POL00448242
POL00448242
Partnership to Company contract
POST OFFICE LTD
SECTION 1
OPERATORS’ CONTRACT AND STATUS
CONTRACT
1. The Operator is an agent of Post Office Ltd.
2.1 The following terms used in this Contract have the following meaning unless the context
requires otherwise:
(a) Operator means the partners appointed by Post Office Ltd to operate the Post Officebranch under
this Contract;
(b) Branch Manager means the person appointed by the Operator from time to time tomanage the Post.
Office branch on a day to day basis, who may or may not be the Nominated Person;
(c) Nominated Person means the person who is a partner of the Operator and who hasbeen
notified to Post Office Ltd, by the Operator, to be the nominated person as referencedin parts of
this contract. Where the Operator operates more than one Post Office branchthe Nominated
Person must be the same person at all branches operated by the Operator;
(d) Family Member means an individual's parent, child, spouse, civil partner, sibling, former spouse
or civil partner, grandparent, grandchild, nephew, niece or any person withwhom that
individual is in a long term relationship;
(e) Insolvency Event means an event listed in Section 24 of this Contract;
(f) Post Office Group means the group of companies comprised of Post Office Limited, itsholding
companies, its subsidiaries and associated undertakings (if any) and any subsidiariesand associated
undertakings of its holding company including any subsidiaries of those associated undertakings.
The terms holding company and subsidiary shall have the meanings givento them in section 1159
of the Companies Act 2006;
(g) Control and Change of Control and Ownership have the meanings given to them inSection 23 of
this Contract; and
(h) Horizon means the Horizon computer system hardware and software, communications
equipment in Branch and central data centres where records of the transactions made in Branch
are processed, recorded and retained.
2.2 Unless otherwise stated or implied from the context all references to:
(a) one gender includes references to the other genders (e.g. references to “he” include “she” and
“iv’);
(b) aperson include references to a natural person and a corporate or unincorporated body
(whether or not having separate legal personality).
3. The Operator must provide and maintain, at its own expense, reasonable office accommodation
required by Post Office Ltd, and pay also at its own expense, anyassistants it may need to carry on
Post Office Ltd business.
4. The hours of attendance (liable to variation) are:-
to to
to to on Sundays
to to
to to on Bank Holidays
to on week days to
1
SPSO Partnership - CLEARED 25.11.2020
to
POL00448242
POL00448242
to on Public Holidays
on _ days, except when registered items or parcels are on
hand for despatch, when it may be necessary to attend at PM.
SPSO Partnership - CLEARED 25.11.2020
10.
11.
12.
13.
14.
15.
POL00448242
POL00448242
The Operator is required to accept full responsibility for the proper running of the Post Office®
branch and the efficient provision of those Post Office services which are required to be provided
there. The Operator will appoint a branch manager who must be registered as an Assistant. For the
avoidance of doubt, there is no requirement for the Nominated Person or any other partner of the
Operator to attend the Post Office® branch personally or tobe the branch manager. Retention of
the appointment as Operator is dependent on the Post Office® branch being well managed and the
work performed properly to the satisfaction of Post Office Ltd.
The Operator is informed at the time of its appointment of the classes of business itis required to
provide. It must also undertake, if called upon to do so later, any other classof business not
required at the time of its appointment but which Post Office Ltd may subsequently and reasonably
require it to do, except that Post Office Ltd may not require it to undertake Mailwork where the
Operator did not undertake to do so as part of the termsof its appointment.
The Operator may change an existing Nominated Person to another partner of theOperator by
providing written notice to the Human Resources Service Centre at Post Office Ltd.
If Post Office Ltd alters the services to be provided or withdraws a service the Operatorhas no
claim to compensation for any disappointment which may result from the change.
The terms of the appointment of Operator do not entitle the Operator, the branchmanager, the
Nominated person or any other partner of the Operator to be paid sick or annualleave, or any
pension.
If on termination of this contract the Operator disposes of its private business and/or premises in
which the Post Office® branch is situated, the person acquiring theprivate business and/or the
premises or exchanging contracts in connection with the purchase of the private business and/or
premises will not be entitled to preferential consideration for appointment as Operator providing
Post Office Limited acts for a proper purpose and in accordance with its duty of good faith when
exercising its discretion as to the appointment of a new Operator.
The Operator may terminate this Contract by giving not less than three calendarmonths' notice
in writing failing which it shall be liable to bear any expense incurred by Post Office Ltd in
consequence,
This Contract may be terminated by Post Office Ltd at any time:
(a) in case of breach of condition by the Operator, or non-performance of its obligationor non-
provision of Post Office Services by the Operator, but only if any of such breach, non-
performance or non-provision is repudiatory; or
(b) ifan Insolvency Event occurs in relation to the Operator; or
(c) if there is a Change of Control and Ownership of the Operator,
but otherwise may be terminated by Post Office Ltd, subject to paragraph 3 of Section 8, on not
less than three months' notice, provided that Post Office Ltd shall, acting in good faith and taking
into account all relevant factors (but not irrelevant ones), conscientiously consider what the
duration of such notice period should be.
The Operator will display a vacancy notice in the Post Office® branch window at the time this
contract is terminated if so required by Post Office Ltd.
The Operator's initial remuneration will be in accordance with the official figures of business
found to be warranted at the time.
The Operator shall notify Post Office Ltd in writing within 14 days:
(a) of any Change of Control and Ownership of the Operator, giving the date on which the Change
of Control and Ownership occurred and setting out the reasons why such Changeof Control and
Ownership has arisen;
(b) of the appointment or removal (by way of resignation, expulsion, death or otherwise) of any
partner of the Operator, giving the date on which the appointment or removaloccurred and the full
name and residential address of the person removed or appointed.
PO RULES & POSTAL INSTRUCTIONS
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
16. SECTIONS 1-24 contain the general terms of an Operator's appointment. Post Office Ltd issues the
Operator with rules and Postal Instructions which deal with the various classesof Post Office®
Business to be transacted at the Post Office® branch.
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
17. The rules provided for the instruction and guidance of Operators must be kept up todate. They
must be carefully studied and applied. No breach of rules will be excused onthe grounds of
ignorance.
18. Operational rules are intended for the instruction and guidance of both the Operator andthe Post
Office® branch Assistants which it employs at its Post Office® branch. The Operator must ensure
that its Post Office® branch Assistants carry out their duties in accordancewith the rules and
instructions affecting their respective duties.
19. Certain Postal Instructions are supplied to Mailwork offices for the use of thepostmen
employed there and should be kept in a position where they are readily availablefor
reference. These particular instructions and rules do not apply to Operators.
20.The Operator shall offer for sale or provide in the Branch all those products and servicesthat the
Operator is authorised by Post Office Ltd to sell or provide. The products andservices that the
Operator is authorised to sell or provide shall be those for which a relevant icon is visible on any
Horizon system in use at the branch or, by such other process providedand used to assign
product availability in either the current Horizon system or any future equivalent point of sale
accounting system.
CONTRACT - CHANGES AND AMENDMENTS
Changes in conditions of service and operational instructions, including those whichare agreed with the
National Federation of Sub-Postmasters, will appear from time to timein communications for Post Office
Ltd or by amendment to the Contract. Such changesand instructions are deemed to form part of the
Contract to the extent that such changes and instructions are reasonable.
POST OFFICE LTD
21. All instructions received from Post Office Ltd should be carried out as promptly aspossible.
OVERRIDING DUTIES
22. Each party shall:
(a) _ atall times in the performance of its obligations and exercise of its rights under the contract act
in good faith;
(b) _ 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);
(c) refrain from taking steps that would inhibit or prevent the other party from complying with its
obligations under or by virtue of the contract; and
(d) _ provide the other party with such reasonable cooperation as is necessary to the performance of
the other party's obligations under or by virtue of the contract.
23. Post Office Ltd shall:
(a) not take steps which would undermine the relationship of trust and confidence between the
Operator and Post Office Ltd;
(b) exercise any contractual, or other power, honestly and in good faith for the purpose for which it
was conferred;
(c) not exercise any discretion arbitrarily, capriciously or unreasonably; and
(d) exercise any such discretion in accordance with the obligations of good faith, fair dealing,
transparency, co-operation, and trust and confidence.
END
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POST OFFICE LTD
SECTION 2
REMUNERATION
GENERAL
1. The Operator is paid according to the amount of work which is transacted at its Post Office®
branch. All remuneration is in respect of the provision of Post Office® services.
FREQUENCY OF PAYMENT
2. Remuneration is paid monthly, by bank credit transfer, during the period of the Operator's
appointment, in accordance with the provisions of the remuneration booklets referredto below.
3. COMMERCIAL BRANCHES AND SMALL BRANCHES
3.1. The method of calculating an Operator’s remuneration will depend on whetherits Post
Office® branch is designated by Post Office Ltd from time to time as eithera “Commercial
Post Office® branch” or a “Small Post Office® branch” in accordance with the provisions
of the remuneration booklets issued by Post Office Ltd fromtime to time for each category
of branch.
3.2 The remuneration system applicable to Operators of each category of branch isset out
in these remuneration booklets. The remuneration booklets also contain the rates of
remuneration applicable to each category of branch.
3.3 Post Office Ltd may revise the remuneration rates set out in the remuneration
booklets (in whole or in part) from time to time following consultation withthe
National Federation of Operators. Any such revisions will be communicated to
Operators.
3.4 Post Office Ltd may also revise other parts of the remuneration booklets (including the
definitions of Commercial and Small Post Office® branches and theremuneration system
applicable to them) from time to time, following negotiation with theNational Federation
of Subpostmasters. Any such revisions will be communicated to Operators. Where
appropriate, revised versions of the booklets will be distributedto Operators.
3.5 The remuneration booklets (and any revisions to them) form part of the Operator's
Contract.
SEASONAL POST OFFICE ® BRANCHES
4, Where a Post Office® branch is regularly open for part of the year only, remunerationwill be
paid for the period of opening only.
OPERATOR’S PERSONAL BUSINESS
5: Full credit is normally allowed for the personal Post Office® business of aNominated Person
and his Family Members, but Post Office Ltd reserves the right to withholdcredit for part of
such business at its discretion.
PROHIBITIONS
SPSO Partnership - CLEARED 25.11.2020
6.
POL00448242
POL00448242
The delivery of stamps or postal orders or other items of business at the premisesof
persons, firms or companies is forbidden. Remuneration may be withheld in respectof any
business obtained by an Operator in breach of this clause.
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
QUESTIONS ABOUT REMUNERATION
7 If an Operator considers that the provisions of this Section have not been carrectly.annlied_in.the
case of its branch it should contact the Human Resources Service Centre or G RO
END
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POST OFFICE LTD
SECTION 3
NOMINATED PERSON'S ABSENCE FROM OFFICE
GENERAL
The Operator is free to permit the Branch Manager to absent himself from the Post Office branch,
provided the Operator makes suitable arrangements for the conduct of the office during the absence of
the Branch Manager. Neither the branch manager, nor the Nominated Person norany other partner of
the Operator, may be involved in the operation of the Post Office® branch unless they are also a
registered Assistant.
The Operator should notify the Human Resources Service Centre on form P2593 when theBranch
Manager will be away for a period of more than 3 days and give the name of the person substituting for
him.
The Operator's responsibility for the proper conduct of the office, or for any losses occurring during the
absence of the Branch Manager, is in no way diminished by the absence of theBranch Manager from the
Post Office® branch. The Operator must make proper provision, at itsown expense, for the conduct of
the office while the Branch Manager is away, but assistancetowards the cost of substitution of the
Branch Manager where he is also the Nominated Person isprovided, 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
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POST OFFICE LTD
SECTION 4
ABSENCE ON HOLIDAY - HOLIDAY SUBSTITUTION ALLOWANCE
1. Subject to the following conditions the Operator may claim for reimbursement of the necessary
cost of substitution for the Nominated Person when the Nominated Personis taking a holiday.
To qualify for reimbursement, the Operator must be able to certifythat the Nominated Person
renders on average not less than 18 hours personal services asan Assistant each week.
2. The reimbursement of the costs of substitution is paid as Holiday Substitution Allowance and the
maxima payable are published annually by Post Office Ltd and communicated tothe Operator
from time to time. The sum reimbursable is the net additional costnecessarily incurred by the
Operator in providing during the absence of the Nominated Person forthe Post Office® duties
which the Nominated Person normally performs.
3. To assist Operators to overcome the difficulties sometimes experienced in obtaining suitable
substitutes in a particular year the holiday substitution allowance extends over a period of 2 years.
The holiday periods for which the costs of substitution are payable are:-
4. Fora Nominated Person with less than 10 years' service; a total not exceeding 7 weeks ina period
of 24 months beginning 1 April in every odd year; 7 weeks for this purpose consist of 42 weekdays
plus not more than 7 associated Sundays.
5. Fora Nominated Person with 10 years or more aggregated service; a total not exceeding8 weeks
in a period of 24 months beginning 1 April in every odd year; 8 weeks forthis purpose consists of
48 weekdays plus not more than 8 associated Sundays.
NOTE: Subject to the above limits on holiday periods, Operators may claim reimbursementof substitution
costs for absences of Nominated Persons of less than 3 days, provided that claimsare aggregated and
made quarterly.
6. Proportionate adjustments will be made to the period for which reimbursement can be
claimed when a Nominated Person qualifies for the higher allowance during the 2year cycle.
7. Subject to the limits in paragraphs 3, 4 & 5, an Operator is free to permit theNominated Person
to take up to the maximum of the period for which holiday substitutionallowance may be
claimed at any time during the 2 year cycle provided that the Operator makes suitable
arrangements for the conduct of the office during its absence or that ofthe Nominated Person.
A further cycle will recur in every odd year.
8. The Operator must do its best to find a suitable substitute and make all necessary
arrangements for the absence of the Nominated Person, which should be notified tothe Human
Resources Service Centre on form P2593. In cases of difficulty Post Office Ltd or the Secretary
of the local branch of the National Federation of Sub-Postmasters maybe able to give the
names and addresses of local people known to be willing to offertheir services as holiday
reliefs to Operators. Responsibility for concluding arrangementswith such people remains
with the Operator concerned.
CLAIMS FOR REIMBURSEMENT
9. The Operator must submit a formal claim for reimbursement of the holiday substitution
allowance on the relevant forms obtainable from the Human Resources Services Centre), and
provide Post Office Ltd with all requested information, within three months of theend of the
period of substitution to which the claim relates, except in the cases as inparagraph 10 where
claims should be submitted quarterly.
10
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
10. Claims for reimbursement of substitution costs for absences of less than 3 days (see Note at
paragraph 5) should be submitted on the relevant forms obtainable from the Human.
