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STANDARD
SUBPOSTMASTERS
CONTRACT
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CONTENTS
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POST OFFICE LIMITED
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 Limited.
2. All references to Subpostmasters are to be construed as including Subpostmistresses unless
otherwise stated or implied from the context.
3. The Subpostmaster must provide and maintain, at his own expense, reasonable office
accommodation required by Post Office Limited, and pay also at his own expense, any
assistants he may need to carry on Post Office business.
4. The hours of attendance (liable to variation) are:-
to to
to to on Sundays
to to
to to on Bank holidays
to on week days to
to on Public Holidays
to on days, except when registered items or parcels are on hand for
despatch, when it may be necessary to attend at PM.
5. 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 Limited.
6. 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 Limited may
subsequently and reasonably require him to do, except that Post Office Limited may not
require him to undertake Mailwork where the Subpostmaster did not undertake to do so as
part of the terms of his appointment.
7. If Post Office Limited 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.
8. The terms of the appointment of Subpostmaster do not entitle the holder to be paid sick or
annual leave or any pension.
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10.
1.
12.
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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 providing Post Office Limited acts for a proper purpose and in
accordance with its duty of good faith when exercising its discretion as to the appointment of
a new Subpostmaster.
Resignation and Termination.
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
Limited in consequence.
The Agreement may be determined by Post Office Limited:
10.2.1 at any time in case of Breach of Condition by the Subpostmaster, or non--
performance of the Subpostmaster's obligation or non-provision of Post Office
Services, but only if any of such breach, non-performance or non-provision is
repudiatory; and
10.2.2 — subject to clause 10.3 of this Section 1, on not less than three months’ notice
provided that Post Office Limited shall, acting in good faith and taking into account
all relevant factors (but not irrelevant ones), conscientiously consider what the
duration of such notice period should be;
Subject to clause 10.4 of this Section 1, but notwithstanding any other provisions of this
contract, Post Office Limited shall not terminate this contract:
10.3.1 arbitrarily, irrationally or capriciously;
10.3.2 without reasonable and proper cause; and/or
10.3.3. in circumstances where Post Office Limited is itself in material breach of duty in
respect of the matters which Post Office Limited considers give it the right to
terminate.
Clause 10.3 of this Section 1 does not restrict Post Office Limited's ability to terminate for a
repudiatory breach.
The Subpostmaster will display a vacancy notice in the Post Office branch window at the time
of his resignation if so required by the Regional General Manager.
The Subpostmasters' initial remuneration will be in accordance with the official figures of
business found to be warranted at the last revision.
PO RULES & POSTAL INSTRUCTIONS
13.
14.
SECTIONS 1-23 contain the general terms of a Subpostmasters' appointment. Post Office
Limited 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.
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15.
16.
17.
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Operational rules are intended for the instruction an guidance of both the Subpostmaster and
the staff 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 Stamps
Saving Certificates National Insurance
Savings Bank, Government Stock and Annuities Premium Savings Bonds
Television Licences Local Taxation Licences
Television Licence Savings Stamps Girobank
Motor Vehicle Licence Saving Stamps Community Charge
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 to the extent that such amendments are
reasonable.
REGIONAL GENERAL MANAGER
19. All instructions received from the Regional General Manager should be carried out as
promptly as possible.
OVERARCHING DUTIES
20. Each party shall:
20.1 atall times in the performance of its obligations and exercise of its rights under this contract
act in good faith;
20.2 take reasonable care in performing its functions and/or exercising its functions within the
relationship, particularly those which could affect the accounts (and therefore liability to
alleged shortfalls);
20.3 refrain from taking steps that would inhibit or prevent the other party from complying with
its obligations under or by virtue of this contract; and
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provide the other party with such reasonable cooperation as is necessary to the performance
of the other party's obligations under or by virtue of this contract.
Post Office Limited shall:
not take steps which would undermine the relationship of trust and confidence between the
Subpostmaster and Post Office Limited;
exercise any contractual, or other power, honestly and in good faith for the purpose for which
it was conferred;
not exercise any discretion arbitrarily, capriciously or unreasonably; and
exercise any such discretion in accordance with the obligations of good faith, fair dealing,
transparency, co-operation, and trust and confidence.
END
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POST OFFICE LIMITED
SECTION 2
REMUNERATION
GENERAL
1. A Subpostmaster is paid according to the amount of work which is transacted at his sub Post
Office® branch. All remuneration is in respect of the provision of Post Office® services.
FREQUENCY OF PAYMENT
2s 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.
3.1 The method of calculating a Subpostmaster’s remuneration will depend on whether his sub
Post Office® branch is designated by Post Office Ltd from time to time as either a Commercial
Post Office® branch or a Small Post Office® branch in accordance with the provisions of the
remuneration booklets issued by Post Office Ltd from time to time for each category of
branch.
3.2 The remuneration system applicable to Subpostmasters of each category of branch are set out
in these remuneration booklets. The remuneration booklets also contain the rates of
remuneration applicable to each category of branch.
3.3 Post Office Ltd may also revise the remuneration rates set out in the remuneration booklets
(in whole or in part) from time to time following consultation with the National Federation of
Subpostmasters. Any such revisions will be communicated to Subpostmasters.
3.4 Post Office Ltd may also revise other parts of the remuneration booklets (including the
definitions of Commercial and Small Post Office® branches and the remuneration system
applicable to them) from time to time, following negotiation with the National Federation of
Subpostmasters. Any such revisions will be communicated to Subpostmasters. Where
appropriate, revised versions of the booklets will be distributed to Subpostmasters.
3.5 The remuneration booklets (and any revisions to them) form part of the Subpostmaster’s
Contract.
SEASONAL SUB POST OFFICE ® BRANCHES
4. Where a sub Post Office® branch is regularly open for part of the year only, remuneration
will be paid for the period of opening only.
SUBPOSTMASTER’S PERSONAL BUSINESS
5. Full credit is normally allowed for the personal Post Office® business of a Subpostmaster and
members of his household, but Post Office Ltd reserves the right to withhold credit for part of
such business at its discretion.
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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
END
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POST OFFICE LIMITED
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 the Regional General Manager on form P2593 when he will be away for a period of
more than 3 days and give the name of the person substituting for him.
A 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 LIMITED
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 overage not less than 18 hours personal services each week.
The reimbursement of the costs of substitution is paid as Holiday Substitution Allowance and
the 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 ina
period of 24 months beginning 1 April in every odd year; 7 weeks for this purpose consist of
42 weekdays plus not more than 7 associated Sundays.
For a 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.
Proportionate adjustments will be made to the period for which reimbursement can be
claimed when a Subpostmaster qualifies for the higher allowance during the 2 year cycle.
Subject to the limits in paragraphs 3, 4 & 5, a Subpostmaster is free to take up to the
maximum of the period for which he may claim holiday substitution allowance at any time
during 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.
The Subpostmaster must do his best to find his own substitute and make all necessary
arrangements for his absence, which should be notified to the Regional General Manager on
form P2593. In cases of difficulty the Regional General Manager or the 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 relief's 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 the Regional General Manager)
within three months of the end of the period of substitution to which the claim relates, except
in the cases as in paragraph 10 where claims should be submitted quarterly. He must certify:-
91 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
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10.
11.
12.
13.
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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.
Claims for refundment of substitution costs for absences of less than 3 days (see Note at
paragraph 5) should be submitted on form P2340 and P2340(A) at the quarter end, showing
the separate dates of absence and the costs of substitution incurred. In addition to the
arrangement quoted above, with effect from January 1990 all claims for reimbursement of the
cost of employing a substitute for periods longer than 2 days in the event of holiday or
sickness, should be submitted for payment to the Regional Office no later than six months
following the date the claim is made.
Where a Subpostmaster is employed by the Royal Mail Group 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 refundment of the cost of his substitution as Subpostmaster, that he should be
absent from all Royal Mail Group 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 branchs 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.
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 HOLIDAY
15.
16.
17.
18.
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 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 P2633, to Regional
General Managers at least 2 weeks before the date of absence, but they can only be allowed
when the 2 or 3 weeks involved fall within the same accounting period. (The accounting
periods are shown in front of the cash book).
"Despatch of Accounts" instructions to cover the period concerned will be supplied by
FC4.3/CAG Chesterfield and for Scotland, Scottish Accounting Office AD1.
It will not be possible to dispense with 2 consecutive cash accounts when one or both of them,
or the next account that would be due, is for longer than a normal cash account week, e.g.
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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 LIMITED
SECTION 5
ABSENCE - TO ATTEND TERRITORIAL, FORCES RESERVE, ETC., TRAINING
1.
ARMY
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.
Claims should be made on form P2340 and P2340(A) on which the Subpostmaster must
certify that he has spent the whole period covered by the claim in full-time training with the
force concerned and that he has actually and necessarily incurred additional expenditure to
the amount claimed. In all other aspects, the conditions relating to the payment of Holiday
Substitution Allowance apply (see Section 4).
A Subpostmaster who enlists for whole time service in HM Forces is required to resign his
appointment.
Territorial, etc. forces which are recognised for the purposes of reimbursement of additional
substitution costs are:-
Regular Army Reserve of Officers
Army Reserve - Section D
Territorial Army
ROYAL NAVY
Royal Navy Reserve
Royal Naval Auxiliary Services
Royal Naval Retired and Emergency List Officers
Royal Marines Reserve
Royal Fleet Reserve
Women's Royal and Naval Reserve
Queen Alexandra's Royal Naval Nursing Services Reserve.
ROYAL AIR FORCE
Royal Auxiliary Air Force
Royal Air Force Volunteer Reserve
Royal Air Force Reserve of Officers
Royal Air Force Reserve - Class E
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Princess Mary's Nursing Service Reserve
Royal Observer Corps
END
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POST OFFICE LIMITED
SECTION 6
ABSENCE FOR JURY SERVICE
1.
A Subpostmaster who receives a summons to serve on a jury should notify his Regional
General Manager immediately, and should inform him of the arrangements which he
proposes to make for the conduct of the work of the Post Office branch in his absence.
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.
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 LIMITED
SECTION 7
SUBPOSTMASTER'S SICK ABSENCE SCHEME - SUBSTITUTION ALLOWANCE
1.
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.
With the exception of women over 65 and men over 70 years of age, all Subpostmasters who
give 18 hours or more personal service a week, who are absent from their Post Office branch
through illness, are eligible to claim Sick Absence Substitution Allowance. The maxima rates
payable are published from time to time in Counter News. The allowance is payable subject
to, and in accordance with, the following conditions:-
The allowance will be payable when the period of any continuous sick absence amounts to
three weeks (21 days including Sundays) or more and it will be paid retrospectively for all but
the first week (seven days including Sunday) of absence.
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, Regional General Managers may authorise
payment of the allowance to be extended up to a maximum period of 26 weeks (182 days
including not more than 26 associated Sundays) in any one period of 12 months. Where a
Subpostmaster has already received up to 12 weeks of the Sick 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 to a maximum of 26 weeks in any one
period of 12 months.
Where a Subpostmaster's period of reimbursement of sick absence substitution costs is
extended beyond 13 continuous weeks, such extension will be reviewed periodically. Under
no circumstances will a Subpostmaster be allowed to aggregate separate periods of sick
absence beyond 13 weeks in any one period of 12 months.
