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This is the 1994 issue of the
standard subpostmaster contract,
amended to incorporate all contract
variations issued since 1994.
This version is purely for internal
administrative use within Post
Office Ltd and it has never been
issued to subpostmasters who hold
instead the 1994 issue and,
separately, the issued contract
variations. Whilst its content is
accurate, therefore, it is not held by
subpostmasters in this format
John Legg
Contracts Policy manager
8'" January 2008
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POST OFFICE LTD
SECTION 1
SUBPOSTMASTERS’ CONTRACT AND STATUS
CONTRACT
1.
The contract is a contract for services and consequently the
Subpostmaster is an agent and not an employee of Post Office 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 Ltd, and
pay also at his own expense, any assistants he may need to carry on
Post Office Ltd business.
The hours of attendance (liable to variation) are:-
to to
to to on Sundays
to to
to to on Bank
Holidays
to on week to
days
to on Public
Holidays
to on days, except when registered items or parcels
are on hand for despatch, when it may be necessary
to attend at PM.
The Subpostmaster is not obliged to attend the Post Office® branch
personally but he is required, whether he is there or not, to accept full
responsibility for the proper running of his Post Office® branch 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 Post Office® branch being well
managed and the work performed properly to the satisfaction of Post
Office Ltd.
The Subpostmaster is informed at the time of his appointment of the
classes of business he is required to provide. He must also
undertake, if called upon to do so later, any other class of business
not required at the time of his appointment but which Post Office Ltd
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10.
11.
12.
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may subsequently and reasonably require him to do, except that Post
Office Ltd may not require him to undertake Mailwork where the
Subpostmaster did not undertake to do so as part of the terms of his
appointment.
If Post Office Ltd alters the services to be provided or withdraws a
service the Subpostmaster has no claim to compensation for any
disappointment which may result from the change.
The terms of the appointment of Subpostmaster do not entitle the
holder to be paid sick or annual leave, pension or to compensation
for loss of office.
If on resignation of his appointment the Subpostmaster disposes of
his private business and/or premises in which the Post Office®
branch is situated, the person acquiring the private business and/or
the premises or exchanging contracts in connection with the
purchase of the private business and/or premises will not be entitled
to preferential consideration for appointment as Subpostmaster.
Should the Subpostmaster desire to resign his office he must give
three calendar months notice in writing failing which he shall be liable
to bear any expense incurred by Post Office Ltd in consequence.
The Agreement may be determined by Post Office 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 Ltd on not less than three months
notice.
The Subpostmaster will display a vacancy notice in the Post Office®
branch window at the time of his resignation if so required by Post
Office Ltd.
The Subpostmasters’ initial remuneration will be in accordance with
the official figures of business found to be warranted at the time.
PO RULES & POSTAL INSTRUCTIONS
13.
14.
15.
SECTIONS 1-23 contain the general terms of a Subpostmasters’
appointment. Post Office Ltd issues the Subpostmaster with rules
and Postal Instructions which deal with the various classes of Post
Office® Business to be transacted at his Post Office® branch.
The rules provided for the instruction and guidance of
Subpostmasters must be kept up to date. They must be carefully
studied and applied. No breach of rules will be excused on the
grounds of ignorance.
Operational rules are intended for the instruction and guidance of
both the Subpostmaster and the Post Office® branch Assistants
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16.
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which he employs at his Post Office® branch. The Subpostmaster
must ensure that his Post Office® branch Assistants carry out their
duties in accordance with the rules and instructions affecting their
respective duties.
Certain Postal Instructions are supplied to Mailwork offices for the
use of the postmen employed there and should be kept in a position
where they are readily available for reference. These particular
instructions and rules do not apply to Subpostmasters.
Duties - The principal duties at present required have been marked
on the following list:-
Sale of Postage Stamps. Filling and clearing of Stamp-Selling
Machines. Treatment of Postal Packets including Overseas Parcels
Despatch and receipt of Mails
Business connected with:
Postal Orders Telephone Accounts
Pension Allowances Telephone Saving
Saving Certificates Stamps
Savings Bank, Government Stock National Insurance
and Annuities Premium Savings
Television Licences Bonds
Television Licence Savings Stamps Local Taxation
Motor Vehicle Licence Saving Licences
Stamps Girobank
Community Charge
CONTRACT - CHANGES AND AMENDMENTS
18.
Changes in conditions of service and operational instructions,
including those which are agreed with the National Federation of Sub-
Postmasters, will appear from time to time in Counter News or by
amendment to the Contract. Such changes and instructions are
deemed to form part of the Subpostmaster’s contract.
POST OFFICE LTD
19.
All instructions received from Post Office Ltd should be carried out as
promptly as possible.
END
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POST OFFICE LTD
SECTION 2
REMUNERATION
GENERAL
fl.
The Subpostmaster is paid according to the amount of work which
is transacted at his Post Office® branch. All remuneration is in
respect of the provision of Post Office® services.
FREQUENCY OF PAYMENT
2
Remuneration is paid monthly, by bank credit transfer, during the
period of the Subpostmaster’s appointment, in accordance with the
provisions of the remuneration booklets referred to below.
COMMERCIAL BRANCHES AND SMALL BRANCHES
3.1
3.2
3.3
3.4
The method of calculating a Subpostmaster’s remuneration will
depend on whether his Post Office® branch is designated by
Post Office Ltd from time to time as either a “Commercial Post
Office® branch” or a “Small Post Office® branch” in
accordance with the provisions of the remuneration booklets
issued by Post Office Ltd from time to time for each category of
branch.
The remuneration system applicable to Subpostmasters of
each category of branch is set out in these remuneration
booklets. The remuneration booklets also contain the rates of
remuneration applicable to each category of branch.
Post Office Ltd may revise the remuneration rates set out in
the remuneration booklets (in whole or in part) from time to
time following consultation with the National Federation of
Subpostmasters. Any such revisions will be communicated to
Subpostmasters.
Post Office Ltd may also revise other parts of the remuneration
booklets (including the definitions of Commercial and Small
Post Office® branches and the remuneration system
applicable to them) from time to time, following negotiation with
the National Federation of Subpostmasters. Any such
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revisions will be communicated to Subpostmasters. Where
appropriate, revised versions of the booklets will be distributed
to Subpostmasters.
3.5 The remuneration booklets (and any revisions to them) form
part of the Subpostmaster’s Contract.
SEASONAL POST OFFICE ® BRANCHES
4. I Where a Post Office® branch is regularly open for part of the year
only, remuneration will be paid for the period of opening only.
SUBPOSTMASTER’S PERSONAL BUSINESS
5. Full credit is normally allowed for the personal Post Office®
business of a Subpostmaster and members of his household, but
Post Office Ltd reserves the right to withhold credit for part of such
business at its discretion.
PROHIBITIONS
6. The delivery of stamps or postal orders or other items of business
at the premises of persons, firms or companies is forbidden.
Remuneration may be withheld in respect of any business obtained
by a Subpostmaster in breach of this clause.
QUESTIONS ABOUT REMUNERATION
7 If a Subpostmaster considers that the provisions of this Section
have not been correctly applied in the case of his branch he should
contact the People and Oraanisation Development Services
department on:: GRO :
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POST OFFICE LTD
SECTION 3
SUBPOSTMASTERS’ ABSENCE FROM OFFICE
GENERAL
A Subpostmaster, under the terms of his contract, is not obliged to
render personal service and is therefore free to absent himself from the
office, provided he makes suitable arrangements for the conduct of the
office during his absence.
He should notify People and Organisation Development Services
on form P2593 when he will be away for a period of more than 3 days
and give the name of the person substituting for him.
A Subpostmaster’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 Post Office® branch. He must make
proper provision, at his own expense, for the conduct of the office while
he is away, but assistance towards the cost of his own substitution is
provided, in respect of certain absences, under the terms outlined in
other relative sections listed below:-
SECTION 4 Absence on holiday
SECTION 5 Absence on Territorial Training
SECTION 6 Absence for Jury Service
SECTION 7 Sick Absence Scheme
END
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POST OFFICE LTD
SECTION 4
ABSENCE ON HOLIDAY - HOLIDAY SUBSTITUTION ALLOWANCE
1.
A Subpostmaster is not entitled to annual leave as such, but subject
to the following conditions he may claim for reimbursement of the
necessary cost of his substitution when taking a holiday. To qualify
for reimbursement, the Subpostmaster must be able to certify that
he renders on average not less than 18 hours personal services
each week.
The reimbursement of the costs of substitution is paid as Holiday
Substitution Allowance and the maxima payable are published
annually in Counter News. The sum reimbursable is the net
additional cost necessarily incurred by the Subpostmaster in
providing during his own absence for the Post Office® duties which
he normally performs.
To assist Subpostmasters to overcome the difficulties sometimes
experienced in obtaining suitable substitutes in a particular year the
holiday substitution allowance extends over a period of 2 years. The
holiday periods for which the costs of substitution are payable are:-
For a Subpostmaster with less than 10 years service; a total not
exceeding 7 weeks in a period of 24 months beginning 1 April in
every odd year; 7 weeks for this purpose consist of 42 weekdays
plus not more than 7 associated Sundays.
For a Subpostmaster with 10 years or more aggregated service; a
total not exceeding 8 weeks in a period of 24 months beginning 1
April in every odd year; 8 weeks for this purpose consists of 48
weekdays plus not more than 8 associated Sundays.
NOTE: Subject to the above limits on holiday periods, Subpostmasters
may claim reimbursement of substitution costs for absences of less than
3 days, provided that claims are aggregated and made quarterly.
6.
Proportionate adjustments will be made to the period for which
reimbursement can be claimed when a Subpostmaster qualifies for
the higher allowance during the 2 year cycle.
Subject to the limits in paragraphs 3,4 & 5, a Subpostmaster is free
to take up to the maximum of the period for which he may claim
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holiday substitution allowance at any time during the 2 year cycle
provided that he makes suitable arrangements for the conduct of the
office during his absence. A further cycle will recur in every odd
year.
8. The Subpostmaster must do his best to find his own substitute and
make all necessary arrangements for his absence, which should be
notified to People and Organisation Development Services on form
P2593. In cases of difficulty Post Office Ltd or the Secretary of the
local branch of the National Federation of Sub-Postmasters may be
able to give the names and addresses of local people known to be
willing to offer their services as holiday reliefs to Subpostmasters.
Responsibility for concluding arrangements with such people
remains with the Subpostmaster concerned.
CLAIMS FOR REIMBURSEMENT
9. The Subpostmaster must submit a formal claim for reimbursement
of the holiday substitution allowance on forms P2340 and P2340(A)
(obtainable from People and Organisation Development Services)
within three months of the end of the period of substitution to which
the claim relates, except in the cases as in paragraph 10 where
claims should be submitted quarterly. He must certify:-
9.1 that he has taken a holiday both from the Post Office®
branch and from his private business during the whole
period covered by the claim; and
9.2 that in respect of the services he provided as
Subpostmaster, he has actually and necessarily incurred
additional expenditure equating to the amount claimed, in
respect of a paid substitute or substitutes. Payment will
not be made in respect of substitution by family members
who work in the Post Office® branch unless their
involvement is occasional or, if regular, minimal.
10. Claims for reimbursement of substitution costs for absences of less
than 3 days (see Note at paragraph 5) should be submitted on form
P2340 and P2340(A at the quarter end, showing the separate dates
of absence and the costs of substitution incurred.
In addition to the arrangement quoted above, with effect from
January 1990 all claims for reimbursement of the cost of employing
a substitute for periods longer than 2 days in the event of holiday or
11.
12.
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sickness, should be submitted for payment to the Regional Office
no later than six months following the date the claim is made.
Where a Subpostmaster is employed by Royal Mail Group plc either
on a full or part-time basis, e.g. Auxiliary Postman, it is essential, in
view of the terms of the certificate required as a condition of
reimbursement of the cost of his substitution as Subpostmaster, that
he should be absent from all Royal Mail Group plc work during his
holiday as Subpostmaster.
A Subpostmaster who holds more than one Post Office® branch
appointment and who satisfies the general conditions entitling him to
claim reimbursement must also satisfy the further condition that he
is absent from all his Post Office® branches at the same time, i.e.
irrespective of the number of Post Office® branch appointments
held, he shall only be entitled to claim reimbursement for a total
period of:-
12.1. not more than 7 weeks in the 24 months beginning 1
April in every odd year, if he has less than 10 years
service;
12.2 not more than 8 weeks in the 24 months beginning 1
April in every odd year, if he has 10 years or more
aggregated service.
Only one claim for reimbursement is admissible and not one claim
per office held.
14.
Reimbursement of the cost of annual holiday warranted under the
foregoing rules will be suitable restricted in respect of a
Subpostmaster’s first and last 2 years of appointment to amounts
proportionate to the actual periods of appointment during those
years; any overpayments which may thus occur will be recovered
subsequently.
PREPARATION OF CASH ACCOUNTS DURING ABSENCE ON
15.
HOLIDAY
A Subpostmaster is allowed to dispense with the preparation of
cash accounts on up to 3 occasions in each accounting/financial
year during his own absence on holiday. On one occasion a cash
account may cover up to 3 weeks transactions, and on two
additional occasions 2 weeks transactions. Alternatively, on two
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16.
17.
18.
19.
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occasions a cash account may cover up to 3 weeks transactions.
In no circumstances may two occasions be consecutive.
Applications to dispense with cash accounts should be made on
form P2639, to the National Business Support Centre (NBSC) at
least 3 weeks before the date of absence, but they can only be
allowed when the 2 or 3 weeks involved fall within the same
accounting period. (The accounting periods are shown in front of
the cash book).
“Despatch of Accounts’ instructions to cover the period concerned
will be supplied by FC4.3/CAG Chesterfield and for Scotland,
Scottish Accounting Office AD1.
It will not be possible to dispense with 2 consecutive cash accounts
when one or both of them, or the next account that would be due, is
for longer than a normal cash account week, e.g. Christmas and
New Year. However, applications to dispense with one account at
such times will be considered.
Where a cash account is prepared during the Subpostmaster’s
absence on holiday and is signed by a substitute on his behalf, a
note to this effect should be made on the Account.
END
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POST OFFICE LTD
SECTION 5
ABSENCE - TO ATTEND TERRITORIAL, FORCES RESERVE, ETC..
TRAINING
1. A Subpostmaster who renders an average not less than 18 hours
personal services each week may be reimbursed with the cost of
providing a substitute, up to the maximum of the appropriate Holiday
Substitution Allowance in force, for an additional period of absence
of up to 12 working days and 2 associated Sundays in each year, to
attend for training at a Territorial, etc., camp.
2. Claims should be made on form P2340 and P2340(A on which the
Subpostmaster must certify that he has spent the whole period
covered by the claim in full-time training with the force concerned
and that he has actually and necessarily incurred additional
expenditure to the amount claimed. In all other aspects, the
conditions relating to the payment of Holiday Substitution Allowance
apply (see Section 4).
3. A Subpostmaster who enlists for whole time service in HM Forces is
required to resign his appointment.
4. Territorial, etc. forces which are recognised for the purposes of
reimbursement of additional substitution costs are:-
ARMY
Regular Army Reserve of Officers
Army Reserve - Section D
Territorial Army
ROYAL NAVY
Royal Navy Reserve
Royal Naval Auxiliary Services
Royal Naval Retired and Emergency List Officers
Royal Marines Reserve
Royal Fleet Reserve
Women’s Royal and Naval Reserve
Queen Alexandra’s Royal Naval Nursing Services Reserve.
ROYAL AIR FORCE
Royal Auxiliary Air Force
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Royal Air Force Volunteer Reserve
Royal Air Force Reserve of Officers
Royal Air Force Reserve - Class E
Princess Mary’s Nursing Service Reserve
Royal Observer Corps
END
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POST OFFICE LTD
SECTION 6
ABSENCE FOR JURY SERVICE
1. A Subpostmaster who receives a summons to serve on a jury
should notify Post Office Ltd immediately, and should inform them
of the arrangements which he proposes to make for the conduct of
the work of the Post Office® branch in his absence.
2. Where exceptionally the Subpostmaster is unable to find a
substitute and the Post Office® branch is temporarily closed on
account of the absence of the Subpostmaster on jury service, the
scale payment for the period of the closure will be withheld.
3. Subpostmasters attending for jury service should claim from the
court any allowances for which they are eligible in respect of
travelling and subsistence and, where appropriate, compensation for
loss of remuneration. If a Subpostmaster is in need of advice of the
allowances to which he will be entitled, he should seek it from the
official responsible for the issue of the summons.
END
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POST OFFICE LTD
SECTION 7
SUBPOSTMASTER’S SICK ABSENCE SCHEME - SUBSTITUTION
ALLOWANCE
A Subpostmaster is not required to give personal service and is not
entitled to sick leave as such. However, subject to certain
conditions and limitations described below, he is entitled to claim
sick absence substitution allowance, in respect of the costs of
substitution necessarily incurred, when he is absent from his Post
Office® branch through illness.
CONDITIONS AND LIMITATIONS
2.
All Subpostmasters who give 18 hours or more personal service a
week and who are not over 70 years of age, who are absent from
their Post Office® branch through illness, are eligible to claim Sick
Absence Substitution Allowance. The maxima rates payable are
published from time to time. The allowance is payable subject to,
and in accordance with, the following conditions:-
The allowance will be payable when the period of any continuous
sick absence amounts to three weeks (21 days including Sundays)
or more and it will be paid retrospectively for all but the first week
(seven days including Sunday) of absence.
Payment of the allowance will be limited to an aggregated period of
13 weeks (91 days including not more than 13 associated Sundays)
in any consecutive period of 12 months.
Where a Subpostmaster is incapacitated by an accident or illness
which results, or is likely to result, in a continuous absence beyond
13 weeks, Post Office Ltd may authorise payment of the allowance
to be extended up to a maximum period of 26 weeks (182 days
including not more than 26 associated Sundays) in any one period
of 12 months. Where a Subpostmaster has already received up to
12 weeks of the Sick Absence Substitution Allowance entitlement in
the previous 12 months he may, because of an absence resulting
from an extended illness, be entitled to an allowance up toa
maximum of 26 weeks in any one period of 12 months.
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Where a Subpostmaster’s period of reimbursement of sick absence
substitution costs is extended beyond 13 continuous weeks, such
extension will be reviewed periodically. Under no circumstances will
a Subpostmaster be allowed to aggregate separate periods of sick
absence beyond 13 weeks in any one period of 12 months.
The maximum allowance payable will be the total amount calculated
by applying the Subpostmaster’s appropriate Holiday Substitution
Allowance rate for the period for which sick absence allowance is
payable, or the actual additional costs of substitution incurred for the
same period, whichever is less.
The maximum amount of the allowance for the period of absence for
which an allowance is payable will be abated, where applicable, by
the Incapacity Benefit or Maternity Allowance and Jobseekers’
Allowance received by the claimant in respect of the same period.
Details of these, on the Official Benefit Agency forms, should
accompany the Subpostmaster’s claim for the substitution allowance
(see paragraph 10). Where however, a Subpostmistress receives a
NHS Maternity Grant, the substitution allowance should not be
reduced by the amount of that grant.
Incapacity Benefit is a social security benefit for people who are
incapable of work because of an illness or disability, and who are
not entitled to SSP, or have already had all the SSP they are entitled
to. Where a Subpostmaster is not eligible for social security benefit,
a medical certificate should accompany the claim for payment of the
substitution allowance.
Subpostmasters holding more than one Post Office® branch
appointment will be entitled to claim the allowance in respect of only
one appointment.
Any Subpostmaster who qualifies for the sick absence substitution
allowance and can produce evidence to show that substitution costs
were incurred should submit a claim to People and Organisation
Development Services after he has been absent for three weeks.