11,
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
Resources Services Centre), and provide Post Office Ltd with all requested information, at the
quarter ended. In addition to the arrangement quoted above, with effect from January 1990 all
claims for reimbursement of the cost of employing a substitute for periods longer than 2 days in
the event of holiday or sickness, should be submitted for payment tothe Human Resources
Service Centre no later than six months following the date the claimis made.
11. Where a Nominated Person is also separately employed by Post Office Limited or any third party
either on a full or part-time basis, it is essential, in view of the terms of thecertificate required as a
condition of reimbursement of the cost of his substitution, that he should be absent from all Post
Office Limited work and all work for any third party during hisholiday as Assistant.
12. An Operator who holds more than one Post Office® branch appointment and whosatisfies the
general conditions entitling it to claim reimbursement in respect of the absence ofa Nominated
Person must also satisfy the further condition that that Nominated Personis absent from all the
Operator's Post Office® branches at the same time, ie. irrespectiveof the number of Post
Office® branch appointments held, the Operator shall only beentitled to claim reimbursement
for a total period of:-
124 not more than 7 weeks in the 24 months beginning 1 April in every odd year, if
the Operator and Nominated Person in aggregate have less than 10 years’
service;
12.2 not more than 8 weeks in the 24 months beginning 1 April in everyodd year, if
the Operator and Nominated Person in aggregate have 10 yearsor more
aggregated service.
13. Only one claim for reimbursement is admissible and not one claim per Post Officebranch
appointment held.
14. Reimbursement of the cost of annual holiday of Nominated Persons warranted under the
foregoing rules will be restricted in respect of an Operator’s first and last 2 years of
appointment to amounts proportionate to the actual periods of appointment during those
years; any overpayments which may thus occur will be recovered subsequently.
PREPARATION OF CASH ACCOUNTS DURING ABSENCE ON HOLIDAY
15. An Operator is allowed to dispense with the preparation of cash accounts on up to3 occasions in
each accounting/financial year during the absence of the Nominated Person on holiday. On one
occasion a cash account may cover up to 3 weeks transactions, andon two additional occasions 2
weeks transactions, Alternatively, on two occasions acash account may cover up to 3 weeks
transactions. In no circumstances may two occasionsbe consecutive.
16. Applications to dispense with cash accounts should be made on form P2639, tothe National
Business Support Centre (NBSC) at least 3 weeks before the date of absence, but they can only be
allowed when the 2 or 3 weeks involved fall within the same accounting period. (The accounting
periods are shown in front of the cash book).
17. “Despatch of Accounts” instructions to cover the period concerned will be suppliedby
FC4.3/CAG Chesterfield and for Scotland, Scottish Accounting Office AD1.
18. It will not be possible to dispense with 2 consecutive cash accounts when one or bothof them,
or the next account that would be due, is for longer than a normal cashaccount week, e.g.
Christmas and New Year. However, applications to dispense with oneaccount at such times
will be considered.
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
END
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POST OFFICE LTD
SECTION 5
ABSENCE - TO ATTEND TERRITORIAL, FORCES RESERVE, ETC., TRAINING
1. An Operator may be reimbursed with the cost of providing a substitute for aNominated Person
who renders an average not less than 18 hours personal services each week, up to the maximum
of the appropriate Holiday Substitution Allowance in force, for anadditional period of absence of
up to 12 working days and 2 associated Sundays in each year, to attend for training at a
Territorial, etc. camp.
2. Claims should be made on form P2340 and P2340(A on which the Operator mustcertify that the
Nominated Person has spent the whole period covered by the claim in full-time training with the
force concerned and that the Operator has actually and necessarily incurred additional
expenditure to the amount claimed. In all other aspects, the conditions relating to the payment of
Holiday Substitution Allowance apply (see Section 4).
3. Territorial, etc. forces which are recognised for the purposes of reimbursement of additional
substitution costs are:-
ARMY
Regular Army Reserve of Officers
Army Reserve - Section D Territorial
Army
ROYAL NAVY
Royal Navy Reserve
Royal Naval Auxiliary Services
Royal Naval Retired and Emergency List Officers Royal
Marines Reserve
Royal Fleet Reserve
Women's Royal and Naval Reserve
Queen Alexandra’s Royal Naval Nursing Services Reserve.
ROYAL AIR FORCE
Royal Auxiliary Air Force
Royal Air Force Volunteer Reserve
Royal Air Force Reserve of Officers
Royal Air Force Reserve - Class E
Princess Mary’s Nursing Service Reserve Royal
Observer Corps
END
10
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POST OFFICE LTD
SECTION 6
ABSENCE FOR JURY SERVICE
1. Ifthe Nominated Person receives a summons to serve on a jury the Operator shouldnotify Post
Office Ltd immediately, and should inform them of the arrangements which itproposes to make
for the conduct of the work of the Post Office® branch in the absence ofthe Nominated Person.
2. Where exceptionally the Operator is unable to find a substitute for the Nominated Person and
the Post Office® branch is temporarily closed on account of the absence ofthe Nominated
Person on jury service, the scale payment for the period of the closure willbe withheld.
END
11
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POST OFFICE LTD
SECTION 7
OPERATOR'S SICK ABSENCE SCHEME - SUBSTITUTION ALLOWANCE
1. Subject to certain conditions and limitations described below, the Operator is entitledto claim
sick absence substitution allowance, in respect of the costs of substitutionnecessarily incurred,
when the Nominated Person is absent from the Post Office® branch through illness.
CONDITIONS AND LIMITATIONS
2s The Operator may claim Sick Absence Substitution Allowance in respect of aNominated Person
who gives 18 hours or more personal service a week as an Assistant, who is not over 70 years of
age, and who is absent from the Post Office® branch through illness. The maxima rates payable
are published from time to time. The allowance is payable subject to, and in accordance with, the
following conditions:-
3. The allowance will be payable when the period of any continuous sick absence amountsto 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.
4. Payment of the allowance will be limited to an aggregated period of 13 weeks (91days
including not more than 13 associated Sundays) in any consecutive period of 12months.
5. Where a Nominated Person is incapacitated by an accident or illness which results, oris likely to
result, in a continuous absence beyond 13 weeks, Post Office Ltd mayauthorise payment of the
allowance to be extended up to a maximum period of 26 weeks (182 days including not more
than 26 associated Sundays) in any one period of 12 months. Wherean Operator has already
received up to 12 weeks of the Sick Absence Substitution Allowance entitlement in the previous
12 months in respect of a Nominated Person the Operatormay, because of an absence of that
Nominated Person resulting from an extended illness, be entitled to an allowance up toa
maximum of 26 weeks in any one period of 12months.
6. Where an Operator's period of reimbursement of sick absence substitution costs is extended
beyond 13 continuous weeks, such extension will be reviewed periodically. Underno
circumstances will an Operator be allowed to aggregate separate periods of sick absence of a
Nominated Person beyond 13 weeks in any one period of 12 months.
7. The maximum allowance payable will be the total amount calculated by applying the Operator's
appropriate Holiday Substitution Allowance rate for the period for whichsick absence allowance
is payable, or the actual additional costs of substitution incurred forthe same period, whichever
is less.
8. Where an Operator holds more than one Post Office® branch appointment and thesame
person is the Nominated Person at more than one of those Post Office® branches, the Operator
will be entitled to claim the allowance in respect of only one branch for that Nominated Person.
9. Any Operator who qualifies for the sick absence substitution allowance and canproduce evidence
to show that substitution costs were incurred should submit a claim to the Human Resources
Service Centre after the Nominated Person has been absent for three weeks. Thereafter the
Operator should claim the allowance at the end of each subsequent periodof absence of four
weeks (or at the end of the period of absence if that is reached earlier). Claim forms will be
supplied by the Human Resources Service Centre on request.
PERIODS OF SICK ABSENCE OF LESS THAN 3 WEEKS
12
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
10. Where a Nominated Person is absent sick for a period of less than three weeks, and the Operator
does not qualify for payment of the sick absence substitution allowance inrespect
13
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
of that Nominated Person, the Operator will be free to claim, in respect of any substitutefor the
Nominated Person, Holiday Substitution Allowance for the period of absence up tothe limit of any
outstanding balance of its HSA entitlement. Claim forms will be supplied bythe Human Resources
Service Centre on request.
The amounts payable will not be subject to abatement of any national insurancesickness benefit
received. Any period of sick absence for which HSA (as distinct from SickAbsence Substitution
Allowance) is paid will count against HSAentitlement.
END
14
SPSO Partnership - CLEARED 25.11.2020
POST OFFICE LTD
SECTION 8
TERMINATION
The Operator may terminate this Contract by giving not less than 3 calendar months‘ notice in
writing. If the Operator does not give such notice Post Office Ltd may require the Operator to pay
any expense which Post Office Ltd incurs in providing temporary arrangements to cater for the
business which would normally be expected to betransacted at the Post Office® branch during
any part of the 3 month notice period.
This Contract may be terminated by Post Office Ltd at any time:
(a) in case of breach of condition by the Operator, but only if such breach is repudiatory; or
(b) non-performance of its obligationor non-provision of Post Office Services by the Operator,
but only if such non-performance or non-provisions is repudiatory; or
(c) ifan Insolvency Event occurs in relation to the Operator; or
(d) if there is a Change of Control and Ownership of the Operator,
but otherwise may be terminated by Post Office Ltd on not less than three months' notice,
provided that Post Office Ltd shall, acting in good faith and taking into account all relevant
factors (but not irrelevant ones), conscientiously consider what the duration of such notice
period should be.
Subject to paragraph 4, but notwithstanding any other provisions of this contract, Post Office Ltd
shall not terminate the contract:
arbitrarily, irrationally or capriciously;
without reasonable and proper cause; and/or
in circumstances where Post Office Ltd is itself in material breach of duty in respect of the
matters which Post Office Ltd considers give it the right to terminate.
Paragraph 3 does not restrict Post Office Ltd's ability to terminate for a repudiatory breach.
END
15
POL00448242
POL00448242
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POST OFFICE LTD
SECTION 9
INJURY RESULTING FROM CRIMINAL ATTACK
REPORTS
If an Assistant is injured in an attempted robbery of Post Office property a report shouldbe made
at once to Post Office Ltd however slight these injuries may appear to be. In addition, in order
that entitlement to National Insurance (Industrial Injury) benefit maybe preserved it is
important that the Department of Work and Pensions (DWP) shouldbe informed without delay.
POST OFFICE LTD PERSONNEL CRIMINAL INJURY COMPENSATIONSCHEME
2.
The scheme has application to Assistants and reliefs and substitutes who sustain permanent
physical injury during the theft/attempted theft of Post Office® property onthe premises, in or
out of normal business hours; or whilst travelling to/from the bank onPost Office® business.
For the purpose of the scheme, registered Post Office® branch Assistants are those:-
(a) I whose commencement of employment has been reported to the Post Office Ltdon form
P250 and thereafter recorded on form P356W at 1 April each year as being employed
on Post Office® work full-time, part-time, occasionally; or
(b) whose employment as a temporary Assistant or substitute has been reported to Post Office
Ltd on form P250.
Also covered is DISAPPEARANCE, if any of the categories of the people in (2) aboveis missing as a
result of criminal activity, and is presumed dead, a claim can be madesubject 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 foundto be
alive.
EXCLUSIONS
4,
(a)
The policy does not cover:-
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;
16
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
(c) any pre-existing physical or mental defect or infirmity;
(d) war risks.
CONDITIONS
The maximum benefit payable to one individual in one insurance year is £60,000 irrespectiveof the
number of incident/claims which may have occurred. If the maximum benefit is paid to one individual in
one insurance year no further liability rests with Post Office Ltd. Post Office Ltd’s liability for a series of
claims in any insurance period for the same person shall not exceedthe maximum benefit (£60,000).
5.1 Any benefits payable under Parts 2 and 3 of the Schedule of Benefits will only be paidon
receipt of a DWP Medical Assessment, confirming permanent disablement Data to be suppliedto Post
Office Ltd. Payment under Part 2 will not be made before the expiry of 90 consecutivedays of
disablement. Fifty percent of the value of the medical assessment of benefit may be paidon receipt of a
2 year provisional assessment. Any balance will be paid if life assessment isgiven. 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 bededucted from
the maximum benefit (£60,000), if the individual concerned subsequently dies, orsuffers 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 advanceof the
settlement of a claim under Parts 1, 2 or 3 of the schedule but is subject to anoverriding maximum
benefit of (£60,000).
Benefits under Section 4 may be paid up to, but not exceeding 104 weeks, fortotal disablement
arising from a criminal attack while collecting cash from the bank for authorised Post Office® business.
Payments may be made:-
(a) atthe end of the period(s) of total disablement; or
(b) at the injured persons request, at the end of at least four weeks total disablement and
thereafter at four weekly intervals, if requested.
Payments are subject to the provision of medical and any other relevant informationas
requested by Post Office Ltd.
5.5 Disablement or Partial loss not specified in the schedule of benefits.
The percentage benefit will be in accordance with the DWP medicalassessment.
CLAIMS PROCEDURE
6. Claims must be made by the injured person (or his personal representative) to Post Office Ltd
within 3 months of the date of the incident(s). Claim forms are available from Post OfficeLtd or the
Headquarters of the National Federation of Sub-Postmasters.
EVIDENCE
17
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
7. All certificates and information shall be sent to Post Office Ltd as and when requested. Ifa Second
opinion is required, an appointment will be made at a time and date mutuallyacceptable. The cost will be
met by the scheme. The injured person will as often as required, submitto medical examination in
respect of any alleged bodily injury.
8. In the event of any dispute, Post Office Ltd reserves the right to take such disputes toan
independent insurance broker for arbitration.
9. Income Tax is not payable on any benefits under the scheme.
THE GOVERNMENT'S SCHEME
10. Compensating victims for crimes of violence is administered by the Criminal Injuries
Compensation Authority, whose address is Alexander Bain House, Atlantic Quay, 15 YorkStreet,
GLASGOW G2 8JQ Details of scheme can be obtained from the Authority, Office of the Department of
Work and Pensions and Citizens Advice Bureaux. Injuries which occur inNorthern Ireland, the Channel
Islands and the Isle of Man are outside the scope of the government scheme.
(APPENDIX 1 FOLLOWS)
18
SPSO Partnership - CLEARED 25.11.2020
APPENDIX 1
SCHEDULE OF BENEFITS
L Death
2. Permanent total Disablement resulting in inability to followany
occupation
3. Loss of/loss of use of limb(s) etc. and permanent disabilityin
accordance with the following permanent disabilities:-
PERMANENT TOTAL DISABLEMENT
Total loss of sight of both eyes
Total incurable insanity
Loss of both arms or both hands
Complete deafness of both ears of traumaticorigin
Removal of lower jaw
Loss of speech
Loss of one arm and one leg
Loss of one arm and one foot
Loss of one hand and one foot
Loss of one hand and one leg
Loss of both legs
Loss of one eye
Complete Deafness of one ear
UPPER LIMBS
Loss of one arm or hand
Total loss of thumb.