The maximum allowance payable will be the total amount calculated by applying the
Subpostmaster's appropriate Holiday Substitution Allowance rate for the period for which
sick absence allowance is payable, or the actual additional costs of substitution incurred for
the same period, whichever is less.
The maximum amount of the allowance for the period of absence for which an allowance is
payable will be abated, where applicable, by the statutory national insurance sickness benefit
or maternity allowance and earnings related supplement received by the claimant in respect
of the same period. Details of these are recorded on DSS forms BS12 and BF168 which should
accompany the Subpostmaster's claim for the substitution allowance (see paragraph 10).
Where however, a Subpostmistress receives a NHS Maternity Grant, the substitution
allowance should not be reduced by the amount of that grant.
(NOTE: Statutory national insurance sickness benefit means that benefit which is payable to a
person otherwise than in respect of another person who is a child or an adult dependent.)
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Where a Subpostmaster is not eligible for DSS benefits, a medical certificate should
accompany the claim for payment of the substitution allowance.
9. Subpostmasters holding more than one Post Office branch appointment will be entitled to
claim the allowance in respect of only one appointment.
10. Any Subpostmaster who qualifies for the sick absence substitution allowance and can
produce evidence to show that substitution costs were incurred should submit a claim to the
Regional General Manager after he has been absent for three weeks. Thereafter he should
claim the allowance at the end of each subsequent period of absence of four weeks (or at the
end of the period of absence if that is reached earlier). Claim forms will be supplied by the
Regional General Manager on request.
PERIODS OF SICK ABSENCE OF LESS THAN 3 WEEKS
11. Where an eligible Subpostmaster as defined above is absent sick for a period of less than
three weeks, and does not qualify for payment of the sick absence substitution allowance, he
will be free to claim, in respect of any substitute for him, Holiday Substitution Allowance for
the period of absence up to the limit of any outstanding balance of his HSA entitlement. Form
P2340 and P2340(A) should be used by Subpostmasters when making these claims. The
amounts payable will not be the subject to abatement of any national insurance sickness
benefit received. Any period of sick absence for which HSA (as distinct from Sick Absence
Substitution Allowance) is paid will count against HSA entitlement.
END
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POST OFFICE LIMITED
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 Limited
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 sickness benefit for
their first twenty eight weeks of sickness in each tax year. Instead they will get Statutory Sick
Pay, known as SSP, from Post Office Limited. 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 his Regional
General Manager about his sickness.
A Subpostmaster reaches the end of his entitlement to SSP from Post Office when:
(a) Subpostmasters who already had twenty eight weeks of SSP from Post Office
Limited in a tax year in any one period of incapacity for work (referred to as
PIW) (linked or unlinked);
(b) his linked PIW with Post Office Limited 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
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(a)
(b)
(c)
(a)
(e)
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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). if a Subpostmaster is in doubt about
which days are regarded as qualifying days he should seek confirmation from his Regional
General Manager.
The entitlement of a Subpostmaster to SSP, rests on 6 qualifying conditions, all of which must
be fulfilled.
The Subpostmaster must have notified his Regional General Manager of his absence;
Days sickness must be days of incapacity;
The Subpostmaster must provide evidence of incapacity;
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;
When a Subpostmaster falls into one or more of the categories listed below he will be
excluded from receiving SSP;
(i) he is excluded from receiving SSP. A Subpostmaster who has been excluded
cannot return to SSP entitlement during the course of a PIW, nor at the start
of a PIW which links with a previous one during which he was excluded even
though he ceases to be a member of an excluded group.
(ii) Over State pension age;
A Subpostmaster who is over State pension age (65 for a man, 60 for a
woman) is excluded from SSP. However, if when a Subpostmaster reaches
State pension age he has a PIW which links with a previous one, he will be
entitled to SSP for as long as his PIW's continue to link.
(iii) Short contract workers;
A Subpostmaster whose contract of employment is for a specified period of 3
calendar months or less is excluded from SSP. However, if the contract does
not at first exceed 3 months, but a Subpostmaster works past the time stated
in the contract so that the total period worked becomes more than 3 calendar
months the employee becomes entitled to SSP as soon as it is known that the
total 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:
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— Sickness Benefit;
— Invalidity Benefit;
— Severe Disablement Allowance;
— State Maternity Allowance (but not Statutory Maternity Pay);
— Unemployment Benefit, but only in very limited circumstances.
(vi) No work done;
A Subpostmaster how has done no work under a contract of employment is
not entitled to SSP under that contract. If he is a new employee and he reports
sick before he takes up duty, he is not entitled to SSP. However, if he reports
for work on his first day of service, but goes sick on the second, he is 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 with the 11th week before
the expected week of confinement and runs for 18 weeks. This is the same as
the period for entitlement to state or statutory maternity pay to which the
Subpostmistress is entitled provided she fulfils the appropriate conditions.
(ix) Already been due 28 weeks SSP from former employer(s);
A Subpostmaster is excluded from SSP if he gives his Regional General
Manager a leaver's statement (SSP 1(L)) showing that he has been due 28
weeks SSP from his former employer(s) and the gap between the first day of
the PIW (with the 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.
(xii) 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 his Regional General Manger by
telephone of his incapacity for work on or before his first working day of sickness irrespective
of whether he is entitled to statutory sick pay.
8. Subpostmasters, including those nominated by limited companies, who hold more than one
appointment, must notify the appropriate Regional General Manager who is responsible for
the collection of primary National Insurance contributions in respect of his appointments.
(See section 10, paragraph 1)
9. If a Subpostmaster is late in giving notification of sickness, he should advise the Regional
General Manager of the reason for the delay. If the Regional General Manager is not satisfied
with the reason given for the delay, any period of sickness prior to the date of notification will
not count for the purposes of statutory sick pay. If a Subpostmaster is not satisfied with the
Regional General Manager's decision on this matter he may apply to the Department of Social
Security for a ruling. If a Subpostmaster does not qualify for statutory sick pay, he will on
notification of sickness be sent a form SSP 1 (E) by his Regional General Manager.
EVIDENCE OF SICKNESS
10. I Subpostmasters must provide Post Office Limited with evidence of incapacity for work by
means of either a doctor's medical certificate of by a self certificate if the incapacity is less
than eight days. A proforma to be used for self certification can be obtained from the Regional
General Manager.
11, Subpostmasters must notify their Regional General Manager when they cease to be sick.
END OF ENTITLEMENT TO STATUTORY SICK PAY
12. I Whena Subpostmaster has exhausted his entitlement to statutory sick pay he will be sent a
form SSP1(T), on which, if he is still sick, he can claim state sickness benefit from the
Department of Social Security.
RULES OF PAYMENT
13. In accordance with the Act, Post Office Limited is obliged to abate any remuneration due by
the appropriate amount of statutory sick pay. The effect of this will mean that for the first
eight weeks of sickness, remuneration will be paid in full and that statutory sick pay will be
regarded as "notional". Consequently although statutory sick pay will be regarded as
“notional” the total remuneration paid the Subpostmaster will continue to attract income tax
and National Insurance contributions in full.
DUAL EMPLOYMENT
14. Ifa Subpostmaster who is sick is also employed either by the Royal Mail Group (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).
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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 the Regional General Manager has been properly notified of the
Subpostmaster's sickness. Claims for reimbursement for up to 28 weeks' sick absence will not
be subject to abatement in respect of Statutory Sick Pay. Claims for reimbursement for a
period of sickness which does not attract statutory sick pay will continue to be subject to
abatement.
END
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POST OFFICE LIMITED
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 Limited 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 the Regional General Manager, 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 Limited as a condition of appointment.
END
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POST OFFICE LIMITED
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
liable to make National Insurance contributions in accordance with the provisions of Class 1.
Class 1 contributions comprise 2 parts:-
(a) the Primary contribution which is generally known as the employee's
contribution;
(b) the Secondary contribution which is generally known as the employer's
contribution.
PERSONS TAKING UP APPOINTMENT AS A SUBPOSTMASTER
2
All persons taking up an appointment as a Subpostmaster should supply the Regional General
Manager with their National Insurance 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.
An employer may contract his employees out of that part of the State Scheme which provides
an additional pension if the Occupational Pensions Board is satisfied that his occupational
pensions scheme meets the conditions required by the Act. As Subpostmasters are not
employees of 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.
DSS 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
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(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.
DSS will provide a certificate authorising deductions of a Class 1 contributor's contribution at
the reduced rate. As Post Office Limited will be held responsible for any deficiencies in
contribution, 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
DSS will normally issue a certificate of age contribution. However, if some other definite
evidence is being held to show that a Subpostmaster has reached age 65 (60 for a woman)
his/her deductions may be ceased even though a certificate of age exception has not been
produced.
9. The Secondary contribution (see paragraph 2) is due at the same rate regardless of the
Subpostmaster's rate of contribution or even where he is non liable.
ARREARS OF REMUNERATION
10. ‘Arrears of remuneration resulting from a revision or other payments made to adjust
remuneration paid in an earlier month, will be treated as part of the total remuneration in the
month in which the payment is made, regardless of the period for which they are proper to.
This applies whether or not the additional payments are made regularly.
11. Where arrears of remuneration are due to a former Subpostmaster national insurance
contributions will be calculated from the weekly contributions table published by DSS.
DEATH OF SUBPOSTMASTERS
12. Contributions are not payable on any remuneration that might be due to a 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.
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SICKNESS BENEFITS
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14. NI Contributions continue to be payable when a Subpostmaster who is sick continues to
receive his scale payment. NI sickness/industrial injury benefits received are not assessable
for NI contribution.
SUBPOSTMASTERS WITH MORE THAN ONE EMPLOYMENT
15. Primary Class 1 contributions are normally payable in respect of each job including other Post
Office branch appointments for which earnings exceed the lower earnings limit, unless a
current form RD950 has been received from DSS. Even where a form RD950 is held, Post
Office Limited is obliged to collect Secondary Class contributions.
16. Notused.
CHANGES IN NATIONAL INSURANCE STATUS
17. Inthe event of a change or impending change in national insurance status, a Subpostmaster
should consult his local DSS office as soon as possible.
18. The following are regarded as changes in status:
(a) WOMEN:
Divorce
Annulment
Marriage
Widowhood
Re-marriage
Retirement age
(a) MEN
Retirement age
In these circumstances the Subpostmistress must advise
DSS and Post Office Limited
See paragraph 8
Towards the beginning of the tax year in which a woman
reaches age 60 and again at the approach of the 60th birthday,
a Subpostmistress will be asked to consult DSS so that a
certificate of age exception may be issued if appropriate (see
also paragraph 9).
At the approach of the 65th birthday the Subpostmaster will
be asked to consult DSS so that a certificate of age exception
may be issued if necessary (see also paragraph 9)
DEFERMENT OF NORMAL RETIREMENT DATE
19. _ Inall cases where a Subpostmaster seeks to enhance his retirement pension by a deferment of
NI retirement dale (normally the 60th birthday for women, the 65th birthday for men) see
DSS leaflet NI92 - or where he wishes to cancel his deferment, the Subpostmaster should be
asked to consult his local DSS office so that the necessary arrangements can be made and
certificates of age exception obtained.