Thereafter he should claim the allowance at the end of each
subsequent period of absence of four weeks (or at the end of the
period of absence if that is reached earlier). Claim forms will be
supplied by People and Organisation Development Services on
request
PERIODS OF SICK ABSENCE OF LESS THAN 3 WEEKS
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11. Where an eligible Subpostmaster as defined above is absent sick
for a period of less than three weeks, and does not qualify for
payment of the sick absence substitution allowance, he will be free
to claim, in respect of any substitute for him, Holiday Substitution
Allowance for the period of absence up to the limit of any
outstanding balance of his HSA entitlement. Form P2340 and
P2340(A should be used by Subpostmasters when making these
claims. The amounts payable will not be subject to abatement of
any national insurance sickness benefit received. Any period of sick
absence for which HSA (as distinct from Sick Absence Substitution
Allowance) is paid will count against HSA entitlement.
END
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POST OFFICE LTD
SECTION 8
STATUTORY SICK PAY SCHEME
INTRODUCTION
1.
Under the terms of the Social Security and Housing Benefits Act
1982 employers are responsible for statutory sick pay arrangements
in respect of their employees. An employee is interpreted as
including office holders who receive emoluments liable for income
tax under Schedule E. Subpostmasters come within this category
and consequently Post Office Ltd is obliged to comply with the
conditions of the Act.
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 Incapacity 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 Ltd. SSP is paid at a flat rate. There are 2
weekly rates and eligibility depends on an employee’s average
earnings over a specified period. There are no allowances for
dependants. SSP is taxable and subject to NI contributions.
EXCLUSIONS
4.
A Subpostmaster will not get statutory sick pay if he comes within
one of the following groups. If a Subpostmaster falls within one of
these groups he should still notify Post Office Ltd about his
sickness.
A Subpostmaster reaches the end of his entitlement to SSP from
Post Office Counters when:
(a)Subpostmasters who already had twenty eight weeks of SSP
from Post Office Ltd in a tax year in any one period of incapacity
for work (referred to as PIW)(linked or unlinked);
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(b)his linked PIW with Post Office Ltd has run for 3 years;
(c) she is pregnant and reaches the “disqualifying period”;
(d)his contract for service ends;
(e)Subpostmasters who fall sick in a country outside the EEC;
(
f) he is no longer incapable of work, i.e. he returns to work or
stops sending certificates of incapacity;
(g)he is taken into legal custody.
QUALIFYING CONDITIONS
5.
Statutory Sick Pay can only be paid for qualifying days. It has been
agreed with the National Federation of Sub-Postmasters that
qualifying days for Subpostmasters will be those days they are
normally required to provide the services detailed in Section 1 of this
contract. Where Subpostmasters are required to give services for
only part of the day, that day will count in full for statutory sick pay
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 confirmation from People &
Organisation Development Services.
The entitlement of a Subpostmaster to SSP, rests on 6 qualifying
conditions, all of which must be fulfilled.
(a) The Subpostmaster must have notified Post Office Ltd of his
absence;
(b)Days sickness must be days of incapacity;
(c) The Subpostmaster must provide evidence of incapacity;
(d) Period of incapacity for work (PIW) must be formed and PIW
consist of 4 or more consecutive days, including Saturdays,
Sundays and Public Holidays, when a Subpostmaster is
incapacitated for work. It is immaterial for this purpose whether
or not the Subpostmaster would normally have worked on those
days. PIW’s which are separated by 8 weeks (56 calendar
days) or less are linked and count together as a single PIW;
(e)When a Subpostmaster falls into one or more of the
categories listed below he will be excluded from receiving SSP;
(i) he is excluded from receiving SSP. A Subpostmaster
who has been excluded cannot return to SSP entitlement
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during the course of a PIW, nor at the start of a PIW which
links with a previous one during which he was excluded
even though he ceases to be a member of an excluded
group.
(ii) Over age 65;
A Subpostmaster who is over 65 is excluded from SSP.
However, if when a Subpostmaster reaches age 65 he has
a PIW which links with a previous one, he will be entitled to
SSP for as long as his PIW’s continue to link.
(iii) Short contract workers;
A Subpostmaster whose contract for services is for a
specified period of 3 calendar months or less is excluded
from SSP. However, if the contract does not at first exceed
3 months, but a Subpostmaster works past the time stated
in the contract so that the total period worked becomes
more than 3 calendar months the employee becomes
entitled to SSP as soon as it is known that the total period
will be more than 3 calendar months.
(iv) Low average earnings;
A Subpostmaster whose average earnings are less than the
lower earnings limit for NI contribution liability is not entitled
to SSP. When one PIW links with a previous one, the first
day in the earlier PIW is used for calculating an employee’s
average earnings.
(v) Recent State benefit entitlement;
A Subpostmaster who has received, or in some cases
claimed but not received, certain State benefits within the 8
weeks period before the first day of a PIW is not entitled to
SSP. The benefits are:
- Incapacity Benefit;
- Severe Disablement Allowance;
- State Maternity Allowance (but not Statutory
Maternity Pay);
- Jobseekers Allowance
(vi) No work done;
A Subpostmaster how has done no work under a contract
for service is not entitled to SSP under that contract. If he is
a new appointee and he falls sick before taking up his
appointment, he is not entitled to SSP. However, if he takes
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up his appointment, but goes sick on the second day, he is
entitled to SSP if he fulfils the other qualifying conditions
(vii) Trade dispute;
If a Subpostmaster is participating in a stoppage of work
due to a trade dispute, he may be excluded from SSP.
(viii) Pregnancy;
There is a “disqualifying period” during which the
Subpostmistress is not entitled to SSP. The “disqualifying
period” begins, at the earliest, with the 11th week before the
expected week of confinement and runs for 26 weeks. This
is the same as the period for entitlement to state or statutory
maternity pay to which the Subpostmistress is entitled
provided she fulfils the appropriate conditions.
(ix) Already been due 28 weeks SSP from former
employer(s);
A Subpostmaster is excluded from SSP if he gives Post
Office Ltd a leaver’s statement (SSP 1(L)) showing that he
has been due 28 weeks SSP from his former employer(s)
and the gap between the first day of the PIW (with the new
employer) and the last day of SSP shown on the leaver’s
statement is 8 weeks or less.
(x) Abroad outside the EEC;
A Subpostmaster who is abroad outside the EEC at the
start of a PIW is not entitled to SSP. He is excluded even it
the PIW links with a previous one when he was in the UK.
(xi) Legal custody.
A Subpostmaster who is in legal custody on the first day of
a PIW is not entitled to SSP. “Legal custody” means that
the person concerned is detained, usually arrested and/or in
prison. A person who is voluntarily helping Police with their
enquiries is not excluded. A Subpostmaster in legal
custody is not entitled to SSP even if his PIW links with a
previous one when he was not in legal custody.
(f) Days of incapacity to be a qualifying day.
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If a Subpostmaster becomes incapable of work part way
through a day, that day cannot count as a qualifying day
unless he has not commenced work on that day.
NOTIFICATION OF SICKNESS
7.
A Subpostmaster or his representative must inform Post Office Ltd
by telephone of his incapacity for work on or before his first working
day of sickness irrespective of whether he is entitled to statutory sick
Pay.
Subpostmasters, including those nominated by limited companies,
who hold more than one appointment, must notify People &
Organisation Development Services who are responsible for the
collection of primary National Insurance contributions in respect of
his appointments. (See section 10, paragraph 1)
If a Subpostmaster is late in giving notification of sickness, he
should advise Post Office Ltd of the reason for the delay. If Post
Office Ltd 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 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 sickness
be sent a form SSP11 (E) by People & Organisation Development
Services.
EVIDENCE OF SICKNESS
10.
11.
Subpostmasters must provide Post Office Ltd with evidence of
incapacity for work by means of either a doctor’s medical certificate
of by a self certificate if the incapacity is less than eight days. A
proforma to be used for self certification can be obtained from
People & Organisation Development Services.
Subpostmasters must notify People & Organisation Development
Services when they cease to be sick.
END OF ENTITLEMENT TO STATUTORY SICK PAY
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12. When a Subpostmaster has exhausted his entitlement to statutory
sick pay he will be sent a form SSP1 (T), on which, if he is still sick,
he can claim social security benefits.
RULES OF PAYMENT
13. In accordance with the Act, Post Office Ltd is obliged to abate any
remuneration due by the appropriate amount of statutory sick pay.
The effect of this will mean that for the first eight weeks of sickness,
remuneration will be paid in full and that statutory sick pay will be
regarded as “notional”. Consequently although statutory sick pay
will be regarded as “notional” the total remuneration paid to the
Subpostmaster will continue to attract income tax and National
Insurance contributions in full.
DUAL EMPLOYMENT
14. Ifa Subpostmaster who is sick is also employed either by Royal Mail
Group plc (e.g. as an Auxiliary Postman) or another employer, and
provided National Insurance contributions are paid separately for
each employment and all other conditions are met, he must claim
statutory sick pay in respect of both his Subpostmaster services and
other employment(s).
SICK ABSENCE SUBSTITUTION SCHEME
15. The provisions of this Scheme, which are set out in Section 5,
remain except that no claim will be entertained unless People &
Organisation Development Services have been properly notified of
the Subpostmaster’s sickness. Claims for reimbursement for up to
28 weeks’ sick absence will not be subject to abatement in respect
of Statutory Sick Pay. Claims for reimbursement for a period of
sickness which does not attract statutory sick pay will continue to be
subject to abatement.
END
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POST OFFICE LTD
SECTION 9
RESIGNATION AND RETIREMENT
RESIGNATION
1.
A Subpostmaster who wishes to resign his appointment must give 3
calendar month’s notice in writing. If he does not give such notice
Post Office Ltd may require him to pay any expense which it incurs in
providing temporary arrangements to cater for the business which
would normally be expected to be transacted at the Post Office®
branch during any part of the 3 month notice period.
RETIREMENT
2. There is no specific age limit for the retirement of a Subpostmaster.
3. Unless indicated otherwise by Post Office Ltd, a vacancy will be
advertised at the existing Post Office® branch premises.
4. Subpostmasters at offices earning 125,050 units or more are
required to make an introductory payment to Post Office Ltd as a
condition of appointment.
END
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POST OFFICE LTD
SECTION 10
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 regarded as
employed earners and are liable to pay Class 1 National Insurance
contributions.
Class 1 contributions comprise 2 parts:-
(a)the Primary contribution which is generally known as the
employee’s contribution;
(b)the Secondary contribution which is generally known as the
employer's contribution.
PERSONS TAKING UP APPOINTMENT AS A SUBPOSTMASTER
2.
All persons taking up an appointment as a Subpostmaster should
supply the Regional General Manager with their National Insurance
number by means of a NI number card, form P45 and/or P60 (see
leaflet NI217) and also any current certificate of Earner’s
non/reduced rate liability that they have. Where for one reason or
another a new Subpostmaster does not supply a NI number the
action outlined in the Employer's Guide to National Insurance
Contributions (NP15) will be followed.
CONTRACTING OUT
3.
Under the Social Security Act 1975, pensions for retirement,
widowhood and invalidity consist of 2 parts:-
(a) basic pension;
(b) and additional pension related to an employee’s reckonable
earnings between the lower earnings limit and the upper
earnings limit.
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An employer may contract his employees out of that part of the
State Scheme which provides an additional pension if the
Occupational Pensions is satisfied that his occupational pensions
scheme meets the conditions required by the Act. As
Subpostmasters are not employees of Royal Mail Group plc they are
ineligible to belong to any of Royal Mail’s Occupational Pension
schemes, and therefore are not contracted out of the State Scheme.
CONTRIBUTIONS
5.
Her Majesty’s Revenue & Customs (HMRC) leaflet NP15
“Employer's Guide to National Insurance Contributions” gives a
guide to the contribution arrangements.
Provided that earnings reach or exceed the lower earnings limit, a
Subpostmaster will be liable to pay primary contributions on all
earnings up to the upper earnings limit at:-
(a)the standard rate; or
(b)the reduced rate (see paragraph 8); or
(c)is not liable for contributions because he/she is over pension
age or has made other arrangements (see paragraph 9).
MARRIED WOMEN AND WIDOWS
7.
There is no longer a right to choose to pay reduced rate
contributions. However, a woman entitled to pay at the reduced rate
for the 1977-78 tax year continues to be able to do so for
subsequent years unless:-
(a)she revokes her election;
(b)as a married woman her marriage ends in divorce or
annulment;
(c)she becomes a widow and after the initial period becomes
entitled to widow’s benefit;
(d)during 2 consecutive tax years which fall after 5 April 1978
she was neither liable to pay a Class 1 contribution nor was self-
employed.
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HMRC will provide a certificate authorising deductions of a Class 1
contributor’s contribution at the reduced rate. As Post Office Ltd will
be held responsible for any deficiencies in contributions, deductions
will be made at the standard rate unless the Subpostmistress
produces a valid certificate.
NON LIABLE SUBPOSTMASTERS
8.
No contributions are payable by men over 65 or women over 60 and
in such circumstances HMRC will normally issue a certificate of age
contribution. This is held by Post Office Ltd as evidence and
returned when the contract for services ceases.
The Secondary contribution (see paragraph 2) is due at the same
rate regardless of the Subpostmaster’s rate of contribution or even
where he is non liable.
ARREARS OF REMUNERATION
10. Arrears of remuneration resulting from a revision or other payments
di.
made to adjust remuneration paid in an earlier month, will be treated
as part of the total remuneration in the month in which the payment
is made, regardless of the period for which they are proper to. This
applies whether or not the additional payments are made regularly.
Where arrears of remuneration are due to a former Subpostmaster
national insurance contributions will be calculated from the weekly
contributions table published by HMRC.
DEATH OF SUBPOSTMASTERS
12. Contributions are not payable on any remuneration that might be
due to a Subpostmaster’s estate after his death.
HOLIDAY AND SICK ABSENCE PAYMENTS
13. Contributions are not due on any payments made under the holiday
substitution or Sick Absence Substitution schemes because all
payments are made in respect of specific costs incurred.
SICKNESS BENEFITS
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14.
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NI Contributions continue to be payable when a Subpostmaster who
is sick continues to receive his scale payment. NI
sickness/industrial injury benefits received are not assessable for NI
contribution.
SUBPOSTMASTERS WITH MORE THAN ONE EMPLOYMENT
15.
Primary Class 1 contributions are normally payable in respect of
each job including other Post Office® branch appointments for
which earnings exceed the lower earnings limit, unless a current
Certificate of Exemption (RD950) has been received from HMRC.
Even where a form RD950 is held, Post Office Ltd is obliged to
collect Secondary Class 1 contributions.
SUBPOSTMASTERS SUSPENDED FROM OFFICE AND THEIR
16.
SUBSEQUENT REINSTATEMENT
Any payment withheld during suspension and subsequently paid
upon reinstatement should be treated as part of the total
remuneration in the earnings period in which it is paid regardless of
the periods to which it relates. The NI contribution rate current at
the time of payment should be applied.
CHANGES IN NATIONAL INSURANCE STATUS
17.
18.
In the event of a change or impending change in national insurance
status, a Subpostmaster should consult his local HMRC office as
soon as possible.
The following are regarded as changes in status:
(a)WOMEN:
Divorce In these circumstances the Subpostmistress
must advise
Annulment HMRC and Post Office Ltd
Marriage
Widowhoo See paragraph 8
d
Re-
marriage
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Retirement Towards the beginning of the tax year in which
age a woman reaches age 60 and again at the
approach of the 60th birthday, a
Subpostmistress will be asked to consult
HMRC so that a certificate of age exception
may be issued if appropriate (see also
paragraph 9).
(a) MEN:
Retirement At the approach of the 65th birthday the
age Subpostmaster will be asked to consult HMRC
so that a certificate of age exception may be
issued if necessary (see also paragraph 9).
DEFERMENT OF NORMAL RETIREMENT DATE
19. In all 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 HMRC leaflet
NI92 - or where he wishes to cancel his deferment, the
Subpostmaster should be asked to consult his local HMRC office so
that the necessary arrangements can be made and certificates of
age exception obtained.
RESIGNATION/TERMINATION OF APPOINTMENT
20. When a Subpostmaster resigns or has his contract terminated the
Guaranteed Minimum Pension will be preserved by HMRC.
MARRIED WOMEN AND WIDOWS
21. There will be no Guaranteed Minimum Pension (GMP) for a married
woman or a widow who has retained the right to pay the reduced
rate of NI contribution.
CANCELLATION OF ELECTION TO PAY AT REDUCED RATE
22. When a married woman or widow revokes her election to pay NI
contributions at the reduced rate the GMP will accrue only on the
contributions she pays after revoking her election.
ACTUAL EXPENSES INCURRED
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23. Subpostmasters who are asked by Post Office Ltd to give details of
the expenditure which they incur in providing Post Office® services
should do so with all haste. Such information will be restricted to
Post Office Ltd and HMRC.
END
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POST OFFICE LTD
SECTION 11
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 Post Office Ltd 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 LTD PERSONNEL CRIMINAL INJURY
COMPENSATION SCHEME
The scheme has application to Subpostmasters and their registered
Post Office® branch 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 Post Office® branch
Assistants are those:-
(a) whose commencement of employment has been reported to the
Post Office Ltd on form P250 and thereafter recorded on form
P356W at 1 April each year as being employed on Post Office®
work full-time, part-time, occasionally, or
(b) whose employment as a temporary Assistant or
Subpostmaster’s substitute has been reported to Post Office Ltd
on form P250.
Also covered is DISAPPEARANCE, if any of the categories of the
people in (2) above is missing as a result of criminal activity, and is
presumed dead, a claim can be made subject to:
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(a) satisfactory evidence supporting the disappearance being
supplied.
(b) there is no reason to believe otherwise and
(c) aperiod 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;
(d) war risks.
CONDITIONS
The maximum benefit payable to one individual in one insurance year is
£60,000 irrespective of the number of incident/claims which may have
occurred. If the maximum benefit is paid to one individual in one
insurance year no further liability rests with Post Office Ltd. Post Office
Ltd’s liability for a series of claims in any insurance period for the same
person, shall not exceed the maximum benefit (£60,000).
5.1 Any benefits payable under Parts 2 and 3 of the Schedule of
Benefits, will only be paid on receipt of a DSS Medical Assessment,
confirming permanent disablement Data to be supplied to Royal Mail
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
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given. Benefits payable are subject to the overriding maximum of
£60,000.
5.2 Benefits may be paid for more than one disability listed in Part 3 of
the schedule of benefits, provided that the total amount received does
not exceed the maximum benefit of £60,000.
5.3 Any benefit Payable under Part 3 and/or 4 of the Schedule of
Benefits will be deducted from the maximum benefit (£60,000), if the
individual concerned subsequently dies, or suffers permanent total
disablement as a result of the injuries received in the incident(s).
5.4 Any payment made under Part 4 of the Schedule of Benefits, can
be made in advance of the settlement of a claim under Parts 1, 2 or 3 of
the schedule but is subject to an overriding maximum benefit of
(£60,000).
Benefits under Section 4 may be paid up to, but not exceeding 104
weeks, for total disablement arising from a criminal attack while collecting
cash from the bank for authorised Post Office® business.
Payments may be made:-
(a) atthe end of the period(s) of total disablement; or
(b) at the injured persons request, at the end of at least four weeks
total disablement and thereafter at four weekly intervals, if
requested.
Payments are subject to the provision of medical and any other
relevant information as requested by Post Office Ltd.
5.5 Disablement or Partial loss not specified in the schedule of
benefits.
The percentage benefit will be in accordance with the 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 Ltd’s Agent, (Group Treasury) Roland Hill House,
Boythorpe Road, Chesterfield, Derbyshire, S49 1HQ. Claim forms are
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available from Post Office Ltd or the Headquarters of the National
Federation of Sub-Postmasters, Evelyn House, 22 Windlesham
Gardens, SHOREHAM BY SEA, West Sussex, BN34 5AZ.