Partial loss of thumb (ungual phalanx)
Total amputation of forefinger
Amputation of two phalanges of forefinger
Amputation of ungual phalanx of forefinger
Simultaneous amputation of thumb and forefinger
Amputation of thumb and finger other than thumb andforefinger
Amputation of two fingers other than thumb and forefinger
Amputation of three fingers other than thumb andforefinger
Amputation of three fingers and thumb
Amputation of four fingers excludingthumb
Amputation of the median finger
Amputation of a finger other than thumb, forefinger andmedian
19
POL00448242
POL00448242
£60,000
£60,000
expressed asa
percentage of
£60,000
100%
30-40%
20%
LEFT/RIGHT
60%
30%
10%
14%
11%
9%
35%
30%
12%
30%
45%
50%
12%
7™%
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
LOWER LIMBS expressed as a
percentage of
£60,000
Amputation of thigh (upper half) 80%
Amputation of thigh (lower half) andleg 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-metatarsal disarticulation) 20%
Shortening of the lower limb by at leastScm 40%
Shortening of the lower limb by at least 3 toScm 40%
Shortening of the lower limb by 1 to3cm 40%
Total amputation of all toes 20%
Amputation of four toes including bigtoe 14%
Amputation of four toes 9%
Amputation of big toe 14%
Amputation of two toes 5%
Amputation of one toe other than the bigtoe 3%
Benefit from other injuries will be paid according to DWP assessment all occurring within24 months of
bodily injury or incident giving rise to aclaim.
Total disablement arising from criminal attack whilst collecting Post Office® cash from theBank,
entirely preventing the injured person from engaging in, or giving attention to his/herusual occupation
- £200 per week, for each full week (one week = 7 days).
END
20
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POST OFFICE LTD
SECTION 10
RESPONSIBILITY FOR POST OFFICE® STOCK AND CASH
CREDIT STOCK OF STAMPS ETC.
1. The Operator on taking up its appointment is supplied with suitable Post Office® stock,the
amount of which is fixed by Post Office Ltd.
CASH BALANCE
2. The Operator is permitted to hold Post Office Ltd cash normal to meet payments at its Post
Office® branch after due allowance has been made for expected receipts and in accordance with
official accounting and security instructions.
3. The Operator is expressly forbidden to make use of the balance due to Post Office Ltd for any
purpose other than the requirements of the Post Office® service; and its must, onno account
apply to its own private use, for however short a period, any portion of PostOffice Ltd funds
entrusted to it. It must also be careful to keep the Post Office® moneyseparate from any other
monies. Misuse of Post Office Ltd cash may render the offender liable to prosecution and, or,
(subject to Section 8) the termination of its Contract of Appointment.
ACCOUNTS
4. The Operator must ensure that accounts of all stock and cash entrusted to it by Post Office Ltd
are kept in the form prescribed by Post Office Ltd. It must immediately produce these accounts,
and the whole of its Post Office® branch cash and stock for inspectionwhenever so requested by
a person duly authorised by Post Office Ltd.
SECURITY OF CASH, STAMPS ETC.
5. The Operator is held strictly responsible for the safe custody of cash, stock of all kinds and other
Post Office Ltd property, papers and documents, and should keep them in a place of security,
especially at night.
6. The Operator is responsible for maintaining a standard of security sufficient to enable itto meet
the obligations laid on it by paragraph 5 for the safe keeping of Post Office Ltd cash and stock
placed in its care. If any circumstances arise which lead it to doubt whether itcan do so it should
immediately consult Post Office Ltd.
7. In deciding the standard of security which it would be reasonable to require underparagraph 6
Post Office Ltd will have regard to (a) the circumstances in which the Operator was appointed, and
in particular the standard of security then accepted; (b) the length oftime since its appointment;
and (c) any particular circumstances affecting the Post Office®branch which appear to be relevant.
8. Allvouchers for payments e.g. Postal Orders, Allowance Dockets etc., should be placed ina
suitable receptacle (cardboard box or strong envelope), labelled “Paid Vouchers” and atthe close
of business kept separately from cash and stock in another secure place, such asa locked drawer
or cupboard.
9. The Operator must be careful to keep its stocks of all kinds in such a manner thatthey
remain in good condition. The stocks must be protected against damp and dust.
21
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
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 reachof
members of the public. When not needed for work they must be locked away.
11. Precautions should be taken to guard against the risk of fire.
LOSSES
12. The Operator is responsible for all losses caused through its own negligence,carelessness or
error, and also for all losses caused by the negligence, carelessness or error of its Assistants.
13. Subject to paragraphs 12 and 13A of this Section 10, the financial responsibility of the
Operator does not cease when it relinquishesits appointment and it will be required to make
good any losses incurred during its termof office that may subsequently come to light.
13A Post Office Ltd shall not seek recovery from the Operator unless and until:
(a) _ithas complied with its duties under paragraph 20 of this Section 10 (or some of them);
(b) ithas established that the alleged shortfall represents a genuine loss to it; and
(c) _ ithas carried outa reasonable and fair investigation as to the cause and reason for the alleged
shortfall and whether it is properly attributable to the Operator under the terms of this contract.
GAINS
14. Surpluses may be withdrawn provided that any subsequent charge up to theamount
withdrawn is made good immediately.
THEFT OR BURGLARY
15. Ifa theft or burglary is committed or attempted at a Post Office® branch, whether ornot official
cash or stock is stolen, the facts must be reported at once to the Police and to Post Office Ltd by
the person who first makes the discovery.
MISSING OR STOLEN STOCK
16. Ifan Operator considers that any stock items have been accidentally lost, or stolen itshould make
a report, in accordance with Appendix 1, as quickly as possible to Post Office Ltd.
RELIEF
17. COUNTER LOSSES: An Operator may exceptionally not be required to make good thefull
amount of certain losses at its office. If it feels entitled to relief in making good a lossit should
apply to Post Office Ltd
18. THEFT OR BURGLARY: The question of granting relief will depend upon whetherthe
Operator has taken reasonable precautions to safeguard the official cash and property.
19. FRAUD: All cases of fraud or attempted fraud should be reported immediately to Post Office Ltd.
POST OFFICE DUTIES
20. Post Office Ltd shall:
(a) provide the Horizon system, which shall be reasonably fit for purpose, including any or adequate
error repellency;
(b) provide adequate training and support, including through the provision of training materials, to
22
SPSO Partnership - CLEARED 25.11.2020
(c)
(h)
(i)
(i)
(k)
())
POL00448242
POL00448242
the Operator, particularly if and when the Post Office Ltd imposes new working practices or
requires the provision of new services;
properly and accurately effect, record, maintain and keep records ofall transactions effected
using Horizon;
properly and accurately produce all relevant records and/or explain all relevant transactions
and/or any alleged or apparent shortfalls attributed to the Operator;
co-operate in seeking to identify the possible or likely causes of any apparent or alleged
shortfalls and/or whether or not there was indeed any shortfall at all;
seek to identify the causes of any such apparent or alleged shortfalls, in any event;
disclose possible causes of apparent or alleged shortfalls (and the cause thereof) to the Operator
candidly, fully and frankly;
make reasonable enquiry, undertake reasonable analysis and even-handed investigation, and
give fair consideration to the facts and information available as to the possible causes of the
appearance of alleged or apparent shortfalls (and the cause thereof);
communicate, alternatively, not conceal known problems, bugs or errors in or generated by
Horizon that might have financial (and other resulting) implications for the Operator;
communicate, alternatively, not conceal the extent to which other operators of Post Office®
branches are experiencing problems relating to Horizon and the generation of discrepancies and
alleged shortfalls;
not conceal from the Operator Post Office Ltd's ability to alter remotely data or transactions
upon which the calculation of the branch accounts (and any discrepancy, or alleged shortfalls)
depend; and
properly, fully and fairly investigate any alleged or apparent shortfalls.
(APPENDIX 1 FOLLOWS)
23
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
APPENDIX 1
ACCIDENTAL LOSS
If at any time any items of stock (including stock of no intrinsic value such as motorvehicle licences) are
found to be missing, steps must be taken at once to ascertain what has happenedto the missing items.
The serial numbers must be ascertained (see 2(a)) and verified by examination of items in stock, and the
requisition forms examined to discover whether or not any of the items purport to have been issued out
of sequence. All the requisition forms for the previous 3 months must at the same time be impounded
and held for instructions. If, after careful search, the missing items cannot be found and are thought to
have been mislaid only, or inadvertently destroyed, a preliminary report of the loss giving the serial
numbers of the items in question must be sent to Post Office Ltd.
STOLEN ITEMS
1. If as a result of burglary, break in, theft, or suspected theft any items of stocksare
missing the facts should be reported as quickly as possible to Post Office Ltd.
2. The further details which will be required, and which should be obtained and submitted to Post
Office Ltd at the earliest opportunity, are as follows:
(a) The denominations, total values and serial numbers of missing or stolen items,so far as
they are known, with serial numbers of any remaining stocks.
(b) A statement as to whether the date stamp of the Post Office® branch hasbeen stolen,
and if so, particulars of the type in it when stolen. If the date stamp hasnot been stolen a
statement should be given which should intimate whether there isa reason to believe that
it has been used upon the stolenitems.
(c) Aspecimen impression of the date stamp and, if it was stolen, particulars ofthe type
in it when stolen.
(d) A statement of the circumstances which are thought to show that a theft hasbeen
committed and of the supposed date, time and method of commission. It should include, if
possible, written report from the person who last saw the missing itemsand the person who
first discovered the loss. The former should say when the itemswere last seen, in what place
and in what kind of receptacle (locked or unlocked) theythen were. The latter should state
how and when the loss was discovered and describe exactly the condition of the place and of
the receptacle from which the itemswere apparently taken.
(e) Particulars of any cheques, including the transaction for which they wereaccepted.
END
24
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POST OFFICE LTD
SECTION 11
RESPONSIBILITY FOR THE SAFEGUARDING OF THE MAIL
1. The Operator is responsible for the safekeeping of any letter, parcel, packet or other item
transmissible by post which is conveyed, received, sorted, collected, delivered or otherwise
handled in accordance with the provisions of this Contract (definedhereinafter as a “Postal
Packet”) whilst such Postal Packets are in its custody, and it must take all reasonable measures
to protect them from delay, loss, theft, damage and/orinterference of any kind.
2. Security instructions issued and amended (where necessary to minimise the risksreferred to in
paragraph 1 above) from time to time by Post Office Ltd set out the procedureswhich the
Operator must follow in relation to the collection, handling, conveyance and deliveryof any
Postal Packet. Failure by the Operator or any Assistant to follow any such procedure will be
deemed to be a breach of condition of this Contract by it, and Post Office Ltd reserves the right to
take appropriate action in the circumstances.
INFORMATION/REPORTING REQUIREMENTS
3. The Operator acknowledges that Post Office Ltd views every incident of damage to, theft or loss
of, or interference with, a Postal Packet as being very serious in nature, The Operator must
therefore report as soon as possible to Post Office Ltd every suchincident in the manner set
out in Section 10, or as may otherwise be required by Post Office Ltd.
END
25
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POST OFFICE LTD
SECTION 12
PREMISES
1. The Operator must, at its own expense, provide premises in which such reasonable office
accommodation and fittings as Post Office Ltd may require are made available forcarrying on
the Post Office® business.
TENANCY
2. The Operator must hold the premises either as owner or ona tenancy subject to at least one
quarter's notice. Exceptions are sometimes allowed as to tenancy where the premisesare owned or
held on a suitable tenancy by the Nominated Person, or the spouse or civilpartner or other near
relative of the Nominated Person.
3. The Operator must also at its own expense:-
es clean, decorate and maintain the Post Office® branch premises inside and out to agood
standard;
- light and heat the Post Office® branch premises;
ie exhibit the Post Office® branch title
prominent position outside the building.
“.., POST OFFICE®”) in large painted lettersin a
S in Wales exhibit an external bi-lingual sign “Syddfa’r Post®/Post Office®”;
- if required, provide convenient space for a letter box;
2 if required, provide, where no security screen of a type approved by Post Office Ltdalready exists,
for the installation of such a screen. Post Office Ltd will provide and pay forthe components of the
screen and the Operator will be responsible for its erection to the satisfaction of Post Office Ltd
and for its maintenance. On installation the screen will become the property of the Operator.
ALTERATIONS TO POST OFFICE® BRANCH PREMISES, ACCOMMODATION
4, The Operator must not, without the prior agreement of Post Office Ltd:-
> move the Post Office® branch to premises other than those in which it was situated atthe time
of its appointment;
7 alter the accommodation for carrying on the work of the Post Office® branch fromthat
agreed at the time of its appointment.
NOTICES, PUBLICITY ETC.
5. The Operator must display in a position visible to the public at all times:
- an up-to-date window notice indicating hours of opening which is supplied by Post Office Ltd,
and
a other notices and leaflets, as required by Post Office Ltd.
6. The Operator must permit Post Office Ltd to provide (in addition to a security screen- paragraph
26
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
3) any improvements in the standard of security which it decides to benecessary and for which it
is prepared to pay.
27
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
RESITING OF POST OFFICE® SECURITY EQUIPMENT
7, Where any agreed re-arrangement of the Post Office® branch accommodation and/or fittings
- see paragraph 4 - involves the moving of Post Office® security equipment the Operator's
contribution to the cost of doing so will be decided as follows:-
NATURE OF ALTERATION CONTRIBUTION
REQUIRED OF
OPERATOR
(a) Operator wishes to improve Post Office® NIL
accommodation and Post Office Ltd agrees
improvement is desirable.
(b) Operator has no alternative but to move its NIL
premises or alter them to meetrequirements
beyond its control.
(c) Operator wishes to re-arrange its private 50%
accommodation, which will neither increase nor
improve the Post Office® accommodation, but will
require security equipment to be moved.
(a) Operator wishes to re-arrange its private 80%
accommodation, which will reduce Post Office®
accommodation, though not to a level
unacceptable to Post Office Ltd, but security
equipment will need to be moved.
The above scale is intended as a rough guide only and Post Office Ltd has discretion to fix the level of
contribution according to the circumstances of each particularcase.
RESIDENCE
8. If the Nominated Person does not reside on the premises the Operator must satisfy Post Office Ltd
that proper provision has been made for the safety of Post Office Ltd cash and stock entrusted to
the care of the Operator. If residential accommodation is associatedwith the Post Office® branch
the Operator must inform Post Office Ltd if it is not occupied bythe Nominated Person, or if the
Nominated Person ceases to occupy it, and mustimmediately inform Post Office Ltd if at any time
it becomes vacant.
