Assistants are required to sign a Personal Declaration (form P13) which reminds them
of the duty of the Post Office to ensure that all communications and items entrusted to
it reach the people for whom they are intended promptly and safely, and that the
information in them reaches no one not entitled to it. The Personal Declaration also
brings to the notice of newly appointed Subpostmasters and Sub-Office Assistants on
taking up employment their obligations under the Official Secrets Acts and various
Post Office and Telegraph Acts. Extracts from these Acts are reproduced at
Appendices 1 and 3. A copy of form P13 is at Appendix 2.
(b) A Subpostmaster on termination of his appointment is required to sign a Declaration
(P301) as a reminder that the provisions of the Official Secrets Acts continue to apply
to him after he has left in respect of all the information which he has acquired or to
which he has had access by virtue of his appointed position as Subpostmaster. A copy
of form P301 is at Appendix 3.
(c) I Subpostmasters and Sub-Office Assistants are given a copy of their P13 and
Subpostmasters, on termination of their appointment, additionally of form P301 for
retention as a reminder of their importance and of the message they contain. The duty
not to disclose information is imposed by the relevant Acts, not by the Personal
Declarations. Consequently no Subpostmaster or Sub-Office Assistant can avoid these
legal obligations by refusing to sign form P13 (also for Subpostmasters form P301) or
attempting to revoke or disclaim his signature on the form(s).
4. Any request made by the Police, or any other authority or by a private person for
information which may be confidential, or may concern matters connected with the duties
of another Subpostmaster or a Post Office employee, or with regard to the address of a
person who resides, or has resided, in the neighbourhood should be referred immediately to
the Regional Manager.
Subpostmasters must ensure, when communicating with the press or offering comment
which may be broadcast on radio or television, that their comments do not go beyond the
accepted bounds of propriety and are not likely to cause embarrassment or to mislead the
public. The Regional Manager should be asked to advise in cases of doubt.
CONTACT WITH THE PUBLIC NEWS MEDIA
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5. The Post Office has a duty to safeguard its own interests and those of its employees and
Sub-Office personnel in relation to material which is published in the news media. The
Public Relations Department of the Post Office is primarily responsible for deciding whether
the Post Office should enter into public correspondence and for ensuring fair and accurate
presentation of facts about the Post Office and its services; comment by other persons is
undesirable and in particular, untrue, ill-informed or reckless comment will not be allowed
to go unchallenged. While recognising the right of any individual to comment publicly on
matters of general interest, therefore, the Post Office expects Subpostmasters and their
employees who wish to comment upon matters affecting the Post Office, to exercise this
right in a responsible manner.
6. A Subpostmaster wishing to communicate with the public news media should be guided by
the following:
(a) _ there must be no unauthorised disclosure of official information (see para 1);
(b) views and opinions expressed publicly must not bring the Post Office or its employees
or any other Subpostmaster into disrepute;
(c) a Subpostmaster offering unauthorised public comment must make it clear that he is
commenting in his private capacity and not on behalf of the Post Office.
7. Particular care is necessary when offering spontaneous comment to press or broadcasting
reporters or interviewees.
PUBLICATION OF OFFICIAL INFORMATION
8. I NoSubpostmaster may, without the Regional General Manger's permission, use
information derived from official records or experience for the purpose of publishing any
document, book, play or article, broadcasting on radio or television, producing or exhibiting
a film or photographs, giving a talk or lecture or taking part in a public discussion.
CORRESPONDENCE WITH THE PUBLIC
9. A Subpostmaster should‘fiot, without the permission of the Regional General Manager,
write to or interview members of the public on Post Office matters other than for the
purpose of correcting an error committed at his own Sub-Office.
OFFICIAL DOCUMENTS AND LEGAL PROCEEDINGS
10. NoSubpostmaster may, without permission, make an official document or a letter from the
public, or any other document which may come into his hands officially, the subject of legal
proceedings.
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USE OF OFFICIAL INFORMATION OR POSITION FOR PRIVATE PURPOSES
11. No Subpostmaster may use his position to further his private interests, or act in any way
which might give rise to the suspicion that he has used, for private purposes, information
available to him in his capacity as Subpostmaster.
BREACHES TO BE REPORTED
12. ASubpostmaster must report to the Regional General Manager any case in which there
appears to‘have been a breach of the above tules by anyone employed by him on Post Office
duties at the sub-office.
(APPENDICES 1-3 FOLLOW)
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SUMMARY OF EXTRACTS FROM ACTS OF PARLIAMENT
POST OFFICE ACT, 1953
(SECTION 57) AS AMENDED;
1.
IN ENGLAND, WALES AND NORTHERN IRELAND If any person engaged in the
business of the Post Office secretes a postal packet in course of transmission by post, he shall
be guilty of a misdemeanour and be liable to imprisonment for a term not exceeding seven
years.
(The offences of theft or destruction of a postal packet are covered by the Theft Act, 1968 or
the Criminal Damage Act, 1971. Persons convicted on indictment for such offences are liable
under the relevant sections of those Acts to imprisonment for a term not exceeding ten years
or in some cases for life’). .
IN SCOTLAND If any person engaged in the business of the Post Office steals, or for any
purpose whatever embezzles or secretes a postal packet in course of transmission by post,
he shall be guilty of a misdemeanour and be liable to imprisonment for a term not exceeding
seven years.
(SECTION 58(1)
3.
Ifany person engaged in the business of the Post Office, contrary to his duty, opens, or
procures or suffers to be opened, any postal packet in course of transmission by post, or
wilfully detains or delays, or procures or suffers to be detained or delayed, any such postal
packet, he shall be guilty of a misdemeanour, and be liable to imprisonment for a term not
exceeding two years or to a fine, or to both.
(SECTION 59)
4.
Ifany person employed to convey or deliver a mail bag, or a postal packet in course of
transmission by post, or to perform any other duty in respect of a mail bag or such a postal
packet: =
without authority whilst so employed, or, whilst the mail bag or postal packet is in his
custody or possession, leaves it, or suffers any person, not being the person in charge
thereof, to ride in the place appointed for the person in charge thereof in or upon any
vehicle used for the conveyance thereof or to ride in or upon a vehicle so used and not
licensed to carry passengers, or upon a horse used for the conveyance on horseback thereof;
is guilty of any act of drunkenness whilst so employed;
is guilty of carelessness, negligence or other misconduct whereby the safety of the mail bag
or postal packet is endangered;
without authority collects, receives, conveys or delivers a postal packet otherwise than in the
ordinary course of post;
gives any false information of an assault or attempt at robbery upon him; or
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10. _ Loiters on the road or passage, or wilfully misspends his time so as to retard the progress or
delay the arrival of a mail bag or postal packet in the course of transmission by post, or does
not use due care and diligence safely to convey a mail bag or postal packet at the due rate of
speed;
he shall be liable on summary conviction to a fine not exceeding fifty pounds (twenty
pounds in Northern Ireland).
(SECTION 87)
11. "Postal packet" means a letter, postcard, reply postcard, newspaper, printed packet, sample
packet, or parcel, and every packet or article transmissible by post, and includes a telegram.
(APPENDICES 2 AND 3 FOLLOW)
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To be made by all persons on entering employment in the Post Office.
DUTY OF THE POST OFFICE
The first duty of the Post Office is to ensure that letters, parcels, telegrams, telephone messages
and all other communications or items entrusted to it reach the people for whom they are
intended promptly and safely, and that the information in them reaches no one not entitled to it.
To help the Post Office to render this essential service to the community, the Law makes certain
provisions of which the more important are stated overleaf. It is important for you to know and
understand those provisions, not only for your own sake, but also in order that you should not,
through any fault or omission on your part, enable or tempt others to break them.
NON-DISCLOSURE OF OFFICIAL INFORMATION
Its illegal to disclose official information without authority. A person engaged in Post Office
work must not disclose any information which he obtains as a result of that work, unless he has
written permission to do so.
YOU SHOULD READ CAREFULLY THIS STATEMENT AND THE ONE OVERLEAF AND
THEN SIGN YOUR NAME TO THE DECLARATION BELOW.
I HAVE READ AND FULLY UNDERSTAND THE STATEMENTS ABOVE AND OVERLEAF
AND HAVE RECEIVED A COPY TO RETAIN
Signature
In the presence of
Signature
Rank
NOTE:
The person signing this form should sign with his ordinary signature in the presence of a
Supervising Officer. The Subpostmaster should witness the signature of persons employed
at a Scale Payment Sub-Office.
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SAFETY OF POSTAL PACKETS
It is an offence to STEAL, SECRETE or DESTROY a letter, parcel or any other postal packet in
course of transmission by post, and heavy penalties, including terms of imprisonment are
provided for such offences. .
Ttis also an offence to OPEN or DELAY (without proper authority) a letter, parcel or any other
postal packet in course of transmission by post, and penalties of fine or imprisonment are
provided for such offences.
: ‘
CARELESSNESS, NEGLIGENCE or other misconduct which endangers the safety of a mailbag or
postal packet is likewise a punishable offence.
TELEGRAMS TELEPHONE MESSAGES
It is an offence, which may be punishable by a heavy fine, to prevent or delay, by any wilful or
negligent act, the transmission or delivery of any telegraphic or telephone message; and a person
who divulges the contents of such a message, contrary to his duties, is liable to imprisonment.
SECRECY
Under the Official Secrets Acts, 1911 and 1920, it is an offence, among other things, for any person
to disclose, otherwise than to an authorised person or in the course of his duty, any matter or
information which he has obtained or to which he has access owing to his official position. This
covers disclosure in any form, whether oral or in writing, including publication in a speech,
lecture, radio or television broadcast, or in the Press or in book form or otherwise of any
information acquired as a result of a person's official appointment unless he has previously
obtained the official sanction of the Post Office. It is also an offence to retain official documents
without authority.
When a person transfers from one post to another, he must surrender all documents connected
with the post he is leaving, except those issued to him for his personal retention. When he leaves
the Post Office alll official documents must be given up, with the exception of those which he has
been authorised to retain.
All the above conditions apply to all persons with access to any official information, not only
while the access continues, but also after it ceases, e.g. by termination of employment.
(APPENDIX 3 FOLLOWS)
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OFFICIAL SECRETS ACTS
DECLARATION (P301)
DECLARATION TO BE SIGNED BY ALL PERSONS CEASING TO BE EMPLOYED ON POST
OFFICE WORK, ALSO BY OTHER PERSONS ON CEASING TO HAVE ACCESS TO SECRET
INFORMATION.
My attention has been drawn to the provisions of the Official Secrets Acts which are set out on the
back of this document, and I am fully aware that serious consequences may follow any breach of
those provisions.
Tunderstand
(i) that the provisions of the Official Secrets Acts apply to me after my appointment has
ceased;
(2) that all the information which I have acquired or to which I have had access owing to my
official position is information which is covered by Section 2 of the Official Secrets Act, 1911,
as amended, and the Official Secrets Acts apply to all such information which has not
already officially been made public.