EVIDENCE
7. All certificates and information shall be sent to Post Office Ltd’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, Post Office Ltd reserves the right to
take such disputes to an independent insurance broker for arbitration.
9. Income Tax is not payable on any benefits under the scheme.
THE GOVERNMENT’S SCHEME
10. Compensating victims for crimes of violence is administered by the
Criminal Injuries Compensation Board, whose address for ENGLAND
and WALES is Whittington House, 19 Alfred Place, LONDON WC1E
7EA, and for SCOTLAND is Blythswood House, 200 West Regent Street,
GLASGOW G2 4SW Details of scheme can be obtained from the
Board, Office of the Department of Social Security, Department of
Employment and Productivity and Citizens Advice Bureaux. Injuries
which occur in Northern Ireland, the Channel Islands and the Isle of Man
are outside the scope of the government scheme.
(APPENDIX 1 FOLLOWS)
34
APPENDIX 1
SCHEDULE OF BENEFITS
1. Death
2. Permanent total Disablement resulting in
inability to follow any occupation
3. Loss of/loss of use of limb(s) etc. and
permanent disability in accordance with the
following permanent disabilities:-
PERMANENT TOTAL DISABLEMENT
Total loss of sight of both eyes
Total incurable insanity
Loss of both arms or both hands
Complete deafness of both ears of traumatic origin
Removal of lower jaw
Loss of speech
Loss of one arm and one leg
Loss of one arm and one foot
Loss of one hand and one foot
Loss of one hand and one leg
Loss of both legs
Loss of both feet
Loss of one eye
Complete Deafness of one ear
UPPER LIMBS
Loss of one arm or hand
Total loss of thumb
Partial loss of thumb (ungual phalanx)
Total amputation of forefinger
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£60,000
£60,000
expressed
asa
percentage
of £60,000
100%
30-40%
20%
LEFT/RIGH
T
60%
30%
10%
14%
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
LOWER LIMBS
Amputation of thigh (upper half)
Amputation of thigh (lower half) and leg
Total loss of foot (tibio-tarsal disarticulation)
Partial loss of foot (sub-ankle-bone disarticulation)
Partial loss of foot (medio-tarsal disarticulation)
Partial loss of foot) (tarso-metatarsal disarticulation)
Shortening of the lower limb by at least 5cm
Shortening of the lower limb by at least 3 to 5cm
36
11%
9%
35%
30%
12%
30%
45%
50%
12%
7%
expressed
asa
percentage
of £60,000
80%
70%
30%
30%
30%
20%
40%
40%
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Shortening of the lower limb by 1 to 3cm
Total amputation of all toes
Amputation of four toes including big toe
Amputation of four toes
Amputation of big toe
Amputation of two toes
Amputation of one toe other than the big toe
Benefit from other injuries will be paid according to DSS assessment all
occurring within 24 months of bodily injury or incident giving rise to a
claim.
Total disablement arising from criminal attack whilst collecting Post
Office® cash from the Bank, entirely preventing the injured person from
engaging in, or giving attention to his/her usual occupation - £200 per
week, for each full week (one week = 7 days).
END
37
40%
20%
14%
9%
14%
5%
3%
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POST OFFICE LTD
SECTION 12
RESPONSIBILITY FOR POST OFFICE® STOCK AND CASH
CREDIT STOCK OF STAMPS ETC.
1. The Subpostmaster on taking up his appointment is supplied with
suitable Post Office® stock, the amount of which is fixed by Post Office
Ltd.
CASH BALANCE
2. I The Subpostmaster is permitted to hold Post Office Ltd cash
normal to meet payments at his Post Office® branch after due allowance
has been made for expected receipts and in accordance with official
accounting and security instructions.
3. I The Subpostmaster is expressly forbidden to make use of the
balance due to Post Office Ltd for any purpose other than the
requirements of the Post Office® service; and he must, on no account
apply to his own private use, for however short a period, any portion of
Post Office 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 Ltd cash may render the offender liable to prosecution and, or, the
termination of his Contract of Appointment.
ACCOUNTS
4. I The Subpostmaster must ensure that accounts of all stock and
cash entrusted to him by Post Office Ltd are kept in the form prescribed
by Post Office Ltd. He must immediately produce these accounts, and
the whole of his Post Office® branch cash and stock for inspection
whenever so requested by a person duly authorised by Post Office Ltd.
SECURITY OF CASH, STAMPS ETC.
5. The Subpostmaster is held strictly responsible for the safe custody
of cash, stock of all kinds and other Post Office 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.
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6. The Subpostmaster is responsible for maintaining a standard of
security sufficient to enable him to meet the obligations laid on him by
paragraph 5 for the safe keeping of Post Office 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 Post Office Ltd.
7. In deciding the standard of security which it would be reasonable to
require under paragraph 6 Post Office Ltd will have regard to (a) the
circumstances in which the 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
Post Office® branch which appear to be relevant.
8. 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.
9. I The Subpostmaster must be careful to keep his stocks of all kinds
in such a manner that they remain in good condition. The stocks must
be protected against damp and dust.
10. Datestamps used for authenticating documents (e.g. Postal
Orders) or stamping correspondence must be kept in a position on the
counter where they are out of reach of members of the public. When not
needed for work they must be locked away.
11. Precautions should be taken to guard against the risk of fire.
LOSSES
12. The Subpostmaster is responsible for all losses caused through his
own negligence, carelessness or error, and also for losses of all kinds
caused by his Assistants. Deficiencies due to such losses must be made
good without delay.
13. The financial responsibility of the Subpostmaster does not cease
when he relinquishes his appointment and he will be required to make
good any losses incurred during his term of office that may subsequently
come to light.
GAINS
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14. Surpluses may be withdrawn provided that any subsequent charge
up to the amount withdrawn is made good immediately.
THEFT OR BURGLARY
15. Ifa theft or burglary is committed or attempted at a Post Office®
branch, whether or not official cash or stock is stolen, the facts must be
reported at once to the Police and to Post Office Ltd by the person who
first makes the discovery.
MISSING OR STOLEN STOCK
16. 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 Post Office Ltd.
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 Post
Office Ltd
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 Post Office Ltd.
(APPENDIX 1 FOLLOWS)
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APPENDIX 1
ACCIDENTAL LOSS
If at any time any items of stock (including stock of no intrinsic value such
as motor vehicle licences) is found to be missing. Steps must be taken
at once to ascertain what has happened to the missing items. The serial
numbers must be ascertained (see 2(a)) and verified by examination of
items in stock, and the requisition forms examined to discover whether or
not any of the items purport to have been issued out of sequence. All the
requisition forms for the previous 3 months must at the same time be
impounded and held for instructions. If, after careful search, the missing
items cannot be found and are thought to have been mislaid only, or
inadvertently destroyed, a preliminary report of the loss giving the serial
numbers of the items in question must be sent to Post Office Ltd.
STOLEN ITEMS
1. If as aresult of burglary, break in, theft, or suspected theft any
items of stocks are missing the facts should be reported as quickly
as possible to Post Office Ltd.
2. The further details which will be required, and which should be
obtained and submitted to Post Office Ltd at the earliest
opportunity, are as follows:
(a)The denominations, total values and serial numbers of
missing or stolen items, so far as they are known, with serial
numbers of any remaining stocks.
(b)A statement as to whether the date stamp of the Post Office®
branch has been stolen, and if so, particulars of the type in it
when stolen. If the date stamp has not been stolen a statement
should be given which should intimate whether there is a reason
to believe that it has been used upon the stolen items.
(c)A specimen impression of the date stamp and, if it was
stolen, particulars of the type in it when stolen.
(d)A statement of the circumstances which are thought to show
that a theft has been committed and of the supposed date, time
and method of commission. It should include, if possible, written
report from the person who last saw the missing items and the
person who first discovered the loss. The former should say
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when the items were last seen, in what place and in what kind of
receptacle (locked or unlocked) they then were. The latter
should state how and when the loss was discovered and
describe exactly the condition of the place and of the receptacle
from which the items were apparently taken.
(e)Particulars of any cheques, including the transaction for
which they were accepted.
END
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POST OFFICE LTD
SECTION 12A
RESPONSIBILITY FOR THE SAFEGUARDING OF THE MAIL
1.
The Subpostmaster is responsible for the safekeeping of any letter,
parcel, packet or other item transmissible by post which is
conveyed, received, sorted, collected, delivered or otherwise
handled in accordance with the provisions of this Contract (defined
hereinafter as a “Postal Packet”) whilst such Postal Packets are in
his custody, and he must take all reasonable measures to protect
them from delay, loss, theft, damage and/or interference of any
kind.
Security instructions issued and amended (where necessary to
minimise the risks referred to in paragraph 1 above) from time to
time by Post Office Ltd set out the procedures which the
Subpostmaster must follow in relation to the collection, handling,
conveyance and delivery of any Postal Packet. Failure by the
Subpostmaster or any of his Assistants to follow any such
procedure will be deemed to be a breach of condition of this
Contract by him, and Post Office Ltd reserves the right to take
appropriate action in the circumstances.
INFORMATION/REPORTING REQUIREMENTS
3.
The Subpostmaster acknowledges that Post Office Ltd views every
incident of damage to, theft or loss of, or interference with, a Postal
Packet as being very serious in nature. The Subpostmaster must
therefore report as soon as possible to Post Office Ltd every such
incident in the manner set out in Section 15, or as may otherwise
be required by Post Office Ltd.
END
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SECTION 13
PREMISES
1. The Subpostmaster must, at his own expense, provide premises in
which such reasonable office accommodation and fittings as Post Office
Ltd may require are made available for carrying on the Post Office®
business.
TENANCY
2. The Subpostmaster must hold the premises either as owner or on
a tenancy subject to at least one quarter’s notice. Exceptions are
sometimes allowed as to tenancy where the premises are owned or held
on a suitable tenancy by the spouse of the Subpostmaster or where the
Post Office® branch is transferred to a near relative of a Subpostmaster
of long service who holds the premises on a suitable tenancy.
3. The Subpostmaster must also at his own expense:-
- clean, decorate and maintain the Post Office® branch premises
inside and out to a good standard;
- light and heat the Post Office® branch premises;
- exhibit the Post Office® branch title (i.e. “. .. POST OFFICE®”) in
large painted letters in a prominent position outside the building.
- in Wales exhibit an external bi-lingual sign “Syddfa’r Post®/Post
Office®”;
- if required, provide convenient space for a letter box;
- if required, provide, where no security screen of a type approved by
Post Office Ltd already exists, for the installation of such a screen.
Post Office Ltd will provide and pay for the components of the
screen and the Subpostmaster will be responsible for its erection to
the satisfaction of Post Office Ltd and for its maintenance. On
installation the screen will become the property of the
Subpostmaster.
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ALTERATIONS TO POST OFFICE® BRANCH PREMISES,
ACCOMMODATION
4. I The Subpostmaster must not, without the prior agreement of Post
Office Ltd:-
- move the Post Office® branch to premises other than those in
which it was situated at the time of his appointment;
- alter the accommodation for carrying on the work of the Post
Office® branch from that agreed at the time of his appointment.
NOTICES, PUBLICITY ETC.
5. I 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 Post Office Ltd, and
- other notices and leaflets, as required by Post Office Ltd.
6. I The Subpostmaster must permit Post Office Ltd to provide (in
addition to a security screen - paragraph 3) any improvements in the
standard of security which it decides to be necessary and for which it is
prepared to pay.
RESITING OF POST OFFICE® SECURITY EQUIPMENT
7. Where any agreed re-arrangement of the Post Office® branch
accommodation and/or fittings - see paragraph 4 - involves the
moving of Post Office® security equipment the Subpostmaster’s
contribution to the cost of doing so will be decided as follows:-
NATURE OF ALTERATION CONTRIBUTION
REQUIRED OF
SUBPOSTMASTER
(a Subpostmaster wishes to improve Post NIL
) Office® accommodation and Post Office Ltd
agrees improvement is desirable.
(b Subpostmaster has no alternative but to NIL
) move his premises or alter them to meet
requirements beyond his control.
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(c Subpostmaster wishes to re-arrange his 50%
) private accommodation, which will neither
increase nor improve the Post Office®
accommodation, but will require security
equipment to be moved.
(d Subpostmaster wishes to re-arrange his 80%
) private accommodation, which will reduce
Post Office® accommodation, though not to
a level unacceptable to Post Office Ltd, but
security equipment will need to be moved.
The above scale is intended as a rough guide only and Post Office Ltd
has discretion to fix the level of contribution according to the
circumstances of each particular case.
RESIDENCE
8. I A Subpostmaster who does not reside on the premises must satisfy
Post Office Ltd that he has made proper provision for the safety of Post
Office Ltd cash and stock entrusted to his care. If residential
accommodation is associated with the Post Office® branch the
Subpostmaster must inform Post Office Ltd if he does not occupy it
himself, or if he ceases to do so, and must immediately inform Post
Office Ltd if at any time it becomes vacant.
MAILWORK OFFICES
9. — At Mailwork Post Office® branches where Royal Mail employees
work on the premises, the Subpostmaster will in addition be required to
provide at his own expense:-
- Access to lavatory facilities;
- Facilities for washing, including a supply of hot water, e.g. a kettle
of hot water where running hot water is not available;
- Hat and coat pegs;
- Facilities for making tea, if required;
- Adequate lighting and ventilation;
- Adequate heating in winter.
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10. The Subpostmaster as occupier of the premises, is required to
provide most of the above facilities under the provisions of the Offices,
Shops and Railways Act 1963. It is likely that the presence of postmen
on the premises will require the Subpostmaster, as occupier, to comply
with other provisions of this Act. In addition duties are laid down in
Sections 3 and 4 of the Health and Safety at Work Act 1974, as regards
persons not in his employment. Bearing in mind that the responsibility is
his, it is in the Subpostmaster’s best interest to be aware of the various
requirements of these Acts.
ADVERTISEMENTS
11. Atitle, which might suggest that Post Office Ltd is concerned in the
management of the Subpostmaster’s private business, such as “Post
Office Stores”, must not be used.
12. No advertisement may be exhibited in the part of the premises
used for Post Office® business which relates to:-
alcoholic liquors (for or against);
- betting, gambling and football pools;
- any illegal business or matter;
- any controversial matter, an advertisement for which might
suggest that Post Office Ltd supported one side or the other;
- any commercial business which operates services of a kind
conducted by Post Office Ltd.
13. Otherwise Post Office Ltd is not concerned with the display of
commercial advertisements in the Post Office® branch providing that
they are not placed in such position as to impair the security or the
facilities for transacting Post Office® business. In cases of doubt the
matter should be referred to Post Office Ltd.
END
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POST OFFICE LTD
SECTION 14
HOURS OF BUSINESS
INTRODUCTION
1. The actual hours of opening of any individual Post Office® branch
are set by Post Office Ltd in accordance with the following rules.
The Subpostmaster must not without permission vary the hours of
public business set by Post Office Ltd.
STANDARD COUNTER HOURS OF SERVICE
2. The standard hours during which the Subpostmaster may be
required to open his Post Office® branch in order to transact all kinds of
Post Office® business appropriate to it are:
Monday - Friday 0900-1730
Saturday 0900-1230 or 1300 (depending on local
circumstances)
LUNCH TIME AND HALF DAY CLOSURE (MONDAY TO FRIDAY)
3. At the Subpostmaster’s request Post Office Ltd may authorise the
closure of an office within the times stated in paragraph 2:-
3.1. For up to 1 hour at lunch times, at times agreed
between Post Office Ltd and the Subpostmaster.
3.2 On 1 afternoon per week (normally Tuesday,
Wednesday or Thursday but, in exceptional circumstances
Monday to Friday) from 1300 onwards.
EXTENDED HOURS
4. Where a Subpostmaster wishes to conduct Post Office business
outside standard hours, Post Office Ltd will consider such requests taking
into account the normal shopping pattern in the locality and the proximity
of other Post Office® branches.
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5. Where Post Office Ltd considers non standard hours may be more
appropriate for a particular office but the Subpostmaster disagrees, the
Subpostmaster may if he wishes trial a rearrangement of the opening
hours. A trial period should not extend beyond three months.
SUSPENSION OF MID-WEEK HALF-DAY CLOSING DURING THE
CHRISTMAS AND NEW YEAR PERIOD AND (WHERE APPLICABLE)
ON THE THURSDAY PRECEDING GOOD FRIDAY
6. Post Office Ltd may, on its own initiative or at the request of the
Subpostmaster, suspend any mid-week early closing on any day or days
between 18 and 31 December (Christmas Day and Boxing Day excluded)
and on the Thursday before Good Friday. No additional payment will be
made by Post Office Ltd for such opening.
LOCAL HOLIDAYS AND TUESDAYS AFTER BANK HOLIDAYS
7. Post Office Ltd will review the concession under which some Post
Office® branches close on Local Holidays or on Tuesdays after Bank
Holidays. Where this no longer matches customer needs the concession
will be withdrawn.
ADVERTISING OF HOLIDAYS
8. The times at which a Post Office® branch is closed for National or
Local holidays should be prominently advertised at the Post Office®
branch concerned.
PAYMENT FOR THOSE PERIODS OUTSIDE THOSE MENTIONED IN
PARAGRAPH 2 ABOVE - NON MAILWORK OFFICES
9. No additional payment will be made by Post Office Ltd for any
opening outside standard Counters’ hours other than that attracted by
extra business transacted.
END
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SECTION 15
ASSISTANTS
INTRODUCTION
Post Office Ltd must comply with certain obligations in relation to the
Post Office® business, including those of: Postcomm, Ofcom and
Financial Services Authority regulations, and money laundering and
immigration legislation. Some of these obligations require Post Office
Ltd to ensure that its Subpostmasters (and any persons employed or
engaged by Subpostmasters on Post Office® business) are made aware
of, and know how to comply with, the terms of such regulations and
legislation. These requirements have been set out in this
Subpostmaster’s Contract (in particular, but not limited to, this Section 16
and Sections 13 and 17). The obligations placed upon Subpostmasters
are the minimum necessary to ensure that both Post Office Ltd and
Subpostmasters are compliant with the regulations and legislation
mentioned above, and are, in the main, what most Subpostmasters, as
responsible employers, should be doing anyway. The objectives of these
obligations are:
e to ensure that Post Office Ltd complies with the relevant regulations
and legislation, and
e to ensure as far as possible that Subpostmasters do so too, and
that no Subpostmaster suffers from the consequences of failure to
so comply. (This is very important, as those consequences can
include criminal prosecution.)
Subpostmasters have a duty to ensure that they are aware and that they
make their staff aware, of the obligations set out in this Contract.
GENERAL
1. A Subpostmaster must provide, at his own expense, any suitable
assistants with the relevant skills which he may need to carry out the
Post Office® work in his sub Post Office® branch (“Assistants”).
2. Assistants are employees of the Subpostmaster, and the
Subpostmaster will consequently be held wholly responsible for any
failure, on the part of his Assistants, to:
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2.1 apply Post Office® rules or instructions as required by Post
Office Ltd;
2.2 complete any training necessary in order to properly provide
Post Office® Services; and
2.3. comply with the obligations set out below.
The Subpostmaster will also be required to make good any
deficiency of cash or stock which may result from his Assistants’
actions or inactions.
This Section 16 contains the obligations which the Subpostmaster
has to fulfil in relation to the recruitment and employment of each of
his Assistants (which includes any members of his own family).