MAILWORK OFFICES
9. AtMailwork Post Office® branches where Royal Mail employees work on the premises, the
Operator will in addition be required to provide at its own expense:-
- Access to lavatory facilities;
2 Facilities for washing, including a supply of hot water, e.g. a kettle of hot water where
running hot water is not available;
- Hat and coat pegs;
- Facilities for making tea, if required;
o Adequate lighting and ventilation;
28
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
Adequate heating in winter.
29
SPSO Partnership - CLEARED 25.11.2020
10.
POL00448242
POL00448242
The Operator, as occupier of the premises, is required to provide most of the abovefacilities under
the provisions of the Offices, Shops and Railways Act 1963. It is likely thatthe presence of postmen
on the premises will require the Operator, as occupier, to complywith other provisions of this Act.
In addition duties are laid down in Sections 3 and 4 ofthe Health and Safety at Work Act 1974, as
regards persons not in its employment. Bearingin mind that the responsibility is its own, it is in the
Operator's best interest to be aware of the various requirements of these Acts.
ADVERTISEMENTS
11.
12.
13.
Atitle, which might suggest that Post Office Ltd is concerned in the management ofthe
Operator's private business, such as “Post Office Stores”, must not be used.
No advertisement may be exhibited in the part of the premises used for PostOffice®
business which relates to:-
- alcoholic liquors (for or against);
- betting, gambling and football pools;
- any illegal business or matter;
- any controversial matter, an advertisement for which might suggest that Post
Office Ltd supported one side or the other;
- any commercial business which operates services of a kind conducted by Post
Office Ltd.
Otherwise Post Office Ltd is not concerned with the display of commercial advertisements in the
branch providing that they are not placed in such position as toimpair the security
ies for transacting Post Office® business. In cases of doubtthe matter should be
referred to Post Office Ltd.
END
30
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POST OFFICE LTD
SECTION 13
HOURS OF BUSINESS
INTRODUCTION
1. The actual hours of opening of any individual Post Office® branch are set by Post Office Ltd in
accordance with the following rules.
‘The Operator must not without permission vary the hours of public business set byPost Office
Ltd,
STANDARD COUNTER HOURS OF SERVICE
2. The standard hours during which the Operator may be required to open its PostOffice®
branch in order to transact all kinds of Post Office® business appropriate to itare:
Monday - Friday 0900-1730
Saturday 0900-1230 or 1300 (depending on local circumstances)
LUNCH TIME AND HALF DAY CLOSURE (MONDAY TO FRIDAY)
3. Atthe Operator's request Post Office Ltd may authorise the closure of an office withinthe times
stated in paragraph 2:-
3.1.For up to 1 hour at lunch times, at times agreed between Post Office Ltd andthe
Operator.
3.2 On 1 afternoon per week (normally Tuesday, Wednesday or Thursday but, in
exceptional circumstances Monday to Friday) from 1300 onwards.
EXTENDED HOURS
4. Where an Operator wishes to conduct Post Office business outside standard hours, Post Office Ltd
will consider such requests taking into account the normal shopping pattern in the locality and the
proximity of other Post Office® branches.
5. Where Post Office Ltd considers non-standard hours may be more appropriate fora particular
office but the Operator disagrees, the Operator may if it wishes trial a rearrangement of the
opening hours. A trial period should not extend beyond three months.
SUSPENSION OF MID-WEEK HALF-DAY CLOSING DURING THE CHRISTMAS AND NEW YEAR PERIOD
AND (WHERE APPLICABLE) ON THE THURSDAY PRECEDING GOOD FRIDAY
6. Post Office Ltd may, on its own initiative or at the request of the Operator, suspendany mid-week
early closing on any day or days between 18 and 31 December (Christmas Day and Boxing Day
excluded) and on the Thursday before Good Friday. No additional payment will be made by Post
Office Ltd for such opening.
31
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
LOCAL HOLIDAYS AND TUESDAYS AFTER BANK HOLIDAYS
32
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
7. Post Office Ltd will review the concession under which some Post Office® branches closeon Local
Holidays or on Tuesdays after Bank Holidays. Where this no longer matches customer needs the
concession will be withdrawn.
ADVERTISING OF HOLIDAYS
8. The times at which a Post Office® branch is closed for National or Local holidays shouldbe
prominently advertised at the Post Office® branch concerned.
PAYMENT FOR THOSE PERIODS OUTSIDE THOSE MENTIONED IN PARAGRAPH 2 ABOVE - NON
MAILWORK OFFICES
9. No additional payment will be made by Post Office Ltd for any opening outsidestandard
Counters’ hours other than that attracted by extra business transacted.
END
33
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POST OFFICE LTD
SECTION 14
ASSISTANTS
INTRODUCTION
Post Office Ltd must comply with certain obligations in relation to the Post Office® business, including
those of: Ofcom and Financial Services Authority regulations, and money laundering and immigration
legislation. Some of these obligations require Post Office Ltd to ensure thatits Operators (and any
persons employed or engaged by Operators on Post Office® business) are made aware of, and know how
to comply with, the terms of such regulations and legislation.
These requirements have been set out in this Operator's Contract (in particular, but not limitedto, this
Section 14 and Sections 11 and 15). The obligations placed upon Operators are the minimum necessary
to ensure that both Post Office Ltd and Operators are compliant with the regulations and legislation
mentioned above, and are, in the main, what most Operators,as responsible employers, should be doing
anyway. The objectives of these obligations are:
+ toensure that Post Office Ltd complies with the relevant regulations and legislation, and
* toensure as far as possible that Operators do so too, and that no Operator suffersfrom the
consequences of failure to so comply. (This is very important, as thoseconsequences can
include criminal prosecution.)
Operators have a duty to ensure that they are aware and that they make their staff aware, of the
obligations set out in this Contract.
GENERAL
1. An Operator must provide, at its own expense, any suitable assistants with the relevant skills
which it may need to carry out the Post Office® work in its sub Post Office® branch (“Assistants”).
Assistants must be employees of the Operator. The Operator shall also appoint a Branch Manager
for the Post Office® branch who must also be an employee ofthe Operator and a registered
Assistant.
2. Assistants are employees of the Operator, and (subject to paragraphs 12 and 13A of Section
10) the Operator will consequently beheld wholly responsible for any failure, on the part of
its Assistants, to:
21 apply Post Office® rules or instructions as required by Post Office Ltd;
2.2 complete any training necessary in order to properly provide Post Office®
Services, provided that the Operator shall only be required to train its
Assistants to the same and not a higher standard than the standard of training
received by the Operator from the Post Office Ltd; and
2.3 comply with the obligations set out below.
The Operator will also be required to make good any deficiency of cash or stock which may
result from its Assistants’ actions orinactions in accordance with paragraph 5 of Section 10.
3. This Section 14 contains the obligations which the Operator has to fulfil in relation tothe
recruitment and employment of each of its Assistants. Where the Operator fails tocomply with
any of these terms, it may be deemed to be in breach of its Contract which may, subject to
Section 8, then be liable to termination. The obligations in this Section 14 are additional to the
Operator's responsibility, as the employer of its Assistants, to comply with the provisions ofany
legislation and regulations that impose obligations on employers, providers ofpostal services
and financial services, or sellers of insurance or communications products.
34
SPSO Partnership - CLEARED 25.11.2020
41
POL00448242
POL00448242
RECRUITMENT
The Operator must establish and maintain a recruitment file for each Assistant. In order
to meet its legal obligations regarding monitoring of compliance, Post Office Ltd willbe entitled
to inspect such recruitment files from time to time upon giving the Operator reasonable written
notice that they should be made available for such inspection.The recruitment file should
include, in the format of the Recruitment Checklist at Appendix 3 to
35
SPSO Partnership - CLEARED 25.11.2020
4.2
4.3
POL00448242
POL00448242
this Section 14, a comprehensive record of all checks carried out in relation to the recruitment,
selection and employment of any person applying to it for employment asan Assistant ( defined
in this Contract as the “Applicant”).
The Operator is responsible for carrying out all necessary checks in order to satisfyitself as to
the honesty, integrity and suitability of any Applicant. It must also takecertain steps, as set out
below, in order to satisfy itself as to:
. the right to work in the UK;
. the identity and permanent National Insurance number; and
. the address,
of any Applicant.
Proof of Right to Work in the UK
The following procedures are necessary to meet the requirements ofimmigration legislation:
Step 1
The Operator will need to ask all Applicants to provide documentation that satisfies the
criteria listed at Appendix 2 to this Section 14.
Step2
The Operator must satisfy itself that the Applicant is the rightful holder of any of the
documents he presents.
The Operator must carry out the following reasonable steps when checkingany documents
presented by an Applicant:
a) check any photographs, where provided, to ensure that they are consistentwith 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;
©) check that the expiry dates are valid and the documents are still live;
d) check any United Kingdom Government stamps or endorsements to see ifthe
Applicant is able to do the type of work he is offering;
e) if the Applicant gives you, from List 2 of Appendix 2, two documents thathave
different names for the Applicant, you should ask him for a further documentto explain
the reason for this. (The further document could be a marriage certificate, divorce
document, deed poll, adoption certificate or statutory declaration.)
Step 3
The Operator should make a photocopy of the following parts of all the documents shown to it
for retention in the recruitment file:
a) the front cover and all of the pages which give the Applicant's personal details.In
particular, the Operator should copy: (i) the page with the photograph, and (ii) the page
which shows the Applicant's signature; and
b) _ any page containing a United Kingdom Government stamp or endorsementthat
permits the Applicant to do the type of work the Operator is offering.
Ifit 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.
36
SPSO Partnership - CLEARED 25.11.2020
44
45
4.6
4.7
4.8
49
4.10
POL00448242
POL00448242
Step 4
List in the Applicant's recruitment file all documents seen and copied on steps 1-3 above (e.g. ‘UK
Passport - Number 12345678’; or ‘Full birth certificate and a P60 dated 14 April 2005’).
Proof of Permanent National Insurance Number
4.4.1. Unless already provided and photocopied, as part of an Applicant’sdocumentation
proving his Right to Work in the UK, the Operator will need to see adocument giving
the Applicant’s permanent National Insurance Number and name. This could be a: P45,
P60, National Insurance card, or a letter from aGovernment agency.
4.4.2 The Operator must then list in the Applicant's recruitment file the documentseen (there
is no need to photocopy the document if it is provided solely for proving the NI number).
4.4.3. For the small number of Applicants who are unable to supply a permanentNational
Insurance number, they should be asked to explain why, the reason shouldbe noted and
the Operator should consider carefully whether to proceed with the application.
Applicants with a genuine reason for being unable to supply a permanent National
Insurance number (such as Applicants from outside the UK) should be advised that they
would need to obtain one from the relevantauthorities prior to being appointed.
Proof of Address
The Operator must see at least one of the following items showing the Applicant’sname and
current address:
Driving Licence
Recent Paid Gas or Electricity Bill
Recent Paid Telephone Bill (not mobile)
Recent Paid Council Tax Bill
Recent Paid Water Bill
Recent TV Licence
Recent Bank Statement, must be supported by a credit/debitcard (In
relation to the above “Recent” means no more than 3 months old.)
The Operator must then list in the Applicant's recruitment file the details of thedocument seen
(there is no need to photocopy the ‘proof of address’ document).
The Operator must ensure that all recruitment files for successful Applicants have been correctly
annotated and the associated photocopies have been included to provide proof of an Applicant's
right to work in the UK. There should be no missing photocopies,incorrect combinations of
documents or incomplete tick lists.
The Operator must not confirm an Applicant's appointment until the criteria have beenmet and
the registration process outlined below has been completed.
It is the Operator's responsibility to ascertain that all documentation supplied bythe
Applicant satisfies the criteria.
References
At the recruitment stage, the Operator will need to obtain at least 2 references(which must be
independent of the Applicant and of each other) in respect of theApplicant.
Work History
The Operator must obtain a work history from each Applicant for theimmediately preceding 5
years (unless the period in which each Applicant has worked can be provedto
37
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
be less than 5 years, in which case the work history of the full period must be obtained). It is the
Operator's responsibility to assure itself of the validity and accuracy of the details provided by
the Applicant. (Measures to achieve this could include questioning at interview, and the seeking
of references from previousemployers).
Honesty, Integrity and Suitability
4.111
4.11.2
4.11.3
The Operator must seek information from each Applicant about any unspent
convictions, including conditional discharges, for any offence in a Court of Law
(including a Youth Court or Court Martial) or any caution, reprimand orwarning. The
Operator must also seek information from each Applicant about any pending criminal
proceedings in which the Applicant might be involved. The Operatormust also seek
information from each Applicant about mis-selling of any productor service or lack of
integrity in any form of employment involving selling.
In order to help prevent the employment of unsuitable or dishonest persons on Post
Office® work, the Operator must, before the Applicant begins employment with
the Operator, complete the registration process detailed at
4.11.3 below (defined in this Contract as the “Registration Process”). Underno
circumstances must the Operator employ an Assistant before the Registration Process is
completed and the Operator has received clearance from Post Office Ltd to employ that
Assistant. All Assistants must be registered, including Family Members who may only
occasionally work in the Post Office® branch. Holiday reliefs also need to be registered.
The Registration Process
(i) To register an Applicant as an Assistant the Operator must complete forms P250
and P13. The text of form P250 is at Appendix 1 to this Section 14. The text of form
P13 is at Appendix 1 to Section 15. In addition the Applicant must complete and
sign a Security Checks Consent Form. The Operator may obtain these forms from
Post Office Ltd.
(ii) Form P250. The Operator must complete and sign Section 1; the Applicant must
complete and sign Section 2. The Operator must then submit the completed form
to the address indicated on it.
The Operator must ensure that any details referred to in paragraphs 4.11.1 above
and 4.11.5 below about the Applicant (“Relevant Information”) which have come to
its attention are honestly recorded on the form. This willenable Post Office Ltd to
conduct its own checks into the background of the Applicant.
(iii) Security Checks Consent Form. The Applicant must complete this form in his
own handwriting and sign and date it. The Operator must check thatform is
complete and legible and that the personal details shown on it matchthose entered
on the P250. The completed form should be sent with the competed P250 to the
address shown on the P250.
(iv) Form P13. If the Operator is satisfied that the identity, character, history and
suitability of any Applicant will not cause it to breach any of the obligations in this
Contract it must require that the Applicant makes apersonal 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 bythe Applicant, and the other
should be sent, with the completed P250 andthe completed Security Checks
Consent Form, to the return address on the P250. Both the Operator and the
Applicant must sign the P13.
(v
Pre-employment checks will be carried out upon receipt by Post Office Ltd of the
relevant forms, which should be fully and legibly completed. (These checks can
take up to seven working days.)