(3) that the sections of the Official Secrets Acts set out on the back of this document cover
material published in a speech, lecture, radio or television broadcast or in the Press or in
book form or otherwise and that I am liable to be prosecuted if either in the United
Kingdom or abroad I communicate, either orally or in writing, including publication in a
speech, lecture, radio or television broadcast or in the Press or in book form or otherwise, to
any unauthorised person any information acquired by me as a result of my appointment
(save such as has already officially been made public) unless I have previously obtained the
official sanction in writing of the Post Office;
(4) _ that to obtain such sanction, two copies of the mariuscript of any article, book, play, film,
speech or broadcast, intended for publication, which contains information which I have
acquired or to which I have had access owing to my official position, or of any material
otherwise to be publisheg, which contains such information should be submitted to the Post
Office.
Thereby declare that I have surrendered any sketch, plan, model, article, note or document
(whether or not classified) made or acquired by me during the tenure of my appointment save
such as I have written Post Office authority to retain.
Permanent home address ....
Official address .
Signed in the presence of ....
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EXTRACTS FROM THE OFFICIAL SECRETS ACTS, 1911 and 1920
SECTION 2 OF THE OFFICIAL SECRETS ACT, 1911, AS AMENDED BY THE OFFICIAL SECRETS
ACT, 1920 PROVIDE AS FOLLOWS:
"2(1)_ Ifany person having in his possession or control, any secret official code word or pass
word, or any sketch, plan, model, article, note, document, or information which relates to or
is used in a prohibited place or anything in such a place, or to which has been made or
obtained in contravention of this Act, or has been entrusted in confidence to him by
any persort holding office under Her Majesty, (see note) or which he has obtained or to
which he has had access, owing to his position as a person who holds or has held office
under Her Majesty, or as a person who holds or has held a contract made on behalf of Her
Majesty, or as a person who is or has been employed under a person who holds or has held
such an office or contract:
(a) communicates the code word, pass word, sketch, plan, model, article, note, document,
or information to any person, other than a person whom he is authorised to
communicate it or a person to whom it is in the interests of the State his duty to
communicate it, or
(aa) uses the information in his possession for the benefit of any foreign power or in any
other manner prejudicial to the safety or interests of the State;
(b) _ retains the sketch, plan, model, article, note, or document in his possession or control
when he has no right to retain it or when it is contrary to his duty to retain it or fails to
comply with all directions issued by lawful authority with regard to the return or
disposal thereof; or
(c) _ fails to take reasonable care of, or so conducts himself as to endanger the safety of the
sketch, plan, model, article, note, document, secret official code or pass word or
information;
that person shall be guilty of a misdemeanour.
(1A) If any person having in his possession or control any sketch, plan, model, article, note,
document, or information which relates to munitions of war, communicates it directly
or indirectly to any foreign power, or in any other manner prejudicial to the safety or
interests of the State, that person shall be guilty of a misdemeanour.
(2) If any person receives any secret official code word, or pass word, or sketch, plan,
model, article, note, document, or information, knowing, or having reasonable ground
to believe, at the time when he receives it, that the code word, pass word, sketch, plan,
model, article, note, document, or information is communicated to him in
contravention of this act, he shall be guilty of a misdemeanour unless he proves that
the communication to him of the code word, password, sketch, plan, model, note,
document or information was contrary to his desire.”
(NOTE: Membership of, or any office or employment under, the Post Office shall be deemed
to be an office under Her Majesty and any contract with the Post Office shall be deemed to
bea contract with the Post Office: Post Office Act 1969, Schedule 4 para 21).
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SECTION 1 (2) OF THE OFFICIAL SECRETS ACT, 1920, PROVIDES AS FOLLOWS:
"(2) Ifany person
{a) _ retains for any purpose prejudicial to the safety or interests of the State any official
document, whether or not completed or issued for use, when he has no right to retain
it, or when it is contrary to his duty to retain it, or fails to comply with any directions
issued by any Government Department of any person authorised by such department
with regard to the retum or disposal thereof; or
(b) allows:any other person to have possession of any official document issued for his use
alone, or communicates any secret official code word or pass word so issued, or,
without lawful authority or excuse, has in his possession any official document or
secret official code word or pass word issued for the use of some person other than
himself, or on obtaining possession of any official document by finding or otherwise,
neglects or fails to restore it to the person or authority by whom or for whose use it
was issued, or to police constable; or
(©) without lawful authority or excuse, manufactures or sells, or has in his possession for
sale any such die, seal or stamp as aforesaid;
he shall be guilty of a misdemeanour.”
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“PRIVATE BUSINESS ACTIVITIES”
i. The appoirftment of a Subpostmaster confers on the individual concerned the right to
transact, and to receive payment for, certain items of business on behalf of Post Office
Counters Ltd at the premises specified. The conditions of the appointment also involve such
restrictions on the private business activities of the Subpostmaster as are necessary to ensure
the continued viability of Post Office Counters nationwide network.
2. Iti, therefore, in the interests of all Subpostmaster that Post Office Counters Ltd should be
able to seek, negotiate and manage retail business in the market place without the risk that it
will find any Subpostmaster competing against it for the same business, and accordingly a
Subpostmaster must not undertake in a private capacity any business, or allow anyone else
to undertake, on the premises in which a sub-office is situated business of the kind which
Post Office Counters Ltd requires him to provide for itself or its clients.
3. The current restrictions on private business activities on the premises in which the sub-post
office is situated are as follows:
i. collection of payments, or sale of prepayment meter tokens on behalf of any public
utility -water, gas, telephone or electricity company;
ii. collection of payment, on behalf of cable or satellite television companies, collection of
revenue whether by sale of stamps or other means on behalf of local authorities.
iii. sale of “unbooked" travel tickets or passes on behalf of any transport company or local
authority;
iv. _ sale of National Lottery tickets, or similar nationally available lottery products, unless
POCL is unable to secure this business because of legal constraints;
v. commercial change giving service;
vi. _ phonecard sales on behalf of BT, Mercury or any future phonecard operator with
whom POCL obtains or seeks to obtain a contract for the sale of such cards;
vii. _ business connected with the provision of services relating to the conveyance of letters,
parcels and other postal packets ("‘collectively called Postal Packets" in this paragraph)
including without prejudice to the generality of the foregoing the sale of stamps, the
acceptance of Postal Packets for conveyance and delivery and the acceptance of
payment for services relating to the collection, conveyance and delivery of Postal
Packets.
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viii provision of private box and poste restante facilities.
ix. business which is connected with the acceptance or delivery of parcels;
x collection/delivery or return of undeliverable packets and parcels;
xi Banking, Building, Provident or Friendly Society business.
The above categories of business constitute the current restrictions but Post Office Counters
Ltd reserves the right to review these restrictions in the light of changing Business
requirements, varying them if necessary. All Subpostmasters will be informed of any such
changes.
If an opportunity for new business occurs to a Subpostmaster, or if a Subpostmaster receives
any communication froma third party which amounts, or may amount, to an offer to the
Subpostmaster to undertake the work, which may come within the current restrictions
specified in paragraph 3 above the Subpostmaster should not accept such work. Instead he
should, at once, inform Post Office Counters Ltd of the circumstances and seek advice as to
whether the work concerned falls within the restrictions described above.
BETTING AND GAMBLING
6.
7.
A Subpostmaster or Sub Office Assistant should not:
a. bet or gamble by means of post (betting by private telephone off the Post Office part of
the premises is permissible);
b. __ take part in racing etc. pool or competitions or betting at "fixed odds" on football
matches (there is no objection to participation in ordinary football pool competition).
A Subpostmaster should not on the premises in which the sub-office is situated:
a. allow or provide for gambling;
b. conduct any business with a turf commission agency or a football or turf pool agency.
Notwithstanding the conditions of Paragraphs 3 (iv), 6 and 7 above, a Subpostmaster or Sub
Office Assistant may in a private capacity take part in or act as a promoter of such local
lotteries as are permitted under the Lotteries and Amusements Act 1976 (Northern Ireland
in part III of the Betting and Lotteries Act (Northern Ireland) 1957. The onus of ensuring that
the law is complied with rests with the person concerned in the promotion and conducting
of the lottery and the sale of tickets. Tickets for such lotteries must not be sold over the *
sub-office counter nor must the Post Office be used in any way for advertising purposes, e.g.
in giving addresses at which tickets are available, nor must advertisements include the
words Post Office, Sub-Post Office or Subpostmaster.
LICENSED PREMISES
9.
A sub-office may not be situated in premises for which an ‘on’ licence allowing for the sale
of drinks, other than in a restaurant, has been granted, unless the premises have been clearly
divided so that Post Office customers do not need to go through the licensed premises.
There is no objection to the Subpostmaster holding an ‘off licence provided the liquor is sold
in closed vessels.
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POLITICAL ACTIVITIES
10 A Subpostmaster is free to take part in any national and local political activities subject to
a. he must not engage in or allow his assistants to engage in political activities whilst
engaged on Post Office business or on the sub-office premises;
b. he must not exhibit any notice soliciting votes for any particular candidate or with a
party or political object either in the sup-office or on any vehicle under the control of
the Pést Office; and no leaflet or address with a party or political object may lie or be
exhibited within the sub-office.
11. A Subpostmaster who intends to stand for Parliament must notify the Regional General
Manager accordingly at the earliest opportunity. He must cease to have connection with the
running of the sub-office from the day he is nominated when the office will be placed "in
charge”. On receipt of the notification the Regional General Manager will inform him of
arrangements whereby he may name a deputy to act as Subpostmaster should he be elected.
If he is elected he will be able to resume office when he ceases to be a Member of Parliament,
provided he has complied with the arrangements for naming a deputy and the sub-office
has not been closed through normal changes during his absence; should he fail to comply
with these arrangements he will be regarded as having resigned on the day he is elected. If
he is not elected he may resume office after the election result has been declared. A
Subpostmaster who is elected retains the right to resume office after he ceases to be a
member of Parliament, provided the break in his service does not exceed 5 years.
USE OF THE NAME “POST OFFICE”
12. A Subpostmaster must not use the name "Post Office” in connection with any of his private
business activities or in such a way as to imply that the Post Office is in any way connected
with these activities.
CANVASSING
13. A Subpostmaster must not canvass persons, firms or companies who reside or carry on
business at a place nearer to another post office, to transact Post Office business at his
sub-office. Nor must he deliver items of Post Office business to customers’ premises.
EMPLOYMENT IN THE POST OFFICE OR THE CIVIL SERVICE
14. A Subpostmaster or a Sub-Office Assistant may not be employed in the Post Office if his
duties would bring him into contact with the work of the Sub-Office
BORROWING AND LENDING MONEY
15. A Subpostmaster must not borrow from or lend money to any Post Office employee. Nor
should he become security for any Post Office employee in raising a loan. The loaning of
money to persons drawing pensions or allowances on the security of their order books is
also strictly forbidden.
USE OF POST OFFICE EMPLOYEES IN PRIVATE BUSINESS
16 A Subpostmaster must not engage Post Office employees to undertake any work
whatsoever connected with the Subpostmaster’s private business at anytime when they are
employed in Post Office duties.