Where the Subpostmaster fails to comply with any of these terms,
he may be deemed to be in breach of his Contract which will then
be liable to termination. The obligations in this Section 16 are
additional to the Subpostmaster’s responsibility, as the employer of
his Assistants, to comply with the provisions of any legislation and
regulations that impose obligations on employers, providers of
postal services and financial services, or sellers of insurance or
communications products.
RECRUITMENT
The Subpostmaster must establish and maintain a recruitment file
for each Assistant. In order to meet its legal obligations regarding
monitoring of compliance, Post Office Ltd will be entitled to inspect
such recruitment files from time to time upon giving the
Subpostmaster reasonable written notice that they should be made
available for such inspection. The recruitment file should include, in
the format of the Recruitment Checklist at Appendix 3 to this
Section 16, a comprehensive record of all checks carried out in
relation to the recruitment, selection and employment of any person
applying to him for employment as an Assistant ( defined in this
Contract as the “Applicant’).
The Subpostmaster is responsible for carrying out all necessary
checks in order to satisfy himself as to the honesty, integrity and
suitability of any Applicant. He must also take certain steps, as set
out below, in order to satisfy himself as to:
. the right to work in the UK;
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. the identity and permanent National Insurance number;
and
. the address,
of any Applicant.
Proof of Right to Work in the UK
The following procedures are necessary to meet the requirements
of immigration legislation:
Step 1
The Subpostmaster will need to ask all Applicants to provide
documentation that satisfies the criteria listed at Appendix 2 to this
Section 16.
Step 2
The Subpostmaster must satisfy himself that the Applicant is the
rightful holder of any of the documents he presents.
The Subpostmaster must carry out the following reasonable steps
when checking any documents presented by an Applicant:
a) — check any photographs, where provided, to ensure that they
are consistent with the appearance of the Applicant;
b) — check that the dates of birth listed are consistent with each
other and with the appearance of the Applicant;
c) check that the expiry dates are valid and the documents are
still live;
d) check any United Kingdom Government stamps or
endorsements to see if the Applicant is able to do the type of
work he is offering;
e) _ ifthe Applicant gives you, from List 2 of Appendix 2, two
documents that have different names for the Applicant, you
should ask him for a further document to explain the reason
for this. (The further document could be a marriage
certificate, divorce document, deed poll, adoption certificate
or statutory declaration.)
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Step 3
The Subpostmaster should make a photocopy of the following parts
of all the documents shown to him for retention in the recruitment
file:
a) _ the front cover and all of the pages which give the Applicant's
personal details. In particular, the Subpostmaster should
copy: (i) the page with the photograph, and (ii) the page
which shows the Applicant’s signature; and
b) — any page containing a United Kingdom Government stamp or
endorsement that permits the Applicant to do the type of work
the Subpostmaster is offering.
If it is not possible to make the necessary photocopies at the time,
the documents should be retained, copied at the earliest possible
opportunity and returned to the Applicant.
Step 4
List in the Applicant’s recruitment file all documents seen and
copied on steps 1-3 above (e.g. ‘UK Passport — Number
12345678’; or ‘Full birth certificate and a P60 dated 14 April 2005’).
Proof of Permanent National Insurance Number
4.4.1 Unless already provided and photocopied, as part of an
Applicant’s documentation proving his Right to Work in the
UK, the Subpostmaster will need to see a document giving
the Applicant’s permanent National Insurance Number and
name. This could be a: P45, P60, National Insurance card, or
a letter from a Government agency.
4.4.2 The Subpostmaster must then list in the Applicant’s
recruitment file the document seen (there is no need to
photocopy the document if it is provided solely for proving the
NI number).
4.4.3 For the small number of Applicants who are unable to supply
a permanent National Insurance number, they should be
asked to explain why, the reason should be noted and the
Subpostmaster should consider carefully whether to proceed
with the application. Applicants with a genuine reason for
being unable to supply a permanent National Insurance
number (such as Applicants from outside the UK) should be
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advised that they would need to obtain one from the relevant
authorities prior to being appointed.
Proof of Address
The Subpostmaster must see at least one of the following items
showing the Applicant’s name and current address:
Driving Licence
Recent Paid Gas or Electricity Bill
Recent Paid Telephone Bill (not mobile)
Recent Paid Council Tax Bill
Recent Paid Water Bill
Recent TV Licence
e Recent Bank Statement, must be supported by a
credit/debit card
(In relation to the above “Recent” means no more than 3 months
old.)
The Subpostmaster must then list in the Applicant’s recruitment file
the details of the document seen (there is no need to photocopy
the ‘proof of address’ document).
The Subpostmaster must ensure that all recruitment files for
successful Applicants have been correctly annotated and the
associated photocopies have been included to provide proof of an
Applicant’s right to work in the UK. There should be no missing
photocopies, incorrect combinations of documents or incomplete
tick lists.
The Subpostmaster must not confirm an Applicant's appointment
until the criteria have been met and the registration process
outlined below has been completed.
It is the Subpostmaster’s responsibility to ascertain that all
documentation supplied by the Applicant satisfies the criteria.
References
At the recruitment stage, the Subpostmaster will need to obtain at
least 2 references (which must be independent of the Applicant and
of each other) in respect of the Applicant.
4.10 Work History
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The Subpostmaster must obtain a work history from each Applicant
for the immediately preceding 5 years (unless the period in which
each Applicant has worked can be proved to be less than 5 years,
in which case the work history of the full period must be obtained).
It is the Subpostmaster’s responsibility to assure himself of the
validity and accuracy of the details provided by the Applicant.
(Measures to achieve this could include questioning at interview,
and the seeking of references from previous employers).
Honesty, Integrity and Suitability
4.11.1 The Subpostmaster must seek information from each
Applicant about any unspent convictions, including
conditional discharges, for any offence in a Court of Law
(including a Youth Court or Court Martial) or any caution,
reprimand or warning. The Subpostmaster must also seek
information from each Applicant about any pending criminal
proceedings in which the Applicant might be involved. The
Subpostmaster must also seek information from each
Applicant about mis-selling of any product or service or lack
of integrity in any form of employment involving selling.
4.11.2 In order to help prevent the employment of unsuitable
or dishonest persons on Post Office® work, the
Subpostmaster must, before the Applicant begins
employment with the Subpostmaster, complete the
registration process detailed at 4.11.3 below (defined in this
Contract as the “Registration Process”). Under no
circumstances must the Subpostmaster employ an Assistant
before the Registration Process is completed and the
Subpostmaster has received clearance from Post Office Ltd
to employ that Assistant. All Assistants must be registered,
including members of the Subpostmaster’s family who may
only occasionally work in the Post Office® branch. Holiday
reliefs also need to be registered.
4.11.3 The Registration Process
(i) To register an Applicant as an Assistant the
Subpostmaster must complete forms P250 and P13. The
text of form P250 is at Appendix 1 to this Section 16. The
text of form P13 is at Appendix 1 to Section 17. In
addition the Applicant must complete and sign a Security
Checks Consent Form. The Subpostmaster may obtain
these forms from Post Office Ltd.
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(ii) Form P250. The Subpostmaster must complete and sign
Section 1; the Applicant must complete and sign Section
2. The Subpostmaster must then submit the completed
form to the address indicated on it.
The Subpostmaster must ensure that any details referred
to in paragraphs 4.11.1 above and 4.11.5 below about the
Applicant (“Relevant Information”) which have come to his
attention are honestly recorded on the form. This will
enable Post Office Ltd to conduct its own checks into the
background of the Applicant.
(iii) Security Checks Consent Form. The Applicant must
complete this form in his own handwriting and sign and
date it. The Subpostmaster must check that form is
complete and legible and that the personal details shown
on it match those entered on the P250. The completed
form should be sent with the competed P250 to the
address shown on the P250.
(iv) Form P13. If the Subpostmaster is satisfied that the
identity, character, history and suitability of any Applicant
will not cause him to breach any of the obligations in this
Contract he must require that the Applicant makes a
personal declaration on form P13 prior to commencing
work in the Post Office® branch. Two copies of this form
must be completed, one of which must be kept by the
Applicant, and the other should be sent, with the
completed P250 and the completed Security Checks
Consent Form, to the return address on the P250. Both
the Subpostmaster and the Applicant must sign the P13.
(v) Pre-employment checks will be carried out upon receipt
by Post Office Ltd of the relevant forms, which should be
fully and legibly completed. (These checks can take up to
seven working days.)
(vi) The Subpostmaster will then be informed whether or
not he may employ the Applicant as an Assistant.
4.11.4 Where Post Office Ltd has good reason to believe that
it would not be in its best interests for a particular Applicant to
be engaged upon Post Office® business or to have access to
any part of the Post Office® branch it will be entitled to
require the Subpostmaster to refrain from employing that
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Applicant on Post Office® business if not already employed,
or to ensure that the Applicant is not further employed on
Post Office® business if already employed. If after such a
requirement has been reasonably made by Post Office Ltd
the Subpostmaster continues to employ such Applicant he
may be deemed to be in breach of his Contract as referred to
in paragraph 3 above.
4.11.5 If details of any offences committed by the Applicant
relating to:
(i) the delivery or handling of mail, post or packets; or
(ii) theft or the obtaining of property by deception or fraud;
(iii) I mis-selling of any product or service; or
(iv) lack of integrity in any form of employment involving
selling; or
(v) dishonest conduct of any kind,
come to Post Office Ltd’s attention by any means and Post
Office Ltd notifies this fact to the Subpostmaster the
Applicant will not until further notice be eligible to work on
Post Office® business or any business concerning Royal Mail
Group plc and the provisions of paragraph 4.11.4 above will
apply.
4.12As a general guide no person under 16 years of age should be
employed on Post Office® work, or have access to Postal Packets.
However where there is no reasonable alternative to the part-time
employment of an Assistant under 16 years of age, such
employment is allowed subject to the following conditions:
e no person under the age of 14 years may be employed in any
capacity;
e the Assistant, even if a family member, must be fully registered
with Post Office Ltd in accordance with the provisions of this
Section 16; and
e the Subpostmaster must comply with all relevent legislation
affecting the employment of young persons and children.
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5.1
5.2
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UNSUITABLE PERSONS
During the entire period that an Assistant is employed by the
Subpostmaster, the Subpostmaster will report immediately to Post
Office Ltd any Relevant Information as soon as he becomes aware
of same.
If:
5.2.1 the Subpostmaster does not submit a form P250 prior to the
employment by him of the Applicant; or
5.2.2 the Subpostmaster does not declare on the form P250 any
Relevant Information concerning the Applicant of which he
was aware; or
5.2.3 the Applicant fails any checks carried out internally by Post
Office Ltd; or
5.2.4 the Subpostmaster does not report to Post Office Ltd as soon
as possible any Relevant Information of which he becomes
aware (after submission of a form P250),
the provisions of paragraph 4.11.4 above will apply.
ONGOING REGISTRATION CHECKS
To meet the needs of regulation and legislation Post Office Ltd
must be able to maintain accurate details of all those who work in
Post Office® branches. In addition to completing forms P250 and
P13 when employing new Assistants, the Subpostmaster is,
therefore, required each year to take part in an annual check of
persons employed in Post Office® branches. The current
mechanism for this check is the form P356, which the
Subpostmaster is required to fill out and return. This provides Post
Office Ltd with up-to-date details of the people working in a Post
Office® branch and acts as a monitoring check that every Assistant
has been cleared through the pre-employment checking system. It
is absolutely essential that the Subpostmaster cooperates fully with
this process or any replacement process that Post Office Ltd may
subsequently and reasonably require.
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6.2 The details listed on form P356 for each Assistant, which the
Subpostmaster will need to check for accuracy and amend as
necessary are as follows:
e Post Office® branch name and address, FAD (or Branch)
code
e Assistant's name, date of birth and National Insurance
number
¢ Role type, (e.g. Assistant or holiday relief )
e Date employment commenced and, if applicable, date
employment ceased and reason for leaving
e Relationship to Subpostmaster (if applicable)
e Horizon Log On ID
6.3 Details must be entered on form P356 for every Assistant
7.1
employed by the Subpostmaster, even if he only works
occasionally e.g. as a holiday relief.
TRAINING
Post Office Ltd will:
7.1.1 provide the Subpostmaster with relevant training materials
and processes to carry out the required training of his
Assistants on the Post Office® Products and Services;
7.1.2.inform the Subpostmaster as soon as possible where new or
revised training will be necessary as a result of changes in
either the law or Post Office® Services; and
7.1.3.where appropriate (for instance where clause 7.1.2 of this
Section 16 applies) update the training materials (or
processes) or provide new training materials (or processes)
to the Subpostmaster.
However, it is the Subpostmaster’s responsibility to ensure the
proper deployment within his Post Office® branch of any materials
and processes provided by Post Office Ltd and to ensure that his
Assistants receive all the training which is necessary in order to be
able to properly provide the Post Office® Products and Services
and to perform any other tasks required in connection with the
operation of the Post Office® branch.
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7.2 Where Post Office Ltd has obligations to third parties in relation to
7.3
7.4
certain Post Office® Services (including, but not limited to, financial
transactions (such as bureau de change, sales of insurance and
communications products, and provision of mail services)), the
Subpostmaster undertakes to use his best endeavours to ensure
that his Assistants will not cause Post Office Ltd to be in breach of
such obligations.
Post Office Ltd may request from time to time that where it has
obligations as described above the Subpostmaster should conduct
specific training (whether through written/distance learning that may
require confirmation of completion or via presentations) in relation
to certain Post Office® Services (such as, but not limited to, money
laundering). Failure by the Subpostmaster to arrange for such
training to be properly applied will be deemed to be a breach of the
Contract by him.
Training Policy
7.4.1 The Subpostmaster must formulate a training policy for all his
Assistants, in order to fulfil his obligations in relation to the
safekeeping of any Postal Packets.
7.4.2This training policy should include the following elements:
e the levels of training required to fulfil the obligations referred
to above at 7.4.1;
e the levels of training required according to the differing
responsibilities of, and work undertaken by, the Assistants, in
relation to Postal Packets;
details of the minimum level of training required;
an explanation of how the training is provided;
the frequency with which training is provided; and
details of how training is given, recorded and monitored.
7.4.3 The policy must also ensure compliance with all other
regulatory and legislative requirements.
7.4.4 The Subpostmaster must regularly monitor the
implementation of and compliance with the training policy in
his Post Office® branch.
SECURITY
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8.1
8.2
8.3
8.4
9.1
9.2
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The Subpostmaster must inform each of his Assistants of the
seriousness of any offence of damage or interference to any Postal
Packet.
The Subpostmaster must ensure that his Assistants comply with
the requirements of the Operations Manual, Volume 5 and the
Security Booklet in general - sub sections 3, 4, and 8 in particular,
as they apply to:
e the security of the premises;
e the collection, despatch, conveyance or delivery of mail; and
e the measures to be taken to prevent or detect loss or theft of
or damage to a Postal Packet.
The Subpostmaster must maintain records which can enable him
as far as is reasonably practicable, to identify which of his
Assistants was responsible for the conveyance, receipt, collection,
sortation, delivery or handling of any Postal Packet which may have
been interfered with.
The Subpostmaster must carry out regular assessments of the risk
to Postal Packets at the Post Office® branch.
DISCIPLINE
The Subpostmaster is responsible for:
9.1.1 ensuring that each of his Assistants is made aware of his
obligations in paragraphs 1 and 2 of Section 13 of this
Contract; and
9.1.2 placing identical such obligations directly upon every
Assistant whom he employs on Post Office® business
The Subpostmaster must establish maintain and adhere
consistently to a formal disciplinary policy in respect of any of his
Assistants who fails to comply with his obligations as set out in this
Contract. Where the Subpostmaster already has an established
disciplinary policy for his employees it is simply necessary to
ensure that the policy meets the criteria set out in 9.3 and 9.4
below.
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9.3 The policy referred to in 9.2 above must include at least the
following elements:
9.3.1 an explanation of what constitutes a “failure to meet the
standards of conduct”, and the action to be taken in relation
to such failure;
9.3.2 a description of how the Subpostmaster has conveyed to his
Assistants:
. the fact that a failure to meet the standards of conduct
might also constitute a criminal offence; and
. the action which will be taken in relation to any such
failure;
9.3.3 a provision for the appropriate records to be maintained
detailing any action taken against an Assistant for failure to
meet a required standard of conduct; and
9.3.4 an explanation of:
° how the Subpostmaster identifies consistent failures to
meet the relevant standards of conduct; and
. what remedial action the Subpostmaster will take in the
event of consistent failures being made.
9.4 The Subpostmaster must regularly review :
. the standards of conduct imposed; and
. the disciplinary policy in place.
9.5 The Subpostmaster will keep a formal record of his disciplinary
policy and any exercise by him of it, and Post Office Ltd will be
entitled to request sight of such record from time to time, where it is
reasonable to do so in order to ensure that the Subpostmaster is
complying with his obligations in this respect.
9.6 Where Post Office Ltd believes, in good faith, that a
Subpostmaster has not implemented the disciplinary policy properly
(or at all) against an Assistant, where circumstances justify such
implementation, the provisions of paragraph 3 above will apply.
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10. INFORMATION/REPORTING
10.1 The Subpostmaster must as soon as possible upon becoming
aware of its occurrence, report to Post Office Ltd every incidence of
loss or theft of, damage to or interference with, a Postal Packet
(defined in this Contract as an “Incident’).
10.2 The Subpostmaster must also record in respect of each Incident at
least the following details:
e the date, time and place;
. the number of (or, where not known, a reasonable
estimate of) Postal Packets involved;
. as far as reasonably practicable, the Assistants who may
have participated in the conveyance, receipt, collection,
sortation or delivery of the Postal Packets involved; and
e any other particulars in relation to it (including the factual
circumstances).
(Appendices 1, 2, & 3 follow)
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SECTION 15
APPENDIX 1 FORM P250
ASSISTANTS AT POST OFFICE® BRANCHES
Section 1 of this form should be completed and signed by the Subpostmaster or Franchisee or ‘officer in
charge’ whenever considering appointing an Assistant.
Section 2 of this form should be completed and signed by the prospective Assistant.
(Please note that if more than one change is made to Assistants at the branch, a separate form will need to be
completed for each prospective Assistant.)
SECTION 1 - EMPLOYEE (PLEASE COMPLETE IN BLOCK CAPITALS)
POST OFFICE® BRANCH NAME:
FAD CODE: /
SUBPOSTMASTER’S/FRANCHISEE’S/OPERATOR'S/OFFICER IN CHARGE’S NAME:
ADDRESS TO WHICH THE AUTHORISATION LETTER SHOULD BE SENT:
I have selected (full name in block capitals) as a
prospective Assistant at my branch. I have satisfied myself that his character is satisfactory and I am
satisfied that he is suitable for the relevant duty. I have no reason to suspect that any previous Post
Office® service by the prospective Assistant is not fully stated below.
New Assistant - If the prospective Assistant has previously worked at any Post Office® branches,
please give details below
Branch Position held Start End Reason for leaving
date _I date
I can confirm that I have obtained the following information: (Please give details where appropriate
and refer to your contract with Post Office Ltd for the criteria on suitable evidence required)
e Details of the prospective Assistant's career history over the last 5 years
e Two references (- either one character and one employment reference, or two character
references - but the referees must be independent of the Applicant and of each other).
e Suitable evidence of identity. State Identity evidence seen
« Suitable evidence of National Insurance No. and address. State evidence seen
e Evidence of right to work in the UK. State evidence seen
Proposed start date of Assistant Horizon User ID (e.g. EPROO1) (Do
NOT Enter Any Passwords)
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Subpostmaster/Franchisee/Operator/officer in charge signature:
and name (in block capitals):
Date:
65
SECTION 2-ASSISTANT DETAILS
Title and name in full (Mr/Mrs/Miss/Ms)
Name at birth, if different from above
Date of birth
Town of birth
Country of birth
National Insurance number
Position (e.g.. Assistant/Holiday Relief)
Home address Previous address (If less
than
2 years at present address)
Have you ever been found guilty of any offence (including conditional discharges) in a court of
law (including a Youth Court or Court Martial) or have you received any caution, reprimand
or warning, or have you been involved in any mis-selling or lack of integrity in any form of
selling environment?