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RESIGNATION/TERMINATION OF APPOINTMENT
20. I When a Subpostmaster resigns or has his contract terminated the Guaranteed Minimum
Pension will be preserved by DSS.
MARRIED WOMEN AND WIDOWS.
21. There will be no Guaranteed Minimum Pension (GMP) for a married woman or a widow who
has retained the right to pay the reduced rate of NI contribution.
CANCELLATION OF ELECTION TO PAY AT REDUCED RATE
22. I Whena married woman or widow revokes her election to pay NI contributions at the reduced
rate the GMP will accrue only on the contributions she pays after revoking her election.
ACTUAL EXPENSES INCURRED
23. Subpostmasters who are asked by their Regional General Manager to give details of the
expenditure which they incur in providing Post Office services should do so with all haste.
Such information will be restricted to Post Office Limited and Department of Social Security.
END
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POST OFFICE LIMITED
SECTION 11
INJURY RESULTING FROM CRIMINAL ATTACK
REPORTS
1. Ifa Subpostmaster or one of his Assistants is injured in an attempted robbery of Post Office
Limited property a report should be made at once to the Regional General Manager however
slight these injuries may appear to be. In addition, in order that entitlement to National
Insurance (Industrial Injury) benefit may be preserved it is important that the DSS should be
informed without delay.
POST OFFICE LIMITED PERSONNEL CRIMINAL INJURY COMPENSATION SCHEME
2. 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 Limited property on the premises, in or out of normal
business hours; or whilst travelling to/from the bank on Post Office business.
3. For the purpose of the scheme, registered Post Office branch Assistants are those:-
(a) whose commencement of employment has been reported to the Regional
General Manager on form P250 and thereafter recorded on form P356W at 1
April each year as being employed on Post Office work full-time, part-time,
occasionally, or
(b) whose employment as a temporary Assistant or Subpostmaster's substitute has
been reported to the Regional Office on form P250.
Also covered is DISAPPEARANCE, if any of the categories of the people in (2) above is missing
as a result of criminal activity, and is presumed dead, a claim can be made subject to:
(a) satisfactory evidence supporting the disappearance being supplied.
(b) there is no reason to believe otherwise and
(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.
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CONDITIONS
5. 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 Limited. Post
Office Limited'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 given. Benefits payable
are subject to the overriding maximum of £60,000.
5.2 Benefits may be paid for more than one disability listed in Part 3 of the schedule of benefits,
provided that the total amount received does not exceed the maximum benefit of £60,000.
5.3. Any benefit Payable under Part 3 and/or 4 of the Schedule of Benefits will be deducted from
the maximum benefit (£60,000), if the individual concerned subsequently dies, or suffers
permanent total disablement as a result of the injuries received in the incident(s).
5.4 Any payment made under Part 4 of the Schedule of Benefits, can be made in advance of the
settlement of a claim under Parts 1, 2 or 3 of the schedule but is subject to an overriding
maximum benefit of (£60,000).
Benefits under Section 4 may be paid up to, but not exceeding 104 weeks, for total
disablement arising from a criminal attack while collecting cash from the bank for authorised
Post Office business.
Payments may be made:-
(a) at the end of the period(s) of total disablement; or
(b) at the injured persons request, at the end of at least four weeks total
disablement and thereafter at four weekly intervals, if requested.
Payments are subject to the provision of medical and any other relevant information as
requested by Post Office Limited.
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 Agent, (Group Treasury),
Rowland Hill House, Boythorpe CHESTERFIELD, Derbyshire $49 1HQ. Claim forms are
available from the Regional General Manager or the Headquarters of the National Federation
of Sub-Postmasters, Evelyn House, 22 Windlesham Gardens, SHOREHAM BY SEA, West
Sussex, BN34 SAZ.
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EVIDENCE
7.
All certificates and information shall be sent to Post Office Limited'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 Limited 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)
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SCHEDULE OF BENEFITS
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1. Death
£60,000
Zz Permanent total Disablement resulting in inability to follow
any occupation
8. Loss of/loss of use of limb(s) and permanent disability in
accordance with the following permeant disabilities:-
£60,000
expressed as a
percentage of
£60,000
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
100%
Loss of one hand and one foot
Loss of both legs
Loss of both feet
Loss of one eye
§ 30-40%
Complete Deafness of one ear
20%
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UPPER LIMBS LEFT/RIGHT
Loss of one arm or hand 60%
Total loss of thumb 30%
Partial loss of thumb (ungual phalanx) 10%
Total amputation of forefinger 14%
Amputation of two phalanges of forefinger 11%
Amputation of ungual phalanx of forefinger 9%
Simultaneous amputation of thumb and forefinger 35%
Amputation of thumb and finger other than thumb and forefinger 30%
Amputation of two fingers other than thumb and forefinger 12%
Amputation of three fingers other than thumb and forefinger 30%
Amputation of three fingers and thumb 45%
Amputation of four fingers excluding thumb 50%
Amputation of the median finger 12%
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Amputation of a finger other than thumb, forefinger and median 7%
LOWER LIMBS expressed asa
percentage of
£60,000
Amputation of thigh (upper half) 80%
Amputation of thigh (lower half) and leg 70%
Total loss of foot (tibio-tarsal disarticulation) 30%
Partial loss of foot (sub-ankle-bone disarticulation) 30%
Partial loss of foot (medio-tarsal disarticulation) 30%
Partial loss of foot) (tarso-meta tarsal disarticulation) 20%
Shortening of the lower limb by at least 5cm I 40%
Shortening of the lower limb by at least 3 to S5cm 40%
Shortening of the lower limb by 1 to 3cm 40%
Total amputation of all toes 20%
Amputation of four toes including big toe 14%
Amputation of four toes 9%
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I Amputation of big toe 14%
Amputation of two toes 5%
3%
" 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 Limited cash from the
Bank, entirely preventing the injured person from engaging in, or giving attention to his/her usual
occupation - £200 per week, for each full week (one week = 7 days).
END
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POST OFFICE LIMITED
SECTION 12
RESPONSIBILITY FOR POST OFFICE LIMITED STOCK AND CASH
CREDIT STOCK OF STAMPS ETC.
1.
The Subpostmaster on taking up his appointment is supplied with suitable Post Office Limited
stock, the amount of which is fixed by the Regional General Manager.
CASH BALANCE
2.
The Subpostmaster is permitted to hold Post Office Limited 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.
The Subpostmaster is expressly forbidden to make use of the balance due to Post Office
Limited 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 Limited funds entrusted to him. He must also be careful to keep the Post Office Limited
money separate from any other monies. Misuse of Post Office Limited cash may render the
offender liable to prosecution and, or, (subject to clause 10 of Section 1) the termination of his
Contract of Appointment.
ACCOUNTS
4.
The Subpostmaster must ensure that accounts of all stock and cash entrusted to him by Post
Office Limited are kept in the form prescribed by Post Office Limited. 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 the Regional General Manager.
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 Limited property, papers and documents, whether held by himself or by
his Assistants, and should keep them in a place of security, especially at night.
The Subpostmaster is responsible for maintaining a standard of security sufficient to enable
him to meet the obligations laid on him by paragraph 5 for the safe keeping of Post Office
Limited cash and stock placed in his care. If any circumstances arise which lead him to doubt
whether he can do so he should immediately consult the Regional General Manager.
In deciding the standard of security which it would be reasonable to require under paragraph
6 Post Office Limited 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.
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.
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.
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10. Datestamps used for authenticating documents (e.g. Postal Orders) or stamping
correspondence must be kept in a position on the counter where they are out of reach of
members of the public. When not needed for work they must be locked away.
11. Precautions should be taken to guard against the risk of fire.
LOSSES
12. The Subpostmaster is responsible for all losses caused through his own negligence,
carelessness or error, and also for all losses caused by the negligence, carelessness or error of
his or her Assistants. Deficiencies due to such losses must be made good without delay.
13. Subject to clauses 12 and 13A of this Section 12, the financial responsibility of the
Subpostmaster does not cease when he relinquishes his appointment and he will be required
to make good any losses incurred during his term of office which may subsequently come to
light.
13A Post Office Limited shall not seek recovery from the Subpostmaster unless and until:
13A.1 it has complied with its duties under clause 20 of this Section 12 (or some of them);
13A.2 it has established that the alleged shortfall represents a genuine loss to it; and
13A.3_ it has carried out a reasonable and fair investigation as to the cause and reason for the alleged
shortfall and whether it is properly attributed to the Subpostmaster under the terms of this
contract.
GAINS
14. — Surpluses may be withdrawn provided that any subsequent charge up to the amount
withdrawn is made good immediately.
THEFT OR BURGLARY
15. ‘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 the Regional
General Manager by the person who first makes the discovery.
MISSING OR STOLEN STOCK
16. If a Subpostmaster considers that any stock items have been accidentally lost, or stolen he
should make a report, in accordance with Appendix 1, as quickly as possible to the Regional
General Manager.
RELIEF
17. I COUNTER LOSSES A Subpostmaster may exceptionally not be required to make good the full
amount of certain losses at his office. If he feels entitled to relief in making good a loss he
should apply to the Retail Network Manager.
18. THEFT OR BURGLARY The question of granting relief will depend upon whether the
Subpostmaster has taken reasonable precautions to safeguard the official cash and property.
19. FRAUD All cases of fraud or attempted fraud should be reported immediately to the Regional
General Manager.
POST OFFICE DUTIES
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20.
20.10
20.11
20.12
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Post Office Limited shall:
provide the Horizon system ("Horizon" being the Horizon computer system hardware and
software, communications equipment in the Post Office branch and central data centres
where records of transactions made in the Post Office branch are processed, recorded and
retained), which shall be reasonably fit for purpose, including any or adequate error
repellency;
provide adequate training and support, including through the provision of training materials,
to the Subpostmaster, particularly if and when Post Office Limited imposes new working
practices or systems or requires the provision of new services.
properly and accurately effect, record, maintain and keep records of all transactions effected
using Horizon;
properly and accurately produce all relevant records and/or explain all relevant transactions
and/or any alleged or apparent shortfalls attributed to the Subpostmaster;
co-operate in seeking to identify the possible or likely causes of any apparent or alleged
shortfalls and/or whether or not there was indeed any shortfall at all;
seek to identify the causes of any apparent or alleged shortfalls, in any event;
disclose possible causes of apparent or alleged shortfalls (and the cause thereof) to the
Subpostmaster candidly, fully and frankly;
make reasonable enquiry, undertake reasonable analysis and even-handed investigation, and
give fair consideration to the facts and information available as to the possible causes of the
appearance of alleged or apparent shortfalls (and the cause thereof);
communicate, alternatively, not conceal known problems, bugs or errors in or generated by
Horizon that might have financial (and other resulting) implications for the Subpostmaster;
communicate, alternatively, not conceal the extent to which other subpostmasters of Post
Office branches are experiencing problems relating to Horizon and the generation of
discrepancies and alleged shortfalls;
not conceal from the Subpostmaster Post Office Limited's ability to alter remotely data or
transactions upon which the calculation of the branch accounts (and any discrepancy, or
alleged shortfalls) depend; and
properly, fully and fairly investigate any alleged or apparent shortfalls.