END
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SECTION 14 (M)
NON-OBSERVANCE OF RULES: APPEALS PROCEDURES
ALLEGATIONS OF NON-COMPLIANCE OR NON-OBSERVANCE OF RULES
1
Except in cases in which civil or criminal proceedings are contemplated and without
prejudice to any subsequent proceedings, the Subpostmaster will be afforded an
opportunity of giving a written explanation of any allegation of non-compliance or
non-observance of the rules which may have been made against him.
The Subpostmaster may at the discretion of the Regional General Manager, if the
Subpostmaster wishes to do so, discuss the allegations with the Regional General Manager
and may be accompanied by a friend while doing so.
Repeated breaches of the rules, even if minor in themselves, may lead to the determination
of the contract, and a record will be kept by the Retail Network Manager of any written
warnings issued to the Subpostmaster.
REPRESENTATIONS ON POST OFFICE MATTERS
4.
ASubpostmaster should address to the Regional Office any representation he may wish to
make having reference to his duties, pay or any other Post Office matter.
APPEALS
5.
If the Subpostmaster is dissatisfied with the result of his representation he may appeal to the
Regional Manager whose decision shall be final except in the case of an appeal about
remuneration (see para 15 of Section 2).
APPROACHES TO PERSONS OUTSIDE THE POST OFFICE
“~
6.
Until the Subpostmaster has exercised his final right of appeal, he should not ask persons
outside the Post Office to take up the case on his behalf although this does not prevent a
Subpostmaster from obtaining advice from an outside person. The Subpostmaster should
not detain Post Office papers or allow them out of his custody for the purpose of such
consultation without the permission of the Regional Manager.
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SECTION 15 (M)
OFFENCES: SUSPENSION: ENQUIRIES BY OFFICERS OF THE INVESTIGATION DIVISION.
Dishonesty is viewed most seriously and any Subpostmaster or Sub-Office Assistant guilty
of, or taking part in an act of dishonesty against Post Office Counters Ltd may be
prosecuted. Furthermore, any Subpostmaster so involved renders himself liable to summary
termination of his contract and, in the case of an Assistant, Post Office Counters Ltd may
recommend to the Subpostmaster that. the assistant should no longer remain in his employ
on Post Office Counters business.
ARRESTS AND CONVICTIONS
2.
A Subpostmaster must report to his Retail Network Manager if he is arrested and refused
bail, or if he is convicted by a Court of any criminal offence (except a traffic offence for
which the penalty has not included imprisonment).
IMMORALITY AND OTHER MATTERS OF PERSONAL CONDUCT
3.
It is the aim and practice of Post Office Counters Ltd to maintain, to the maximum extent
compatible with needs of the public service, an attitude of non-interference in the private
lives of Subpostmasters. However, where facts come to light calculated to cause public
scandal or grave embarrassment to the Post Office in connection with a Subpostmaster's
private conduct, the question of his fitness for retention in office may have to be considered.
SUSPENSION FROM OFFICE
4,
‘A Subpostmaster may be suspended from office at anytime if that course is considered
desirable in the interest of Post Office Counters Ltd in consequence of his being arrested, or
having civil or criminal proceedings brought or made against him, or where irregularities or
misconduct at the office(s) where he holds appointment(s) have been established to the
satisfaction of Post Office Counters Ltd, or admitted, or are suspected and are being
investigated. In such cases the Retail Network Manager may require the Subpostmaster to
make his premises available at a mutually agreed rate of payment, for the continued
provision of Post Office services.
Where a Subpostmaster is suspended his remuneration in respect of any period of
suspension will be withheld so long as such suspension continues.
On the termination of the period of suspension whether by termination of contract or
reinstatement, the Subpostmaster's remuneration in respect of that period may, after
consideration of the whole of the circumstances of the case, be forfeited wholly or in part. If
remuneration is paid it will be less any rent or other expenses which may have been paid to
him in respect of the continued use of his premises for Post Office purposes during the
period of suspension.
CRIMINAL CONDUCT: REPORTING
7. IfaSubpostmaster has knowledge or suspicion of dishonesty or other criminal conduct
affecting the Post Office on the part of any person including a Sub-Office Assistant or a Post
Office employee he must, if there is any apparent need for immediate action, at once tell the
Retail Network Manager confidentially of his knowledge or suspicion.
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8. Ifany person should try to induce a Subpostmaster or a member of his staff to act contrary
to the rules (if, for example, he should be asked to datestamp covers irregularly with a view
to either himself or the offender afterwards enclosing therein betting slips or other ~
communications relating to the result of some race, game or sport) he should, while
avoiding compliance (save in the case described in para 9), also avoid putting that
upon his guard by definite refusal. The Subpostmaster should as soon as possible tell the
Retail Network Manager what has happened giving a full report and description of the
person so that an immediate report can be made to POID and instruction sought.
9. ASubpostmaster or Sub-Office Assistant who is asked irregularly to put in course of post
for despatch or delivery from his own office a cover already date-stamped, addressed to a
betting agent, and presumably already containing a betting slip or other communication
respecting the result of some race, game or sport, should accept it and with it any bribe
offered for compliance. He should at once initial the cover and hand it and the bribe to the
Retail Network Manager, to whom he should report as provided in the last sentence of para
8.
THEFTS BY STRANGERS
10. I ASubpostmaster or Sub-Office Assistant who sees a theft of Post Office property
committed by a stranger should inform the Police of the facts and then report the matter to
his Retail Network Manager as soon as possible.
FAILURE TO REPORT DISHONESTY
11. Inline with any employee of the Post Office a Subpostmaster or Sub-Office Assistant is
expected to report immediately any suspicion of dishonesty or criminal intent which may in
any way affect the Post Office, whether the likely offender be connected with the Post Office
ornot. They are similarly enjoined to render alll possible assistance to officers of the
Investigation Division (see below).
ENQUIRIES BY OFFICERS OF THE INVESTIGATION DIVISION
12. The main job of the Investigation Division is to investigate, or to help the Police to
investigate, criminal offences against the Post Office, British Telecommunications and the
Department for National Savings. The Investigation Division does NOT enquire into matters
where crime is not suspected.
13 Most of the crimes dealt with by the Investigation Division are committed by outsiders. It
follows that a common reason for Investigation Division officers seeking interviews with
‘ persons engaged on Post Office business is to get help in clearing up such offences. Usually
the help takes the form of a witness statement that provides evidence about a particular act
or acts that the witness has carried out in the course of his or her duty.
14 Although they comprise the minority of all Investigation Division crime investigations,
there are many cases where the possibility (or every direct suspicion) arises that persons
employed on Post Office business may be involved. Officers of the Investigation Division
conduct interviews about these suspected offences and they are required to observe the
same code of conduct when obtaining evidence as that laid down for police officers. This
provides for an officer investigating a criminal offence to question any person, whether
suspected or not, from whom he thinks that useful information may be obtained. As soon as
the Investigation Division officer has evidence which would afford reasonable grounds for
suspecting that a person 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 he
says may be put into writing and given in evidence.
FRIENDS AT INVESTIGATION DIVISION INTERVIEWS
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16.
17.
18.
19.
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Atall interviews between ID officers and a Subpostmaster or Sub-Office Assistant, the
interviewing officer will first introduce himself, explain the nature of the enquiry. then ask
the people the to interviewed if he wished to have a friend present. The introduction and
explanation are necessary first steps so that the person to be interviewed knows what is
involved when he makes his free Personal choice whether or not 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 enquiry. The friend must be a Subpostmaster, Sub-
Office Assistant or Post Office employee. To avoid unreasonable delay and to ensure that
interviews will not commence until a friend, if requested, is present, the person being
interviewed will be asked to nominate alternative friends if the one first (or subsequently)
chosen is not available or may be involved in the enquiry.
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 is not questioned as a
‘suspected person at the outset (i.e. not under caution), but fresh evidence emerges during
the interview which gives reasonable grounds for suspicion, the Investigation Division
officer will make this clear and explain that he proposes to continue his questions after
caition. 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 the questions and answers. He'must not interrupt in
any way, either by word or signal; if he does interrupt he will be required to leave at once
and the interview will proceed without him. Whatever is said at the interview is to be
treated as in strictest confidence. The friend may take notes of the interview but he must
keep the notes in the strictest confidence. The only communication the friend is entitled to
make on behalf of the person who has been questioned will be in the form of a written "in
strictest confidence" statement which may be submitted by the latter, in support of any
official appeal which the person questioned may desire to make in connection with the
methods followed at the enquiry. No other communication about the interview is allowed
(unless made by permission of the Post Office) as it might constitute a breach of the Official
Secrets Acts.
SEARCHES
20.
21.
Ifa person agrees to his property or house being searched by ID staff the ID officer will ask,
before the search is carried out, if he wishes to have a friend present.
1D officers have no authority to search a Subpostmaster or Sub-Office Assistant or their
homes unless they have first obtained the agreement of the person concerned or they have
obtained a warrant to do so. In practice ID officers only seek authority or permission to
search when it is deemed absolutely necessary or in the interests of the person involved (e.g.
as a pointer to their innocence). If search by consent is carried out during the course of
enquiries which do not substantiate any suspicion that may have been directed at a
Subpostmaster or Sub-Office Assistant, he will be handed at a later stage a written apology
for any inconvenience caused, coupled with a statement that he readily agreed to the search
and that nothing which would cast any doubt on his honesty was found.
END
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SECTION 16 (M)
INFECTIOUS (INCLUDING CONTAGIOUS) DISEASES
1. Subpostmasters, are expected to act on the advice given by their general practitioners or
hospital specialists, and to refrain from providing “Personal Service”, by taking leave of
absence, through sickness if advised to do so. This is both for their own good and that of
others.
2. Contact with a persori suffering from such a disease will only rarely exempt a
Subpostmaster from providing Post Office services, nevertheless the advice in Par. 1 may
apply if the medical practitioner so advises.
3. “Open cases” of Pulmonary tuberculosis must receive clearance from the Post Office, before
a Subpostmaster will be allowed to resume the provision of “Personal Service”.
4. Ifthe local Public Health Department should require the temporary closing of the office, the
Regional General Manager will issue instructions as to the stock, etc. In such cases the
question of continuing payment of the Subpostmaster’s emoluments subject to a deduction
in respect of any saving in expenses, will be considered on its merits.
5. These conditions apply equally to any assistants employed by a subpostmaster on Post
Office duties. Also, in such cases the question of meeting any loss sustained by the
Subpostmaster or Sub-Office Assistant in consequence of the latters enforced absence will be
considered on its merits. It should, however, be understood that the object of any payment
that may be made by Post Office Counters Ltd in these cases is to prevent there being any
inducement to the sub-office Assistant to come on duty when his presence would be a
source of danger to the public or the Post Office employees with whom they might come in
contact in his Post Office work. Post Office Counter recognises no other obligation in the
matter.