38
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
(vi) The Operator will then be informed whether or not it may employ theApplicant as
an Assistant.
39
SPSO Partnership - CLEARED 25.11.2020
4.12
5.1
5.2
POL00448242
POL00448242
4.11.4 Where Post Office Ltd has good reason to believe that it would not be in itslegitimate
interests for a particular Applicant to be engaged upon Post Office® business orto have
access to any part of the Post Office® branch it will be entitled to requirethe Operator
to refrain from employing that Applicant on Post Office® business ifnot already
employed, or to ensure that the Applicant is not further employed onPost Office®
business if already employed. If after such a requirement has been reasonably made by
Post Office Ltd the Operator continues to employ such Applicant it may be deemed to be
in breach of its Contract as referred toin paragraph 3 above.
4.11.5. If details of any offences committed by the Applicant relating to:
(i) the delivery or handling of mail, post or packets; or
(ii) theft or the obtaining of property by deception or fraud; or
(iii) mis-selling of any product or service; or
(iv) lack of integrity in any form of employment involving selling; or
(v) _ dishonest conduct of any kind,
come to Post Office Ltd’s attention by any means and Post Office Ltd notifies this fact to
the Operator the Applicant will not until further notice be eligible to workon Post
Office® business or any business concerning any member of Post Office Group and the
provisions of paragraph 4.11.4 above willapply.
Asa general guide no person under 16 years of age should be employed on Post Office® work, or
have access to Postal Packets. However where there is no reasonable alternativeto the part-time
employment of an Assistant under 16 years of age, such employmentis allowed subject to the
following conditions:
no person under the age of 14 years may be employed in any capacity;
the Assistant, even if a Nominated Person or a Family Member, must be fullyregistered with
Post Office Ltd in accordance with the provisions of this Section 14; and
the Operator must comply with all relevent legislation affecting the employment ofyoung
persons and children.
UNSUITABLE PERSONS
During the entire period that an Assistant is employed by the Operator, the Operatorwill
report immediately to Post Office Ltd any Relevant Information as soon as itbecomes aware of
same.
If:
5.2.1 the Operator does not submit a form P250 prior to the employment by it ofthe
Applicant; or
5.2.2 the Operator does not declare on the form P250 any RelevantInformation
concerning the Applicant of which it was aware; or
5.2.3. the Applicant fails any checks carried out internally by Post Office Ltd; or
5.2.4 the Operator does not report to Post Office Ltd as soon as possible any Relevant
Information of which it becomes aware (after submission of a form P250),
40
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
the provisions of paragraph 4.11.4 above will apply.
41
SPSO Partnership - CLEARED 25.11.2020
6.1
6.2
6.3
7A
POL00448242
POL00448242
ONGOING REGISTRATION CHECKS
To meet the needs of regulation and legislation Post Office Ltd must be able tomaintain accurate
details of all those who work in Post Office® branches. In addition tocompleting forms P250 and
P13 when employing new Assistants, the Operator is, therefore, required each year to take part
in an annual check of persons employed in Post Office® branches. The current mechanism for
this check is the form P356, which the Operator is required to fill out and return. This provides
Post Office Ltd with up-to-date details of thepeople working in a Post Office® branch and acts as
a monitoring check that every Assistanthas been cleared through the pre-employment checking
system. It is absolutely essential that the Operator cooperates fully with this process or any
replacement process that PostOffice Ltd may subsequently and reasonably require.
The details listed on form P356 for each Assistant, which the Operator will need tocheck for
accuracy and amend as necessary are as follows:
* Post Office® branch name and address, FAD (or Branch) code
* Assistant's name, date of birth and National Insurance number
* Role type, (e.g, Assistant or holiday relief)
« Date employment commenced and, if applicable, date employment ceased and
reason for leaving
« Relationship to Operator (if applicable)
«Horizon Log On ID
Details must be entered on form P356 for every Assistant employed by the Operator, even if he
only works occasionally e.g. as a holiday relief.
TRAINING
Post Office Ltd will:
7.1.1, 7.1.1 provide the Operator with relevant training materials and processes to carry out
the required training of its Assistants on the Post Office® Products and Services;
7.1.2. provide adequate training and support, including through the provision of training
materials, to the Operator, particularly if and when Post Office Limited imposes new
working practices or systems or requires the provision of new services;
7.1.3. inform the Operator as soon as possible where new or revised training will be
necessary as a result of changes in either the law or Post Office® Services;and
7.1.4. where appropriate (for instance where clause 7.1.3 of this Section 14.applies) update
the training materials (or processes) or provide new training materials(or processes)
to the Operator,
and Post Office Limited and the Operator shall co-operate in respect of the training of
Assistants in the operation of Horizon.
However, it is the Operator's responsibility to ensure the proper deployment within itsPost
Office® branch of any materials and processes provided by Post Office Ltd and to ensure that its
Assistants receive all the training which is necessary in order to be able toproperly provide the
Post Office® Products and Services and to perform any other tasks requiredin connection with
the operation of the Post Office® branch, provided that the Operator shall only be required to
train its Assistants to the same and nota higher standard than the standard of training received
by the Operator from Post Office Ltd.
42
SPSO Partnership - CLEARED 25.11.2020
7.2
7.3
POL00448242
POL00448242
Where Post Office Ltd has obligations to third parties in relation to certain PostOffice® Services
(including, but not limited to, financial transactions (such as bureau dechange, sales of
insurance and communications products, and provision of mail services)), the Operator
undertakes to use its best endeavours to ensure that its Assistants will notcause Post Office Ltd
to be in breach of such obligations.
Post Office Ltd may request from time to time that where it has obligations asdescribed above
the Operator should conduct specific training (whether through written/distance learning that
may require confirmation of completion or via presentations) in relationto certain Post
Office® Services (such as, but not limited to, money laundering). Failure by the Operator to
arrange for such training to be properly applied will be deemed to bea breach of the Contract
byit.
43
SPSO Partnership - CLEARED 25.11.2020
7.4
8.1
8.2
8.3
8.4
91
9.2
POL00448242
POL00448242
Training Policy
7.4.1 The Operator must formulate a training policy for all its Assistants, in order to fulfil its
obligations in relation to the safekeeping of any Postal Packets.
7.4.2 This training policy should include the following elements:
* the levels of training required to fulfil the obligations referred to
«the levels of training required according to the differing responsi
work undertaken by, the Assistants, in relation to Postal Packets;
details of the minimum level of training required;
an explanation of how the training is provided;
the frequency with which training is provided; and
details of how training is given, recorded and monitored.
ee ee
7.4.3 The policy must also ensure compliance with all other regulatory andlegislative
requirements.
7.4.4 The Operator must regularly monitor the implementation of and compliancewith the
training policy in its Post Office® branch.
SECURITY
The Operator must inform each of its Assistants of the seriousness of any offenceof
damage or interference to any Postal Packet.
The Operator must ensure that its Assistants comply with the requirements ofthe Operations
Manual, Volume 5 and the Security Booklet in general - sub sections 3, 4,and 8 in particular, as
they apply to:
«the security of the premises;
« — the collection, despatch, conveyance or delivery of mail; and
« the measures to be taken to prevent or detect loss or theft of or damage toa Postal
Packet.
The Operator must maintain records which can enable it as far as isreasonably practicable, to
identify which of its Assistants was responsible for the conveyance,receipt, collection, sortation,
delivery or handling of any Postal Packet which may have been interfered with.
The Operator must carry out regular assessments of the risk to Postal Packets at the Post
Office® branch.
DISCIPLINE
The Operator is responsible for:
9.1.1 ensuring that each of its Assistants is made aware of its obligations inparagraphs 1 and
2 of Section 11 of this Contract; and
9.1.2 _ placing identical such obligations directly upon every Assistant whom itemploys on
Post Office® business
The Operator must establish maintain and adhere consistently to a formal disciplinary policy in
respect of any of its Assistants who fails to comply with its obligations as setout in this Contract.
Where the Operator already has an established disciplinary policy forits employees it is simply
necessary to ensure that the policy meets the criteria set out in 9.3 and 9.4 below.
44
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
9.3 The policy referred to in 9.2 above must include at least the following elements:
9.3.1 an explanation of what constitutes a “failure to meet the standards ofconduct”, and
the action to be taken in relation to such failure;
9.3.2 a description of how the Operator has conveyed to its Assistants:
. the fact that a failure to meet the standards of conduct might also constitutea
criminal offence; and
. the action which will be taken in relation to any such failure;
9.3.3 aprovision for the appropriate records to be maintained detailing any actiontaken
against an Assistant for failure to meet a required standard of conduct; and
9.3.4 an explanation of:
. how the Operator identifies consistent failures to meet the relevantstandards of
conduct; and
. what remedial action the Operator will take in the event of consistentfailures
being made.
9.4 The Operator must regularly review:
. the standards of conduct imposed; and
° the disciplinary policy in place.
9.5 The Operator will keep a formal record of its disciplinary policy and any exercise by it ofit, and
Post Office Ltd will be entitled to request sight of such record from time to time, where it is
reasonable to do so in order to ensure that the Operator is complying withits obligations in this
respect.
9.6 Where Post Office Ltd believes, in good faith, that an Operator has not implemented the
disciplinary policy properly (or at all) against an Assistant, where circumstancesjustify such
implementation, the provisions of paragraph 3 above will apply.
10. INFORMATION/REPORTING
10.1 The Operator must as soon as possible upon becoming aware of its occurrence, reportto Post
Office Ltd every incidence of loss or theft of, damage to or interference with, aPostal Packet
(defined in this Contract as an “Incident”).
10.2 The Operator must also record in respect of each Incident at least the following details:
. the date, time and place;
. the number of (or, where not known, a reasonable estimate of) Postal Packets
involved;
. as far as reasonably practicable, the Assistants who may have participated in the
conveyance, receipt, collection, sortation or delivery of the Postal Packets involved;
and
. any other particulars in relation to it (including the factual circumstances).
45
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
(Appendices 1, 2, & 3 follow)
46
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
SECTION 16
APPENDIX 1 FORM P250
ASSISTANTS AT POST OFFICE® BRANCHES
Section 1 of this form should be completed and signed by the Operator or Franchisee or ‘officerin
charge’ whenever considering appointing an Assistant.
Section 2 of this form should be completed and signed by the prospective Assistant.
(Please note that if more than one change is made to Assistants at the branch, a separateform will need
to be completed for each prospective Assistant.)
SECTION 1 - EMPLOYEE (PLEASE COMPLETE IN BLOCK CAPITALS
POST OFFICE® BRANCH NAME:
FAD CODE:. /.
SUBPOSTMASTER’S/FRANCHISEE’S/OPERATOR’S/OFFICER IN CHARGE’S NAME:
ADDRESS TO WHICH THE AUTHORISATION LETTER SHOULD BE SENT:
Thave selected. (full name in block capitals) as a
prospective Assistant at my branch. I have satisfied myself that his character is satisfactory andl am
satisfied that he is suitable for the relevant duty. I have no reason to suspect thatany previous Post
Office® service by the prospective Assistant is not fully stated below.
New Assistant - If the prospective Assistant has previously worked at any Post Office® branches, please
give details below
Branch Position held Start End Reason for leaving
date. date.
Tecan confirm that I have obtained the following information: (Please give detailswhere appropriate and
refer to your contract with Post Office Ltd for the criteria on suitableevidence required)
« Details of the prospective Assistant’s career history over the last 5 years
+ Two references (- either one character and one employment reference, or twocharacter
references - but the referees must be independent of the Applicant and of eachother).
« Suitable evidence of identity. State Identity evidence seen
¢ Suitable evidence of National Insurance No. and address. State evidence seen
« Evidence of right to work in the UK. State evidence seen
Proposed start date of Assistant. Horizon User ID. (e.g. EPROO1) (Do
NOT Enter Any Passwords)
47
‘SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
Subpostmaster/Franchisee/Operator/officer in charge signature:
48
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
and name (in block capitals):
Date:.
49
SPSO Partnership - CLEARED 25.11.2020
SECTION 2 - ASSISTANT DETAILS
Title and name in full (Mr/Mrs/Miss/Ms)
Name at birth, if different from above
Date of birth
Town of birth
Country of birth
National Insurance number
Position (e.g.. Assistant/Holiday Relief)
Home address Previous address (If less than 2
years at present address)
Have you ever been found guilty of any offence (including conditional discharges) ina court of
law (including a Youth Court or Court Martial) or have you received anycaution, reprimand or
warning, or have you been involved in any mis-selling or lack of integrityin any form of selling
environment?
Please tick “Yes” or “No”. Yes oO No oO
If the answer is “Yes” give full particulars.
(NOTE: In answering the question please note that it does NOT relate to any conviction or
finding which is treated as spent by virtue of the Rehabilitation of Offenders Act 1974.If
therefore, the only conviction or finding against you is treated as spent, your answerto the
question should be“No”]
I declare that I have answered all the questions truthfully and fully, and that I amnot aware of
any circumstances, which if known to Post Office Ltd, might cause question tomy honesty and
suitability.
Signature Date
NOTE: DATA PROTECTION ACT
Personal Data supplied on this form may be processed, and/or verifiedby
reference to information already held by Post Office Limited.
Finally, if an existing Assistant is leaving (or has left) employment at the Post
38
POL00448242
POL00448242
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
Office® branch the Subpostmaster or Franchisee or Operator or Officer in Charge,should give
details below and ensure that the official secrets cessation form P301 iscompleted and
returned.
39
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
Name of previous assistant
Last date of
emplovment
Reason for leaving
Once all the foregoing is complete, please return a) this form, b) thecompleted P13, c) the
completed Security Checks Consent form, and d) the completed form P301 (if appropriate)
to the following address:
Postmaster On-boarding Team, Post Office Ltd, Atria, Spa Road, Bolton, BL1 4AG.
40
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
SECTION 14
41
SPSO Partnership - CLEARED 25.11.2020
APPENDIX 2
Proof Of Right To Work In The UK - Acceptable Documents
The Applicant must produce either any one of the documents shown below in List 1 or two
documents from either of the combinations shown in List2.
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
(ie. Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania,
Luxembourg, Malta, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, The
Netherlands, United Kingdom) or Switzerland. This must be a national passport or
national identity card. (See note * below).
« A residence permit issued by the Home Office to a national from a European
Economic Area country or Switzerland. (See note * below).
« A passport or other document issued by the Home Office which has an United
Kingdom Government or Home Office stamp or endorsement stating that the holder has a
current right of residence in the United Kingdom as the family member of a national from
a European Economic Area country or Switzerland who is resident in the United
Kingdom. (See note * below).
« 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).
« An Application Registration Card issued by the Home Office to an asylum seeker stating
that the holder is permitted to take employment.