(APPENDIX 1 FOLLOWS)
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APPENDIX 1
ACCIDENTAL LOSS
If at any time any items of stock (including stock of no intrinsic value such as motor vehicle licences)
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 the Regional General
Manager.
STOLEN ITEMS
Aa If as a result of burglary, break in, theft, or suspected theft any items of stocks are missing the
facts should be reported as quickly as possible to the Regional General Manager.
2. The further details which will be required, and which should be obtained and submitted to
the Regional General Manager at the earliest opportunity, are as follows:
(a) The denominations, total values and serial numbers of missing or stolen items,
so far as they are known, with serial numbers of any remaining stocks.
(b) Astatement 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) Aspecimen impression of the date stamp and, if it was stolen, particulars of the
type in it when stolen.
(d) Astatement of the circumstances which are thought to show that a theft has
been committed and of the supposed date, time and method of commission. It
should include, if possible, written report from the person who last saw the
missing items and the person who first discovered the loss. The former should
say when the items were last seen, in what place and in what kind of 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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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 this Contract, or as may otherwise be required by Post Office
Ltd.
END
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POST OFFICE LIMITED
SECTION 13
PREMISES
1. The Subpostmaster must, at his own expense, provide premises in which such reasonable
office accommodation and fittings as Post Office Limited 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
Limited already exists, for the installation of such a screen. Post Office Limited will
provide and pay for the components of the screen and the Subpostmaster will be
responsible for its erection to the satisfaction of the Regional General Manager and for
its maintenance. On installation the screen will become the property of the
Subpostmaster.
ALTERATIONS TO POST OFFICE BRANCH PREMISES, ACCOMMODATION
4. The Subpostmaster must not, without the prior agreement of the Regional General Manager:-
- 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. The Subpostmaster must display in a position visible to the public at all times:
an up-to-date window notice indicating hours of opening which is supplied by the Regional
General Manager; other notices and leaflets, as required by Post Office Limited.
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The Subpostmaster must permit Post Office Limited 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
(b)
(d)
Subpostmaster wishes to improve Post Office
accommodation and Regional General Manager
agrees improvement is desirable.
Subpostmaster has no alternative but to move his
premises or alter them to meet requirements beyond
his control.
Subpostmaster wishes to re-arrange his private
accommodation, which will neither increase nor
improve the Post Office accommodation,
but will require security equipment to be moved.
Subpostmaster wishes to re-arrange his private
accommodation, which will reduce Post Office
accommodation, though not to a level unacceptable
to the Regional General Manager, but security
equipment will need to be moved.
CONTRIBUTION
REQUIRED OF
SUBPOSTMASTER
NIL
NIL
50%
80%
The above scale is intended as a rough guide only and Regional General Managers have discretion to
fix the level of contribution according to the circumstances of each particular case.
RESIDENCE
8.
A Subpostmaster who does not reside on the premises must satisfy his Regional General
Manger that he has made proper provision for the safety of Post Office Limited cash and stock
entrusted to his care. If residential accommodation is associated with the Post Office branch
the Subpostmaster must inform the Regional General Manager if he does not occupy it
himself, or if he ceases to do so, and must immediately inform the Regional General Manager
if at any time it becomes vacant.
MAILWORK OFFICES
9.
10.
See Section 24.
See Section 24.
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ADVERTISEMENTS
11. A title, which might suggest that Post Office Limited 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 Post Office
Limited supported on side or the other;
- any commercial business which operates services of a kind conducted by Post Office
Limited.
13. Otherwise Post Office Limited 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 the Regional General Manger.
END
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POST OFFICE LIMITED
SECTION 14
HOURS OF BUSINESS
INTRODUCTION
1. The actual hours of opening of any individual Post Office branch are set by the Regional
General Manager in accordance with the following rules.
The Subpostmaster must not without permission vary the hours of public business set by the
Regional General Manager.
STANDARD COUNTER HOURS OF SERVICE
2. The standard hours during which the Subpostmaster may be required to open his office in
order to transact all kinds of counter business appropriate to his office are:
Monday - Friday 0900-1730
Saturday 0900-1230 or 1300 (depending on local circumstances)
LUNCH TIME AND HALF DAY CLOSURE (MONDAY TO FRIDAY)
3. At the Subpostmaster's request the Regional General Manager may authorise the closure of an
office within the times stated in paragraph 2:-
3.1 For up to 1 hour at lunch times, at times agreed between the Regional General Manager and
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,
Regional General Managers will consider such requests taking into account the normal
shopping pattern in the locality and the proximity of other Post Office branches.
5. Where a Regional General Manager considers non standard hours may be more appropriate
for a particular office but the Subpostmaster disagrees, the Subpostmaster may if he wishes
trial a rearrangement of the opening hours. A trial period should not extend beyond three
months.
SUSPENSION OF MID-WEEK HALF-DAY CLOSING DURING THE CHRISTMAS AND NEW YEAR
PERIOD AND (WHERE APPLICABLE) ON THE THURSDAY PRECEDING GOOD FRIDAY
6. The Regional General Manager may, on his own initiative or at the request of the
Subpostmaster, suspend any mid-week early closing on any day or days between 18 and 31
December (Christmas Day and Boxing Day excluded) and on the Thursday before Good
Friday. Additional payment will be made by Post Office Limited for such opening.
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LOCAL HOLIDAYS AND TUESDAYS AFTER BANK HOLIDAYS
7. Regional General Managers will review the concession under which some offices 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 office concerned.
PAYMENT FOR THOSE PERIODS OUTSIDE THOSE MENTIONED IN PARAGRAPH 2 ABOVE - NON
MAILWORK OFFICES
No additional payment will be made by Post Office Limited for any opening outside standard
Counters’ hours other than that attracted by extra business transacted.
END
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POST OFFICE LIMITED
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 Contract (in particular, but not limited to,
this Section and the Section dealing with Divulgence of Official Information). 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:
« 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
di. 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 (subject to clause 12 of Section 12) the
Subpostmaster will consequently be held wholly responsible for any failure, on the part of his
Assistants, to:
21 apply Post Office® rules or instructions as required by Post Office Ltd,
2.2, complete any training necessary in order to properly provide Post Office® Services, provided
that the Subpostmaster shall only be required to train its Assistants to the same and nota
higher standard than the standard of training received by the Subpostmaster from Post Office
Limited; 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 in accordance with clause 5 of Section 12.
3. This Section 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 may, subject to clause 10 of Section 1, then be
liable to termination. The obligations in this Section are additional to the Subpostmaster’s
responsibility, as the employer of his Assistants, to comply with the provisions of any
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4.2
4.3
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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, 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;
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.
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) if the Applicant gives you, from List 2 of Appendix 2, two documents that have
different names for the Applicant, you should ask him for a further document to
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explain the reason for this. (The further document could be a marriage certificate,
divorce document, deed poll, adoption certificate or statutory declaration.)
Step 3
The 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
44.1 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.
44.2 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).
44.3 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 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
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4.8
4.9
4.10
4.11
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Recent TV Licence
Recent Bank Statement, must be supported by a credit/debit card
(In relation to the above “Recent” means no more than 3 months old.)
The 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.
Work History
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 I 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 Inorder 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
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(a) 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. The text of
form P13 is at Appendix 1 to the Section dealing with Divulgence of Official
Information. In addition the Applicant must complete and sign a Security Checks
Consent Form. The Subpostmaster may obtain these forms from Post Office Ltd.
(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 (defined in this Contract as “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. Ifthe 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
legitimate interests for a particular Applicant to be engaged upon Post Office®
business or to have access to any part of the Post Office® branch it will be entitled
to require the Subpostmaster to refrain from employing that Applicant on Post
Office® business if not already employed, or to ensure that the Applicant is not
further employed on Post Office® business if already employed. If after such a
requirement has been reasonably made by Post Office Ltd the Subpostmaster
continues to employ such Applicant he may be deemed to be in breach of his
Contract as referred to in paragraph 3 above.
4.11.5 If details of any offences committed by the Applicant relating to:
(0) the delivery or handling of mail, post or packets; or
(ii) theft or the obtaining of property by deception or fraud; or
(iii) mis-selling of any product or service; or
(iv) lack of integrity in any form of employment involving selling; or
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5.1
5.2
6.1
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(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 ple and the
provisions of paragraph 4.11.4 above will apply.
As a general guide no person under 16 years of age should be employed on Post Office® work,
or have access to Postal Packets. However where there is no reasonable alternative to the
part-time employment of an Assistant under 16 years of age, such employment must be
allowed subject to the following conditions:
no person under the age of 14 years may be employed in any capacity;
the Assistant, even if a family member, should be fully registered with Post Office Ltd in
accordance with the provisions of this Section 15; and
the Subpostmaster must comply with all relevent legislation affecting the employment of
young persons and children.
UNSUITABLE PERSONS
During the entire period that an Assistant is employed by the 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
5.23: 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.
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:
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7.2
7.3
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Post Office® branch name and address, FAD (or Branch) code
Assistant’s name, date of birth and National Insurance number
Role type, (e.g. Assistant or holiday relief )
Date employment commenced and, if applicable, date employment ceased and reason for
leaving
Relationship to Subpostmaster (if applicable)
Horizon Log On ID
Details must be entered on form P356 for every Assistant employed by the Subpostmaster,
even if he only works occasionally e.g. as a holiday relief.
TRAINING
Post Office Ltd will:
711 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 provide adequate training and support, including through the provision of training
materials, to the Subpostmaster, particularly if and when Post Office Limited
imposes new working practices or systems or requires the provision of new
services;
7.1.3 inform the 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® Products and
Services; and
714A where appropriate (for instance where clause 7.1.3 of this Section applies) update
the training materials (or processes) or provide new training materials (or
processes) to the Subpostmaster,
and Post Office Limited and the Subpostmaster shall co-operate in respect of the training of
Assistants in the operation of Horizon (as defined in Section 12).
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, provided that the Subpostmaster
shall only be required to train its Assistants to the same and not a higher standard than the
standard of training received by the Subpostmaster from Post Office Limited.
Where Post Office Ltd has obligations to third parties in relation to certain Post Office®
Products and Services (including, but not limited to, financial transactions (such as bureau de
change, and 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
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8.2
8.3
8.4
9.1
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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 this Contract by him.
Training Policy
TAA 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.
74.2 This training policy should include the following elements:
e the levels of training required to fulfil the obligations referred to above at 7.4.1;
¢ the levels of training required according to the differing responsibilities of, and
work undertaken by, the Assistants, in relation to Postal Packets;
e details of the minimum level of training required;
¢ an explanation of how the training is provided;
¢ the frequency with which training is provided; and
e details of how training is given, recorded and monitored.
74.3 The policy must also ensure compliance with all other regulatory and legislative
requirements.
TAA The Subpostmaster must regularly monitor the implementation of and compliance
with the training policy in his Post Office® branch.