Please tick “Yes” or “No”. Yes [] No [J
If the answer is “Yes” give full particulars.
[NOTE: In answering the question please note that it does NOT relate to any
conviction or finding which is treated as spent by virtue of the Rehabilitation of
Offenders Act 1974. If therefore, the only conviction or finding against you is treated
as spent, your answer to the question should be “No”.]
I declare that I have answered all the questions truthfully and fully, and that I am not
aware of any circumstances, which if known to Post Office Ltd, might cause
question to my honesty and suitability.
Signature Date
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NOTE: DATA PROTECTION ACT
Personal Data supplied on this form may be processed, and/or verified by
reference to information already held by Post Office Limited.
Finally, if an existing Assistant is leaving (or has left)
employment at the Post Office® branch the Subpostmaster or Franchisee or
Operator or Officer in Charge, should give details below and ensure that the official
secrets cessation form P301 is completed and returned.
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Name of previous assistant
Last date of
employment
Reason for leaving
Once all the foregoing is complete, please return a) this form, b) the completed
P13, c) the completed Security Checks Consent form, and d) the completed
form P301 (if appropriate) to the following address:
Business Expenses Team (P250’s), People and Organisation Services, Capstan House, 35
Broadway, Salford, M50 2PB
SECTION 15
APPENDIX 2
Proof Of Right To Work In The UK — Acceptable Documents
The Applicant must produce either any one of the documents
shown below in List 1 or two documents from either of the
combinations shown in List 2.
LIST1
A passport showing that the holder is a British citizen, or has
a right of abode in the United Kingdom.
A document showing that the holder is a national of a
European Economic Area country (i.e. Austria, Belgium,
Cyprus, Czech Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia,
Liechtenstein, Lithuania, Luxembourg, Malta, Norway,
Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, The
Netherlands, United Kingdom) or Switzerland. This must be a
national passport or national identity card. (See note *
below).
A residence permit issued by the Home Office to a national
from a European Economic Area country or Switzerland.
(See note * below).
A passport or other document issued by the Home Office
which has an United Kingdom Government or Home Office
stamp or endorsement stating that the holder has a current
right of residence in the United Kingdom as the family
member of a national from a European Economic Area
country or Switzerland who is resident in the United Kingdom.
(See note * below).
A passport or other travel document with a United Kingdom
Government or Home Office stamp or endorsement to show
that the holder can stay indefinitely in the United Kingdom, or
has no time limit on their stay. (See note * below).
A passport or other travel document with a United Kingdom
Government or Home Office stamp or endorsement to show
that the holder can stay in the United Kingdom; and that this
stamp or endorsement allows the holder to do the type of
work you are offering if they do not have a work permit. (See
note * below).
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e An Application Registration Card issued by the Home Office
to an asylum seeker stating that the holder is permitted to
take employment.
(*Nationals from certain states within the Europ Economic
Area (contact the Home Office, on{ «GRO
details) must register with the Home Offi one month
of starting employment; you must advise them to register,
and you will need to provide them with evidence of
employment (e.g. a contract or letter) in order to do so. Once
the Home Office registers your employee you should keep
the registration certificate they send to you. It is a criminal
offence not to register an appropriate employee).
LIST 2
FIRST COMBINATION
A. A document giving the person’s permanent National Insurance
Number and name. This could be a: P45, P60, National Insurance
card, or a letter from a Government agency.
Along with one of the following documents listed in sections
B-H below:
B. A full birth certificate issued in the United Kingdom, which
includes the names of the holder’s parents; OR
C. a birth certificate issued in the Channel Islands, the Isle of Man
or Ireland; OR
D. a certificate of registration or naturalization stating that the
holder is a British citizen; OR
E. a letter issued by the Home Office to the holder which indicates
that the person named in it can stay indefinitely in the United
Kingdom, or has no time limit on their stay; OR
F. an Immigration Status Document issued by the Home Office to
the holder with an with a United Kingdom Government or Home
Office stamp or endorsement indicating that the person named in it
can stay indefinitely in the United Kingdom, or has no time limit on
their stay; OR
G. a letter issued by the Home Office to the holder which indicates
that the person named in it can stay in the United Kingdom, OR
H. an Immigration Status Document issued by the Home Office to
the holder with an with a United Kingdom Government or Home
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Office stamp or endorsement indicating that the person named in it
can stay in the United Kingdom.
SECOND COMBINATION
(i). A work permit or other approval to take employment that has
been issued by Work Permits UK
Along with one of the following documents listed at (ii) or (iii)
below:
(ii). a passport or other travel document with a United Kingdom
Government or Home Office stamp or endorsement to show that
the holder is able to stay in the United Kingdom and can take the
work permit employment in question; OR
(iii) a letter issued by the Home Office to the holder confirming that
the person named in it is able to stay in the United Kingdom and
can take the work permit employment in question
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SECTION 15 APPENDIX 3
Recruitment Checklist
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Applicant’s Full Name
Applicant’s National Insurance Number
YES
NO
(a) At least 2 references obtained?
(b) Evidence of identity seen?
Documents and details:
(c) Evidence of permanent NI Number seen and any necessary
photocopies taken and retained in the Applicant’s recruitment file?
Document and details:
(d) Evidence of address seen? Document and details:
(e) Evidence of right to work in UK seen and all necessary
photocopies taken and retained (including Home Office registration
application if applicable) in the Applicant’s recruitment file?
(OD Has the 5 year work history been seen and verified
if necessary?
(g) Has the Applicant ever been found guilty (including
conditional discharges) of any offence in a court of law (including
a Youth Court or Court Martial)?
(h) If the answer to (g) is “Yes”, has the Relevant Information
been shown in the P250
(0) Has the Applicant received any caution, reprimand or
warning, or has he/she been involved in any mis-selling or lack
of integrity in any form of selling environment?
@ If the answer to (i) is “Yes”, has the Relevant Information
been shown in the P250
(k) Has the P250 been completed in full and sent to the
relevant address?
() Has the P13 been completed in full and sent with the P250?
(m) Has the authorisation for employment of the Applicant
been received?
(n) Date employment as Assistant commenced
POST OFFICE LTD
SECTION 16
DIVULGENCE OF OFFICIAL INFORMATION,
CORRESPONDENCE & INTERVIEWS
DIVULGENCE OF OFFICIAL INFORMATION
1.
The unauthorised disclosure, or use, of any information or
document which has come to the knowledge of a
Subpostmaster or sub Post Office® Assistant through the work
of his Post Office® branch is forbidden. Any such disclosure
may render the offender liable to prosecution.
Neither the Subpostmaster nor his Assistants may disclose
any information regarding Postal Packets except to the
person(s) to whom such Postal Packets are addressed; nor
may they make known information that may come to them
directly or indirectly by means of the Post Office® business
concerning the character, standing, or responsibility of
individuals or firms, or the private affairs of any person.
PERSONAL DECLARATIONS
3.1
3.2
All new Subpostmasters and newly recruited Assistants are
required to sign a Personal Declaration (form P13 attached as
Appendix 1 to this Section 16) which reminds them of the duty
of each of Post Office Ltd and the Royal Mail Group to ensure
that all communications and items entrusted to it reach the
people for whom they are intended promptly and safely. The
Personal Declaration also brings to the notice of
Subpostmasters and Assistants their obligations under the
Postal Services Act 2000. (An extract from this Act is
reproduced at Appendix 2 of this Section 17.)
Every Subpostmaster and each of his Assistants is on
termination of his appointment required to sign a Declaration
(P301) to remind him that the provisions of the Official
Secrets Act continue to apply to him after he has left in
respect of all the information which he has acquired or to
which he has had access by virtue of his position as
Subpostmaster or Assistant. (A copy of form P3071 is at
Appendix 3 of this Section 16.)
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3.3
The Subpostmaster must give each of his Assistants a copy
of form P13 and, upon termination of his appointment form
P301, as a reminder of the importance of the messages they
contain. The duty not to disclose information is imposed by
the Act referred to in 3.2 above - not by any Personal
Declarations. Consequently no Subpostmaster or Assistant
can avoid these legal obligations by refusing to sign a form or
by attempting to revoke or disclaim his signature on the
form(s).
Any request made to the Subpostmaster or his Assistant 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,
Franchisee, Operator or an employee of Post Office Ltd or
Royal Mail Group plc, or which is related to the Post Office®
business or any of its (potential) customers, should be referred
immediately to Post Office Ltd.
CONTACT WITH THE PUBLIC NEWS MEDIA
5.
Each of Royal Mail Group pic and Post Office Ltd has a duty
to safeguard its own interests and those of Persons involved in
Post Office® business in relation to material that is published
in the news media. The Public Relations Department of each
of Royal Mail Group plc and Post Office Ltd is primarily
responsible for
(i) deciding whether Royal Mail Group plc and Post
Office Ltd should enter into public correspondence, and
(ii) ensuring fair and accurate presentation of facts
about Royal Mail Group plc and Post Office Ltd and its
services,
and no other person is entitled to comment publicly on such
matters. In particular, untrue, ill-informed or reckless comment
will be challenged by Post Office Ltd (or Royal Mail Group plc,
as the case may be). While recognising the right of any
individual to comment publicly on matters of general interest,
each of Royal Mail Group plc and Post Office Ltd expects
Subpostmasters and their Assistants who wish to comment
publicly upon matters affecting any member of the Royal Mail
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Group to exercise this right in a responsible manner.
Subpostmasters must ensure, when communicating with the
press or offering comment which may be published, or
broadcast on radio or television, that their comments do not go
beyond the accepted bounds of propriety and are not likely to
cause embarrassment or to mislead the public. Post Office Ltd
should be asked for advice in cases of doubt.
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 above);
(b) views and opinions expressed publicly must not bring Post
Office Ltd or any other Subpostmaster, Franchisee, Operator
or Royal Mail Group plc or its employees into disrepute; and
(c) a Subpostmaster offering unauthorised public comment
must make it clear that he is commenting in his private
capacity and not on behalf of Post Office Ltd or Royal Mail
Group plc.
A Senior Representative (as defined in the national agreement
on facilities for recognised unions) may wish from time to time
to represent the view of the National Federation of Sub-
Postmasters, particularly on matters affecting his
Branch/Committee/Federation. In doing so he must indicate
his position as a Federation spokesman and give his own
name.
Particular care is necessary when offering spontaneous
comment to press or broadcasting reporters or interviewers.
PUBLICATION OF OFFICIAL INFORMATION
9.
No Subpostmaster may, without the permission of Post Office
Ltd, use information derived from official records or experience
for the purpose of publishing any document, book, play or
article, broadcasting on radio or television, producing or
exhibiting a film or photographs, giving a talk or lecture or
taking part in a public discussion.
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CORRESPONDENCE WITH THE PUBLIC
10. A Subpostmaster should not, without the permission of Post
Office Ltd, write to or interview members of the public on Post
Office® matters other than for the purpose of correcting an
error committed at his own Post Office® branch.
OFFICIAL DOCUMENTS AND LEGAL PROCEEDINGS
11. No Subpostmaster may, without permission, make an official
document or a letter from the public, or any other document
that may come into his hands officially, the subject of legal
proceedings.
USE OF OFFICIAL INFORMATION OR POSITION FOR PRIVATE
PURPOSES
12. No Subpostmaster may use his position to further his private
interests, or act in any way which might give rise to the
suspicion that he has used, for private purposes, information
available to him in his capacity as Subpostmaster.
BREACHES TO BE REPORTED
13. A Subpostmaster must report to Post Office Ltd any case in
which there appears to have been a breach of the above rules
by anyone employed by him on Post Office® duties at the sub
Post Office® branch.
(APPENDICES 1-3 FOLLOW)
SECTION 16 APPENDIX 1
FORM P13
PERSONAL DECLARATION TO ROYAL MAIL GROUP (LE.
ROYAL MAIL GROUP PLC AND ITS ASSOCIATED
COMPANIES, INCLUDING POST OFFICE LTD)
ROYAL MAIL GROUP'S OBLIGATIONS
Royal Mail Group must ensure that letters, parcels and all other
communications or items entrusted to it are delivered as addressed
promptly and safely, and that the information in them reaches no
one not entitled to it.
To help Royal Mail Group provide this essential service to the
community, there are important legal requirements which you must
comply with. It is important for you to be aware of and understand
those provisions, not only for your own sake but also in order that
you should not, through any fault or omission on your part, enable
or tempt others to break them.
SAFETY OF POSTAL PACKET
It is a criminal offence to STEAL, DESTROY or DAMAGE a letter,
parcel, mailbag or any other postal packet in course of
transmission by post. It is also an offence to OPEN or DELAY
(without proper authority and reasonable excuse) a letter, parcel,
mailbag, or any other postal packet in course of transmission by
post.
Persons suspected of criminal offences will be subject to
investigation which may lead to prosecution in the Criminal Courts.
Heavy penalties, including terms of imprisonment, are provided for
such offences.
Other misconduct which endangers the safety of a mailbag or
postal packet may lead to termination of employment or
engagement or contract with Royal Mail Group.
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CONFIDENTIAL INFORMATION
You shall neither whilst employed or contractually bound by Royal
Mail Group or engaged in Royal Mail Group’s Business, nor after
that employment or engagement ceases, disclose to any other
person, firm or company, or publish or broadcast or use for your
own benefit or for the benefit of a third party, any confidential
information relating in any way to the activities, operations or
business methods of Royal Mail Group or its business partners,
except as previously authorised in writing by of Royal Mail Group.
Any unauthorised disclosure may amount to a criminal offence.
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APPENDIX 1 - FORM P13 (continued)
OFFICIAL SECRETS ACT
A person may be entrusted with information which is covered by the
Official Secrets Act 1989 whilst engaged on business for the Royal
Mail Group.
Under the Official Secrets Act 1989, it is a criminal offence fora
Government contractor (which means any person or body who is
employed in the provision of goods or services for the Crown)
including any employee of a Government contractor, to: -
e disclose unlawfully any information obtained as a
result of such work without authorisation, and
e fail to safeguard or improperly retain or provide
access to documents or articles containing
information which it would be an offence under the
Act to disclose.
The above conditions apply even when work with Royal Mail Group
ends.
DATA PROTECTION ACT
Any person who handles information about identifiable living people
whether processed electronically or manually may also commit an
offence under the Data Protection Act 1998 if he/she improperly
obtains, holds, uses or discloses any such information.
YOU SHOULD READ THIS DOCUMENT CAREFULLY AND
THEN SIGN YOUR NAME TO THE DECLARATION BELOW.
I HAVE READ AND FULLY UNDERSTAND BOTH PAGES OF
THIS DOCUMENT AND HAVE RECEIVED A COPY TO RETAIN:
Full Name
In the presence of:
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NOTE - The person signing this form should sign with his ordinary
signature in the presence of awitness. [[The
Subpostmaster/Franchisee/Operator/Officer in charge should
witness the signature of persons employed at a sub or
franchise Post Office® branch]]
Retention Period: [
]
SECTION 16 APPENDIX 2
SUMMARY OF EXTRACTS FROM ACTS OF PARLIAMENT
1. Theft Act 1968/Criminal Damage Act 1971
The offences of theft or destruction of a postal packet are
covered by the Theft Act 1968 or Criminal Damage Act 1971.
Persons convicted on indictment for such offences are liable
under the relevant sections of those Acts to imprisonment.
POSTAL SERVICES ACT 2000
2(i) Section 83 - Interference with the mail
Any person engaged in the business of a postal operator
commits an offence if contrary to his duty and without
reasonable excuse he intentionally delays or opens a postal
packet in the course of its transmission by post, or intentionally
opens a mailbag. Persons convicted on indictment shall be
liable to imprisonment for a term not exceeding two years or to a
fine, or both.
2(ii) Section 125(1)
Postal packet means a letter, parcel, packet or other articles
transmissible by post.
2(iii) Schedule 7 Unauthorised Disclosure of Information
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Any person who makes an unauthorised disclosure of
information obtained whilst dealing with work of a universal
service provider, which relates to the affairs of an individual ora
particular business commits a criminal offence.
SECTION 16 APPENDIX 3
FORM P301
NON-DISCLOSURE STATEMENT - OFFICIAL SECRETS ACT AND
CONFIDENTIAL INFORMATION (To be signed by all persons ceasing to be
employed or contractually bound by or engaged in the Royal Mail Groups
Business (ie Royal Mail Group plc and its associated companies including Post
Office Ltd); and by other persons on ceasing to have access to secret
information)
My attention has been drawn to:-
1. the provisions of the Official Secrets Act 1989 (the “Act”) and that under
the Act it is a criminal offence for a Government contractor (which means
any person or body who is employed in the provision of goods or services
for the Crown) including any employee or agent of a Government
contractor, to:
e disclose unlawfully any information obtained as a result of such
work without authorisation, and
e fail to safeguard or improperly retain or provide access to
documents or articles containing information which it would be an
offence under the Act to disclose.
I am fully aware that serious consequences may follow any breach of
these provisions.
2. the fact that I must not disclose to any other person, firm or company, or
publish or broadcast or use for my own benefit any confidential and/or
commercial information relating in any way to the activities, operations or
business methods of the Royal Mail Group, or information obtained whilst
engaged in Royal Mail Group’s business except as previously authorised
in writing by the Royal Mail Group. Any unauthorised disclosure may
amount to a criminal offence.
I understand that the provisions of the Official Secrets Act 1989 and
requirements regarding confidential information may apply to me after my
appointment has ceased;
I hereby declare that I have surrendered any equipment and any document
including any electronic document and back-up disc made or acquired by me
owing to my official position, save such as I have Royal Mail Group’s written
authority to retain.
Full Name (Block
Letters):
Permanent Home Address (incl.
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Date of Birth
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heaving—
Signed in The Presence
POST OFFICE LTD
SECTION 17
SUBPOSTMASTERS’ PRIVATE BUSINESS; BETTING AND
GAMBLING; LICENSED PREMISES; BORROWING AND
LENDING MONEY; POLITICAL ACTIVITIES; CANVASSING FOR
BUSINESS; EMPLOYMENT IN ROYAL MAIL GROUP PLC OR
CIVIL SERVICE.
1. PRIVATE BUSINESS
1.1 The appointment 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 Ltd. The
conditions of the appointment also involve such non-compete
restrictions on the private activities of the Subpostmaster on the
premises in which his Post Office® branch is situated as are
fundamental and necessary to ensure the continued viability of
Post Office Ltd’s nationwide network.
1.2 Itis important to the future of the Post Office® network that all
Subpostmasters support Post Office® products and services. A
Subpostmaster who offers products or services in his private
retail business on the premises in which his Post Office® branch
is situated which compete with Post Office® products and
services can reduce the revenue generated by the Post Office®
branch. This revenue is essential to provide a contribution to
Post Office Ltd’s fixed costs of maintaining the Post Office®
network. Without this contribution, Post Office Ltd might not be
able to sustain the Post Office® network. It is therefore also in
the interests of all Subpostmasters to support this principle.
1.3 It is also in the interests of all Subpostmasters that Post Office
Ltd is able to seek and negotiate business opportunities for the
whole Post Office® network and that it does not allow clients or
suppliers to enter into arrangements directly with selected Post
Office® branches only to the disadvantage of the rest of the
network. This would adversely affect Post Office Ltd’s ability to
maintain the Post Office® network as a whole.