(*Nationals from certain states within the European Economic Area (contactthe Home
Office, on 0845 010 6677, for details) must register with the Home Office within one
month of starting employment; you must advise them to register,and you will need to
provide them with evidence of employment (e.g, a contractor 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 criminaloffence 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 Governmentagency.
Along with one of the following documents listed in sections B-H below:
B. A full birth certificate issued in the United Kingdom, which includes the names of the holder's
parents; OR
C. a birth certificate issued in the Channel Islands, the Isle of Man or Ireland; OR
D. a certificate of registration or naturalization stating that the holder is a British citizen;
OR
E. a letter issued by the Home Office to the holder which indicates that the person named in it can
stay indefinitely in the United Kingdom, or has no time limit on their stay;OR
F. an Immigration Status Document issued by the Home Office to the holder with an with a United
Kingdom Government or Home Office stamp or endorsement indicating that the person named
init 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
42
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POL00448242
POL00448242
H. an Immigration Status Document issued by the Home Office to the holder with an with a United
Kingdom Government or Home Office stamp or endorsement indicating that the person named
in it can stay in the United Kingdom.
SECOND COMBINATION
(i). A work permit or other approval to take employment that has been issued by Work
Permits UK
Along with one of the following documents listed at (ii) or (iii) belo’
(ii). apassport or other travel document with a United Kingdom Governmentor 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
43
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
SECTION 14 APPENDIX 3
Recruitment Checklist
Applicant's Full Name ]
Applicant's National Insurance Number
(a) At least 2 references obtained?
(b) Evidence of identity seen?
Documents and details:
(c) Evidence of permanent NI Number seen and any necessary
photocopies taken and retained in the Applicant’s recruitment file?
Document and details:
(d) Evidence of address seen? Document and details:
(e) Evidence of right to work in UK seen and all necessary
photocopies taken and retained (including Home Office registration
application if applicable) in the Applicant’s recruitment file?
(f) Has the 5 year work history been seen and verified
if necessary?
(g) Has the Applicant ever been found guilty (including
conditional discharges) of any offence in a court of law (including
a Youth Court or Court Martial)?
(h) If the answer to (g) is “Yes”, has the Relevant Information
been shown in the P250
(i) Has the Applicant received any caution, reprimand or
warning, or has he/she been involved in any mis-selling or lack
of integrity in any form of selling environment?
(i) If the answer to (i) is “Yes”, has the Relevant Information
been shown in the P250
(k) Has the P250 been completed in full and sent to the
relevant address?
(I) Has the P13 been completed in full and sent with the P250?
(mj —Has the authorisation for emptoyment of treAppticant
been received?
(n) Date employment as Assistant commenced
44
SPSO Partnership - CLEARED 25.11.2020
POST OFFICE LTD
SECTION 15
DIVULGENCE OF OFFICIAL INFORMATION, CORRESPONDENCE & INTERVIEWS
DIVULGENCE OF OFFICIAL INFORMATION
1,
The unauthorised disclosure, or use, of any information or document whichhas come
to the knowledge of an Operator or sub Post Office® Assistant through the work of its
Post Office® branch is forbidden. Any such disclosure may render the offender liable
to prosecution.
Neither the Operator nor its Assistants may disclose any information regarding Postal
Packets except to the person(s) to whom such Postal Packets areaddressed; nor may
they make known information that may come to them directly orindirectly by means of
the Post Office® business concerning the character, standing, or responsibility of
individuals or firms, or the private affairs of any person.
PERSONAL DECLARATIONS
3.1
3.2
3.3
All new Assistants are required to sign a Personal Declaration (form P13 attachedas
Appendix 1 to this Section 16) which reminds them of the duty of each of Post Office Ltd
and the Royal Mail Group to ensure that all communications and itemsentrusted to it
reach the people for whom they are intended promptly and safely. The Personal
Declaration also brings to the notice of Assistants their obligations under the Postal
Services Act 2000. (An extract from this Act is reproduced at Appendix 2 of this Section
15.)
Every Assistant is on termination of his appointment required to sign aDeclaration
(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 hehas acquired or to which
he has had access by virtue of his position as Assistant. (A copy of form P301 is at
Appendix 3 of this Section 15.)
The Operator must give each of its Assistants a copy of form P13 and, upon termination
of his appointment form P301, as a reminder of the importance ofthe messages they
contain. The duty not to disclose information is imposed by theAct referred to in 3.2
above - not by any Personal Declarations. Consequently no Assistant can avoid these
legal obligations by refusing to sign a form orby attempting to revoke or disclaim his
signature on the form(s).
Any request made to the Operator or its Assistant by the Police or any other authority, or
by a private person, for information which may be confidential, ormay concern matters
connected with the duties of another Operator, Franchisee, Operator or an employee of
Post Office Ltd or one of its group companies or whichis related to the Post Office®
business or any of its (potential) customers, shouldbe referred immediately to Post Office
Ltd.
CONTACT WITH THE PUBLIC NEWS MEDIA.
5.
Post Office Ltd has a duty to safeguard its own interests and those of Persons involved in
Post Office® business in relation to material that is published in thenews media. The
Public Relations Department of Post Office Ltd is primarily responsible for
(i) deciding whether Post Office Ltd should enter into publiccorrespondence, and
(ii) ensuring fair and accurate presentation of facts about Post Office Ltd andits
services,
and no other person is entitled to comment publicly on such matters. Inparticular, untrue,
45
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POL00448242
POL00448242
ill-informed or reckless comment will be challenged by Post Office Ltd as the
46
SPSO Partnership - CLEARED 25.11.2020
case may be). While recognising the right of any individual to comment publiclyon matters
of general interest, Post Office Ltd expects Operators and their Assistants who wish to
comment publicly upon matters affecting Post Office Limited or itsgroup companies to
exercise this right in a responsible manner. Operators mustensure, 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 ofdoubt.
6. An Operator wishing to communicate with the public news media should beguided by
the following: -
(a) there must be no unauthorised disclosure of official information
(see above);
(b) views and opinions expressed publicly must not bring Post Office Ltd, any
member of Post Office Group, its/their employees, or any other Operator,
Franchisee, Operator into disrepute; and
(c) an Operator offering unauthorised public comment must make it clear that itis
commenting in its private capacity and not on behalf of Post Office Ltd or any member
of Post Office Group.
a 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 theNational Federation of
Sub-Postmasters, particularly on matters affecting his Branch/Committee/Federation. In
doing so he must indicate his position asa Federation spokesman and give his own name.
8. Particular care is necessary when offering spontaneous comment to pressor
broadcasting reporters or interviewers.
PUBLICATION OF OFFICIAL INFORMATION
9. No Operator may, without the permission of Post Office Ltd, use information derived from
official records or experience for the purpose of publishing any document, book, play or
article, broadcasting on radio or television, producing or exhibitinga film or photographs,
giving a talk or lecture or taking part in a publicdiscussion.
CORRESPONDENCE WITH THE PUBLIC
10. An Operator should not, without the permission of Post Office Ltd, write to or interview
members of the public on Post Office® matters other than for thepurpose of correcting
an error committed at its own Post Office® branch.
OFFICIAL DOCUMENTS AND LEGAL PROCEEDINGS
11. No Operator may, without permission, make an official document or a letterfrom the
public, or any other document that may come into its hands officially, the subject of
legal proceedings.
USE OF OFFICIAL INFORMATION OR POSITION FOR PRIVATE PURPOSES
12. No Operator may use its position to further its private interests, or act in anyway
which might give rise to the suspicion that it has used, for private purposes,
information available to it in its capacity as Operator.
BREACHES TO BE REPORTED
13. An Operator must report to Post Office Ltd any case in which there appears to have been
47
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POL00448242
POL00448242
a breach of the above rules by anyone employed by it on Post Office® duties at the sub
Post Office® branch.
48
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
(APPENDICES 1-3 FOLLOW)
45
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
SECTION 15 APPENDIX 1
FORM P13.
PERSONAL DECLARATION TO ROYAL MAIL GROUP (I.E. ROYAL MAIL GROUP LIMITED AND
ITS ASSOCIATED COMPANIES)
ROYAL MAIL GROUP'S OBLIGATIONS
Royal Mail Group must ensure that letters, parcels and all other communications oritems
entrusted to it are delivered as addressed promptly and safely, and that the informationin them
reaches no one not entitled toit.
To help Royal Mail Group provide this essential service to the community, thereare important
legal requirements which you must comply with. It is important for you tobe aware of and
understand those provisions, not only for your own sake but also inorder that you should not,
through any fault or omission on your part, enable or tempt others to break them.
SAFETY OF POSTAL PACKET
It is a criminal offence to STEAL, DESTROY or DAMAGE a letter, parcel, mailbag orany other
postal packet in course of transmission by post. It is also an offence to OPEN or DELAY (without
proper authority and reasonable excuse) a letter, parcel, mailbag, orany other postal packet in
course of transmission by post.
Persons suspected of criminal offences will be subject to investigation which may leadto
prosecution in the Criminal Courts. Heavy penalties, including terms of imprisonment,are
provided for such offences.
Other misconduct which endangers the safety of a mailbag or postal packet may leadto
termination of employment or engagement or contract with Royal MailGroup.
CONFIDENTIAL INFORMATION
You shall neither whilst employed or contractually bound by Royal Mail Group orengaged in
Royal Mail Group's Business, nor after that employment or engagementceases,
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 anyway to the
activities, operations or business methods of Royal Mail Group or itsbusiness partners, except as
previously authorised in writing by of Royal Mail Group. Any unauthorised disclosure may
amount to a criminal offence.
46
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
APPENDIX 1 - FORM P13 (continued)
OFFICIAL SECRETS ACT
A person may be entrusted with information which is covered by the Official Secrets Act 1989
whilst engaged on business for the Royal Mail Group.
Under the Official Secrets Act 1989, it is a criminal offence for a Governmentcontractor (which
means any person or body who is employed in the provision of goods orservices for the Crown)
including any employee of a Government contractor, to:-
. disclose unlawfully any information obtained as a result of such work
without authorisation, and
* fail to safeguard or improperly retain or provide access to documents or
articles containing information which it would be an offenceunder the Act
to disclose.
The above conditions apply even when work with Royal Mail Groupends.
DATA PROTECTION ACT
Any person who handles information about identifiable living people whether processed
electronically or manually may also commit an offence under the Data Protection Act1998 if
he/she improperly obtains, holds, uses or discloses any such information.
YOU SHOULD READ THIS DOCUMENT CAREFULLY AND THEN SIGN YOUR NAME TO THE
DECLARATION BELOW.
I HAVE READ AND FULLY UNDERSTAND BOTH PAGES OF THIS DOCUMENT AND HAVE
RECEIVED A COPY TO RETAIN:
Full Name...
(Block Letters)
Signature.
the presence of:
Signature...
Job Title/Position.
NOTE - The person signing this form should sign with his ordinary signature inthe presence of
awitness. [[The Subpostmaster/Franchisee /Operator/Officer in charge
should witness the signature of persons employed at a sub or franchisePost Office®
branch]]
Retention Period: [ ]
SECTION 17 APPENDIX 2
SUMMARY OF EXTRACTS FROM ACTS OF PARLIAMENT
f, 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 suchoffences are liable
under the relevant sections of those Acts toimprisonment.
47
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POSTAL SERVICES ACT 2000
48
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
2(i) Section 83 - Interference with the mail
Any person engaged in the business of a postal operator commits an offence if contrary to
his duty and without reasonable excuse he intentionally delays or opens a postal packet in
the course of its transmission by post, or intentionally opensa mailbag. Persons convicted
on indictment shall be liable to imprisonment for aterm not exceeding two years or to a
fine, or both.
2(ii) Section 125(1)
Postal packet means a letter, parcel, packet or other articles transmissible by post.
2(iii) Schedule 7 Unauthorised Disclosure ofInformation
Any person who makes an unauthorised disclosure of information obtained whilst dealing
with work ofa universal service provider, which relates to the affairs ofan individual or a
particular business commits a criminal offence.
48
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
SECTION 15 APPENDIX3
FORM P301
NON-DISCLOSURE STATEMENT - OFFICIAL SECRETS ACT AND CONFIDENTIAL
INFORMATION (To be signed by all persons ceasing to be employed or contractuallybound by or
engaged in the Royal Mail Groups Business (i.e. Royal Mail Group Limited andits associated
companies); and by other persons on ceasing to have access to secret information)
My attention has been drawn to:-
1. the provisions of the Official Secrets Act 1989 (the “Act”) and that under the Act it isa
criminal offence for a Government contractor (which means any person or body whois
employed in the provision of goods or services for the Crown) including anyemployee or
agent of a Government contractor, to:
¢ disclose unlawfully any information obtained as a result of such workwithout
authorisation, and
¢ — fail to safeguard or improperly retain or provide access to documents or articles
containing information which it would be an offence under the Actto disclose.
Iam fully aware that serious consequences may follow any breach of theseprovisions.
2. the fact that I must not disclose to any other person, firm or company, or publishor
broadcast or use for my own benefit any confidential and/or commercial information
relating in any way to the activities, operations or business methods of the Royal Mail
Group, or information obtained whilst engaged in Royal Mail Group's business except as
previously authorised in writing by the Royal Mail Group. Anyunauthorised disclosure may
amount to a criminal offence.
Tunderstand that the provisions of the Official Secrets Act 1989 and requirements regarding
confidential information may apply to me after my appointment hasceased;
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.
. Full
Signature:. Job Title:
Name (Block Letters):..
Permanent Home Address (incl. Postcode):
Date:
Business Address...
Date of Birth:
«Date of Leaving...
Signed in The Presence of:.. . Surname
(Block Letters)...
Letters):.
..JobTitle/ Position:
... Forename(s) (Block
Reg’d No. of Appt. Papers:...
SPSO Partnership - CLEARED 25.11.2020
POST OFFICE LTD
SECTION 16
OPERATORS’ PRIVATE BUSINESS; BETTING AND GAMBLING; LICENSED PREMISES;
BORROWING AND LENDING MONEY; POLITICAL ACTIVITIES; CANVASSING FOR BUSINESS;
EMPLOYMENT IN POST OFFICE LIMITED OR OTHER MEMBERS OF POST OFFICE GROUP OR IN
ROYAL MAIL GROUP LIMITED OR CIVIL SERVICE.
1.
11
1.2
1.3
1.4
1.5
1.6
(ii)
PRIVATE BUSINESS
The appointment of an Operator confers on the Operator concerned the rightto transact,
and to receive payment for, certain items of business on behalf of PostOffice Ltd. The
conditions of the appointment also involve such non-compete restrictionson the private
activities of the Operator on the premises in which the Post Office®branch is situated as are
fundamental and necessary to ensure the continued viability ofPost Office Ltd’s nationwide
network.