SECURITY
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:
the security of the premises;
the collection, despatch, conveyance or delivery of mail; and
the measures to be taken to prevent or detect loss or theft of or damage 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:
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9.2
9.3
9.4
9.5
9.6
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9.1.1 ensuring that each of his Assistants is made aware: (a) that he is responsible for the
safekeeping of Postal Packets such Postal Packets are in his custody; (b) that he
must take all reasonable measures to protect them from delay, loss, theft, damage
and/or interference of any kind, and (c) that failure by him to follow any security
instruction or procedure issued and amended (where necessary to minimise the
risks referred to above) from time to time by Post Office Ltd will be deemed to be a
breach of condition of this Contract by the Subpostmaster, and Post Office Ltd
reserves the right to take appropriate action in the circumstances; and
9.1.2 placing the obligations set out in 9.1.1 above 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.
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.
The Subpostmaster must regularly review :
the standards of conduct imposed; and
the disciplinary policy in place.
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.
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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INFORMATION/REPORTING
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”).
The Subpostmaster must also record in respect of each Incident at least the following details:
the date, time and place;
the number of (or, where not known, a reasonable estimate of) Postal Packets involved;
as far as reasonably practicable, the Assistants who may have participated in the conveyance,
receipt, collection, sortation or delivery of the Postal Packets involved; and
any other particulars in relation to it (including the factual circumstances).
(APPENDICES 1, 2, & 3 FOLLOW)
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FORM 250
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APPENDIX 1
**AGENT ASSISTANTS AT POST OFFICE® BRANCHES**
Ifyou have an assistant leaving, or has left your employment at the Post Office branch, the
Subpostmaster or Operator or ‘Officer in charge’ should give details below* and ensure that the official
secrets cessation form P301 is completed. Then send the P301 with this P250 form to the address
overleaf after the details of the office** are completed.
Name of assistant leaving the office
Last date of employment
Lx
be
Section 1 of this form should be completed and signed by the Subpostmaster, Franchisee, Operator or ‘officer in
charge’.
SECTION 1: (PLEASE COMPLETE IN BLOCK CAPITALS)
**POST OFFICE® BRANCH NAME:
**POST OFFICE® BRANCH CODE:
**SUBPOSTMASTER'SFRANCISEE'S/OFFICER IN CHARGE'S NAME:
ADDRESS TO WHICH THE AUTHORISATION LETTER SHOULD BE SENT:
Ihave selected,
(full name of applicant in block
Capitals), as a prospective Assistant at my branch. I have satisfied myself that their character is
satisfactory and I am satisfied that they are suitable for the relevant duty. I have no reason to suspect
that any previous Post Office® service by them 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
Date
IEnd
[Date
[Reason for Leaving
evidencerequired).
I can confirm that I have obtained the following information and retained copies: (Please give details
where appropriate and refer to your contract with Post Office Ltd for the criteria on suitable
Suitable evidence of identity :
(Please tick in the box to indicate what evidence you have set
Passport
Full birthcertificate
Evidence of his right to work in the UK for non EU citizens. Work permit/visal
(Please tick in the box to indicate what evidence you have se:
Home officedocument
(Please tick in the box to indicate what evidence you have se
Suitable evidence of National Insurance Number Ni card P60 I P45 I GovernmentLette;
(Please tick in the box to indicate what evidence you have se
Suitable evidence of 5 year address history Driving license I Utility bill] Bankstatement
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Ihave seen details of the prospective Assistant’s career histoI Yes No
over the last 5 years
Two references (either 1 character & 1 employment reference, or 2 character referq Employmen{ Character
The referees must be independent of the Applicant & of each other. l
Proposed start date of Assistant Horizon User ID (Do NOT Enter Any Passwords) (e.g.
EPROO1)
Subpostmaster/Franchisee/Operator/officer in charge
Signature Date Print Name
Document I Version or Date Review _I Owner Location stored
P250 10 18/05/2 Support T:\P250
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Section 2 of this form should be completed and signed by the prospective Assistant.
(A form must be completed for every Assistant.)
SECTION 2 ASSISTANT DETAILS
Title and name in full (Mr/Mrs/Miss/Ms)
Name at birth:
Date of birth:
Town of birth:
Country of birth:
National Insurance number:
Position (e.g. Assistant/Holiday Relief)
Current address including Previous address: Previous address:
Resident from date: Resident from date: Resident from date: __
If less than 5 years at current address including Resident from date e.g. 11/2008
IMPORTANT: In answering the below 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".
YES INO
Do you have any criminal convictions (including a Youth Court or Court
Martial)? Please note that this does include motoring offences.
Do you have any summons or criminal charges outstanding?
Have you been involved in any mis-selling or lack of integrity in
any form of selling environment?
Please tick "Yes" or "No" in response to each of the above and, if the answer is "Yes" to any give full
particulars:
I declare that I have answered all the questions truthfully and fully, and that I am not aware ofany
circumstances, which if known to Post Office Ltd, might cause question to my honesty and suitability. I
understand that security checks will be conducted and the result of these checks will be
communicated to the Subpostmaster/ Franchisee/ Operator. In the event that the security checks
reveal information which would not meet the standard for engagement on Post Office Ltd duties, Post
Office Ltd may communicate this to agents at any other branches at which I am registered as an
Assistant.
Signature Date
NOTE: DATA PROTECTION LEGISLATION
Your data will be processed for the purpose of assessing your suitability to sell Post Office products
and services, in line with our Legal Obligations. The information you have provided may be verified
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by referenceto information already held by Post Office Ltd. Your personal information will be
processed pursuant to our obligations under Data Protection Legislation.
When the form has been fully completed, please return this form, one of the completed P13’s and the
completed Security Checks Consent form to the following address:
Support Services (P250s), Postmaster On-boarding Team, Post Office Ltd, Atria, Spa Road, Bolton,
BL1 4AG.
Document I Version or Date Review _I Owner Location
P250 10 18/05/2 Support T:\P250
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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 ortwo documents
from either of the combinations shown in List 2.
LIST 1
¢ Apassport showing that the holder is a British citizen, or has a right of abode in the United
Kingdom.
« Adocument 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).
e Aresidence permit issued by the Home Office to a national from a European Economic Area
country or Switzerland. (See note * below).
« Apassport 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).
« Apassport 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).
« Apassport 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).
e An Application Registration Card issued by the Home Office to an asylum seeker stating that the
holder is permitted to take employment.
-(*Nationals.fcom certain states within the European Economic Area (contact the Home Office, on
for details) must register with the Home Office within one month of starting
ploy: ; 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
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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 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 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
(APPENDIX 3 FOLLOWS)
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Recruitment Checklist
Applicant’s Full
Name
Applicant’s National Insurance
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APPENDIX 3
Number
(a) Atleast 2 references obtained? YES NO
(b) Evidence of identity seen?
Documents and details:
(c) Evidence of permanent NI number seen and any
necessary photocopies taken and retained on the
Applicant's recruitment file? Document and details:
(d) Evidence of address seen? Document and details:
(e) _ Evidence of right to work in UK seen and all necessary
photocopies taken and retained (including Home Office
registration application if applicable) in the Applicant's
recruitment file?
(f} Has the 5 year work history been seen and verified if
necessary?
(g) I Has the Applicant ever been found guilty (including
conditional discharges) of any offence in a court of law
(including a Youth Court or Court Martial)?
(h) If the answer to (g) is "Yes", has the Relevant Information
been shown in the P250
(i) _ Has the Applicant received any caution, reprimand or
warning, or has he/she been involved in any mis-selling
or lack of integrity in any form of selling environment?
(j) _ Ifthe 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?
(J Has the P13 been completed in full and sent with the
P250?
(m) Has the authorisation for employment of the Applicant
been received?
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(n) Date employment as Assistant commenced.
END
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POST OFFICE LIMITED
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 sub 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.
3.1
3.2
3.3
All new Subpostmasters and newly recruited Assistants are required to sign a Personal
Declaration (form P13 attached as Appendix 1 to this Section) 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.)
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 P301 is at Appendix 3 of this Section.)
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 plc 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 ple and Post
Office Ltd is primarily responsible for:
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(a) 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 ple,
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 Group plc 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.
6. A Subpostmaster wishing to communicate with the public news media should be guided by
the following: -
(a) there must be no unauthorised disclosure of official information (see above);
(b) views and opinions expressed publicly must not bring Post Office Ltd or any other
Subpostmaster, Franchisee, Operator or Royal Mail Group ple 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 ple.
if 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.
8. Particular care is necessary when offering spontaneous comment to press or broadcasting
reporters or interviewers.
PUBLICATION OF OFFICIAL INFORMATION
9. No Subpostmaster may, without the 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.
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 sub 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 which may come into his hands officially, the subject of legal
proceedings.
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USE OF OFFICIAL INFORMATION OR POSITION FOR PRIVATE PURPOSES
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)
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APPENDIX 1
FORM P13
YOU SHOULD READ THIS DOCUMENT CAREFULLY AND THEN SIGN YOUR
NAME TO THE DECLARATION BELOW.
POST OFFICE LIMITED’S OBLIGATIONS
Post Office Limited must ensure that letters, parcels and all other communications or items
entrusted to it are not interfered with in any way. Post Office Limited must also ensure that all
transactions and interactions with customers are conducted in line with business policy and current
legislation.
To help Post Office Limited provide this essential service to the community, there are important
legal requirements with which you must comply. It is important for you to be aware of and
understand these provisions, not only for your own sake but also in order that you do not, through
any fault or omission on your part, enable or tempt others to break them.
SAFETY OF POSTAL PACKETS
It is a criminal offence to steal, deliberately destroy or damage a letter, parcel or any other
postal packet in course of transmission by post. It is also an offence to open or delay (contrary to
your duty) a letter, parcel 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. Serious penalties, including terms of imprisonment, are
provided for such offences. Other misconduct which endangers the safety or security of a postal
packet may lead to termination of employment or engagement or contract with Post Office Limited.
PREVENTING AND REPORTING CRIME
You have a civil and contractual duty to report any suspicions that you may have of criminal
behaviour in others and Post Office Limited is committed to recover the value of any loss caused by
crime and the investigation/prosecution costs.
CRIMINAL OFFENCES
If you are charged with any criminal offence whilst employed or engaged by Post Office Limited,
you must immediately inform your line manager of the details. Where a person engaged in Post
Office Limited business is involved in a criminal offence, the police have discretion to notify Post
Office Limited of convictions and may provide other relevant information.
CONFIDENTIAL INFORMATION
You must not whilst employed or contractually bound by Post Office Limited or engaged in Post
Office Limited’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 Post Office Limited or its business partners, except as previously authorised in writing
by or on behalf of Post Office Limited. Any unauthorised disclosure may amount to a criminal
offence.
CODE OF BUSINESS STANDARDS (or any standards that may replace this)
High standards of personal conduct at work are expected of everybody who works for the company.
* We should all demonstrate: care, challenge to make things better and commitment
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- honesty and integrity
punctuality and good attendance.
Conduct which damages service to customers or the reputation or efficiency of the company is
unacceptable, including for example lateness, poor attendance, dishonesty, drunkenness, use of
illegal substances and violent behaviour.