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SECTION 17 (M)
PREMISES
The Subpostmaster must, at his own expense, provide premises in which such reasonable
office accommodation and fittings as Post Office Counters Ltd may require are made
available for carrying on the Post Office Counters business. A legible notice advising the
public thatthe business of Post Office Counters Ltd is available on the premises, should be
displayed in a conspicuous position which is clearly visible from the outside of the
TENANCY
The Subpostmaster must hold the premises either as owner or on a tenancy subject to at
least one quarters notice. Exceptions are sometimes allowed as to tenancy where the
premises are owned or held ona suitable tenancy by the spouse of the Subpostmaster or
where the sub-office is transferred to a near relative of a Subpostmaster of long service who
holds the premises on a suitable tenancy.
The Subpostmaster must also at his own expense:
a. clean, decorate and maintain the sub-office premises inside and out. Persistent failure
to keep to a good standard will be regarded as a breach of contract;
b. __ light and heat the sub-office premises to a good commercial standard;
c. exhibit the sub-office title (ie. ".POST OFFICE") in large painted letters in a prominent
position outside the building.
d. display externally an approved ‘Post Office’ lozenge in Wales a bi-lingual lozenge
must displayed:
e. _ if required, provide convenient space for a letter box;
f. _ if required, provide, where no security screen of a type approved by Post Office
Counters Ltd already exists, for such a screen or modular counter and screen as Post
Office Counters Ltd may specify.
ALTERATIONS TO SUB-OFFICE PREMISES, ACCOMMODATION
4,
The Subpostmaster must not, without the prior agreement of the Regional Manager:
- move the sub-office to premises other than those in which it was situated at the time
of his appointment;
= alter the accommodation for carrying on the work of the sub-office from that agreed at
the time of his appointment.
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NOTICES, PUBLICITY, ETC.
5.
The Subpostmaster must display in a position visible to the public at all times:
an up-to-date window notice indicating hours of opening which is supplied by the Regional
Manager; POPOS, other notices displayed and leaflets, as required by Post Office Counters
Ltd.
Notices and publicity must not be affixed to the counter screen without permission of the
Regional Manager.
The Subpostmaster must permit Post Office Counters Ltd to provide (in addition to an
anti-bandit screen) any improvement in the standard of security which it decides to be
necessary and is prepared to pay for.
RESITING OF POST OFFICE SECURITY EQUIPMENT
Te
Where any agreed re-arrangement of sub-office accommodation and/or fittings -see 4
-involves the moving of Post Office security equipment the Subpostmasters contribution to
the cost of doing so will be decided as follows:
NATURE OF ALTERATION CONTRIBUTION REQUIRED
OF SUBPOSTMASTER
(a) I Subpostmaster wishes to improve Post
Office accommodation and Regional
Manager agrees improvement is desirable.
(b) I Subpostmaster has no alternative but to.
move his premises or alter them to meet
requirements beyond his control. NIL
(c) I Subpostmaster wishes to re-arrange his
private accommodation, which will
neither increase nor improve the Post
Office accommodation, but will require
security equipment to be moved. 100%
(d) Subpostmaster wishes to re-arrange his
private accommodation, which will reduce
Post Office accommodation, though not
to a level unacceptable to the Regional
Manager, but security equipment will
need to be moved. 100%
The above scale is intended as a rough guide only and Regional Managers have discretion to
fix the level of contribution according to the circumstances of each particular case.
RESIDENCE
8.
A Subpostmaster who does not reside on the premises must satisfy his Regional Manager
that he has made proper provision for the safety of Post Office Counters Ltd cash and stock
entrusted to his care. If residential accommodation is associated with the sub-office the
Subpostmaster must inform the Regional Manager if he does not occupy it himself, or if he
ceases to do so, and must immediately inform the Regional Manager if at any time it
becomes vacant.
PURCHASE OF FITTINGS
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9. The Subpostmaster may purchase certain fittings, designed specifically for Post Office use,
from the Regional Manager who will be able to supply details of what is available.
ADVERTISEMENTS
10. A title, which might suggest that Post Office Counters Ltd is concerned in the management
of the Subpostmaster’s private business, such as “Post Office Stores", must not be used.
11. No advertisement or publicity may be exhibited in the part of the premises used for Post
. Office Couhters Business without the consent of Post Office Counters Ltd.
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SECTION 18 (M)
HOURS, ATTENDANCE, ETC,
INTRODUCTION
1
The actual hours of opening at any individual sub-office are set by the Regional Manager in
accordance with the following rules.
The hours of opening may be altered with the prior permission of the Regional Manager at
any time, provided that the new hours are not less than the hours of counter service at para
4 below.
The Subpostmaster must not, without permission, vary the hours of public business set by
the Regional Manager for his office or transact Post Office Counters business with the public
outside those hours except for the sale of postage stamps.
STANDARD COUNTER HOURS OF SERVICE
4.
The minimum standard hours of opening during which the Subpostmaster may be required
to open his office in order to transact all kinds of counter business appropriate to his office
are set out in Section 1
However, where a Subpostmaster's private Business is open for longer periods, the Regional
Manager may also require the Post Office counter to be open for all or part of that time. No
additional payment will be made by Post Office Counters Ltd for any such opening other
than that attracted by the extra business.
Sub-Offices are closed on Sundays and public and bank holidays. Regional Managers will
however determine whether opening on some or all of these days is appropriate, taking
account of local circumstances.
LUNCHTIME AND HALF DAY CLOSURE (MONDAY TO FRIDAY)
5.
At the Subpostmaster's request the Regional Manager may authorise the closure of an office
within the times stated in para 4. providing such closure does not conflict with the general
pattern of retail trading in the area.
SUSPENSION OF MIDWEEK HALF DAY CLOSING DURING THE CHRISTMAS AND
NEW YEAR PERIOD AND (WHERE APPLICABLE) ON THE THURSDAY PRECEDING
GOOD FRIDAY
The Regional Manager may suspend any midweek early dosing on any day or days between
18 December 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 Counters
Ltd for any such opening.
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LOCAL HOLIDAYS
7. The Regional Manager may authorise the closure of a sub-office during the whole or any
portion of a Local Holiday. Local Holidays in Scotland which are regarded as equivalent to
Bank Holidays do not come under this rule.
ADVERTISING OF HOLIDAYS
8. The times at which a Sub-Office is closed for national or local holidays should be
prominently advertised at the office c
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SECTION 19 (M)
INTRODUCTORY PAYMENT
On the opening of a sub office to be run on the terms of the modified contract a successful
applicant will be required, as recognition of the opportunity to run a Post office on behalf of Post
Office Counters Ltd, to make an introductory payment. Such payments will be liable for VAT and
will be non-returnable.
In the event of Post Office Counters Ltd deciding to close or resite the office, other than at a time of
summary termination or resignation by the Subpostmaster in order to avoid summary
termination, a compensatory payment will be made to the outgoing Subpostmaster, which will be
calculated on the same basis as the introductory payments, but on the level of remuneration at the
time of closure or resiting.
FORMER EMPLOYEES OF POST OFFICE COUNTERS LID
On the opening of a sub office to be run on the terms of the modified contract by a former member
of Post Office Counters Ltd staff who worked either in the regarded office, or in an office within
the same unit as the regarded of office where surpluses could not be cleared without voluntary
redundancy, no payment will be required by the successful applicant as recognition of the
opportunity to run a post office on behalf of Post Office Counters Ltd. However on ceasing to hold
the appointment as the subpostmaster, the former member of staff will be required to make a
payment to POCL which will be based on his remuneration at the time of appointment plus the
increase in the Retail Price Index since that date. Such payment will be liable for VAT and will be
non returnable
Should Post Office Counters Ltd decide to close or resite the office, other than at a time of
summary termination or resignation by the Subpostmaster to avoid summary termination, a
compensatory payment which will be calculated on the same basis as the first payment, but on the
final level of remuneration, will be made to the outgoing Subpostmaster, netted off against the
payment due from the Subpostmaster detailed above.
~e
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SECTION 20( M.}
PUTTING THE CUSTOMER FIRST
INTRODUCTION
4
1. ° Post Officé Counters Ltd is committed to the principles of Customer First and is training all
staff in the relevant processes.
2. Post Office Counters Ltd intends that all Subpostmasters, or their deputies, and their
assistants shall be trained in the same process.
THE SUBPOSTMASTER
3. Ata time or times considered appropriate, upon reasonable notice being given by Post
Office Counters Ltd, the Subpostmasters will ensure that Customer First training is given to
all of his staff who are employed on Post Office business.
4. At the time of his appointment, the Regional Manager will make arrangements with the
Subpostmaster for him or his deputy to undergo an induction programme into Customer
First. Such induction programmes will take due account of the needs of Post Office Counters
Ltd.
ASSISTANTS
5. Thereafter the Subpostmaster will make suitable arrangements for his assistants to undergo
a similar induction programme into Customer First. He will make full provision for his
assistants to participate in ongoing quality improvement activities.
6. The Subpostmaster must make proper provision for newly employed assistants to receive
Customer First induction training. He will also make suitable arrangements for such newly
employed assistants to participate in ongoing quality improvement activities.
7. Throughout this training programme the Subpostmaster will be able to call upon the
support of a designated Quality Support Manager.
END
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NATIONAL INSURANCE 8, 11
NEW YEAR SO
NEWS MEDIA 30
NOTICE2
NOTIFICATION OF SICKNESS 13
OFFICIAL SECRETS ACTS 29
OPERATIONAL RULES 2
Pp
PASSPORTS 24
PENSION 8
PERSONAL BUSINESS 4
PERSONAL CONDUCT 43
PERSONAL DECLARATION 26
PERSONAE DECLARATIONS 29
POLITICAL, ACTIVITIES 39, 41
POPOS 48
POSTAL INSTRUCTION 2
POSTAL ORDERS 22
PREGNANCY 17
PREMISES 47
PRIVATE BUSINESS 39
PRIVATE INTERESTS 31
PUBLIC AND BANK HOLIDAYS SO
PUBLIC NEWS MEDIA 30
PUBLIC RELATIONS DEPARTMENT 30
PUBLICATION OF OFFICIAL INFORMATION 30
PUBLICITY 49
Q
QUALITY IMPROVEMENT ACTIVITIES 53
QUALITY STANDARDS 28
QUALITY SUPPORT MANAGER 53
R
REMUNERATION 3, 10, 14, 42, 52
REPRESENTATIONS 42
RESIDENTIAL ACCOMMODATION 48
RESIGNATION 2, 11, 16, 52.