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1.4 Subpostmasters benefit from being part of the Post Office®
network. In addition to payments which Subpostmasters receive
from Post Office Ltd, Post Office Ltd invests in advertising that
brings customers into Post Office® branches, it ensures that
Post Office® products meet regulatory requirements and it
provides customer and business services such as helplines to
support Subpostmasters.
1.5 Accordingly, except as permitted by and in compliance with any
waiver granted by Post Office Ltd in accordance with paragraph
1.11 below, a Subpostmaster must not undertake in a private
capacity, or allow anyone else to undertake on the premises in
which his Post Office® branch is situated, the types of business
listed in paragraph 1. 6 of this section 17 , as amended by Post
Office Ltd from time to time in accordance with paragraph 1.8
below.
1.6 The non-compete restrictions on private business activities on
the premises in which the Post Office® branch is situated are as
follows:
(i) business concerned with the provision of services relating to the
collection, conveyance and/or delivery of letters, parcels and
packages (collectively called “Packets” in this paragraph)
including without prejudice to the generality of the foregoing: the
sale of stamps, pre-paid postage labels and stationery with
prepaid postage; the acceptance, retention, sortation, return and
redirection of Packets (including Packets containing mail order
or other home shopping goods and other Packets); and the
acceptance of payment for such services;
(ii) services for the payment of bills, the collection of payments
(including pre-payments) or the collection of revenue (whether
by the sale of stamps or meter tokens, the charging of budget
keys or by other means) in connection with services for the
supply of water, gas, fixed line telephones, electricity, cable or
satellite television, or local authority services;
(iii) the sale of National Lottery products;
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(iv)
(v)
1.7
1.8
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Banking, Building, Industrial and Provident Society, Friendly
Society or Credit Union business or otherwise making available
banking facilities including, without limitation, cheque-cashing,
bureau de change (including the selling and buying back of
currency, on demand and pre-order services), collecting
deposits or providing withdrawal facilities on behalf of deposit-
takers whether over-the-counter or through an automated teller
machine (ATM) or providing loans, credit cards or other forms of
credit or credit brokerage services but not including the
provision of cash-back transactions or the provision of basic
saving stamp schemes which do not involve the return of cash
to participants in the scheme. For the avoidance of doubt, a
cash-back transaction is the withdrawal of cash via a debit card
scheme, from the account associated with the card used, as
part of a transaction for the purchase of goods or services
through the same scheme; and
any financial services business or otherwise making available
facilities which may compete with the financial services activities
carried on or to be carried on by Subpostmasters at any time for
or on behalf of Post Office Ltd or through Post Office® branches
or which may compromise the regulatory status of Post Office
Ltd (including for this purpose, its Subpostmasters) in its role as
appointed representative of Post Office Ltd’s financial service
product providers, including, for the avoidance of doubt, the
promotion of competing financial services but not including the
provision of basic savings stamps schemes which do not
involve the return of cash to participants in the scheme.
For the avoidance of doubt, these non-compete restrictions
apply to all methods of transaction of the areas of business set
out above. This includes, without limitation, the use of
smartcards, ATMs and on-line terminals.
The categories of business listed in paragraph 1.6 above
constitute the current non-compete restrictions but Post Office
Ltd reserves the right to review these restrictions in the light of
changing business requirements, varying them if necessary. All
Subpostmasters will be given at least 12 months’ notice in
writing of any such changes. No restrictions will be introduced
on products or services other than Key Products and Services,
as defined in section 1.9 of this section 18.
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1.9 Key Products and Services are the core products and services
offered by Post Office Ltd. The Key Products and Services are:
(i) Letters, parcels and packages services of any kind and
related services;
(ii) Services for the payment of bills, collection of payment or
collection of revenue;
(iii) National Lottery products;
(iv) Banking services, including bureau de change;
(v) Financial services;
(vi) National Savings and Investment products;
(vii) Money transfer services;
(viii) Postal orders;
(ix) Savings stamps;
(x) Benefits’ distribution and Government services;
(xi) Motor vehicle and driver licensing services and other
motorist services;
(xii) Telephony products and services;
(xiii) Travel ticketing and travel passes; and
(xiv) Television licensing services.
Post Office Ltd reserves the right to amend this list of Key
Products and Services from time to time. No new products or
services will be introduced to this list which are not current or
future key sources of revenue and/or contribution for Post Office
Ltd.
1.10If a Subpostmaster is considering taking up a new private retail
business opportunity which may fall within the scope of the non-
compete restrictions specified in paragraph 1.6 above, he
should, before he takes up any such business, inform Post
Office Ltd of the circumstances and seek advice as to whether
the work concerned falls within the restrictions described above.
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1.11Subpostmasters may apply for a waiver from the non-compete
restrictions in paragraph 1.6 of this section 18. Post Office Ltd’s
waiver policy is available on the Post Office Ltd website. This
sets out the circumstances in which a waiver may be granted
and the procedures that must be followed. This policy is subject
to amendment by Post Office Ltd from time to time. If a waiver
is granted subject to conditions, a Subpostmaster must comply
with these conditions. A failure to do so will result in the waiver
being invalid from the date the Subpostmaster ceased to comply
with the conditions.
1.12A Subpostmaster must not use and must ensure that no third
party uses the name “Post Office” in connection with any of his
private business activities (or the private business activities of a
company with which he is associated in any way) or in such a
way as to imply that Post Office Ltd is in any way connected with
these activities. Nor may a Subpostmaster transact any private
business in a way that might lead customers to conclude that
Post Office Ltd is in any way connected with that business.
1.13A Subpostmaster must not engage Royal Mail Group employees
to undertake any work whatsoever connected with the
Subpostmaster’s private business (or the private business
activities of a company with which he is associated in any way)
at any time when they are employed in Post Office® or Royal
Mail Group duties.
2.1
2.2
2.3
2.4
BETTING AND GAMBLING; LICENSED PREMISES;
BORROWING AND LENDING MONEY
A Subpostmaster and his Assistants must not:
(i) bet or gamble by means of post (betting by private telephone
off the Post Office® part of the premises is permissible); or
(ii) take part in racing etc. pool or competitions or betting at “fixed
odds’ on football matches (there is no objection to
participation in ordinary football pool competition).
A Subpostmaster must not on the premises in which the Post
Office® branch is situated;
(i) allow or provide for gambling; or
(ii) conduct any business with a turf commission agency ora
football or turf pool agency.
Notwithstanding the conditions of Paragraphs 1.6(iii), 1.10 and
2.2 above, a Subpostmaster and his Assistants may in a private
capacity take part in or act as a promoter of such local lotteries
as are permitted under the Lotteries and Amusements Act 1976
(Northern Ireland in part Ill of the Betting and Lotteries Act
(Northern Ireland) 1957). The onus of ensuring that the law is
complied with rests with the person concerned in the promotion
and conduct of the lottery and the sale of tickets. Tickets for
such lotteries must not be sold over the Post Office® branch
counter nor must the Post Office® branch be used in any way for
advertising purposes, e.g. in giving addresses at which tickets
are available, nor must advertisements include the words Post
Office/Post Office®, Sub-Post Office/Sub-Post Office®, Post
Office branch/Post Office® branch or Subpostmaster.
A Post Office® branch may not be situated in premises for which
n “on” licence allowing for the sale of drinks, other than a
restaurant, has been granted, unless the premises have been
clearly divided so that Post Office® customers do not need to go
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2.5
2.6
3.1
3.2
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through the licensed premises. There is no objection to the
Subpostmaster holding an “off” licence provided the liquor is sold
in closed vessels.
Neither a Subpostmaster nor any company with which he is
associated in any way must borrow from or lend money to any
Royal Mail Group employee. Nor should a Subpostmaster or
any such company provide security for the benefit of any Royal
Mail Group employee in raising a loan.
The loaning of money by a Subpostmaster or by any company
with which he is associated in any way to persons drawing
pensions or allowances on the security or strength of their Post
Office Card Accounts or of expected future payments from the
Department of Work and Pensions is also strictly forbidden.
POLITICAL ACTIVITIES
A Subpostmaster is free to take part in any national and local
political activities subject to the following conditions:-
(i) he must not engage in or allow his assistants to engage in
political activities whilst engaged on Post Office® business
or on the Post Office® branch premises;
(ii) he must not exhibit any notice soliciting votes for any
particular candidate or with any party or political object
either in the Post Office® branch or on any vehicle under
the control of the Royal Mail Group; and no leaflet or
address with a party or political object may lie or be
exhibited within the Post Office® branch.
A Subpostmaster who intends to stand for Parliament must
notify Post Office Ltd accordingly at the earliest opportunity. He
must cease to have connection with the running of the Post
Office® branch from the day he is nominated when the branch
will be placed “in charge”. On receipt of the notification Post
Office Ltd will inform him of arrangements whereby he may
name a deputy to act as Subpostmaster should he be elected. If
4
4.2
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he is elected he will be able to resume office when he ceases to
be a Member of Parliament, provided the break in his service
does not exceed 5 years and further provided he has complied
with the arrangements for naming a deputy and the Post Office®
branch 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.
CANVASSING FOR BUSINESS; EMPLOYMENT IN ROYAL
MAIL GROUP PLC OR THE CIVIL SERVICE
A Subpostmaster must not canvass persons, firms or companies
who reside or carry on business at a place nearer to another
Post Office® branch, to transact Post Office® business at his
Post Office® branch. Nor must he deliver items of Post Office®
business to customers’ premises.
Neither a Subpostmaster nor any of his Assistants may be
employed in Royal Mail Group plc or the Civil Service if his
duties would bring him into contact with the work of the Post
Office® branch.
END
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POST OFFICE LTD
SECTION 18
NON-OBSERVANCE OF RULES: APPEALS PROCEDURE
ALLEGATIONS OF NON-COMPLIANCE OR NON-OBSERVANCE
OF RULES
Although there may be instances where civil or criminal
proceedings are contemplated in which it would serve no useful
purpose to call for a written explanation, in all other instances,
and without prejudice to any subsequent proceedings, any
Subpostmaster will be afforded an opportunity of giving a written
explanation of allegations of non-compliance or non-observance
of the rules which are made against him.
At the discretion of Post Office Ltd, which will not normally be
withheld, the Subpostmaster may, if he wishes, meet a
representative of Post Office Ltd to discuss the allegations. He
may be accompanied by a friend while doing so. The friend
must be aged 18 or over and cannot be someone involved in the
enquiry. The friend must be a Subpostmaster, Post Office®
branch Assistant or employee of either Post Office Ltd or Royal
Mail Group plc - and can be the local NFSP representative.
As repeated breaches of the rules, even if minor in themselves,
may lead to the determination, without further warning or appeal,
of the contract by means of the giving of three months notice, it
is strongly recommended that Subpostmasters take the
opportunity to make such written and verbal explanations of their
actions at the time of the alleged breach of rules. A record will
be kept by Post Office Ltd of any such discussions and of any
written warnings issued to the Subpostmaster.
REPRESENTATIONS ON POST OFFICE® MATTERS
4.
Without prejudice to the above a Subpostmaster may address at
any time to Post Office Ltd any representation he may wish to
make having reference to his duties, remuneration or any other
Post Office® matter. The decision of Post Office Ltd to such
representations is final.
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APPEALS
5. If the Subpostmaster wishes to appeal against a decision to
summarily terminate his contract for services, he may do so either in
writing or by personal interview and will be allowed ten (10) working
days from the date of the termination letter to make application, to a
member of the Post Office Ltd “Appeals Authority” whose decision
will be final. There is no formal appeal against three months notice
of contract termination or against termination with pay in lieu of
notice. Appeals on all other issues (e.g. recovery of losses caused
by the Subpostmasters negligence) are heard by a senior
representative of Post Office Ltd whose decision is final.
APPROACHES TO PERSONS OUTSIDE EITHER POST OFFICE
LTD OR ROYAL MAIL GROUP plc
6. Until the Subpostmaster has exercised his final right of appeal,
he should not ask persons outside either Post Office Ltd or Royal
Mail Group plc to take up the case on his behalf although this
does not prevent a Subpostmaster from obtaining such advice
and support from the NFSP or any other outside person as may
help him to present his case effectively. The Subpostmaster
should not detain Post Office® papers or allow them out of his
custody for the purpose of such consultation without the
permission of Post Office Ltd.
END
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POST OFFICE LTD
SECTION 19
OFFENCES: SUSPENSION: ENQUIRIES BY OFFICERS OF THE
INVESTIGATION DIVISION
1.
Dishonesty is viewed most seriously and any Subpostmaster or
Post Office® branch Assistant believed to have carried out, or
taken part in, an act of dishonesty against Post Office Ltd may
be prosecuted. Furthermore, any Subpostmaster so involved
renders himself liable to summary termination of his contract. In
the case of an Assistant Post Office Ltd may recommend to the
Subpostmaster that the Assistant should no longer remain in his
employ on Post Office® business.
ARRESTS AND CONVICTIONS
2.
A Subpostmaster must report to Post Office Ltd 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 Ltd to maintain, to the
maximum extent compatible with needs of service to the public,
an attitude of non-interference in the private lives of
Subpostmasters. However, where facts come to light calculated
to cause public scandal or grave embarrassment to either Post
Office Ltd or Royal Mail Group plc in connection with a
Subpostmaster’s private conduct, the question of his fitness for
retention in office may have to be considered.
SUSPENSION FROM OFFICE
4.
A Subpostmaster may be suspended from office at any time if
that course is considered desirable in the interest of Post Office
Ltd in consequence of his: (a) being arrested, (b) having civil or
criminal proceedings brought or made against him, (c) where
irregularities or misconduct at the Post Office® branch(es) where
he holds appointment(s) have been established to the
satisfaction of Post Office Ltd, or are admitted, or are suspected
and are being investigated.
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 the period may, after consideration of
the whole of the circumstances of the case, be forfeited wholly or
in part. If remuneration is paid any rent or other expenses which
may have been paid to him in respect of the continued use of his
premises for Post Office purposes during the period of
suspension will be deducted.
CRIMINAL CONDUCT: REPORTING
7.
If a Subpostmaster has knowledge or suspicion of dishonesty
or other criminal conduct affecting either Post Office Ltd or
Royal Mail Group plc on the part of any person including a Post
Office® branch Assistant or an employee of either Post Office
Ltd or Royal Mail Group pic he must, if there is any apparent
need for immediate action, at once tell Post Office Ltd
confidentially of his knowledge or suspicion.
INDUCEMENT TO ACT CONTRARY TO RULES
8.
If any person should try to induce a Subpostmaster or a member
of his staff to act contrary to the rules (if, for example, he should
be asked to datestamp covers irregularly with a view to either
himself or the offender afterwards enclosing therein betting slips
or other communications relating to the result of some race,
game or sport) he should, while avoiding compliance (save in the
case described in paragraph 9, also avoid putting that person
upon his guard by definite refusal). The Subpostmaster should
as soon as possible tell Post Office Ltd what has happened
giving a full report and description of the person so that an
immediate report can be made to POID and instructions sought.
A Subpostmaster or Post Office® branch 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 toa
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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 Post Office Ltd, to whom he should report as
provided in the last sentence of paragraph 8.
THEFTS BY STRANGERS
10.
A Subpostmaster or Post Office® branch Assistant who sees a
theft of either Post Office Ltd or Royal Mail Group plc property
committed by a stranger should inform the Police of the facts
and then report the matter to Post Office Ltd as soon as
possible.
FAILURE TO REPORT DISHONESTY
11.
In line with any employee of either Post Office Ltd or Royal Mail
Group plc a Subpostmaster or Post Office® branch Assistant is
expected to report immediately any suspicion of dishonesty or
criminal intent which may in any way affect either Post Office Ltd
or Royal Mail Group plc, whether the likely offender be
connected with either Post Office Ltd or Royal Mail Group plc or
not. He is similarly enjoined to render all possible assistance to
officers of the Investigation Division (see below).
ENQUIRIES BY OFFICERS OF THE INVESTIGATION DIVISION
12.
13.
The main job of the Investigation Division is to investigate, or
help the Police to investigate, criminal offences against either
Post Office Ltd or Royal Mail Group plc , British
Telecommunications and the Department of National Savings.
The Investigation Division does NOT enquire into matters where
crime is not suspected.
Most of the crimes dealt with by the Investigation Division are
committed by outsiders. If follows that a common reason for
Investigation Division officers seeking interviews with persons
employed on Post Office® business is to get help in clearing up
such offences. Usually the help takes the form of a witness
statement that provides evidence about a particular act or acts
that the witness has carried out in the course of his or her duty.
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14.
15.
Although they comprise the minority of all Investigation Division
crime investigations, there are many cases where the possibility
(or even direct suspicion) arises that persons employed on Post
Office® business may be involved. Officers of the Investigation
Division conduct interviews about these suspected offences and
they are required to observe the same code of conduct when
obtaining evidence as that laid down for Police Officers. This
provides for an officer investigating a criminal offence to
question any person, whether suspected or not, from whom he
thinks that useful information may be obtained. As soon as the
Investigation Division officer has evidence that would afford
reasonable ground 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 will be put into
writing and given in evidence.
If a Subpostmaster or Post Office® branch Assistant is
questioned as a suspected person by an officer of the
Investigation Division, on statements made by a third person,
and expresses a desire to be confronted by that person, such
confrontation will, if practicable, be arranged. At the
confrontation, the suspect will be at liberty to question the third
person on his evidence and the questions and replies will be
recorded by the Investigation Division officer.
FRIENDS AT INVESTIGATION INTERVIEWS
16.
17.
At all interviews between Investigation Division Officers and a
Subpostmaster or Post Office® branch Assistant, the
interviewing officer will first introduce himself, explain the nature
of the enquiry, the ask the person to be interviewed if he wishes
to have a friend present. The introduction and explanation are
necessary first steps so the person to be interviewed knows
what is involved when he makes his free personal choice
whether to ask for a friend to be present at the interview or not.
A friend invited to attend an Investigation Division interview
must be aged 18 or over and cannot be someone involved in
the inquiry. The friend must be a Subpostmaster, Post Office®
branch Assistant or employee of either Post Office Ltd or Royal
Mail Group plc- and can be the local NFSP representative. To
avoid unreasonable delay and to ensure that interviews will not
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18.
19.
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 asa
suspected person at the outset (i.e. not under caution), but fresh
evidence emerges during the interview that gives reasonable
grounds for suspicion, the Investigation Division officer will
make this clear and explain that he proposes to continue his
questions after caution. Before the caution is given the
Investigation Division officer will ask if the presence of a friend
is desired during the remainder of the interview.
A friend may only attend and listen to questions and answers.
He must 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 either Post Office Ltd or Royal
Mail Group plc) as it might constitute a breach of the Official
Secrets Acts. The questioned person may, however, if he so
desires, communicate the friend’s statement to the National
Federation of Sub-Postmasters in strictest confidence.
SEARCHES
20.
21.
If a person agrees to his property or house being searched by
Investigation Division staff the Investigation Division officer will
ask, before the search is carried out, if he wishes to have a
friend present.
Investigation Division officers have no authority to search a
Subpostmaster or Post Office® branch Assistant or their homes
unless the have first obtained the agreement of the person
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concerned or they have obtained a warrant to do so. In practice
Investigation Division officers only seek authority or permission
to search when it is deemed absolutely necessary or in the
interests of the person involved (e.g. as a pointer to their
innocence). If search by consent is carried out during the
course of enquiries which do not substantiate any suspicion that
may have been directed at a Subpostmaster or Post Office®
branch 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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POST OFFICE LTD
SECTION 20
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.
Contact with a person suffering from such a disease will only
rarely exempt a Subpostmaster from providing Post Office®
services, nevertheless the advice in Par. 1 may apply if the
medical practitioner so advises.
“Open cases” of Pulmonary tuberculosis must receive clearance
from Post Office Ltd before a Subpostmaster will be allowed to
resume the provision of “Personal Service’.