PHOTO ID
In signing this document you agree that you understand that it is an absolute requirement for you
to display or to be able to produce Post Office Limited photographic identification, or in the case of
contractors other agreed photographic identification, at all times that you are on duty or within Post
Office Limited premises. ( Ifapplicable)
Continued overleaf
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DATA PROTECTION
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I understand that anyone who handles information about identifiable living people, whether processed
electronically or manually, may commit an offence, if he/she improperly obtains, holds, uses or discloses
any such information. Improper handling of personal data could lead to disciplinary action up to and
including dismissal/ have contractual ramifications/ may lead to you no longer being able to sell Post Office
Ltd products and services.
1 HAVE READ AND FULLY UNDERSTAND THIS DOCUMENT; I UNDERSTAND THAT IT FORMS PART OF
MY CONTRACTUAL DUTY TO ADHERE TO ALL OF THE STANDARDS DEFINED ABOVE. I AGREE THAT
ACOPY WILL BE RETAINED IN MY FILE.
If you are an agency worker or contractor, you agree that signing this form does not imply that
you should be construed as an employee of Post Office Limited and you accept and agree that you
are not an employee of Post Office Limited.
The person signing this form should sign with their ordinary signature in the presence of a Post
Office Limited appointed witness.
Full Name:..
(Block Capitals)
Pay Number (if applicable): ..
(Leave blank - for POST OFFICE LIMITED use only)
Signature:..
Date of signature: ...
Signed in the presence of Post Office Limited appointed witness:
Post Office Limited witness Print Name:
(Block Capitals)
Post Office Limited witness Job Title:...
Post Office Limited witness Signature:...
Post Office Limited witness Telephone No:..
Please ensure this form is signed and witnessed before being forwarded to HRSC Bolton
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(APPENDICES 2 AND 3 FOLLOW)
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APPENDIX 2
SUMMARY OF EXTRACTS FROM ACTS OF PARLIAMENT
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
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.
Section 125(1)
Postal packet means a letter, parcel, packet or other article transmissible by post.
Schedule 7 Unauthorised Disclosure of Information
Any person who makes an unauthorised disclosure of information obtained whilst dealing with work
of a universal service provider, which relates to the affairs of an individual or a particular business
commits a criminal offence.
(APPENDIX 3 FOLLOWS)
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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
¢ 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.
Iam 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;
Thereby declare that I have surrendered any equipment and any document including any electronic
document and back-up disc made or acquired by me owing to my official position, save such as I have Royal
Mail Group’s written authority to retain.
Signature... .Job Title:..
Full Name (Block Letters):...
Permanent Home Address (incl. Postcode)...
Date:....
Business Address...
Date of Birth:
.Date of Leaving.
Signed in The Presence of...
Forename(s) (Block Letters):.
Reg’d No. of Appt. Papers:...
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END
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POST OFFICE LIMITED
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.
11
12
13
14
1.5
1.6
PRIVATE BUSINESS
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.
It is 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.
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.
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.
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.
The non-compete restrictions on private business activities on the premises in which the Post Office®
branch is situated are as follows:
@ business concerned with the provision of services relating to the collection, conveyance
and/or delivery of letters, parcels and packages (collectively called “Packets” in this
paragraph) including without prejudice to the generality of the foregoing: the sale of stamps,
pre-paid postage labels and stationery with prepaid postage; the acceptance, retention,
sortation, return and redirection of Packets (including Packets containing mail order or other
home shopping goods and other Packets); and the acceptance of payment for such services;
(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
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(iii)
(iv)
(v)
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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;
the sale of National Lottery products;
Banking, Building, Industrial and Provident Society, Friendly Society or Credit Union business
or otherwise making available banking facilities including, without limitation, cheque-cashing,
bureau de change (including the selling and buying back of currency, on demand and pre-
order services), collecting deposits or providing withdrawal facilities on behalf of deposit-
takers whether over-the-counter or through an automated teller machine (ATM) or providing
loans, credit cards or other forms of credit or credit brokerage services but not including the
provision of cash-back transactions or the provision of basic saving stamp schemes which do
not 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 17.
Key Products and Services are the core products and services offered by Post Office Ltd. The Key
Products and Services are:
0)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
Letters, parcels and packages services of any kind and related services;
Services for the payment of bills, collection of payment or collection of revenue;
National Lottery products;
Banking services, including bureau de change;
Financial services;
National Savings and Investment products;
Money transfer services;
Postal orders;
Savings stamps;
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2.2
2.3
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(x) Benefits’ distribution and Government services;
(xi) Motor vehicle and driver licensing services and other motorist services;
(xii) I Telephony products and services;
(xiii) Travel ticketing and travel passes; and
(xiv) Television licensing services.
Post Office Ltd reserves the right to amend this list of Key Products and Services from time to time. No
new products or services will be introduced to this list which are not current or future key sources of
revenue and/or contribution for Post Office Ltd.
If a 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.
Subpostmasters may apply for a waiver from the non-compete restrictions in paragraph 1.6 of this
section 17. 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. Ifa 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.
A Subpostmaster must not use and must ensure that no third party uses the name “Post Office” in
connection with any of his private business activities (or the private business activities of acompany
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.
A Subpostmaster must not engage Royal Mail Group employees to undertake any work whatsoever
connected with the Subpostmaster’s private business (or the private business activities of a company
with which he is associated in any way) at any time when they are employed in Post Office® or Royal
Mail Group duties.
BETTING AND GAMBLING; LICENSED PREMISES; BORROWING AND LENDING MONEY
A Subpostmaster and his Assistants must not:
(ea) bet or gamble by means of post (betting by private telephone off the Post Office® part of the
premises is permissible); or
if take part in racing etc. pool or competitions or betting at “fixed odds” on football matches
Pi ig etc. pi Pp 8
(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;
60) allow or provide for gambling; or
(ii) conduct any business with a turf commission agency or a football or turf pool agency.
Notwithstanding the conditions of Paragraphs 1.6(iii), 1.10 and 2.2 above, 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 III of the Betting
and Lotteries Act (Northern Ireland) 1957). The onus of ensuring that the law is complied with rests
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2.6
3.1
3.2
4.1
4.2
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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 an “on” licence allowing for the sale
of drinks, other than a restaurant, has been granted, unless the premises have been clearly divided so
that Post Office® customers do not need to go through the licensed premises. There is no objection to
the Subpostmaster holding an “off” licence provided the liquor is sold in closed vessels.
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:-
6) 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 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 ple 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 COUNTERS LTD
SECTION 18
NON-OBSERVANCE OF RULES: APPEALS PROCEDURE
ALLEGATIONS OF NON-COMPLIANCE OR NON-OBSERVANCE OF RULES
1. Although there may be instances where civil or criminal proceedings are contemplated in which it
would serve no useful purpose to call for a written explanation, in all other instances, and without
prejudice to any subsequent proceedings, any 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.
2. At the discretion of the Retail Network Manager which will not normally be withheld, the
Subpostmaster may, if he wishes, meet the Retail Network Manager to discuss the allegations. he may
be accompanied by a friend while doing so. The friend must be aged 18 or over and cannot be
someone involved in the enquiry. The friend must be a Subpostmaster, sub-office Assistant or Post
Office employee - and can be the local NFSP representative.
a As repeated breaches of the rules, even if minor in themselves, may (subject to clause 10 of Section 1)
lead to the determination, without further warning or appeal, of the contract by means of the giving of
three months’ notice, it is strongly recommended that Subpostmasters take the opportunity to make
such written and verbal explanations of their actions at the time of the alleged breach of rules. A
record will be kept by the Retail Network Manager of any such discussions and of any written
warnings issued to the Subpostmaster.
REPRESENTATIONS ON POST OFFICE MATTERS
4. Without prejudice to the above a Subpostmaster may address at any time the Regional General
Manager and representation he may wish to make having reference to his duties, remuneration or
any other Post Office matter. The decision of the Regional General Manager as to his response to such
representations is final.
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 Post Office Limited
"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 the Regional
General Manager whose decision is final.
APPROACHES TO PERSONS OUTSIDE EITHER POST OFFICE LIMITED 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 Limited 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 Limited papers or allow them out of his custody for the purpose of such consultation
without the permission of the Retail Network Manager.
END
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POST OFFICE LIMITED
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, or taken part in, an act of dishonesty against Post Office Limited may be prosecuted.
Furthermore, any Subpostmaster so involved renders himself, subject to clause 10 of Section 1, liable
to summary termination of his contract. The case of an Assistant Post Office Limited 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 his Regional General Manager if he is arrested and refused bail, or if
he is convicted by a Court of any criminal offence (except a traffic offence for which the penalty has
not included imprisonment).
IMMORALITY AND OTHER MATTERS OF PERSONAL CONDUCT
3.
It is the aim and practice of Post Office Limited 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 Limited 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.
4.1
4.2
4.3
5.
6.
A Subpostmaster may be suspended from office at any time if that course is considered desirable in
the legitimate interests of Post Office Limited 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 office(s) where he holds appointment(s) have been established to the satisfaction of Post Office
Limited, or are admitted, or are suspected and are being investigated, provided that Post Office
Limited shall not suspend the Subpostmaster:
arbitrarily, irrationally or capriciously;
without reasonable and proper cause; and/or
in circumstances where Post Office Limited is itself in material breach of duty in respect of the
matters which Post Office Limited considers give it the right to suspend.
Not used.
Not used.
CRIMINAL CONDUCT: REPORTING
7.
If a Subpostmaster has knowledge or suspicion of dishonesty or other criminal conduct affecting
either Post Office Limited or Royal Mail Group plc on the part of any person including a Post Office
branch Assistant or an employee of either Post Office Limited or Royal Mail Group ple he must, if
there is any apparent need for immediate action, at once tell the Regional General Manager
confidentially of his knowledge or suspicion.
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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 7, also avoid putting that person upon his guard by definite refusal). The Subpostmaster
should as soon as possible tell the Regional General Manager what has happened giving a full report
and description of the person so that an immediate report can be made to POID and instructions
sought.
A Subpostmaster or 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 to a betting agent,
and presumably already containing a betting slip or other communication respecting the result of
some race, game or sport, should accept it and with it any bribe offered for compliance. He should at
once initial the cover and hand it and the bribe to the Regional General Manager, to whom he should
report as provided in the last sentence of paragraph 8.
THEFTS BY STRANGERS
10.
A Subpostmaster or Post Office branch Assistant who sees a theft of property of either Post Office
Limited or Royal Mail Group plc committed by a stranger should inform the Police of the facts and
then report the matter to his Regional General Manager as soon as possible.
FAILURE TO REPORT DISHONESTY
11.
In line with any employee of either Post Office Limited 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 Limited or Royal Mail Group plc, whether the
likely offender be connected with either Post Office Limited 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 POST OFFICE INVESTIGATION DIVISION
12.
13.
14.
The main job of the Investigation Division is to investigate, or help the Police to investigate, criminal
offences against the Post Office, British Telecommunications and the Department of National Savings.
the Investigation Division does NOT enquire into matters where crime is not suspected.
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.
Although they comprise the minority of all Investigation Division crime investigations, there are many
cases where the possibility (or even direct suspicion) arises that persons employed on Post Office
business may be involved. Officers of the Investigation Division conduct interviews about these
suspected offences and they are required to observe the same code of conduct when obtaining
evidence as that laid down for Police Officers. This provides for an officer investigating a criminal
offence to question any person, whether suspected or not, from whom he thinks that useful
information may be obtained. As soon as the Investigation Division officer has evidence which would
afford reasonable ground for suspecting that a person has 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.