It is important to the future of the Post Office® network that all Operators support Post
Office® products and services. An Operator that offers products or services inits private
retail business on the premises in which its Post Office® branch issituated 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 PostOffice® network. It is therefore also in the interests of
all Operators to support thisprinciple.
It is also in the interests of all Operators that Post Office Ltd is able to seekand negotiate
business opportunities for the whole Post Office® network and that itdoes not allow
clients or suppliers to enter into arrangements directly with selected Post Office®
branches only to the disadvantage of the rest of the network. This would adversely affect
Post Office Ltd’s ability to maintain the Post Office® network asa whole.
Operators benefit from being part of the Post Office® network. In addition to payments which
Operators receive from Post Office Ltd, Post Office Ltd invests in advertising that brings
customers into Post Office® branches, it ensures that Post Office® products meet regulatory
requirements and it provides customer andbusiness services such as helplines to support
Operators. The helpline provided by Post Office Ltd shall be reasonably fit for purpose,
including (to the extent applicable) any or adequate error repellency.
Accordingly, except as permitted by and in compliance with any waiver granted by Post
Office Ltd in accordance with paragraph 1.11 below, an Operator must not undertake ina
private capacity, or allow anyone else to undertake on the premisesin which its Post Office®
branch is situated, the types of business listed in paragraph 1.6 of this section 16, as
amended by Post Office Ltd from time to time in accordancewith paragraph 1.8 below.
The non-compete restrictions on private business activities on the premises inwhich 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 ofthe foregoing: the sale of
stamps, pre-paid postage labels and stationery withprepaid postage; the acceptance,
retention, sortation, return and redirection ofPackets (including Packets containing
mail order or other home shopping goods andother Packets); and the acceptance of
payment for such services;
services for the payment of bills, the collection of payments (including pre-payments) or the
collection of revenue (whether by the sale of stamps or meter tokens,the charging of budget
keys or by other means) in connection with services for thesupply
50
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
(iii)
(iv)
(v)
1.7
1.8
1.9
POL00448242
POL00448242
of water, gas, fixed line telephones, electricity, cable or satellite television, orlocal
authority services;
the sale of National Lottery products;
Banking, Building, Industrial and Provident Society, Friendly Society or CreditUnion
business or otherwise making available banking facilities including, without limitation,
cheque-cashing, bureau de change (including the selling and buying back ofcurrency, 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 formsof credit or credit brokerage services
but not including the provision of cash-back transactions or the provision of basic saving
stamp schemes which do not involvethe return of cash to participants in the scheme. For
the avoidance of doubt, acash-back transaction is the withdrawal of cash via a debit card
scheme, from theaccount associated with the card used, as part of a transaction for the
purchase of goodsor services through the same scheme; and
any financial services business or otherwise making available facilities which may compete
with the financial services activities carried on or to be carried on by Operators at any time
for or on behalf of Post Office Ltd or through PostOffice® branches or which may
compromise the regulatory status of Post Office Ltd (including for this purpose, its
Operators) in its role as appointed representative of PostOffice Ltd’s financial service
product providers, including, for the avoidance of doubt, the promotion of competing
financial services but not including the provision ofbasic savings stamps schemes which do
not involve the return of cash to participants inthe scheme.
For the avoidance of doubt, these non-compete restrictions apply to all methodsof
transaction of the areas of business set out above. This includes, withoutlimitation, the
use of smartcards, ATMs and on-line terminals.
The categories of business listed in paragraph 1.6 above constitute the currentnon-
compete restrictions but Post Office Ltd reserves the right to review theserestrictions in
the light of changing business requirements, varying them if necessary. All Operators will
be given at least 12 months’ notice in writing of any such changes. No restrictions will be
introduced on products or services other than Key Productsand Services, as defined in
section 1.9 of this section 16.
Key Products and Services are the core products and services offered by PostOffice Ltd.
The Key Products and Services are:
51
SPSO Partnership - CLEARED 25.11.2020
1.10
1.13
POL00448242
POL00448242
(i) Letters, parcels and packages services of any kind and related services;
(ii) Services for the payment of bills, collection of payment or collection ofrevenue;
(iii) National Lottery products;
(iv) Banking services, including bureau de change;
(v) Financial services;
(vi) National Savings and Investment products;
(vii) Money transfer services;
(viii) Postal orders;
(ix) Savings stamps;
(x) Benefits’ distribution and Government services;
(xi) Motor vehicle and driver licensing services and other motorist services;
(xii) Telephony products and services;
(xiii) Travel ticketing and travel passes; and
(xiv) Television licensing services.
Post Office Ltd reserves the right to amend this list of Key Products and Servicesfrom time to
time. No new products or services will be introduced to this list which arenot current or
future key sources of revenue and/or contribution for Post OfficeLtd.
If an Operator is considering taking up a new private retail business opportunitywhich may
fall within the scope of the non-compete restrictions specified in paragraph 1.6 above, it
should, before it takes up any such business, inform Post Office Ltd ofthe circumstances and
seek advice as to whether the work concerned falls within the restrictions described above.
Operators may apply for a waiver from the non-compete restrictions in paragraph1.6 of
this section 16. Post Office Ltd’s waiver policy is available on the Post Office Ltd website.
This sets out the circumstances in which a waiver may be granted andthe procedures that
must be followed. This policy is subject to amendment by PostOffice Ltd from time to time.
If a waiver is granted subject to conditions, an Operatormust comply with these conditions.
A failure to do so will result in the waiver beinginvalid from the date the Operator ceased
to comply with the conditions.
An Operator must not use and must ensure that no third party uses the name “Post Office” in
connection with any of its private business activities (or the privatebusiness activities of a
company with which it is associated in any way) or in such a way asto imply that Post Office
Ltd is in any way connected with these activities. Nor mayan Operator transact any private
business in a way that might lead customers toconclude that Post Office Ltd is in any way
connected with that business.
An Operator must not engage Post Office Group employees to undertake any work
whatsoever connected with the Operator's private business (or the private business
activities of a company with which it is associated in any way) at any time whenthey are
employed in Post Office Group duties.
52
SPSO Partnership - CLEARED 25.11.2020
21
2.2
2.3
2.4
2.5
2.6
3.1
BETTING AND GAMBLING; LICENSED PREMISES; BORROWING AND LENDING MONEY
An Operator and its Assistants must not:
(i) bet or gamble by means of post (betting by private telephone off the PostOffice® part
of the premises is permissible); or
(ii) take part in racing etc. pool or competitions or betting at “fixed odds” onfootball
matches (there is no objection to participation in ordinary football pool competition).
An Operator must not on the premises in which the Post Office® branch issituated;
(i) allow or provide for gambling; or
(ii) conduct any business with a turf commission agency or a football or turfpool
agency.
Notwithstanding the conditions of Paragraphs 1.6(iii), 1.10 and 2.2 above, anOperator and
its Assistants may in a private capacity take part in or act as a promoter ofsuch local lotteries
as are permitted under the Lotteries and Amusements Act 1976 (Northern Ireland in part III
of the Betting and Lotteries Act (Northern Ireland) 1957). The onus of ensuring that the law
is complied with rests with the person concernedin the promotion and conduct of the lottery
and the sale of tickets. Tickets forsuch lotteries must not be sold over the Post Office®
branch counter nor must the Post Office® branch be used in any way for advertising
purposes, e.g. in giving addresses at which tickets are available, nor must advertisements
include the words Post Office/Post Office®, Sub-Post Office/Sub-Post Office®, Post Office
branch/PostOffice® branch or Operator.
A Post Office® branch may not be situated in premises for which an “on” licence allowing
for the sale of drinks, other than a restaurant, has been granted, unless the premises have
been clearly divided so that Post Office® customers do not need togo through the licensed
premises. There is no objection to the Operator holding an“off” licence provided the liquor
is sold in closed vessels.
Neither an Operator nor any company, partnership, or other business with which itis
associated in any way must borrow from or lend money to any Post Office Group employee.
Nor should an Operator or any such company, partnership or other business provide
security for the benefit of any Post Office Group employee in raisinga loan.
The loaning of money by an Operator or by any company, partnership, or other business with
which it is associated in any way to persons drawing pensionsor allowances on the security
or strength of their Post Office Card Accounts or ofexpected future payments from the
Department of Work and Pensions is also strictly forbidden.
POLITICAL ACTIVITIES
An Operator is free to take part in any national and local political activities subject to the
following conditions:-
(i) it must not engage in or allow its Assistants to engage in political activities whilst
engaged on Post Office® business or on the Post Office® branch premises;
(ii) it must not exhibit any notice soliciting votes for any particular candidate orwith any
party or political object either in the Post Office® branch or on anyvehicle under the
control of Post Office Ltd or Royal Mail Group Limited; and noleaflet
53
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
4.1
4.2
POL00448242
POL00448242
or address with a party or political object may lie or be exhibited within the Post
Office® branch.
CANVASSING FOR BUSINESS; EMPLOYMENT IN POST OFFICE GROUP, ROYAL MAIL
GROUP LIMITED OR THE CIVIL SERVICE
An Operator must not canvass persons, firms or companies who reside or carryon business
at a place nearer to another Post Office® branch, to transact Post Office® business at its
Post Office® branch. Nor must it deliver items of Post Office® business to customers’
premises.
Neither an Operator nor any of its Assistants may be contracted to or employed inany
member of Post Group, Royal Mail Group Limited or the Civil Service if theirduties would
bring them into contact with the work of the Post Office® branch.
END
54
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POST OFFICE LTD
SECTION 17
NON-OBSERVANCE OF RULES: APPEALS PROCEDURE
ALLEGATIONS OF NON-COMPLIANCE OR NON-OBSERVANCE OF RULES
Although there may be instances where civil or criminal proceedings arecontemplated in
which it would serve no useful purpose to call for a written explanation, in all other instances,
and without prejudice to any subsequent proceedings, any Operator willbe afforded an
opportunity of giving a written explanation of allegations ofnon-compliance or non-
observance of the rules which are made against it.
With the prior written consent of Post Office Ltd, which will not normally be withheld, an
authorised representative of the Operator may, if the Operator so chooses, meeta
representative of Post Office Ltd to discuss the allegations. The Operator's representative
may be accompanied by a friend while doing so. The friend mustbe aged 18 or over and
cannot be someone involved in the enquiry. The friend must bea Subpostmaster (or
equivalent if the Subpostmaster is now contracting as a companyor partnership), Post
Office® branch Assistant or employee of Post Office Ltd and canbe the local NFSP
representative.
As repeated breaches of the rules, even if minor in themselves, may, subject to Section 8, lead
tothe determination, without further warning or appeal, of the Contract by means ofthe
giving of three months' notice, it is strongly recommended that Operators take the
opportunity to make such written and verbal explanations of their actions at the time of the
alleged breach of rules. A record will be kept by Post Office Ltd of anysuch discussions and of
any written warnings issued to the Operator or to any Assistant.
REPRESENTATIONS ON POST OFFICE® MATTERS
4. Without prejudice to the above an Operator may address at any time to Post Office Ltd any
representation it may wish to make having reference to its duties, remuneration or any other
Post Office® matter. The decision of Post Office Ltd to suchrepresentations is final.
APPEALS
5. Ifthe Operator wishes to appeal against a decision to summarily terminate its Contract, it may
do so either in writing or by interview and will be allowed ten (10) working days from the
date of the termination letter to make application, to a member of the Post Office Ltd “Appeals
Authority” whose decision will be final. There is no formal appeal against three months’
notice of contract termination or against termination with payin lieu of notice. Appeals on all
other issues (e.g. recovery of losses caused bythe Operator's negligence) are heard by a
senior representative of Post Office Ltd whose decision is final.
APPROACHES TO PERSONS OUTSIDE POST OFFICE GROUP
6.
Until the Operator has exercised its final right of appeal, it should not askpersons outside
Post Office Group to take up the case on its behalf although this doesnot prevent an
Operator from obtaining such advice and support from the NFSP orany other outside
person as may help it to present its case effectively. The Operator should not detain Post
Office® papers or allow them out of its custody for thepurpose of such consultation without
the permission of Post Office Ltd.
END
55
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POST OFFICE LTD
SECTION 18
OFFENCES: SUSPENSION: ENQUIRIES BY OFFICERS OF THEINVESTIGATION DIVISION
1. Dishonesty is viewed most seriously and any Operator, Nominated Person or anyother
partner of the Operator or any Branch Manager or Assistant believed to have carried out, or
taken part in, an act of dishonesty against Post Office Ltd may beprosecuted. Furthermore,
any Operator so involved renders itself, subject to Section 10, liable to the summary
termination of its contract. In the case of a Branch manager or Assistant, Post Office Ltd may
recommend to the Operator that the Assistant should no longer remain in his employ on Post
Office business.
ARRESTS AND CONVICTIONS
2. An Operator must report to Post Office Ltd if any Nominated Person, other partner,
employee, Branch Manager or Assistant of the Operator having any connectionwith Post
Office® business is arrested and refused bail, or convicted by a Court ofany criminal
offence (except a traffic offence for which the penalty has notincluded imprisonment).
IMMORALITY AND OTHER MATTERS OF PERSONAL CONDUCT
3. It is the aim and practice of Post Office Ltd to maintain, to the maximum extent compatible
with needs of service to the public, an attitude of non-interference inthe private lives of
partners, Assistants and other employees of the Operator. However, where facts come to
light calculated to cause public scandal or grave embarrassment to Post Office Ltd in
connection with the private conduct of any such person, thismay be deemed to constitute a
fundamental breach of this Contract entitling PostOffice Ltd to terminate the Contract
without notice.
SUSPENSION FROM OFFICE
4. — The Operator's appointment may be suspended at any time if that isconsidered
necessary in the legitimate interests of Post Office Ltd in consequence of:
(a) the Nominated Person, any other partner of the Operator or any Assistanthaving been
arrested or having civil or criminal proceedings brought against him; or
(b) where irregularities or misconduct at the Post Office® branch have been established
to the satisfaction of Post Office Ltd, or are admitted or aresuspected and are being
investigated,
provided that Post Office Ltd shall not suspend the Operator:.
(a) arbitrarily, irrationally or capriciously;
(b) without reasonable and proper cause; and/or
(c) in circumstances where Post Office Ltd is itself in material breach of duty in respect of
the matters which Post Office Ltd considers gives it the right to suspend.
5. Not used
6. Not used.
CRIMINAL CONDUCT: REPORTING
7. If an Operator has knowledge or suspicion of dishonesty or other criminal conduct affecting
either Post Office Ltd or any other member of Post Office Group on the part of any person
including a Post Office® branch Assistant or an employee of eitherPost Office Ltd or any
56
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
other member of Post Office Group Limited it must, if there isany
57
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
apparent need for immediate action, at once tell Post Office Ltd confidentially ofits
knowledge or suspicion.