If the local Public Health Department should require the
temporary closing of the Post Office® branch, Post Office Ltd
will issue instructions as to the stock, etc. In such cases the
question of continuing payment of the subpostmaster’s
emoluments subject to a deduction in respect of any saving in
expenses, will be considered on its merits.
These conditions apply equally to any Post Office® branch
Assistant employed by a subpostmaster on duties for Post
Office Ltd or Royal Mail Group plc. Also, in such cases the
question of meeting any loss sustained by the Subpostmaster or
Post Office® branch Assistant in consequence of the latter’s
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 Ltd in these cases is to prevent there
being any inducement to the Post Office® branch Assistant to
come on duty when his presence would be a source of danger
to the public or employees of either Post Office Ltd or Royal
Mail Group plc with whom he might come in contact in his Post
Office® work. Post Office Ltd recognises no other obligation in
the matter.
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END
POST OFFICE LTD
SECTION 21
TELEPHONE FACILITIES AT SUB-POST OFFICES
THE OFFICIAL BRANCH TELEPHONE LINE
i
A Subpostmaster must arrange for the provision of suitable
telephone facilities at his Post Office® branch to meet the
needs of the official business of Post Office Ltd and the
requirements of security. These telephone facilities are known
as “The Official Branch Telephone Line’.
Where possible, The Official Branch Telephone Line must be
provided by BT in order that Post Office Ltd may use the line for
the Post Office Ltd Asymmetric Digital Subscriber Line [ADSL]
service.
Where a BT line is installed the Horizon equipment or any future
replacement for the Horizon equipment or any official Post Office
Ltd equipment as Post Office Ltd may from time to time specify
will be connected to the Master Line Box at the Post Office®
branch and will utilise the Post Office Ltd ADSL service that runs
over The Official Branch Telephone Line.
Where it is not possible to install a BT line the Horizon
equipment or any future replacement for the Horizon equipment
or any Official Post Office Ltd equipment as Post Office Ltd may
from time to time specify will continue to utilise the ISDN line
connected to the Post Office® branch and /or The Official
Branch Telephone Line.
Whether The Official Branch Telephone is provided by BT or by
another telecommunications service provider the operational
and security needs of Post Office Ltd must at all times take
precedence in terms of the use made of The Official Branch
Telephone Line. Where these needs conflict with the private
use by the Subpostmaster of The Official Branch Telephone
Line, the Subpostmaster must cease such private use.
Provided that the requirements of paragraphs 1 to 5 above are
met:
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10.
(i) I the Subpostmaster may utilise The Official Branch
Telephone Line for private purposes in addition to official
Post Office Ltd purposes, and
(ii) The Subpostmaster may order the addition of extra services
for The Official Branch Telephone Line from the
telecommunications service provider of that line.
In either circumstance it is the responsibility of the
Subpostmaster to pay for the installation and operation of any
additional services or use
Should the Subpostmaster wish to make use of his rights under
paragraph 6 above, he or she must first seek Post Office Ltd’s
agreement to any such changes by contacting the NBSC. Only
changes authorised by Post Office Ltd may be introduced.
Any movement of or changes to any of the telephone or other
communications equipment at the Post Office® branch that are
the result of changes initiated by the Subpostmaster, including
but not limited to refurbishment or re-location of the branch, will
be the responsibility of the Subpostmaster. The Subpostmaster
will be responsible for ordering and paying for the movement or
changes from the telecommunication service provider.
Post Office Ltd reserves the right to amend and update the
requirements of this section in the future should the operational
and security needs of Post Office Ltd require such a change.
The Subpostmaster agrees to co-operate with Post Office Ltd in
relation to the installation at the Post Office® branch of any other
forms of communications equipment or data links to be used for
the purposes of conducting the official business of Post Office
Ltd.
PROVISION OF THE OFFICIAL BRANCH TELEPHONE LINE
11.
The Subpostmaster must provide:
(i) a direct exchange line; or
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(ii) an extension plan installation comprising a portable
telephone and two sockets: one to be installed in the Post
Office® branch and the other in the Subpostmaster’s
bedroom. (This type of installation is only required where
Post Office Ltd considers it is desirable, as a security
measure, and where the Subpostmaster resides on the
premises. However, Post Office Ltd will not require this
type of system to be installed at island and small rural
offices where Post Office Ltd considers that the risk of
criminal attack is clearly negligible).
12. The Subpostmaster’s requirement to provide The Official Branch
Telephone Line may be discharged in the following ways:
12.1 By transferring responsibility for and ownership of the BT
line at the Post Office® branch to Post Office Ltd. Under
this arrangement, Post Office Ltd becomes responsible to
BT for the line rental and for the cost of official calls made
by the Subpostmaster. Private calls made by the
Subpostmaster are his or her responsibility and BT will
invoice him or her directly for such calls. This arrangement
is known as “Split Billing’. As Post Office Ltd pays BT
directly for the official use of this line the Subpostmaster
incurs no telephone costs for the provision of The Official
Branch Telephone Line and has no need to reclaim such
costs from Post Office Ltd.
As BT provides the Official Branch Telephone Line under this
option, it meets the requirements of the Post Office Ltd ADSL
service. It is the simplest and preferred option.
Subpostmasters who sign a novation accepting the transfer of
the line to Post Office Ltd are deemed to have accepted this
option. Once this option has been accepted it cannot be
reversed. New Subpostmasters who take up appointment at
Post Office® branches where a previous Subpostmaster has
transferred to Split Billing are required to continue with that
arrangement.
Subpostmasters taking up appointment from 1st April 2005 at
Post Office® branches where The Official Branch Telephone
Line is provided by BT but where previous subpostmasters have
not transferred to Split Billing are required as a condition of such
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appointment to agree to transfer to Split Billing by signing the
necessary novation form provided by Post Office Ltd at the time
of their appointment.
12.2By allowing the installation by Post Office Ltd at the Post Office
®branch of a separate BT line to be used as The Official Branch
Telephone Line. Under this option the Subpostmaster retains
whatever private lines and /or telecommunications facilities he or
she wishes, but those facilities are not used for official purposes.
As Post Office Ltd pays BT directly for the official use of this line
the Subpostmaster incurs no telephone costs for the provision of
The Official Branch Telephone Line and has no need to reclaim
such costs from Post Office Ltd.
As BT provides the Official Branch Telephone Line under this
option, it meets the requirements of the Post Office Ltd ADSL
service.
New Subpostmasters who take up appointment at sub Post
Office® branches where a previous Subpostmaster has adopted
this option are required to continue with this arrangement.
12.3By the provision of The Official Branch Telephone Line via BT or
another telecommunications service provider in circumstances
where the Subpostmaster retains responsibility for and
ownership of the Line. In such circumstances, the
Subpostmaster is billed directly by the service provider for all
costs associated with the line and is entitled to reclaim from Post
Office Ltd the ‘official’ element of those costs in accordance with
paragraphs 13 to 19 below.
If the telephone facilities provided under this option do not meet
the specifications required by the Post Office Ltd ADSL service
the facilities will not be acceptable as The Official Branch
Telephone Line. In such circumstances the Subpostmaster
must either agree to transfer to option 12.1 or option 12.2,
unless Post Office Ltd is unable to offer either of those options,
in which case the existing arrangements would continue. In the
event of transfer to option 12.1 or 12.2 the Subpostmaster would
then lose his entitlement to reclaim costs related to official rental
or calls.
New Subpostmasters who take up appointment at Post Office®
branches where a previous Subpostmaster has adopted this
option are required as a condition of their appointment to change
to option 12.1 or 12.2 upon appointment unless Post Office Ltd
is unable to offer either of those options in which case they may
maintain this arrangement.
TELEPHONE COSTS REIMBURSEMENT
13.
The following applies only to those Subpostmasters who provide
The Official Branch telephone Line in accordance with option
12.3 above
RENTAL CHARGES
14.
Post Office Ltd on production of a paid quarterly telephone
account, will reimburse the Subpostmaster the rental charges
billed by BT including the VAT element (see paragraph19)
appropriate to the type of telephone facility that Post Office Ltd
has agreed is necessary. Rental charges which exceed the
levels so authorised by Post Office Ltd remain the responsibility
of the Subpostmaster.
CALL UNIT ALLOWANCE
15.
16.
Each Subpostmaster is given for each telephone account period
an allowance of call units for official purposes, based on the
scale of Post Office® business transacted; any part of the
allowance not expended in a telephone account period cannot
be carried over to the next. The Subpostmaster is due to pay for
all call units used in excess of this allowance.
The standard allowances have been fixed at a level that takes
into account the varying conditions between offices. They also
allow a margin for contingencies.
Branch Banding (per annum) Official call
per annum
Up to £12k £5.48
Between £12k and £25k £10.92
Between £25k and £35k £40.32
over £35k £52.92
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SUPPLEMENTARY ALLOWANCE
17. A Mailwork Subpostmaster may claim an additional allowance,
in respect of calls made in connection with his Mailwork
responsibilities, providing that the standard allowance has been
expended. A claim, supported by documentary evidence
should be submitted to Post Office Ltd with the telephone
account for the period concerned.
SUBMISSION OF TELEPHONE REIMBURSEMENT CLAIM
18. The Subpostmaster must submit his paid telephone invoice on
a quarterly basis for reimbursement.
REIMBURSEMENT OF VAT CHARGES
19. Post Office Ltd will reimburse the Subpostmaster the charges
raised for VAT at the standard rate, in respect of that part of the
total charge related to Post Office services, i.e. rental, the free
call allowance and emergency repairs.
END
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POST OFFICE LTD
SECTION 22
QUALITY STANDARDS
1. Post Office Ltd, through its network of Post Office® branches,
aims to give customers and clients a high quality service. The
Subpostmaster must therefore give high priority to serving
customers quickly and efficiently, and to fulfilling the
documentation requirements of clients with accuracy and
professionalism. Also the Subpostmaster will participate in
“Putting the Customer First” by attending the training sessions
which form the programme and carrying out the interim activity
required between sessions.
The interim activity consists of commitment to display the Customer
Charter in the public area of the Post Office® branch, and to hand
out questionnaires inviting customer feedback. On an ongoing
basis questionnaires will be handed out at regular intervals, to be
determined by Post Office Ltd, but not more than once every six
months. In addition to the issue of questionnaires
Subpostmasters, particularly those in larger Post Office®
branches, will be encouraged to measure customer service as
described below. Subpostmaster’s Post Office® branch
Assistants are also expected to undergo the “Putting the Customer
First” programme, either at sessions led by the Subpostmasters
themselves, once they are trained, or Post Office Ltd.
Subpostmasters should make all reasonable efforts to encourage
their staff to participate in the training.
Payment for attendance at the four “off site” sessions, led by Post
Office Ltd, within the “Putting the Customer First” programme, will
be for travel and substitution.
WAITING TIME
2. The Subpostmaster should ensure that the time for which
customers wait to be served is kept to the minimum, and make
any adjustments to the staffing pattern accordingly. To help
achieve this objective Subpostmasters in Post Office® branches
displaying the charter, particularly those in larger Post Office®
branches, will be encouraged to monitor waiting times using the
system developed by Post Office Ltd.
This entails counting the number of customers queuing and the
number of Post Office® branch Assistants serving, three times
a day and to supply the information to Post Office Ltd to enable
the results to be analysed and fed back to the Subpostmaster.
While Post Office Ltd has an overall national objective for
customers to wait for no longer than five minutes before being
served, it is recognised that customers have different needs and
expectations of waiting time in different Post Office® branches,
and at different times of the day or week. However, Post Office
Ltd will treat very seriously any evidence that suggests that the
Subpostmaster is not making all reasonable efforts to ensure
that customer waiting time is minimised, to meet the needs of
customers locally.
TRANSACTIONS
3.
The Subpostmaster will be responsible for ensuring that
transactions are carried out accurately, that all reasonable
steps are taken to prevent fraud and that all documentation is
properly completed and despatched at the due time. Where
under the terms of its contracts with its clients Post Office Ltd
incurs financial penalties as a result of the Subpostmaster’s
failure in this regard, Post Office Ltd may pass on this
additional cost to the Subpostmaster. The Appendix to this
Section sets out the current maxima of the penalties that can
be passed on to the Subpostmaster. In such circumstances,
Post Office Ltd will furnish copies of the appropriate documents
as evidence in support of any action. Failure to properly
complete accounting and traffic information documents may
lead to the exclusion in whole or in part of business transacted
for the purposes of determining payment.
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 Ltd could
result in termination of contract.
(APPENDIX 1 FOLLOWS)
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APPENDIX 1
QUALITY STANDARDS
SUBPOSTMASTER ERRORS: MAXIMUM PENALTIES
2.1
2:2
a)
Maximum
Penalty
W.E.F 1.4.93
British Telecom
Late despatch of BT Bills with due account to cut £10 (per
off times and where this is demonstrably the fault summary form)
of the Subpostmaster.
Girobank
Error notices issued in respect of PDR £23.54 (per
(G.6301/G.6302) transactions, Community Charge error notice)
(G6403) transactions, Green/Violet Girocheques
(G6305/7) transactions.
Cashing other Bank’s Cheques: Fraud Losses
Post Office Ltd bears in full losses from fraudulently encashed ‘other
bank’s cheques’ where these cheques have been accepted
incorrectly (e.g. no cheque card number written on back of cheque).
Recompense may be sought towards losses incurred.
DVLA (MVL Offices) only
License issued early £8.50 per
licence
Incorrect Licence issued £8.50 per
licence
Lost tax discs(where Subpostmaster failed to The six-monthly
safeguard properly) rate of duty for
private and light
goods vehicle
chargeable at
the time of loss.
Department of National Savings
DNS may seek recompense from Post Office Ltd
for fraud losses, where error by Subpostmaster
had led to payments which should not have been
made. For example:-
Where a stop payment has been ignored.
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b)
c)
qd)
Where a forged date stamp impression is a bad
one.
Where pass book entries have been blatantly
altered.
Where the wrong balance figures have been
entered.
Again, depending on the circumstances, a
contribution can be sought towards losses
incurred.
END
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POST OFFICE LTD
SECTION 23
REDEMPTION OF TELEPHONE, TELEVISION, MOTOR VEHICLE
AND OTHER SAVINGS STAMPS
1.
A Subpostmaster must only accept savings stamps either in total
or part payment for the relevant transaction to which they refer,
except in the case of Post Office® saving stamps which may be
accepted for all Post Office® goods and services, and any other
goods and services that the Subpostmaster has, at his own
discretion, decided to allow.
Itis TOTALLY UNACCEPTABLE for a Subpostmaster (or
anybody acting on his behalf) to:-
(i) exchange redeemed savings stamps for cash; except in the
case of Post Office® saving stamps and only then where
the Subpostmaster is paying change for a purchase made
using the Post Office® saving stamps and the amount of
such change is under £5.00.
(ii) affix savings stamps to savings cards and claim them as if
they had been redeemed by a customer in the normal
course;
(iii) Convert total of partial cash or cheque payments for licence
or accounts payments into stamps and claim them as if they
had been presented by a customer;
(iv) convert official cash (whether directly from the till or paid in
over the counter) into savings stamps (whether affixed to a
card or not) for use as a means of saving for any purpose
whatsoever; or to take action which improperly sets out to
increase his remuneration.
Redeemed savings stamps must be despatched immediately
following completion of the cash account on which the
transaction to which they refer takes place. It is not acceptable
to remit redeemed savings stamps later than the scheduled
despatch date or to remit several weeks redemption together.
In the event that cases of falsification come to light Post Office
Ltd will view such activities extremely seriously and in such
circumstances almost certainly consider termination of the
Subpostmaster’s Contract for Services.
END
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POST OFFICE LTD
SECTION 24
MAILWORK
GENERAL
1.
This contract is between Post Office Ltd and the
Subpostmaster of in respect
of the provision of sorting facilities and supervision of Postmen
for both delivery and collection of mails, known hereinafter as
Mailwork.
The specifications given at APPENDICES 1-3 of this section
explain more fully the requirements on the Subpostmaster and
Royal Mail Group plc in the provision of Mailwork.
This Mailwork contract does not affect the Subpostmaster’s
obligations and entitlements under a contract for services with
Post Office Ltd to provide counter services.
ACCOMMODATION AND FITTINGS
2.
The Subpostmaster agrees to provide and maintain such
accommodation as is required for the effective discharge of
Mailwork duties. In fulfilling this requirement, the
Subpostmaster will be responsible for meeting the provisions
of all relevant legislation (in particular HASAW) and where
Royal Mail Group plc employees work on the premises
specifically provide:
2.1 Access to toilet facilities
2.2 Facilities for washing, including a supply of hot water
2.3 Hat and coat pegs
2.4 Facilities for making tea
2.5 Adequate lighting
2.6 Adequate heating, and
2.7 Adequate ventilation.
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Where provision of relevant legislation or requirements
introduced by Royal Mail Group plc after the appointment of the
Subpostmaster call for changes in the accommodation provided
by the Subpostmaster, Royal Mail Group plc will pay 100% of the
costs involved in effecting the required changes. A proportion of
the costs is returnable should the Subpostmaster relinquish his
appointment within 4 years of the work being carried out.
Royal Mail Group plc will make available fittings designed
specifically for Mailwork use at no cost to the Subpostmaster. In
certain circumstances, Subpostmasters may purchase other
surplus equipment by local arrangement from Royal Mail Group
ple.
ATTENDANCE
3. The Sub-postmaster is not obliged to attend the office
personally. Where he decides to absent himself he must
appoint a substitute who shall be sufficiently well versed to
carry out the responsibilities of the Subpostmaster and who is
acceptable to Post Office Ltd and Royal Mail Group plc.
However, a Subpostmaster’s responsibility for the proper
conduct of Mailwork duties is in no way diminished by his non-
attendance. In either case, the Subpostmaster will arrange for:
3.1. the correct handling of value and other special items in
accordance with regulations advised from time to time
3.2 the maintenance of statistical and management
information systems as required for the effective
provision of Mailwork in accordance with agreements
reached with the National Federation of Subpostmasters
(NFSP)
ACCESS TO PREMISES
4. The Subpostmaster will allow access to the area where sorting
is performed at all times when Mailwork is being carried out to
any representative of Royal Mail Group plc for the purpose of
inspection and procedural audit. Visits to the area where
sorting is performed outside hours when it is in use will be by
appointment at a time reasonable to both Royal Mail Group plc
and the Subpostmaster.
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POST OFFICE® OBLIGATIONS
5s Royal Mail Group plc for its part will provide for:
5.1
5.2
5.3
5.4
5.5
Training in all aspects of Mailwork to include not only
new entrant training but also on-going training
Royal Mail will make available the conduct code
applicable to their employees working in the Mailwork
office and will take appropriate action to ensure the
conduct code is followed in order to support the
Subpostmaster.
Sufficient levels of operational and administrative support
to allow the Subpostmaster to fulfil his obligations under
the terms of his contract.
The supply of soap and towels and toilet paper.
Fire fighting equipment.
CHANGES TO FACILITIES
6. Royal Mail Group plc will ensure that any changes to facilities
or services will be subject to consultation with NFSP.
REMUNERATION
t. Remuneration for the facilities and services provided by the
Subpostmaster will be paid in accordance with the agreement
that may be in force from time to time between Post Office Ltd
and the National Federation of Subpostmasters in respect of
Mailwork.
WITHDRAWAL OF MAILWORK
8. Where Mailwork is withdrawn either in whole or in part, a
payment may be made. Details of the conditions of such a
payment appear at Appendix 4.
CHANGES IN CONDITIONS OF SERVICE
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Any changes in conditions of service and operational
instructions, including those which are agreed with the National
Federation of Subpostmasters, will be communicated to
Subpostmasters either directly, in the regular communications
issued by Post Office Ltd, or by amendment to Postal
Instructions.