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Ifa 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.
18.
19.
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 Limited or Royal Mail Group plc - and can be the local NFSP
representative. To avoid unreasonable delay and to ensure that interviews will not commence until a
friend, if requested, is present, the person being interviewed will be asked to nominate alternative
friends if the one first (or subsequently) chosen is not available or may be involved in the enquiry.
Ifa person being interviewed declines to have a friend present when asked but changes his mind
later, he may ask for a friend to be called at that stage. If he is not questioned as a suspected person at
the outset (i.e. not under caution), but fresh evidence emerges during the interview which gives
reasonable grounds for suspicion, the Investigation Division officer will make this clear and explain
that he proposes to continue his questions after 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 the Post Office) as it might constitute a breach of the Official Secrets
Acts. The questioned officer may, however, if he so desires, communicate the friend's statement to the
National Federation of Sub-Postmasters in strictest confidence.
SEARCHES
20.
21,
Ifa person agrees to his property or house being searched by Investigation Division staff the
Investigation Division officer will ask, before the search is carried out, if he wishes to have a friend
present.
Investigation Division officers have no authority to search a Subpostmaster or Post Office branch
Assistant or their homes unless the have first obtained the agreement of the person concerned or they
have obtained a warrant to do so. In practice Investigation Division officers only seek authority or
permission to search when it is deemed absolutely necessary or in the interests of the person
involved (e.g. as a pointer to their innocence). If search by consent is carried out during the course of
enquiries which do not substantiate any suspicion that may have been directed at a Subpostmaster or
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.
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END
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POST OFFICE LIMITED
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 Limited, before a
Subpostmaster will be allowed to resume the provision of "Personal Service".
If the local Public Health Department should require the temporary closing of the office, the Regional
General Manager will issue instructions as to the stock, etc. In such cases the question of continuing
payment of the subpostmaster's emoluments subject to a deduction in respect of any saving in
expenses, will be considered on its merits.
These conditions apply equally to any assistants employed by a subpostmaster on Post Office duties.
Also, in such cases the question of meeting any loss sustained by the Subpostmaster or Post Office
branch Assistant in consequence of the latters enforced absence will be considered on its merits. It
should, however, be understood that the object of any payment that may be made by Post Office
Limited 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 the Post Office
employees with whom they might come in contact in his Post Office work. Post Office recognises no
other obligation in the matter.
END
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POST OFFICE LIMITED
SECTION 21
TELEPHONE FACILITIES AT SUB POST OFFICES
THE OFFICIAL BRANCH TELEPHONE LINE
1.
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 a telecommunications
provider of Post Office Ltd ’s choice in order that Post Office Ltd may use the line for the Post Office
Ltd Asymmetric Digital Subscriber Line [ADSL] service.
The Horizon equipment ("Horizon" being as defined in Section 12), 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.
Post Office Ltd is under no obligation to provide an Official Branch Telephone Line that can be used
for any purposes other than official Post Office Ltd purposes. If the Official Branch Telephone Line is
capable of any private use, the Subpostmaster must use the Official Branch Telephone Line solely for
official Post Office Ltd purposes and must not utilise it for any private purposes, except as provided
for in 9.3 below.
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
8.
The Subpostmaster must provide:
@ a direct exchange line; or
(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).
The Subpostmaster’s requirement to provide the Official Branch Telephone Line may be discharged in
the following ways:
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9.1 An Official Branch Telephone Line provided by a telecommunications provider of Post Office
Ltd’s choice meets the requirements of the Post Office Ltd ADSL service. It is the simplest and
preferred option. A Subpostmaster making use of an Official Branch Telephone Line provided
by a telecommunications provider of Post Office Ltd’s choice may not opt to provide the Official
Branch Telephone Line by way of the arrangements described in 9.2 and 9.3.
As of the date of transfer of Official Branch Lines under control of Post Office Ltd to a new
telecommunication services provider it shall be possible to use Official Branch Telephone
Lines provided by a telecommunications provider of Post Office Ltd’s choice for official and
private calls.
From a date that will be communicated by Post Office Ltd, it will no longer be possible to use
the Official Branch Telephone Line for private calls. This date is anticipated to be in February
2018.
Post Office Ltd shall remain responsible for the line rental and for the cost of official calls made
by the Subpostmaster.
New Subpostmasters who take up appointment at Post Office® branches where a previous
Subpostmaster did not transfer responsibility for and ownership of the Official Branch
Telephone Line to Post Office Ltd may either transfer their lines to Post Office Ltd and use the
lines for official calls only, or continue with existing arrangements where Post Office Ltd is
invoiced for official calls while the Subpostmaster pays the provider of the telecommunication
services for line rental, official, and private calls, as provided for in 9.3 in the event that Post
Office Ltd is unable to offer either option 9.1 or option 9.2.
9.2 By allowing the installation by Post Office Ltd at the Post Office @branch of a separate
telephone line from a telecommunications provider of Post Office Ltd‘ s choice to be used as the
Official Branch Telephone Line. The Subpostmaster may retain whatever private lines and /or
telecommunications facilities he or she wishes, but those facilities shall not be used for official
purposes. Post Office Ltd will pay the telecommunications provider of the Official Branch
Telephone Line directly for the use of this line. The Subpostmaster will incur no telephone costs
for the provision of the Official Branch Telephone Line and therefore has no need to reclaim
any such costs from Post Office Ltd.
9.3 By the provision of the Official Branch Telephone Line via any 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. 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 agree to
transfer to either option 9.1 or option 9.2, unless Post Office Ltd is unable to offer either of
those options, in which case the existing arrangements would continue.
New Subpostmasters who take up appointment at Post Office® branches where a previous
Subpostmaster adopted the option in 9.3 are required as a condition of their appointment to
change to option 9.1 if possible, or option 9.2 if option 9.1 cannot be achieved upon
appointment unless Post Office Ltd is unable to offer either of those options, in which case they
may maintain the arrangement provided for in 9.3.
TELEPHONE COSTS REIMBURSEMENT
10. The following applies only to those Subpostmasters who provide the Official Branch Telephone Line
in accordance with option 9.3 above.
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RENTAL CHARGES
11. Post Office Ltd, on production of a paid quarterly telephone account, will reimburse the
Subpostmaster the reasonable rental charges billed by the provider of the Official Branch Telephone
Line including the VAT element (see paragraph 16) 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
12. 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.
13. The standard allowances have been fixed at a level that takes into account the varying conditions
between offices. They also allow a margin for contingencies.
Branch Banding (per annum) Official call per annum
Up to £12k £5.48
Between £12k and £25k £10.92
Between £25k and £35k £40.32
over £35k £52.92
SUPPLEMENTARY ALLOWANCE
14. Not used.
SUBMISSION OF TELEPHONE REIMBURSEMENT CLAIM
15. I The Subpostmaster must submit his paid telephone invoice on a quarterly basis for reimbursement.
REIMBURSEMENT OF VAT CHARGES
16. 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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SECTION 22
QUALITY STANDARDS
1.
Post Office Limited, through its network of post offices, aims to give customers and clients a high
quality service. The Subpostmaster must therefore give high priority to serving customers quickly
and efficiently, and to fulfilling the documentation requirements of clients with accuracy and
professionalism. Also the Subpostmaster will participate in "Putting the Customer First" by attending
the training sessions which form the programme and carrying out the interim activity required
between sessions.
The interim activity consist of commitment to display the Customer Charter in the public area of the
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 Limited, 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 the retail network manager. Subpostmasters should make all reasonable
efforts to encourage their staff to participate in the training.
Payment for attendance at the four "off site" sessions, led by retail network managers, within the
"Putting the Customer First" programme, will be for travel and substitution.
WAITING TIME
2.
The Subpostmaster should ensure that the time for which customers wait to be served is kept to the
minimum, and make any adjustments to the staffing pattern accordingly. To help achieve this
objective Subpostmasters in offices displaying the charter, particularly those in larger offices, will be
encouraged to monitor waiting times using the system developed by Post Office Limited.
This entails counting the number of customers queuing and the number of clerks serving, three times
a day and to supply the information to Post Office Limited to enable the results to be analysed and fed
back to the Subpostmaster.
While Post Office Limited has an overall national objective for customers to wait for no longer than
five minutes before being served, it is recognised that customers have different needs and
expectations of waiting time in different offices, and at different times of the day or week. However,
Regional General Managers will treat very seriously any evidence which suggests that the
Subpostmaster is not making all reasonable efforts to ensure that customer waiting time is
minimised, to meet the needs of customers locally.
TRANSACTIONS
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 Limited
incurs financial penalties as a result of the Subpostmaster's failure in this regard, Post Office Limited
may, subject to clauses 12 and 13A of Section 12, pass on this additional cost to the Subpostmaster.
The Appendix to this Section sets out the current maxima of the penalties which can be passed on to
the Subpostmaster. In such circumstances, Post Office Limited will furnish copies of the appropriate
documents as evidence in support of any action. Failure to properly complete accounting and traffic
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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 Limited could, subject to clause
10 of Section 1, result in termination of contract.
(APPENDIX 1 FOLLOWS)
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QUALITY STANDARDS
SUBPOSTMASTER ERRORS: MAXIMUM PENALTIES
(a)
(2)
21
2.2
(3)
(4)
British Telecom
Late despatch of BT Bills with due account to cut off times
and where this is demonstrably the fault of the
Subpostmaster.
Girobank
Error notices issued in respect of PDR (G.6301/G.6302)
transactions, Community Charge (G6403) transactions,
Green/Violet Girocheques (G6305/7) transactions.
Cashing other Bank's Cheques: Fraud Losses
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Maximum Penalty
W.EF 1.4.93
£10 (per summary form)
£23.54 (per error notice)
Post Office Limited 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
Incorrect Licence issued
Lost tax discs(where Subpostmaster failed to safeguard
properly)
Department of National Savings
£8.50 per licence
£8.50 per licence
The six-monthly
rate of duty for
private and light goods vehicle
chargeable at the time of loss.
DNS may seek recompense from Post Office Limited for fraud losses, where error by Subpostmaster
had led to payments which should not have been made. For example:-
a) Where a stop payment has been ignored.
b) Where a forged date stamp impression is a bad one.
c) Where pass book entries have been blatantly altered.
d) Where the wrong balance figures have been entered.
Again, depending on the circumstances, a contribution can be sought towards losses
incurred.
END
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POST OFFICE LIMITED
SECTION 23
REDEMPTION OF TELEPHONE, TELEVISION, MOTOR VEHICLE AND OTHER SAVINGS STAMPS
1.
@
(ii)
(iii)
(iv)
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/her own discretion, decided to allow.
It is TOTALLY UNACCEPTABLE for a Subpostmaster (or anybody acting on his behalf) to:-
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;
affix savings stamps to savings cards and claim them as if they had been redeemed by a customer in
the normal course;
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;
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 Limited will view such activities
extremely seriously and in such circumstances almost certainly (subject to clause 10 of Section 1)
consider termination of the Subpostmasters Contract for services.