RESTRICTIONS ON PRIVATE BUSINESS 39
RETIREMENT 8, 11, 16
REVISION 4
ROBBERY 17
s
SEARCHES 45
SECURITY 22, 48
SECURITY OF CASH, STAMPS ETC 22
‘SECURITY SCREEN 47
SHORT ABSENCES 9
SICK PAY 12, 13
©Copyright reserved
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‘SOCIAL SEGURITY ACT 1975 8
STANDARD OF SERVICE 28
STOCK AND CASH 22
‘STOLEN ITEMS 24
‘SUB-OFFICE TITLE 47
‘SUBPOSTMASTERS PAY 3
SUBPOSTMISTRESSES 1
‘SUITABILITY OF APPLICANTS 25
‘SUMMARY TERMINATION 52
‘SUSPENSION 10, 43
T
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TENANCY 47
‘TERMINATION OF APPOINTMENT 11
‘THEFT 23
‘THEFTS BY STRANGERS 44
TRAFFIC 3
TRAINING 53
TRAVELLING AND SUBSISTENCE 15
‘TYPES OF BUSINESS 1
U
UNAUTHORISED PUBLIC COMMENT 30
UNSUITABLE PERSONS 26
USE OF THE NAME "POST OFFICE 41
Vv
VACANCY NOTICE 2
Ww.
WAITING TIME 28
WIDOWHOOD 8
‘WORK RELATED PAYMENT 3
Issue 2
Page 55
‘September 1994
ww
04/12/2000
11/10/2000
09/11/2000
09/11/2000
04/12/2000
23/11/2000
10/08/2000
O4F/12/2000
22/11/2000
‘Audit Manager
Particulars
Final Cash A/c balance
MY RENEWAL FEES
AUTOMATED PRODUCTS
PERSONAL BANKING
BUREAU DE CHANGE POS REV.
REMS FM OTHER OFFICES
TRAVELLERS CHE@. PURCHASE
SPSO FRAUD
PENSIONS. & ALLOWANCES
TOTAL
NETT TOTAL
H
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85.25
200.00
120.00
10804.81
25319.97
Allowance-
100.0
100.0
22.54
63.3
W
i
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DATE OF ERROR 22./.1.!.
CASH ACCOUNT LINE No.
Cash Account Entry = £..
DETAILS OF ERROR (PLEASE PROVIDE FULL SUPPORTING EVIDENCE)
P28 ERRORS IN THE PERIOD 18fiofoo (30) — 22/i\/oo (35)
DATE OF ERROR ......../ s+
CASH ACCOUNT LINE No. .....
Cash Account Entry = £.......
DETAILS OF ERROR (PvEASE PROVIDE FULL SUPPORTING EVIDENCE)
DATE OF ERROR wssen/ snesen/snene WEEK No
CASH ACCOUNT LINE No.
LINE DESCRIPTION.
Cash Account Entry = Supporting Document Total
DETAILS OF ERROR (PveasE PROVIDE FULL SUPPORTING EVIDENCE)
.CHARGE/CLAIM.
Tick if manual JV required [ 7 Duty Holders Signature .....
NB A manual JV is needed when an error is forced
after the CLASS data has been archived Authorised/Checked by(POA’
{REVISED NOV 98)
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~/,03/04 01 TUE 13:49 FAX! NETWORK BANKING Qo
Y PAGE 1
-2A
re Rs OFFICE:CLEVELEYS
PFD K. CODE: 153/405
WEEK WEEK DOCKET TOTAL CHARGE CLAIM ERRORS
ENDED NO AMENDED TOTAL .
18/10/00 30 £147 ,961.34 £3,065.78 GROUP 14
£151 ,027.12 1 ORDER VALUE £114.65
CLAIMED BUT NOT RECEIVED
£114.65 DISALLOWED
GROUP 5
GROUP TOTAL OF £9710.95
C/FWD TO FRONT OF MAIN
DOCKET AS £9510.95
£200.00 ALLOWED
GROUP 6
GROUP TOTAL OF £2708.84
C/FWD TO FRONT OF MAIN
DOCKET AS £2408.84
£300 :00 ALLOWED
GROUP 10
GROUP TOTAL OF £18953.59
C/FWO TO FRONT OF MAIN
DOCKET AS £18747.26
£206.33 ALLOWED
GROUP 11
GROUP TOTAL OF £6340.20
C/FWO TO FRONT OF MAIN
DOCKET AS £6263.05
£77.15 ALLOWED
GROUP 13
GROUP TOTAL OF £78135.79
C/FWOD TO FRONT OF MAIN
DOCKET AS £76148.37
£1987 .42 ALLOWED
GROUP 14
GROUP TOTAL OF £26919.36
C/FWD. TO. FRONT. OF. MAIN
DOCKET AS £26509.83
£409.53 ALLOWED
4%
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P fs
re sNW 52/01 PAGE 1 OFFICE:CLEVELEYS
PFD RE” jNWB/066/01 BCI CODE: 153/405
WEEK WEEK DOCKET TOTAL CHARGE CLAIM ERRORS
ENDED NO AMENDED TOTAL
:*1710/00 29 £143,953.06 £5,477.88 GROUP 5
£138,475 .18 192 ORDERS TOTAL VALUE
£7200.55 CLAIMED. 1e4
ORDERS TOTAL VALUE
£6925.25 RECEIVED
£265.30 CISALLOWED
GROUP 6
45 ORDERS TOTAL VALUE
£354.70 CLAIMED. 44
OROCRS TOTAL VALUC
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an
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is)
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ISASLLOWEO
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2¢
“M
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9 ORDERS TOTAL VALU
9581.04 CLAIMED. 58
5
«¢
i
BERS TOTAL VALUE
381.04 RECEIVED
oO .CO OISALLOWED
hth OmMUD
GROUP 10
1423 CRDERS TOTAL VALUE
£15694.97 CLAIMED. 12¢
CRDERS. TOTAL VALUE
£15220.62 RECEIVED
£474.35 DISALLOWED
GROUP 11
8& CRDERS TOTAL VAs
£S115.97 CLAIMED.
SROLP 13
1017 ORDERS TOTAL VALUE
£74222.45 CLAIMED. 976
ORDERS TOTAL VALUE
£71340.62 RECEIVED
£2881.22 DISALLOWED
CONT....
2 IMPLETED BY
28/6/01 CHECKED BY
+4
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PAGC 2 OFFICE:CLEVELEYS
CODE :153/405
WEEK WEEK DOCKET TOTAL CHARGE CLAIM ERRORS
ENDED NO AMENDED TOTAL
11/10/00 29 CONT.... GROUP 14
-/11/00
£144 ,890.68
£139 ,190.51.
£5,690 .17
CONT....
227 ORDERS TOTAL VALUE
£25895 .38 CLAIMED. 218
ORDERS TOTAL VALUE
£24772 .18 RECEIVED
£1123.20 DISALLOWED
GROUP S.
3 ORDERS TOTAL VALUE
£175.00 CLAIMED SUT
NOT RECEIVED
£i75.00 DISALLCWCOO
G
1
£
GROUP 7
& ORDERS TOTAL VALUE
£1362.20 CLAIMED SUT
NOT RECEIVED
£1362.20 DISALLOWED
GROUP 19
& ORDERS TOTAL VALUE
£438.22 CLAIMED BUT
NOT RECEIVE
£438.22 DISALLOWED
Hae
ry
21 CRDERS TOTAL VALUE
£2411.27 CLAIMED BUT
NOT RECEIVED
£1411.27 DISALLOWED
GROUP 14
16 ORDERS TOTAL VALUE
£1774 .82 CLAIMED BUT
NOT RECEIVED
£1774 .28
P976/01
COMPLETED BY I CHECKED BY
%O
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rel ar aNW 52/01 PAGE 3 OFFICE: CLEVELEYS
PFD RE IWB/066/01 BCI CODE: 1537405
WEEK WEEK DOCKET TOTAL CHARGE CLAIM ERRORS.
ENDED NO AMENDED TOTAL
5/11/00 34 CONT.... GROUP 13
1 ORDER VALUE £50.25
CLAIMED AS ELS
£0.01 CISALLOWED
22/11/0 3s £139,235 .&: £2,702.54 GROUP 10
£136,532.14
1 ORDER VALUE £99.94
CLAIMED AS £89.34
£0.50 ALLOWED
GROUP 12
1 ORDER VALUE £29.15
CLAIMED AS £89.13
£0.02 ALLOWED
GROUP 12
1 ORDER VALUE £78.65
CLAIMES AS £78.45
£0.20 ALLOWED
GROUP S
225 CROCRE TOTAL VALUE
£10168.26 CLAIMED. 224
ORDERS TOTAL VALUE
£10108.20 RECEIVED
£60.00 DISALLOWED
GROUP 7
40 ORDERS TOTAL VALUE
£6170.41 CLAIMED. 39
ORCERS TOTAL VALL
CONT...-
28/6/01
IMPLETED BY e
CHECKED BY
a I
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st
{ AFF =NW 52/01 PAGE 4 OFFICE: CLEVELEYS
PFD F:NWB/066/01 BCI CODE: 153/405
WEEK WEEK DOCKET TOTAL = CHARGE CLAIM ERRORS.
ENDED NO AMENDED TOTAL
22711700 35 CONT.... GROUP 13
932 ORDERS TOTAL VALUE
£68861.01 CLAIMED. 922
ORDERS TOTAL VALUE
£68183.62 RECEIVED
£677 .39 DISALLOWED
GROUP 14
221 ORDERS TOTAL VALUE
£25104.40 CLAIMED. 216
OROCORS TOTAL VALUE
f£24252.03 RCCEIVEI
£952.37 DISALLOWED
COMPLETED BY I
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CASE NO: CR1 01947
IN THE BLACKPOOL COUNTY COURT
BETWEEN:
POST OFFICE COUNTERS LTD
Claimant
And
JULIE WOLSTENHOLME
Defendant
AMENDED PARTICULARS OF CLAIM [UNDER
CPR 17.1(2)(A) DATED _] [BY ORDER OF
DISTRICT JUDGE DATED ]
Weightman Vizards
41 Spring Gardens
Manchester
M2 2BG
Ref : NK SJH jw 14845.1
Solicitors for the Claimant
%3
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Notice of Transfer of Proceedings In the
CROYDON
the Claimant’s Solicitor County Court
Claim Number I CR101947
Claimant Post Office Counters Ltd
Consigna Legal Services (including ref.)
Impact House . L0/61926 pac
2 Eldridge Road
Croydon Defendant Mrs J Wolstenholme
CRO 1PS (including ref.) I PJL/DA/WOLSTENHOL
ME~
Date SP ret fee 2001
& a
1
2 oO
\% =
NG
Qn parties ar *
4 defence to this claim has been filed. As the defendant is an individual the claim has been transferred to the
court covering the area where the defendant lives or carries on business. Please read the accompanying
documents carefully and note that where enclosed the allocation questionnaire should be returned to the County
court , The Law Courts, Chapel Street, Blackpool, Lancs by the date shown.
@
BH
I court office at CROYDON County Court, Altyre Road, Croydon, Surrey, CR9 SAB is open between 10am and 4pm Monday to Friday. When corresponding with the court, please
a ress forms or letters to the Court Manager and quote the claim numt
Produced by: CDANNEAU.
271 Notice of transfer of proceedings CIROIBA
o~
IN THE BLACKPOOL COUNTY COURT CLAIM NO CRI 01947
BETWEEN:
POST OFFICE COUNTERS LTD
Claimant
And
MRS JULIE WOLSTENHOLME
Defendant
AMENDED PARTICULARS OF DEFENCE AND COUNTERCLAIM.