(APPENDICES 1-4 FOLLOW)
APPENDIX 1
ACCOMMODATION SPECIFICATION
Current Health & Safety legislation requires that certain standards of
accommodation are needed at Mailwork Post Office® branches.
The following schedule outlines these standards by reference to
workplace regulation issued by Health and Safety Executive under
Section 16 of the Health and Safety at Work Act 1974.
The determination of whether these standards are achieved at
particular offices will be made, if appropriate via Royal Mail carrying
out risk assessments via Post Office Ltd to the Subpostmaster. Any
action required as a consequence of the risk assessment will be
agreed between Royal Mail and Post Office Ltd and the
Subpostmaster and all parties will use reasonable endeavours to
ensure that any such agreement is not unreasonably withheld.
In general terms any action required in respect of general
maintenance or what can reasonably be expected under the
following paragraph A will be funded by the Subpostmaster. Any
action that can reasonably be attributed to a past change in Royal
Mail's requirements, or past changes in legislation, will be funded by
Royal Mail.
ParagraphA
The Subpostmaster agreed to provide and maintain such
accommodation as is required for the effective discharge of Mailwork
duties. In fulfilling this requirement, the Subpostmaster will be
responsible for meeting the provisions of all relevant legislation (in
particular HASAW) and where employees of Royal Mail Group plc
work on the premises specifically provide access to a toilet, facilities
for washing, including a supply of hot water, facilities for making tea,
adequate lighting, adequate heating and ventilation, hat and coat
pegs.
The following specification represents guidelines. Their applicability
in differing circumstances will depend on a range of factors such as
number of staff, duty structures, composition of staff, etc. The intent
is to ensure that at the minimum the legislative requirements are
met.
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APPENDIX 1
ACCOMMODATION SPECIFICATION
GENERAL
General Take measures to ensure, so far as it is reasonably Workplace
Health, Safety practicable, the health, safety and welfare of people Reg 4
& Welfare who use their premises. These measures should
responsibilitie be intended to protect the health and safety of
s everyone in the workplace, and to ensure that
adequate welfare facilities are provided for Royal
Mail employees at work as detailed below.
Display of Display suitably and prominently all relevant
statutory statutory Notices including the Health and Safety
Notices law notice and the Health and Safety Policy
Abstract Notice.
WORK AREA
Space and Every room where persons work should have Workplace
room sufficient floor area, height and unoccupied space Reg 10
dimensions for purposes of health, safety and welfare.
Maintenance ‘The workplace and the equipment, devices and Workplace
of workplace = systems should be maintained in an efficient state, Reg 5
and in efficient working order and in good repair.
equipment, Where appropriate a suitable system of
devices and maintenance of equipment devices and systems
systems provided by them. The sub-postmaster will arrange
for premises maintenance in accordance with
his/her contract.
Workstations Workstations should be suitable for the work and Workpla
and for persons working there. Workstations should ce Reg
eating include, so far as reasonably practicable, protection 11
from adverse weather, arrangements for swift exit in
an emergency and arrangements to minimise risks
of slipping or falling, and seating suitable for
operation. Royal Mail will provide the equipment
necessary for its employees to undertake the tasks.
The sub-postmaster will ensure that such
equipment is used correctly for the appropriate
purposes.
CLEANLINES
Ss
Cleanliness The workplace and the future furnishings and Workpla
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and waste
materials
fittings should be kept sufficiently clean. Surfaces
of the floors, walls and ceilings inside the building
should be capable of being kept sufficiently clear.
Workplaces should be kept free of accumulation of
waste material, suitable waste receptacles should
be provided.
ce Reg 9
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WELFARE & SANITARY FACILITIES
Toilet Royal Mail employees should have ready access to Workplace
Facilities toilet facilities. Provide suitable and sufficient water Regs 20 &
closets and urinal. Facilities should be appropriate 21
for men and women. Facilities should be kept clean
and orderly and adequately ventilated and lit.
Supply towels Soap and hand cleanser should also be provided Workpla
or dryers, for Royal Mail employees at all times as should ce
toilet paper, toilet paper and towels or other hygienic means of Reg 20
soap drying hands.
Sanitary towel Provide suitable means for disposal of sanitary Workpla
disposal towels in toilets that are used by women. ce Reg
21
Washing Provide suitable and sufficient washing facilities,
facilities including clear hot and cold running water, for
Royal Mail Employees. Facilities should be
provided in the immediate vicinity of water closets
and urinals. Facilities should be appropriate for
men and women. Facilities should be kept clear,
orderly and adequately ventilated and lit.
Drinking A supply of wholesome drinking water would be Workplace
water supply provided and be readily accessible at all times. It Reg 22
should be clearly marked if appropriate. Clean
drinking cups or beakers should be available unless
the supply is from a drinking fountain.
Facilities for Facilities for making tea and coffee should be Workplace
making tea provided and should be subject to routine safety Reg 25
and coffee tests carried out by Royal Mail.
Eating Provided the mail preparation work area or kitchen Workplace
facilities is kept in a clean and hygienic condition, this should Reg 25
adequately serve as a facility to eat meals. There
should be provision for ensuring food and
beverages are kept in a hygienic environment.
Drying (room) Provide facilities for the employees’ clothing to hang Workplace
facilities in aclean, dry, warm, well-ventilated place where it Reg 23
can dry out in the course of a working day if
necessary.
Individual hat Accommodation for hanging and storage of Workplace
and coat pegs employees’ clothing should be provided; at Reg 23
or lockers
minimum a separate hook or peg for each worker (it
is desirable that individuals are able to secure their
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belongings, so where an employee makes such a
request, space permitting, Royal Mail will provide a
3ft locker).
Safe access Provide arrangements for safe access including
including swift exit in an emergency.
passageways
Adequate Provide suitable and sufficient lighting. This should Workpla
lighting be by natural light so far as is reasonably ce Reg
practicable. Provide a thermometer in the 8
workplace.
Adequate Maintain workplace temperatures that provide Workplace
temperatures reasonable comfort. Use safe heating systems. Reg 7
Provide a thermometer in the workplace.
Rest facilities Provide suitable and efficient facilities for rest. Workplace
Provide suitable protection from discomfort caused Reg 25
by tobacco smoke.
Provide suitable and sufficient facilities to eat meals
where they are eaten regularly in the workplace.
FIRE & SECURITY ARRANGEMENTS
Fire
precautions
Provide fire precautions as required by the relevant fire
precautions and regulations. Maintain fire escape minimum
standards as defined by Royal Mail Group plc.
Fire fighting
equipment,
alarm system,
evacuation
drills
Maintain as a minimum, one water fire extinguisher.
These extinguishers must be checked annually and
arrangements should be made to ensure this
happens.
Disaster Plan
Hold a simplified, scaled down version of a disaster
plan. This should specify means of escape,
assembly points, individual’s responsibilities in
times of danger and names and telephone numbers
of responsible Royal Mail managers (eg controlling
DOMs, DAMs etc) as well as emergency services
and utilities contact numbers. It need only be on
one side of an A4 sheet and should be readily
accessible if not permanently displayed.
HEALTH & SAFETY
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Safe systems
of work
Hold copy of the Safe Systems of Work for delivery
staff and encourage Royal Mail employees to refer
to it periodically.
Safe System of
Work for Delivery
Staff
Display of
Health and
Safety
Information
Hold and make readily available, to
Royal Mail employees, a relevant copy
of the current Royal Mail Health and
Safety Policy showing the management
structure of the controlling Main Postal
Delivery Office amongst the
Organisation section.
Royal Mail
Health & Safety
Policy
Condition of
floors and
traffic routes
Floors and traffic route should be
suitable for the purpose for which they
are used. They should not have holes,
slopes uneven or slippery surfaces that
might cause safety risks. They should
have drainage where appropriate.
Floors and traffic routes should be kept
free from obstructions and from anything
that may cause someone to slip, trip or
fall. Staircases should have suitable
handrails and guards where
appropriate.
Falls or falling
objects
Suitable and effective measures should
be taken to prevent falls and people
being struck by falling objects. Any
known risk area should be indicated
and where appropriate securely
covered or fenced.
Workplace
Reg 13
Windows and
transparent or
translucent
surfaces
Every window and transparent or
translucent surface where necessary for
reasons of Health & Safety should be
made of safety material or adequately
protected against breakage and should
be appropriately marked to make it
apparent.
Workplace
Reg 14
Windows,
skylights and
ventilators
Windows, skylights and ventilators
should not present health and safety
risks. They should be capable of being
cleaned safely.
Workplace
Regs15 & 16
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Organisation Workplaces should be so organised in that Workplace
etc of traffic pedestrians and vehicles can circulate in a safe Reg 17
routes manner. Traffic routes in workplaces should be
suitable for the people or vehicles using them, in
number, position and size. Traffic routes should be
safe for use by pedestrians and where appropriate,
vehicles. Traffic routes should be suitably signed
where necessary for safety.
Doors and Doors and gates should be suitably constructed Workplace
gates and safe in use. Reg 18
APPENDIX 2
SUBPOSTMASTER SPECIFICATION
The following specification sets out the key outputs that
subpostmasters must deliver in respect of the undertaking of
Mailwork in Post Office® branches.
It should be read in conjunction with the Royal Mail Specification.
The phraseology uses the term “output”. This represents the
achievement of an outcome for which the subpostmaster is
responsible. It does not necessarily mean that the subpostmaster
has to personally perform the task to deliver the output. For
example, “Royal Mail employees briefed in accordance with
employee communication programme”: does not necessary mean
that the subpostmaster has to lead formal team briefing sessions. It
will mean that the subpostmaster will be responsible for distributing
written briefing, facilitating team briefings lead by the Royal Mail line
manager, passing on urgent messages for the line manager to Royal
Mail employees.
There are a number of outputs, particularly in the Customer and
Supervision areas, which cannot be tightly defined and where an
element of discretion is needed in determining the level of
subpostmasters involvement. In these cases a test of
reasonableness applies. In general terms, subpostmasters are
expected to deal with issues that can easily be resolved on the spot.
But there is no requirement for them to leave the Mailwork premises
to do so. In all cases where subpostmasters are unable to resolve
issues or believe that resolution requires additional capability, such
difficulties must be referred to the Royal Mail Line Manager.
The detailed local arrangements as to how each output will be
achieved at each office will be set out in the Local Specification that
will be agreed between Royal Mail, Post Office Ltd and the
Subpostmaster.
1. SUPERVISION
e Royal Mail employees adequately supervised at all times
when on mailwork premises. (NOTE: Royal Mail
employees will be deemed to be adequately supervised if all
the outputs in this specification are achieved)
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Contact point provided for Royal Mail employees based at
the mailwork office at all other times when they are on duty.
Royal Mail employees’ attendance checked (i.e. start and
where appropriate finish times) and all unforeseen absence
reported to Royal Mail line manager.
Staffing failures covered at minimum cost in accordance
with contingency plan difficulties referred to Royal Mail line
manager.
Indoor operational problems resolved where possible:
difficulties referred to Royal Mail line manager.
Pressure overtime authorised and controlled in accordance
with guidance from Royal Mail line manager.
Overtime, Scheduled Attendance’s, allowances and Door-
to-Door records certified.
Reasonable actions taken to ensure Royal Mail employees
comply with safety and security instructions.
CUSTOMER
Information provided to Royal Mail Customer Care when
requested (where subpostmaster can reasonably be
expected to have access to such information).
Customer complaints/enquiries dealt with where resolution
is possible at local office level — any difficulties referred to
Royal Mail Customer Care or Royal Mail line manager.
Local customer requirements met in accordance with
processes set out in local specification.
Local delivery problems with customers resolved (e.g.
dangerous dogs) where resolution is possible at local office
level and in accordance with processes set out in local
specification — any difficulties referred to Royal Mail line
manager.
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e Positive approach to Customer First activity in the office (but
no requirement for personal attendance for Royal Mail
Customer First Activity).
e Positive approach to Royal Mail’s image in the local
community.
3. OPERATIONAL TASKS
e Mail received and acknowledged.
e Signature and value items securely held and processed in
accordance with product specification.
e Redirection instructions, special instructions, retention
instructions issued to appropriate Royal Mail employee.
e Door to door managed in accordance with product
specification and returns made.
e Response service items processed in accordance with
product specification.
e Second pouch arrangements made in accordance with local
specification.
e Keys securely held, issued and returned.
e Callers facilities provided (P739, Surcharges, PO Boxes).
e Uniforms, stores, forms, equipment ordered and issued.
Letterbox faults reported to Royal Mail line manager.
4. MANAGEMENT INFORMATION
e Attendance record completed.
e Work Load Assessment forms, completed by Postmen
forwarded in accordance with operational instructions.
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e Letter Information Systems and parcel sampling returns
completed and forwarded in accordance with operational
instructions.
e Official Motor Vehicle mileage and fuel returns made.
e Driver's hours’ information supplied.
e Information provided in response to ad hoc requests subject
to levels of reasonableness.
e Basic staff hours’ records completed.
PERSONNEL
e Annual leave selection managed and authorised in
accordance with local specifications.
e Royal Mail conduct code followed by Royal Mail employees
— any failures by Royal Mail employees to meet Royal Mail
standards referred to Royal Mail line manager.
e Opportunity for input to sick absence, Non-culpable
Inefficiency, Conduct Code, Welfare Interviews for Royal
Mail employees; recruitment of permanent and temporary
Royal Mail employees; trial reports and appraisals, sick
reports and appraisals.
e Royal Mail employee grievances resolved where this is
possible at local office level — any serious grievances
referred to Royal Mail line manager.
e Royal Mail employee questions answered if within the
knowledge of the subpostmaster — any difficulties referred to
Royal Mail line manager or appropriate support function.
e Late attendance reports completed.
e Royal Mail employees recognised in accordance with Royal
Mail policy on recognition.
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Accident reports completed.
Royal Mail employees briefed in accordance with employee
communication processes as set out in local specification.
Royal Mail employee training needs identified and where
appropriate referred to Royal Mail line manager.
Royal Mail employees coached and trained in accordance
with processes set out in local specification.
6. TRANSPORT
Royal Mail vehicles parked securely in accordance with
locally agreed arrangements.
Fleet maintained, fuelled and cleaned in accordance with
local Royal Mail procedures.
Road Transport Act requirements met (Logbooks Drivers
hours; returns made).
Vehicle accident reports completed.
Cycles and delivery aids kept securely and maintained in
safe condition in accordance with locally agreed
arrangements.
T. SAFETY
e Hazard/safety checks carried out on mailwork premises.
e Health and Safety notices displayed.
e Adequate fire precautions — Royal Mail employees aware of
precautions.
e Locally agreed disaster plan followed.
e First aid facilities available for use and maintained.
SECURITY
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Security of mail and equipment maintained in accordance with
locally agreed arrangements.
Security procedures followed as per locally agreed
arrangements.
Security checks carried out as per locally agreed
arrangements.
APPENDIX 3
ROYAL MAIL SPECIFICATION
The following specification represents the key outputs that Royal Mail
must deliver to enable the Subpostmaster to meet the
Subpostmaster Specification. It should be read in conjunction with
the Subpostmaster Specification.
The phraseology uses the term “output”. This represents the
achievement of an outcome for which Royal Mail is responsible.
Where further definition is required (eg type of sorting fitting, level
and detail of guidance and training) Royal Mail will determine what is
necessary to achieve the Delivery Specification and agree the details
in the Local Specifications.
1. SUPERVISION
e Information on Royal Mail employees, attendance times and
duties provided.
e Contingency plan for office provided.
e Guidance provided to Subpostmaster and Royal Mail
employees on completion of Overtime, Scheduled Attendance,
Allowances and Door-to-Door records.
e Local specification (agreed with the Subpostmaster and Post
Office Ltd).
e Royal Mail contact point provided to which operational
difficulties can be referred.
2 CUSTOMER
e Royal Mail Customer Care contact point provided.
e Guidance on meeting the changes to customer requirements
(unit specification).
e Information on Royal Mail Customer First provided.
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5.
Information on Royal Mail Mission and Values provided.
APPENDIX 3
OPERATIONAL TASKS
Details of scheduled mail arrivals/tick list provided
Telephoned advice of late arrivals, or other operational
changes
Guidelines and training for Subpostmaster and Royal Mail
employees provided for all Royal Mail products
Second pouch arrangements specified
Key security system specified
Instructions provided for the ordering of uniforms, store, forms,
and equipment
MANAGEMENT INFORMATION
Guidance provided on how Postmen complete Work Load
Assessment forms.
Guidance provided on completion of Letter Information
Systems/parcel sampling returns.
Guidance provided on completion of Official Motor Vehicle
mileage and fuel returns
Guidance provided on Drivers hours’ information
Guidance provided on quality checks to be made
Royal Mail contact point provided for all pieces of management
information
PERSONNEL
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e Resourcing plan provided (annual leave)
e Royal Mail conduct code made available and appropriate
action taken by Royal Mail to ensure conduct code is followed.
APPENDIX 3
e¢ Opportunity given to Subpostmaster to input relevant
information regarding Royal Mail employees in cases of Non-
Culpable Inefficiency, welfare, sick absence, trial reports,
retention, appraisals.
¢ Opportunity given to Subpostmaster to attend the selection
interviews for Royal Mail employees at the Mailwork office.
e Opportunity given to Subpostmasters to attend at long service
awards/retirement functions.
e Royal Mail contact points provided for all relevant Personnel
issues relating to Royal Mail employees.
e Guidance provided on completion of accident reports.
e Royal Mail recognition policy communicated.
e Guidance provided on training for Royal Mail employees
(training plans)
e¢ Communications plan for Royal Mail employees in Mailwork
office provided.
TRANSPORT
e Agreed arrangements specified for secure parking of vehicles
e Arrangements for maintenance, fuelling and cleaning of fleet
specified
e Guidance provided on Road Transport Act requirements
e Guidance provided on completion of Vehicle Accident reports
e Arrangements for secure keeping and maintenance of cycles
and delivery aids specified.
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APPENDIX 3
SAFETY
Safety instructions provided
Disaster plan specified
First aid training provided to postmen in line with legal Health &
Safety requirements.
SECURITY
Security instructions provided
Security measures specified
FACILITIES
Sorting fittings, stores cupboards/cabinets, soap/towels, toilet
paper, fire fighting equipment, first aid equipment provided.
APPENDIX 4
PAYMENT ON WITHDRAWAL OF MAILWORK
Where the whole or part of either category of Mailwork carried out at
a sub-office is withdrawn by Royal Mail or Royal Mail Parcelforce, the
Sub-postmaster will receive a lump sum, an amount equivalent to
1.5 times the consequential annual reduction in pay. The reduction
in pay should take effect from the date of the withdrawal of the work.
Where appropriate, the payment should take account of all regular
payments including the effect of any reduction in the 3% addition
paid for minor items of work that attracts no specific payment.
Regular and intermittent allowances should also be included in
calculating the amount due.
If the withdrawal of Mailwork happens in stages, the Sub-postmaster
should receive a lump sum in respect of the reduction on each
occasion. In cases where there is simultaneous loss and gain of
Mailwork, the lump sum payment should be calculated on any net
loss.
Payments should not be made where the change is due to variations
in traffic.
At least three months’ notice, or payment in lieu of three months’
notice will be paid on withdrawal of Mailwork, except in those cases
where the Subpostmaster’s contract is summarily terminated or
where he resigns to avoid summary termination.
Payment for the loss of Mailwork will not be made where work is
withdrawn at:
1. the request of the Subpostmaster
2. the time of summary termination or resignation to avoid
summary termination
3. a minimum payment office which is already paid for more
work than it carries out.
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The annual revision date will be unaffected by withdrawal of
Mailwork.
END