END
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POST OFFICE LIMITED
SECTION 24 SUBPOSTMASTER CONTRACT,
MAILWORK
1. If the Subpostmaster provides Mailwork, then the terms set out in the Mailworks Requirements
Manual (as amended from time to time) shall apply.
END
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POST OFFICE LIMITED
SECTION 25 SUBPOSTMASTER CONTRACT.
GENERAL DATA PROTECTION REGULATION SCHEDULE
1. DEFINITIONS
11 For the purposes of this Section 25 the terms below shall have the following meanings, regardless of
any other meaning that may have been given to such terms in the Agreement:
Agreement
Assistants
Branch
Branch Premises
Client
Customer
Data Protection Legislation
Data Protection Regulator
GDPR
Intellectual Property Rights
Manual
shall mean this contract
a person employed by the Postmaster who is
approved by Post Office Ltd to work in the Branch
the Post Office branch operated by the Postmaster
the premises from which the Branch is operated
any person on whose behalf services and/or
products are supplied by Post Office Ltd through its
network of Post Office branches
a customer of the Branch and/or Post Office Ltd
the GDPR, the Privacy and Electronic
Communications (EC Directive) Regulations 2003
and all other applicable laws in respect of data
protection and data privacy including any
applicable guidance or codes of practice that are
issued by a Data Protection Regulator and/or
Working Party 29
the Information Commissioner's Office and the
European Data Protection Board or any successor
body to either regulator from time to time and any
other supervisory authority with jurisdiction over
either Party in relation to matters of data
protection and privacy
the European General Data Protection Regulation,
namely Regulation (EU) 2016/679
all patents, copyrights, design rights, trade mark,
goodwill, trade secrets, know-how, database rights,
moral rights and other rights in the nature of
intellectual property rights (whether registered or
unregistered) and all applications for the same,
anywhere in the world
the operational manuals, guidelines and
instructions issued by Post Office Ltd, as amended,
updated or supplemented from time to time
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1.2
21
2.2
2.3
24
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New Postmaster anyone appointed by Post Office Ltd to operate all
or part of the Branch whether at the Branch
Premises or at alternative premises following the
termination ofthe Agreement
Personal Data any information relating to an identified or
identifiable person (a data subject) provided by
Post Office Ltd or a Customer to the Postmaster
(or any Personnel) or processed by the Postmaster
(or any Personnel) in connection with the
Agreement
Personnel the Postmaster's employees, agents, contractors
and advisors (including Assistants)
Postmaster the Subpostmaster
Security Incident has the meaning set out in clause 2.13
below
Transaction each supply of a product or service to a Customer
in the Branch
The terms controller, processor, processing/process and data subject shall be interpreted and
construed in accordance with the Data Protection Legislation.
DATA PROTECTION
The Postmaster acknowledges and agrees that for the purposes of the Data Protection Legislation,
Post Office Ltd and/or any Client is the controller and the Postmaster is the processor of any
Personal Data. Post Office Ltd shall remain the sole owner of the Personal Data together with all
Intellectual Property Rights in the Personal Data and any compilation of the Personal Data.
The Postmaster shall at all times comply (and shall ensure that all Personnel at all times comply)
with the Data Protection Legislation in the course of performing its obligations under the
Agreement.
The Postmaster represents and agrees that it shall only collect, process or disclose Personal Data
(including to delete, amend, transfer or rectify Personal Data):
2.3.1 in accordance with Post Office Ltd's instructions (including as set out in the Agreement);
2.3.2 as otherwise provided in writing by Post Office Ltd from time to time; and/or
as strictly necessary to perform the Transactions, unless the Postmaster is required by law
(including Data Protection Legislation) to do otherwise, in which case it shall (unless prohibited by
law) promptly notify Post Office Ltd in advance of that legal obligation.
The Postmaster shall notify Post Office Ltd immediately if in the Postmaster 's reasonable opinion,
any Post Office Ltd instruction breaches a requirement of Data Protection Legislation.
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2.5 The Postmaster shall assist and fully co-operate with Post Office Ltd (as requested by Post Office
Ltd) to ensure Post Office Ltd's compliance with its obligations under the Data Protection
Legislation, including:
2.5.1 promptly carrying out any request from Post Office Ltd requiring it to amend, transfer, or
delete or securely dispose of Personal Data or any part of it;
2.5.2 immediately notifying Post Office Ltd if it receives a request from a data subject under
Data Protection Legislation and providing Post Office Ltd with the Personal Data and
details of its processing of Personal Data in response to a request by a data subject;
2.5.3 assisting with any enquiries from a Data Protection Regulator; and
2.5.4 providing all reasonable assistance to Post Office Ltd in connection with any civil,
administrative or criminal proceedings against Post Office Ltd resulting from a breach by
the Postmaster or any Personnel of the obligations under this clause 2.
2.6 When processing Personal Data the Postmaster shall take all appropriate technical and
organisational measures to preserve the confidentiality and integrity of Personal Data and prevent
any unlawful processing or disclosure. These measures must ensure a level of security appropriate
to the nature of the Personal Data and the harm which might result from any unauthorised or
unlawful processing, accidental loss, damage or destruction of that Personal Data, and must as a
minimum include the measures set out in the Manual. The Postmaster shall:
2.6.1 provide Post Office Ltd on request, with details and evidence of the measures taken by the
Postmaster; and
2.6.2 if requested by Post Office Ltd:
(a) test such measures to assess their effectiveness in ensuring the security,
confidentiality, integrity, availability and resilience of Personal Data, such testing to
be carried out in accordance with the instructions provided by Post Office Ltd; and
(b) maintain records (in the form requested by Post Office Ltd) of such testing and shall
allow Post Office Ltd to inspect any such records on request.
2.7. The Postmaster shall:
27.1 ensure that all of its Personnel having access to any Personal Data:
(a) are informed of and understand the confidentiality of the Personal Data and are
under contractual or statutory obligations of confidentiality concerning Personal
Data;
(b) have undertaken appropriate training in the handling and protection of personal data,
including as a minimum the data protection training specified in the Manual, provided
that the Subpostmaster shall only be required to train its Assistants to the same and
not a higher standard than the standard of training received by the Subpostmaster
from Post Office Limited; and
(c) are aware both of the Postmaster’s duties and obligations and their personal duties
and obligations under the Data Protection Legislation and the Agreement;
27.2 take all reasonable steps to ensure the reliability of Personnel with access to Personal
Data;
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2.9
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2.7.3 maintain proper records of all training undertaken by Personnel with regard to the Data
Protection Legislation, and shall allow Post Office Ltd to inspect any such records on
request.
The Postmaster shall permit Post Office Ltd, any regulatory authority, and/or their authorised
representatives to enter the Branch Premises at any time to inspect and audit the Postmaster's
processing of any Personal Data and take copies of relevant documentation.
The Postmaster shall provide Post Office Ltd with all information requested by Post Office Ltd to
enable Post Office Ltd to verify the Postmaster's (and its Personnel's) compliance with this clause.
The Postmaster shall not transfer or process any Personal Data (nor allow any Personal Data to be
accessed from) outside of the United Kingdom without first:
2.10.1 obtaining the prior written consent of Post Office Ltd; and
2.10.2 taking such steps as Post Office Ltd may request to ensure that any such transfer or
processing of Personal Data complies with the requirements of the Data Protection
Legislation.
Notwithstanding references to Personnel in this clause 2, the Postmaster shall not sub-contract the
processing of any Personal Data or allow any third party to process any Personal Data on its behalf.
The Postmaster shall not disclose Personal Data to any Customer or to a third party other than at the
request of Post Office Ltd or to the extent authorised by the Agreement,
The Postmaster shall notifv Post. Office Ltd immediately in writing (by sending an email to
data,protection¢ GRO x for notifications pursuant to clause 2.12.1 and 2.12.3, and by
sending an email to information.rights¢ G r notifications pursuant to clause
2.12.2) should it: =
2.12.1 receive notice of any complaint made to a Data Protection Regulator or any finding by a
Data Protection Regulator in relation to its processing of Personal Data, whether it is the
Personal Data processed under the Agreement or otherwise;
2.12.2 receive any request from or on behalf of a data subject exercising their rights under the
Data Protection Legislation; and
2.12.3. become aware of any circumstance which may cause the Postmaster to breach the
obligations set out in the Agreement or which may cause either Party to breach Data
Protection Legislation,
and shall provide Post Office Ltd with full co-operation and assistance in relation to any such
complaint, notice, request or required investigation, within the timescales required by Post Office
Ltd.
Subject to clause 2.14. the Rastmaster.shall notify Post Office Ltd immediately (by sending an email
to data.protection¢ !if it becomes aware of any actual, suspected or threatened
unauthorised exposure, access, disclosure, processing, use, communication, deletion, revision,
encryption, reproduction or transmission of any of the Personal Data, unauthorised access or
attempted access or apparent attempted access (physical or otherwise) to Personal Data or any loss
of, damage to, corruption of or destruction of Personal Data (referred to as a Security Incident).
This notification shall include:
2.13.1 the nature of the Security Incident, including the categories and approximate number of
data subjects and records concerned;
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2.13.2 the contact (if different from the Postmaster) who will liaise with Post Office Ltd
concerning the Security Incident;
2.13.3. the remediation measures being taken by the Postmaster to mitigate and contain the
effects of the Security Incident.
If the Postmaster is unable to provide all of the information required under clause 2.13 immediately,
and without prejudice to any right or remedy that Post Office Ltd may have, the Postmaster shall
provide as much information immediately and shall provide all further information as soon as
reasonably practicable thereafter.
In the event of a Security Incident, Post Office Ltd shall at its sole discretion decide whether to
inform the data subject, any third party or a Data Protection Regulator and the Postmaster shall not
notify the data subject, any third party or a Data Protection Regulator unless such disclosure by the
Postmaster is required by law or is expressly agreed in writing by Post Office Ltd.
In the event of a Security Incident, the Postmaster will promptly restore any Personal Data at its
own expense. The Postmaster will ensure that it fully co-operates with Post Office Ltd in taking any
steps to remedy the Security Incident advised to the Postmaster by Post Office Ltd.
On termination of the Agreement for whatever reason, or on Post Office Ltd's request at any time,
the Postmaster shall immediately cease to process any Personal Data and shall, at their own cost, at
Post Office Ltd’s discretion, and in accordance with Post Office Ltd's instructions, either:
2.17.1 _ return all Personal Data to Post Office Ltd together with all copies of the Personal Data in
its possession or control; and/or
2.17.2 provide the Personal Data to a third party as instructed by Post Office Ltd (which may
include a Client or a New Postmaster); and/or
2.17.3. carry out a certified and secure destruction of the Personal Data in its possession or
control.
On termination of the Agreement, and subject to any instructions provided by Post Office Ltd under
clause 2.17, the Postmaster shall not retain (and for the avoidance of doubt will ensure that its
Personnel do not retain) any copy of any part of the Personal Data, in any form or media, and shall
provide to Post Office Ltd a written confirmation (in the form required by Post Office Ltd) signed by
the Postmaster (or a duly authorised officer of the Postmaster), confirming its exacting compliance
with the requirements of this clause 2.18.
END
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INDEX
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