Re — AMENDED
DEFENCE
1. Paragraph 1 of the Particulars of Claim is admitted.
2. In relation to paragraph 2 of the Particulars of Claim the Defendant admits that
she was a sub- postmistress but she contends that on its true construction the
contract between her and the Claimant was a contract of employment. The
Defendant asserts that her employment was terminated unlawfully and she has
made an application to the Industrial Tribunal for unfair dismissal and in that
“claim she has claimed re-engagement and reinstatement at the premises in
Cleveleys where she was carrying out her employment, namely 2 Runnymede
Avenue, Thornton Cleveleys.
6
3. The defendant admits that the items and equipment listed in paragraph & of the
Particulars of Claim were placed in the said premises by the Claimant as part
of her contract of employment.
%S
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4
4 The Claimant's put to proof :n respect of tre value pleaded in paragraph of the
Particulars of Claim
q
= Paragraph & of the Particulars of Clam os denied. Inthe
temative it is
necessary for the said ems to remain vn the sais cremises until the determination of the
csputes between the patties it would 22 oointiess for the said items and equipment to
be removed only to be renstated in the uveo’_of_a successful application by the
Defendant for reinstatement
a so
Paragraphs & and \ of the Particulars cf Ciaim are admitted There is a
continuing dispute between the parties
uw
The contents oi varagraph & of the
anucuiars of Claim are denied The
fencant has not wresg‘uliy “étaines ard retuse
un
in paragraph of the Particulars of Cian
1°S deliver up the saic items as alleged
The Claimant :s cot entitled to the relief carmed in the prayer to the Particulars of
2
Ciaim or in paragraph W ‘nerecf
If (which is deried) the Ciaimant :s entitles tc recover the cla:med or any sum
‘rom the Defenaant. che Deferdan: wil claim ‘o set off damages recovered under her
Counterclaim in extinction or siminution *hereot
COUNTERCLAIM
Ce The contents of tne Cefence are “epeatec
The Defendant's contract af employment with the Claimant commenced in or
acout November 1999 --er average take Tome © zy ter nerself and employees was
‘0 oer month after seauction of Nationa! msurance
The Defendar: wil refer
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damages under section 8 of the Human Rights Act 1998 by virtue of the Claimant's
actions in wrongfully terminating her contract. In addition the Defendant is entitled to
damages for breach of article 6 in that her mode of dismissal was unfair.
16 in the alternative if (which is denied) the Defendant was not employed under a
contract of employment she was a commercial agent for the purposes of the Commercial
Agents (Council Directive) Regulation 1993 made under section 2 (2) of the European
Communities Act 1982 and she is entitled to compensation and/or damages from the
Claimant pursuant to regulation 17(1) of the 1993 Regulations
By reason of the above matters the Defendant has suffered loss and damage.
PARTICULARS
Loss of the ingoing paid by the Defendant to the Claimani in the sum of
£82,500.00
Loss of earnings at £5,300 per month from November 22, 2000 to the date hereof
and continuing
QQ) Loss of the opportunity to earn income from related activities in the said
premises
Wages from 27/11/2000 to 22/04/2001 @ £5,300 per month equals £26,500.90.
And the Defendant counterclaims
1} damages for wrongful dismissa!
damages for breach of the implied term to provide a computer system fit for its
%%
purpose
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(3) damages under section 8 of the Human Rights Act 1998;
(4) compensation or damages under the Commercial Agents (Council Directive)
Regulations 1993.
This Statement is true.
Dated this 14 day of April 2003
Signed I J Wolstenholme I -
Filed by:
$4
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NNA
IN THE BLACKPOOL COUNTY COURT CR 101947
BETWEEN:
POST OFFICE COUNTERS LIMITED
-and-
MRS JULIE WOLSTENHOLME
Defendant
REPLY AND DEFENCE TO COUNTERCLAIM
1 As to paragraph 2:
1.1 The Claimant avers the Defendant was in law an agent of the Claimant and not an
employee;
1.2 It is admitted that the Defendant has brought proceedings in the Manchester
Employment Tribunal. It is submitted those proceedings are misconceived.
2 As to paragraphs 3, 5 and 6:
2.1 The said items admitted under paragraph 3 were placed with the Defendant
pursuant to the contract of agency and not on account of any employment
relationship between the parties;
2.2 In any event, even if there existed an employment relationship (which is denied) the
Claimant would have no lawful reason or authority for holding on to and refusing to
deliver up, the goods of the Claimant, such that by her refusal and on her own case,
she has committed the torts of conversion and/or trespass to goods and further has
acted contrary to the agreement to return the goods on the termination of the said
agency agreement;
2.3 The Employment Tribunal’s jurisdiction in respect of reinstatement is entirely
dependent on:
2.3.1 The Defendant succeeding in her contention that she was an employee, against
which there is settled and long standing judicial authority in favour of the
Claimant’s contention;
2.3.2. The Employment Tribunal exercising its unfettered but rarely exercised
discretion to grant an order for reinstatement pursuant to s.113 (a) and s.114 of
the Employment Rights Act 1996.
2.4 In the premises the averments made under paragraphs 5 and 6 are bad in law and
there is no justification for the Defendant’s refusal to return the said goods to the
Claimant.
<2:
aN
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VNA
3 As to paragraphs 12 and 13, it is denied that the said agreement was not lawfully
terminated:
3.1 The Defendant well knew and accepted that the Claimant had given lawful and
proper notice of termination of the said agreement and offered a payment in lieu of
the 3 month notice the Defendant was entitled to under the written agreement;
3.2 The said sum was calculated from the date of suspension of the Defendant
(30/11/00) with the last date of service identified as 28/2/01;
3.3 The Defendant normally would have received £19,322.85 in commission for this
period. Due to the fact that there were outstanding losses incurred by the Defendant
(£17,825.37) and for which she was liable to make good to the Claimant, the
Claimant paid the balance or excess of commission or remuneration to the
Defendant in the sum of £1,497.48.
4 It is denied that the said computer system was unfit for its purpose and it is averred the
same worked adequately.
5 Asto the claim under the Human Rights Act:
5.1 No admission is made as to whether the Claimant is a public authority within the
meaning of s.6 of the Act;
5.2 It is denied that the Defendant’s earned income or goodwill from the said agency
constitute possessions within the meaning of Article 1 of the First Protocol;
aQ
5.3 Insofar as there has been an interference with the possessions of the Defendant
(which is denied) the same does not amount to a breach of the Act and/or is justified
as being in the public or general interest and was subject to the conditions provided
for by law;
5.4 Itis denied that the Defendant is entitled to any award under s.8 of the Act;
5.5 It is denied that the Defendant has suffered any interference with her article 6 right
and/or any act or omission of the Claimant was in breach of article 6.
As to the claim under the 1993 Regulations:
6.1 The Defendant is put to strict proof of her contention that the regulations applied to
the relationship between the parties;
6.2 Insofar as it is held the regulations apply:
6.2.1 The said agreement satisfied the provisions of regulation 15(1) and (2), in that
3 months notice was provided to the Defendant in respect of the termination of
the said agreement;
6.2.2 The Defendant has received all she is entitled to under regulation 17 by virtue
of the payment made as set out under paragraph 3.3 above;
6.2.3 The pleading is defective in that it fails to identify which measure of
compensation is being sought under regulation 17 in respect of the termination
of the said agreement and/or identify recompensable loss under the said
regulation.
-4-
13
POL00118218
POL00118218
NNA
POL00118218
POL00118218
VNA
6.3 The claim for loss under paragraph 17 is denied.
Statement of Truth
I DAVID ROBERT JACKS solicitor for the Claimant am duly authorised to state
on behalf of the Claimant, that I believe the facts stated in the reply and defence to
counterclaim to be true
GRO
SIMON GORTON
Dated this day of 2001
BY
WEIGHTMANS
RICHMOND HOUSE
RUMFORD PLACE
LIVERPOOL L3 9QW
REF: DJ
5-
POL00118218
POL00118218
Notice of Allocation or In the
Listing Hearing BLACKPOOL
; 5 = County Court
To the Claimant’s Solicitor
Claim Number CR101947
Claimant Post Office Counters Ltd
Weightman (including ref.) DJ AM 14845.1
Richmond Hi
1 ran Place Defendant Mrs J Wolstenholme
A (includii f. PJL/DA/WOLSTENHOLME
coe REGEWED ON] I Suuunes)
Date 16 July 2001
19 JUL 9nnt
P_ WANA Pp
suumitted in this claim and has decided that a hearing is necessary before a final decision about af
made.
(A) THE CLAIM WOULD SUGGEST FAST TRACK BUT THE COUNTERCLAIM ADDS COMPLICATION
WHICH MIGHT SUGGEST MULTI TRACK.
(B) THERE MAY BE AN ISSUE AS TO EXPERT EVIDENCE GIVEN THE COUNTERCLAIM.
(C) IS THERE REALLY A HUMAN RIGHTS POINT OR CAN THIS BE KNOCKED ON THE HEAD A
THIS STAGE?
(D) IS THE PO COUNTERS LTD A PUBLIC AUTHORITY IN THESE CIRCUMSTANCES?
Y UTY DISTRICT JUDGE HUNTER orders you to attend at 12:30 on the 21 August 2001 at Blackpool County
Cv art, The Law Courts, Chapel Street, Blackpool, Lancs, FY1 5RJ.
Note: Note If you fail to attend the hearing, the court may order you to pay the costs of the other
party, or parties that do attend. Failure to pay those costs within the time stated may lead to your
statement of case being struck out
‘The court office at BLACKPOOL County Court, The Law Courts, Chapel Street, Blackp
court, please address forms or letters to the Court Manager and quote the claim number. Te
. Produced by: TROGAN
153 Notice of Allocation or Listing Hearing CIRC)
‘4pm Monday to Friday. When corresponding with
POL00118218
POL00118218
General Form of Judgment or In the
. Order BLACKPOOL
. County Court
_ To the Claimant’s Solicitor Claim Number I CR101947
Claimant Post Office Counters Ltd
(including ref.) I DJ AM 14845.1
Weightman Defendant Mrs J Wolstenholme
Richmond House (including ref.) PJL/DA/WOLSTENHOLME
1 Rumford Place
Liverpool
L2 90W Date 30 August 2001
Refore DEPUTY DISTRICT JOUGE HAWTHORNE sitting at Blackpool County Court,
teet, Blackpool, Lancs, FY1 SRJ.
Upon hearing Counsel for the Claimant and the Solicitor for the Defendant
IT IS ORDERED THAT
1. The claim be allocated to the Multi Track .
2. Both parties do have permission to rely upon one expert each in computer systems .
3. Each party do give standard disclosure to the other by serving copies with a disclosure statement by 4pm on 21_
October 2001.
4. Statements of witnesses of fact be exchanged simultaneously by 4pm 21 November 2001.
5. experts reports be disclosed by simultaneous exchange by 4pm on 21 January 2002.
aan case be listed for a Case Management Conference on next available date 21 February 2002 ELH 1 hour to
sider:~
(A) The position following exchange of experts reports .
(b) The outstanding issues between the parties .
(©) The position on the case brought before the employment tribunal of the Claimant .
(d) Further directions .
7. Costs in the case.
Dated 21 August 2001
The court office at BLACKPOOL County Court, The Law Courts, Chapel Street, Blackpool, Lancs,
soothe court, please address forms or letters to the Court Manager and quote the claim number. T
-I Produced by:JFLEMING
N24 General Form of Judgment or Order q ( ‘CIROGS
‘and 4pm Monday to Friday. When corresponding with
General Form of Judgment or
Order
To the Claimant’s Solicitor
POL00118218
POL00118218
In the
BLACKPOOL
County Court
Claim Number I CR101947
Weightman
Richmond House
1 Rumford Place
Liverpool
L2 9QW
Before DEPUTY DISTRICT JUDGE CROSS sitting at Blackpool County Court, The Law Cout
‘ackpool, Lancs, FY1 5RJ.
Claimant Post Office Counters Ltd
(including ref.) DJ AM 14845.1
Defendant Mrs J Wolstenholme
(including ref.) PJL/DA/WOLSTENHOLME
Date 11 March 2002
ASK’,
Street,
Upon reading letters dated 26th February 2002 from solicitors for the Claimant and the Defendant
IT IS ORDERED THAT
1. The case management conference be adjourned to 7TH MAY 2002 AT 11.30 A.M.
Dated 04 March 2002
‘The court office at BLACKPOOL County Court, The Law Courts, Chapel Street, Blackpool,
the court, please address forms or letters to the Court Manager and quote the claim number.
ay
N24 General Form of Judgmentor Order
ym Monday to Friday. When corresponding with
Produced by:TROGAN
‘COROGS
POL00118218
POL00118218
General Form of Judgment or In the
Order BLACKPOOL
County Court
To the Claimant’s Solicitor Claim Number I CR101947
REGENVED AgFmant Post Office Counters Ltd
16 MAY Gncluding ref.) I DJ AM 14845.1
Weightman fendant Mrs J Wolstenholme
Richmond House ingtuding ref.) I PYL/DA/WOLSTENHOLME
1 Rumford Place
Liverpool Date 14 May 2002
L2 9QW
r Before DISTRICT JUDGE BUCKLEY sitting at Blackpool County Court, The Law Courts, Chapel Street, Blackpool,
incs, FY1 5RJ.
Upon there being no attendance by the claimant and hearing the solicitor for the defendant
IT IS ORDERED THAT
1. The Case Management Conference be adjourned to be heard on 6th June 2002 at 3.00pm with an estimated length
of hearing of 30 minutes.
Dated 07 May 2002
‘The court office at BLACKPOOL County Court, The Law Courts, Chapel Street, Blackpool, Lancs, FY1 SRJ is open between 10am and 4pm Monday to Friday. When corresponding with
the court, please address forms or letters to the Court Manager and quote the claim number. Tel:}
Produced by:LDOHERTY
N24 General Form of Judgment or Order CHROGS
POL00118218
POL00118218
General Form of Judgment or In the
Order BLACKPOOL
County Court
To the Claimant’s Solicitor Claim Number I CR101947
Claimant Post Office Counters Ltd
(including ref.) NJK SJH JW
Weightman Vizards Defendant Mrs J Wolstenholme
41 Spring Gardens (including ref.) PJL/DA/WOLSTENHOLME
Manchester
M2 2BG Date 14 June 2002
14427 MANCHESTER 2 J>
, }ncs, FY1 5RJ.
Upon hearing the Solicitor for the Defendant and the Claimant not attending
IT IS ORDERED THAT
1. Case Management Conference be adjourned to 29TH JULY 2002 AT 11.30 A.M.
2. Costs in the case.
Dated 06 June 2002
The court office at BLACKPOOL County Court, The Law Courts, Chapel Street, Blackpool, Lancs, fom Monday to Friday. When corresponding with
the court, please address forms or letters to the Court Manager and quote the claim number. Tel:
Produced by:TROGAN
N24 General Form of Judgmentor Order q
POL00118218
POL00118218
General Form of Judgment or In the
Order BLACKPOOL
County Court
To the Claimant’s Solicitor Claim Number I CR101947
Claimant Post Office Counters Ltd
(including ref) I NIK SIH JW
Weightman Vizards Defendant Mrs J Wolstenholme
41 Spring Gardens (including ref.) I PJL/DA/WOLSTENHOLME
Manchester
M2 2BG
Date 05 August 2002
14427 MANCHESTER 2 Neus
Before DISTRICT JUDGE TURNER sitting at Blackpool County Court, The Law Courts, Chapel Street; Blackpool,
aes, FY1 5RJ. ae
Upon hearing the Solicitor for the Defendant and the Claimant not attending
IT IS ORDERED THAT
1. The claim be stayed till 4:00pm 29 October 2002.
2. Upon termination of the stay, the Claimant;s solicitor shall within 14 days of termination write to the court explaining
the position in relation to the hearing before the E.A.T., and the court shall then consider whether to list for a case
management conference or whether to order a further stay.
3. Costs in the case.
Dated 29 July 2002
‘The court office at BLACKPOOL County Court, The Law Courts, Chapel Street, Blackpool, Lan
«the court, please address forms or letters to the Court Manager and quote the claim number. T
Produced by:LINDAG
N24 General Form of Judgmentor Order I Co ‘CIRO6S
\d 4pm Monday to Friday. When corresponding with
POL00118218
POL00118218
* General Form of Judgment or In the
Order BLACKPOOL
County Court
To the Claimant’s Solicitor Claim Number I CR101947
Claimant Post Office Counters Ltd
(including ref.) NUK SJH Jw
Weightman Vizards Defendant Mrs J Wolstenholme
41 Spring Gardens (including ref.) PJL/DA/WOLSTENHOLME
Manchester
M2 2BG Date
14427 MANCHESTER 2
Before DEPUTY DISTRICT JUDGE LAMBERT sitting at Blackpool County Court, The Law Courts, Chapel Street,
‘ackpool, Lanes, FY1 5RJ.
Upon reading the Statements of Case and the Allocation/Pre-trial check list filed
And upon considering the Court file and Orders previously made
Upon hearing the Solicitor for the Claimant and the Defendant in person
IT IS ORDERED THAT
1, The directions order of 21st August 2001 be varied by these following directions.
2. The Claimant do have leave to file and serve Amended Statements of Case in accordance with the copy filed by
4.00pm on 17th Februry 2003.
3. The Defendant do file and serve amended Defence and Counterclaim by 4.00pm on 10th March 2003.
. It is recorded that the Defendant’s claim and appeal to the Employment Tribunal has been dismissed.
5. There be a further Case Management Conference on 7th July 2003 at 12.00 noon (time estimate 1 hour).
6. Each party give standard disclosure to every other party by list no later than 4.00pm on 10th March 2003.
7. There be simultaneous exchange no later than 4.00pm on 28th April 2003.
8. On it appearing to the court that expert evidence is needed on the issues of liability/causation and that the evidence
should be given in the form of written reports of a single expert instructed jointly by the parties in the field of
Computer Technology.
9. The Claimant/Defendant do no later than 4.00pm on 24th March 2003 inform the court whether or not such an expert
has been instructed. If the parties cannot agree by that date who the expert is to be and about the payment of fee?
either party may apply for further directions.
10 Each party must give instructions to the joint expert by 4.00pm on 7th April 2003 such instruction
possible.
The court office at BLACKPOOL County Court, The Law Courts, Chapel Street, Blackpool, Lancs, FY SRY is
the court, please address forms or letters to the Court Manager and quote the claim number. Tel:
N24 General Form of Judgmentor Order I oO I
POL00118218
POL00118218
Re. -
a
11 Unless the parties agree in writing or the court orders otherwise, the fees and expenses of suct* expert be paid by
the parties equally. ss
12 The report of the joint expert be filed by the Claimant/Defendant at the court no later than 4.00pm on 19th May
2003.
13 The time for service on another party of any question addressed to an expert instructed by that party is not later than
14 days after service of that expert’s report or the date of this Order in the case of a report already disclosed.
14 Any such question be responded to within 21 days of service of the question.
_ 1S Costs in the case.
Dated 10 February 2003
‘The court office at BLACKPOOL County Court,The Law Courts, Chapel Street, Blackpool,
“ute court, please address forms or leters to the Court Manager and quote the claim number
N24 General Form of Judgment or Order I : a
‘pm Monday to Friday. When corresponding with
Produced by:MAND
CHRO6S
POL00118218
POL00118218
General Form of Judgment or In the
Order BLACKPOOL
County Court
To the Claimant’s Solicitor Claim Number I CR101947
Claimant Post Office Counters Ltd
(including ref.) I NJK SJH JW
Weightman Vizards Defendant Mrs J Wolstenholme
41 Spring Gardens (including ref.) I PJL/DA/WOLSTENHOLME
Manchester
M2 2BG
Dat
14427 MANCHESTER 2 ue 09 Fune 2003
/Refore DISTRICT JUDGE BUCKLEY sitting at Blackpool County Court, The Law Courts, Chapel Street, Blackpool,
dacs, FY1 SRI.
Upon reading letter form the defendant dated May 17th 2003 (copy herewith) and it appearing that
a) the claimants have failed to give standard disclosure to the defendant and that
b) the parties have failed to instruct a single joint expert
IT IS ORDERED THAT
1) Matter be listed for hearing at Blackpool County Court, The Law Courts, Chapel Street, Blackpoolon June 30th 2003
at 12:30pm for further directions. (Estimated length of hearing - 30 minutes)
Dated 28 May 2003
The court office at BLACKPOOL County Court, The Law Courts, Chapel Street, Blackpool, Lancs,
the court, please address forms or letters to the Court Manager and quote the claim number. Tel
° Produced by:JBEAVAN
N24 General Form of Judgment or Order } Oo 3 CHROGS
4 4pm Monday to Friday. When corresponding with
POL00118218
POL00118218
17 May, 2003
Deputy District Judge Lambert Claws NO 62i O\AQUTN
Blackpool County Court
The Law Courts
Chapel Street
Blackpool
FY1 5RJ
Dear Sir.
1 am experiencing difficulties with Weightman Vizards (Post- Office Counters Ltd Solicitors). I feel that
they seem to be taking advantage of the fact that I am a layperson, and I am trying my best to comply,
but they seem to be going round in circles. They have still not appointed a computer expert saying he
would need to see copies of both parties List of Documents. I sent my List of Documents on 02/05/03
and up to date 1 have not received their fist.
All I want to do is settle this case as soon as possible but they seem to keep moving the goalposts.
Three times now I have requested the Computer Call Logs from June to November 2000 but now they
say that their client does not have copies of these. This is vital evidence needed for my counterclaim.
Unfortunately when I sent out my amended Defence and Counterclaim I had not noticed that the
paragraphs of the claimants amended particulars had changed. I therefore enclose a re- amended
copy of my defence.
BLACKPo)
POOL
COUNTY Court
253 MAY 2093
Sincerel
We No. 2193
~
POL00118218
POL00118218
\- General Form of Judgment or In the
Order BLACKPOOL
County Court
To the Claimant’s Solicitor Claim Number I CR101947
Claimant Post Office Counters Ltd
(including ref.) I NIK SJH JW
Weightman Vizards Defendant Mrs J Wolstenholme
41 Spring Gardens (including ref.)
Manchester
M2 2BG Date 12 June 2003
14427 MANCHESTER 2
Before DISTRICT JUDGE BUCKLEY sitting at Blackpool County Court, The Law Courts, Chapel
mes, FY1 SRI.
Upon reading the papers on the court file
IT IS ORDERED THAT
1. It is declared that Messrs Lawsons Samuels Capaldi of 22 Whitegate Drive Blackpool, have ceased to act for the
defendant.
ndant act in person and the address for service is
3. It is directed that the directions hearing fixed for 30 June 2003 do stand, in order to enable the court to identify the
issues, deal with outstanding directions and give further appropriate case management directions.
Dated 11 June 2003
on
‘The cour office at BLACKPOOL County Cour The Law Cours, Chapel Sree, Blackpool, Lans, FY SRJ is open between 10am and 4pm Monday o Friday. When corresponding with
the court, please address forms or leuters to the Court Manager and quote the claim number.
N24 General Form of Judgment or Order I (eo) s
Produced by:LINDAG
‘CARO6S
<n the court, please address forms or letters to the Court Manager and quote the claim number. Tels
POL00118218
POL00118218
General Form of Judgment or In the
Order BLACKPOOL
County Court
To the Claimant’s Solicitor Claim Number I CR101947
Claimant Post Office Counters Ltd
(including ref.) NJK SJH JW
Weightman Vizards Defendant Mrs J Wolstenholme
41 Spring Gardens (including ref.)
Manchester
M2 2BG
14427 MANCHESTER 2 Date 30 June 2003
Before DISTRICT JUDGE BUCKLEY sitting at Blackpool County Court, The Law Courts, Chapel Street, Blackpool,
“anes, FY1 SRI.
Upon reading letter from defendant
IT IS ORDERED THAT
1. The directions hearing fixed for 30th June 2003 be vacated, the issue raised therein to be determined at the Case
Management Conference fixed for 7th May 2003 at 12.00 noon.
Dated 27 June 2003
The court ofie at BLACKPOOL County Court The Law Cours, Chapel Sree, Blackpool, Lane, FY RJ is open between 104m and 4pm Monday to Friday. When coresponding with
Produced by:TROGAN
N24 General Form of Judgment or Order ] ol ‘CIRO6S
POL00118218
POL00118218
General Form of Judgment or In the
Order BLACKPOOL
County Court
To the Claimant’s Solicitor Claim Number I CR101947
Claimant Post Office Counters Ltd
(including ref.) NJK SJH JW
Weightman Vizards Defendant Mrs J Wolstenholme
41 Spring Gardens (including ref.)
Manchester
M2 2BG Date 08 July 2003
14427 MANCHESTER 2
Before DISTRICT JUDGE BRYCE sitting at Blackpool County Court, The Law Courts, Chapel Street, Blackpool,
« je FY1 S5RJ.
Upon hearing Solicitor for the Claimant and the Defendant in person
IT IS ORDERED THAT
1) Claimant do by 4pm on July 21st 2003 serve on Defendant copies of relevant computer logs from June 2000 until
November 2000.
2) There be simultaneous exchange of statements of lay witnesses by 4pm on August 8th 2003.
3) Witness statements to stand as evidence in chief and a party is not permitted to adduce evidence from any witness
whose statement has not been exchanged in accordance with this order, without permission of the Court.
4) It appearing to the Court that archive material on the computer may have been destroyed, it is directed that
a) Claimant solicitors so make further enquiries and copy any correspondence to Defendant
pParties make enquiries of expert as to whether an opinion can be given using only computer logs.
5) Matter be listed for a further CMC hearing at Blackpool County Court, The Law Courts, Chapel Street, Blackpool
on September Sth 2003 at 10:00am with a time estimate of 30 minutes.
6) Costs in case
Dated 07 July 2003
‘The court office at BLACKPOOL County Court, The Law Courts, Chapel Street, Blackpool, Lancs,
the court, please address forms or letters to the Court Manager and quote the claim number. Tel:
Produced by:/BEAVAN
N24 General Form of Judgmentor Order I [o) + CIRO6S
‘4pm Monday to Friday. When corresponding with
POL00118218
POL00118218
General Form of Judgment or In the
Order BLACKPOOL
County Court
To the Claimant’s Solicitor Claim Number I CR101947
Claimant Post Office Counters Ltd
(including ref.) NIK SJH JW
Weightman Vizards Defendant Mrs J Wolstenholme
41 Spring Gardens (including ref.)
Manchester
M2 2BG
Date
14427 MANCHESTER 2
Before DISTRICT JUDGE BUCKLEY sitting at Blackpool County Court, The Law Courts, Chapel Street, Blackpool,
acs, FY1 SRJ.
Upon hearing solicitors for the claimant
IT IS ORDERED THAT
1. The Claimant shall by 4.00pm on 20th October 2003 serve upon the defendant copy statements of all the witnesses
of fact whom they want to call to give evidence and be debarred from calling any witness at the trial whose evidence
has not been so disclosed unless permissison of the Court is first obtained.
2. The Claimant shall by 4.00pm on 20th October 2003 serve upon the Defendant copies of any further documents upon
which they seek to rely.
3. A joint letter on instruction be agreed between the parties by 4.00pm on 17th November 2003 if possible and sent
to the joint expert by 4.00pm on 24th November 2003 by the Claimants solicitors.
4. In the event of the parties failing to agree a joint letter of instruction in accordance with paragraph 3 above or either
_« “de contending that the expert would be unable to assist the court on the limited information available, either or both
des have permission to send their own letter of instruction (with a copy being sent to the other side by 4.00pm on Ist
December 2003) pursuant to CPR 35.8.
5. The matter be listed for Case Management Conference (ELH 1 hour) on 26th January 2004 at 2.00pm.
6. The Defendant shall by 4.00pm on the 17th November 2003 file at court and sérvé upon the Claimant all the witness
statements of fact (including her own statement) verified by a statement of truth.
7. Costs in the case.
Dated 06 October 2003
‘The court office at BLACKPOOL County Court, The Law Courts, Chapel Street, Blackpool, Lancs,
the court, please address forms or letters to the Court Manager and quote the claim number. Tel:! :
Produced by:MAND
N24 General Form of Judgment or Order CHRO6S
dd 4pm Monday to Friday. When corresponding with
POL00118218
POL00118218
* General Form of Judgment or : I In the ‘
Order BLACKPOOL
. County Court
To the Claimant’s Solicitor Claim Number I CR101947
Claimant Post Office Counters Ltd
(including ref.) NIK SJH JW
Weightman Vizards Defendant Mrs J Wolstenholme
41 Spring Gardens (including ref.)
Manchester
M2 2BG
Date 12 March 2
14427 MANCHESTER 2 arch 2004
Before DISTRICT JUDGE BUCKLEY sitting at Blackpool County Court, The Law Courts, Chap
~ ancs, FY1 5RJ.
at
SEE ATTACHED ORDER
Dated 08 March 2004
‘The court office at BLACKPOOL County Court, The Law Courts, Chapel Street, Blackpool, Lancs, FY 1 5RJ is open between, 10am. pm Monday to Friday. When corresponding with
the court, please address forms or letters to the Court Manager and quote the claim number. Teli
N24 General Form of Judgment or Order \ 1@) q
Produced by:TROGAN
In The Blackpool County Court Claim No: CR101947
ORDER
POST OFFICE COUNTERS LIMITED Claimant
MRS J. WOLSTENHOLME Defendant
On Monday, 8th March 2004
DISTRICT JUDGE BUCKLEY sitting at Chapel Street Blackpool Lancashi
the solicitor for the Claimant, and the Defendant in person (assisted by her 4
McKenzie Friend) and
ordered that:
1)
2)
3)
4)
5)
6)
1)
Permission be granted to the parties to use and rely upon the joint expert’s
written report of Jason Coyne, a computer expert.
Questions to the expert shall be sent by the 5" April 2004 and replies be given
within 28 days thereafter.
Pre-trial check lists are dispensed with.
The Claim shall be listed for trial at 10:00 am on the next available dates after the
7" June 2004 with a time estimate of three days. Each side is directed to file non-
availability dates with the Listing Officer from the 7" June 2004 to the 31°
December 2004 by 4.00 p.m. on the 15" March 2004.
The trial will be heard at Blackpool County Court, Chapel Street Blackpool
Lancashire. The hearing may be moved to a different court or judge, in which
case you will be notified.
The parties shall exchange skeleton arguments at least ten working days before
the hearing.
Not more than seven nor less than three clear working days before the trial, the
Claimants shall file at court an indexed and paginated bundle of documents which
complies with the requirements of Rule 39.5 of the Civil Procedure Rules and the
practice direction thereto, and shall serve a copy of it on the Defendant. The
parties shall endeavour to agree the contents of the bundle before it is filed. The
bundle shall also include:
a) a case summary of not more than 500 words;
b) a chronology;
c) a statement of the issues to be decided by the Court;
d) skeleton arguments of all parties;
‘8th March 2004 Page 1 of 2 DISTRICT JUDGE BUCKLEY
R101947 Civil Directions Template v2.54
ake)
POL00118218
POL00118218
POL00118218
POL00118218
) copies of all authorities and relevant extracts of any authoritative texts or other
sources which any party or expert witness intends to rely on or refer to.
8) The costs of today shall be part of the costs to be dealt with at the end of the
claim.
8th March 2004 Page 2 of 2 DISTRICT JUDGE BUCKLEY
R101947 Civil Directions Template v2.54
WV)
POL00118218
POL00118218
Notice of Trial Date In the
ae BLACKPOOL
ra County Court
To the Claimant’s Solicitor Claim Number I CR101947
Claimant Post Office Counters Ltd
(including ref.) I NJK SJH JW
Weightman Vizards Defendant Mrs J Wolstenholme
41 Spring Gardens (including ref.)
Manchéster
M2 2BG Date 23 April 2004
14427 MANCHESTER 2
The trial listed for Sth to 7th July be and is vacated
1e trial of the above claim will now take place at 10:30 AM
on 16, 17 and 18 August 2004
at I Preston County Court, Openshaw Place, Ring Way, Preston, PR1 2LL
Any application in the case must be made to the court where the case is to be tried.
Date 23 April 2004
Please note: This case may be released to another Judge, possibly at a different Court.
The court office at BLACKPOOL County Court, The Law Courts, Chapel Street, Blackpool, Lanes,
‘he court, please address forms or letters to the Court Manager and quote the claim number. Te
ia Produced by:LINDAG
172 Notice of Trial Date ‘CyRO2B-
No
4pm Monday to Friday. When corresponding with
POL00118218
POL00118218