INDUCEMENT TO ACT CONTRARY TO RULES
8.
Ifany person should try to induce an Operator or a member of its staff to actcontrary to the
rules (if, for example, he should be asked to date stamp covers irregularly witha view to
either himself or the offender afterwards enclosing therein betting slips or other
communications relating to the result of some race, game or sport) he should, while avoiding
compliance (save in the case described in paragraph 8, also avoid puttingthat person upon
his guard by definite refusal). The Operator (or Assistant) should assoon as possible tell Post
Office Ltd what has happened giving a full report and descriptionof the person so that an
immediate report can be made to POID and instructionssought.
An Operator or Assistant who is asked irregularly to put in course of post fordespatch or
delivery from the Post Office® branch a cover already date-stamped, addressed toa betting
agent, and presumably already containing a betting slip or other communication respecting
the result of some race, game or sport, should accept itand with it any bribe offered for
compliance. They should at once initial the cover andhand it and the bribe to Post Office Ltd,
to whom they should report as provided in the last sentence of paragraph 7.
THEFTS BY STRANGERS
10.
An Operator or Assistant who sees a theft of either Post Office Ltd or Royal MailGroup
Limited property committed by a stranger should inform the Police of the factsand then
report the matter to Post Office Ltd as soon as possible.
FAILURE TO REPORT DISHONESTY
11.
In line with any employee of Post Office Ltd an Operator or Assistant is expected to report
immediately any suspicion of dishonesty or criminal intent which may inany way affect
Post Office Ltd or Royal Mail Group Limited, whether the likely offenderis connected with
either Post Office Ltd or Royal Mail Group Limited or not. It issimilarly enjoined to render
all possible assistance to officers of the Investigation Division(see below).
ENQUIRIES BY OFFICERS OF THE INVESTIGATION DIVISION
12.
13.
14.
The main job of the Investigation Division is to investigate, or help the Police to investigate,
criminal offences against Post Office Ltd and/or its clients andcustomers, or National
Savings. The Investigation Division does NOT enquire into matterswhere 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 officersseeking interviews with
persons employed on Post Office® business is to get help inclearing up such offences.
Usually the help takes the form of a witness statementthat provides evidence about a
particular act or acts that the witness has carried out inthe course of his or her duty.
Although they comprise the minority of all Investigation Division crimeinvestigations,
there are many cases where the possibility (or even direct suspicion) arises that persons
employed on Post Office® business may be involved. Officers of the Investigation Division
conduct interviews about these suspected offences. These interviews will be conducted in
accordance with Codes of Practice issued under the Police and Criminal Evidence Act 1984.
This provides for an officer investigatinga criminal offence to question any person,
whether suspected or not, from whomhe thinks that useful information may be obtained.
As soon as the InvestigationDivision officer has evidence that would afford reasonable
ground for suspecting that aperson has committed an offence, he must caution him before
asking any questionsabout that offence. The caution must be in terms which make it clear
that thesuspected
58
SPSO Partnership - CLEARED 25.11.2020
15
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.
Ifan Operator or Post Office® branch Assistant is questioned as a suspected person by an
officer of the Investigation Division, on statements made by a third person,and expresses a
desire to be confronted by that person, such confrontation will, if practicable, be arranged.
At the confrontation, the suspect will be at liberty to question the third person on his
evidence and the questions and replies willbe recorded by the Investigation Division
officer.
FRIENDS AT INVESTIGATION INTERVIEWS
16.
17.
18.
19.
At all interviews between Investigation Division Officers and a partner or other authorised
representative of the Operator or an Assistant, the interviewing officer will first introduce
himself, explain the nature of the enquiry, then ask the person tobe interviewed if he wishes
to have a friend present. The introduction andexplanation are necessary first steps so the
person to be interviewed knows what is involvedwhen 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 (or
equivalent if the Subpostmaster is now contracting as a company orpartnership),
, Assistant or employee of Post Office Ltd and can be the local NFSPrepresentative. To
avoid unreasonable delay and to ensure that interviews will not commence untila friend, if
requested, is present, the person being interviewed will be asked to nominate alternative
friends if the one first (or subsequently) chosen is notavailable 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 isnot questioned as a
suspected person at the outset (i.e. not under caution), butfresh evidence emerges during
the interview that gives reasonable grounds forsuspicion, the Investigation Division officer
will make this clear and explain that he proposesto continue his questions after caution.
Before the caution is given theInvestigation Division officer will ask if the presence of a
friend is desired during the remainderof the interview.
A friend may only attend and listen to questions and answers. He must notinterrupt in any
way, either by word or signal. If he does interrupt he will be required toleave at once and
the interview will proceed without him. Whatever is said at theinterview is to be treated as
in strictest confidence. The friend may take notes of theinterview but he must keep the
notes in the strictest confidence. The only communicationthe friend is entitled to make on
behalf of the person who has been questioned will bein the form of a written “in strictest
confidence” statement which may be submitted by the latter, in support of any official
appeal which the person questioned may desireto make in connection with the methods
followed at the enquiry. No other communication about the interview is allowed (unless
made by permission of Post Office Ltd) as it might constitute a breach of the Official Secrets
Acts. Thequestioned person may, however, if he so desires, communicate the friend’s
statement to the National Federation of Sub-Postmasters in strictest confidence.
SEARCHES
20.
21.
If a person agrees to his property or house being searched by Investigation Division staff
the Investigation Division officer will ask, before the search is carried out, ifhe wishes to
have a friend present.
Investigation Division officers have no authority to search the Nominated Person or any
other partner of the Operator or an Assistant or their homes unless they havefirst obtained
the agreement of the person concerned or they have obtained a warrantto do so. In practice
Investigation Division officers only seek authority or permissionto 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 carriedout
59
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POL00448242
POL00448242
during the course of enquiries which do not substantiate any suspicion that mayhave been
directed at the Nominated person or any other partner of the Operator oran Assistant, he
will be handed at a later stage a written apology for anyinconvenience caused, coupled with
a statement that he readily agreed to the search and that nothing which would cast any
doubt on his honesty was found.
END
60
SPSO Partnership - CLEARED 25.11.2020
POST
OFFICE LTD
ION 19
SECT.
TELEPHONE FACILITIES AT SUB-POST OFFICES
THE OFFICIAL BRANCH TELEPHONE LINE
(i)
An Operator must arrange for the provision of suitable telephone facilities at itsPost
Office® branch to meet the needs of the official business of Post Office Ltd and the
requirements of security. These telephone facilities are known as “The Official Branch
Telephone Line”.
Where possible, The Official Branch Telephone Line must be provided by BT inorder that
Post Office Ltd may use the line for the Post Office Ltd Asymmetric Digital Subscriber Line
[ADSL] service.
Where a BT line is installed the Horizon equipment or any future replacement forthe
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 PostOffice® branch and
will utilise the Post Office Ltd ADSL service that runs over The Official Branch Telephone
Line.
Where it is not possible to install a BT line the Horizon equipment or any future
replacement for the Horizon equipment or any official Post Office Ltd equipmentas Post
Office Ltd may from time to time specify will continue to utilise the ISDNline connected
to the Post Office® branch and /or The Official Branch TelephoneLine.
Whether The Official Branch Telephone is provided by BT or byanother
telecommunications service provider the operational and security needs of PostOffice Ltd
must at all times take precedence in terms of the use made of The Official Branch
Telephone Line. Where these needs conflict with the private use by the Operator of The
Official Branch Telephone Line, the Operator must cease such private use.
Provided that the requirements of paragraphs 1 to 5 above are met:
the Operator may utilise The Official Branch Telephone Line for privatepurposes in
addition to official Post Office Ltd purposes; and
(ii) the Operator may order the addition of extra services for The Official Branch
10.
Telephone Line from the telecommunications service provider of thatline.
In either circumstance it is the responsibility of the Operator to pay for theinstallation and
operation of any additional services or use.
Should the Operator wish to make use of its rights under paragraph 6 above, itmust first
seek Post Office Ltd’s agreement to any such changes by contacting the NBSC. Only
changes authorised by Post Office Ltd may be introduced.
Any movement of or changes to any of the telephone or othercommunications equipment at
the Post Office® branch that are the result of changes initiated bythe Operator, including
but not limited to refurbishment or re-location of the branch, will be the responsibility of
the Operator. The Operator will be responsible for orderingand paying for the movement or
changes from the telecommunication service provider.
Post Office Ltd reserves the right to amend and update the requirements ofthis section
in the future should the operational and security needs of Post OfficeLtd require such
achange.
The Operator agrees to co-operate with Post Office Ltd in relation to the installationat the
Post Office® branch of any other forms of communications equipment or datalinks to be
used for the purposes of conducting the official business of Post Office Ltd.
61
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
PROVISION OF THE OFFICIAL BRANCH TELEPHONE LINE
11.
12.
12.2
12.3
The Operator must provide:
(i) a direct exchange line; or
(ii) an extension plan installation comprising a portable telephone and twosockets: one
to be installed in the Post Office® branch and the other in the Nominated Person's
residential premises. (This type of installation is only required where Post Office Ltd
considers it is desirable, as a security measure, and where the Nominated Person
resides on the premises, However, Post Office Ltd will not require this type of system
to be installed at island and small rural offices where Post Office Ltd considers that
the risk of criminal attack is clearly negligible).
The Operator's requirement to provide The Official Branch Telephone Line may be
discharged in the following ways:
12.1 By transferring responsibility for and ownership of the BT line at the Post Office®
branch to Post Office Ltd. Under this arrangement, Post Office Ltd becomes
responsible to BT for the line rental and for the cost of official calls made by the
Operator. Private calls made by the Operator are its responsibility and BT will invoice
it directly for such calls. This arrangement is known as“Split Billing”. As Post Office
Ltd pays BT directly for the official use of this linethe Operator incurs no telephone
costs for the provision of The Official Branch Telephone Line and has no need to
reclaim such costs from Post Office Ltd.
As BT provides the Official Branch Telephone Line under this option, it meetsthe
requirements of the Post Office Ltd ADSL service. It is the simplest and preferred option.
Operators who sign a novation accepting the transfer of the line to Post Office Ltdare
deemed to have accepted this option. Once this option has been accepted it cannot be
reversed. New Operators who take up appointment at Post Office® branches wherea
previous Operator has transferred to Split Billing are required to continue with that
arrangement.
Operators taking up appointment from 1st April 2005 at Post Office® branches where The
Official Branch Telephone Line is provided by BT but where previous Operators have not
transferred to Split Billing are required as a condition of such appointmentto agree to
transfer to Split Billing by signing the necessary novation form provided by Post Office Ltd at
the time of their appointment.
By allowing the installation by Post Office Ltd at the Post Office ®branch of aseparate BT
line to be used as The Official Branch Telephone Line. Under this optionthe Operator
retains whatever private lines and /or telecommunications facilities it, but those facilities
are not used for official purposes. As Post Office Ltd pays BT directly for the official use of
this line the Operator incurs no telephone costs for theprovision of The Official Branch
Telephone Line and has no need to reclaim such costs from Post Office Ltd.
As BT provides the Official Branch Telephone Line under this option, it meetsthe
requirements of the Post Office Ltd ADSL service.
New Operators who take up appointment at sub Post Office® branches wherea previous
Operator has adopted this option are required to continue withthis arrangement.
By the provision of The Official Branch Telephone Line via BT or another
telecommunications service provider in circumstances where the Operator retains
responsibility for and ownership of the Line. In such circumstances, the Operatoris billed
directly by the service provider for all costs associated with the line andis entitled to
reclaim from Post Office Ltd the ‘official’ element of those costs in accordance with
paragraphs 13 to 19 below.
62
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
If the telephone facilities provided under this option do not meet thespecifications required
by the Post Office Ltd ADSL service the facilities will not be acceptable asThe Official Branch
Telephone Line. In such circumstances the Operator must eitheragree to transfer to option
12.1 or option 12.2, unless Post Office Ltd is unable to offereither of those options, in which
case the existing arrangements would continue. Inthe event of transfer to option 12.1 or
12.2 the Operator would then lose its entitlementto reclaim costs related to official rental or
calls.
New Operators who take up appointment at Post Office® branches where aprevious
Operator has adopted this option are required as a condition of their appointment to
change to option 12.1 or 12.2 upon appointment unless Post Office Ltd is unableto offer
either of those options in which case they may maintain thisarrangement.
TELEPHONE COSTS REIMBURSEMENT
13.
The following applies only to those Operators who provide The OfficialBranch
telephone Line in accordance with option 12.3 above.
RENTAL CHARGES
14.
Post Office Ltd on production of a paid quarterly telephone account, will reimbursethe
Operator the rental charges billed by BT including the VAT element (see paragraph 19)
appropriate to the type of telephone facility that Post Office Ltd has agreed is necessary.
Rental charges which exceed the levels so authorised by Post Office Ltd remain the
responsibility of the Operator.
CALL UNIT ALLOWANCE
15.
16.
Each Operator is given for each telephone account period an allowance of call unitsfor
official purposes, based on the scale of Post Office® business transacted; any partof the
allowance not expended in a telephone account period cannot be carried overto the next.
The Operator is due to pay for all call units used in excess of thisallowance.
The standard allowances have been fixed at a level that takes into account thevarying
conditions between offices. They also allow a margin for contingencies.
Branch Banding (per annum) Official call
per annum
Up to £12k £5.48
Between £12k and £25k £10.92
Between £25k and £35k £40.32
over £35k £52.92
SUPPLEMENTARY ALLOWANCE
17.
A Mailwork Operator may claim an additional allowance, in respect of calls madein
connection with its Mailwork responsibilities, providing that the standardallowance has
been expended. A claim, supported by documentary evidence shouldbe submitted to
Post Office Ltd with the telephone account for the periodconcerned.
SUBMISSION OF TELEPHONE REIMBURSEMENT CLAIM
18.
The Operator must submit its paid telephone invoice on a quarterly basis for
reimbursement.
63
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POL00448242
POL00448242
REIMBURSEMENT OF VAT CHARGES
19. Post Office Ltd will reimburse the Operator the charges raised for VAT at thestandard rate,
in respect of that part of the total charge related to Post Office services, ie. rental, the free
call allowance and emergency repairs.
END
64
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POST OFFICE LTD SECTION
20
QUALITY STANDARDS
. Post Office Ltd, through its network of Post Office® branches, aims to give customersand clients
a high quality service. The Operator must therefore give high priority toserving customers
quickly and efficiently, and to fulfilling the documentation requirementsof clients with accuracy
and professionalism.
WAITING TIME
2.
The Operator should ensure that the time for which customers wait to be servedis kept to
the minimum, and make any adjustments to the staffing patternaccordingly. To help
achieve this objective Operators in Post Office® branches displaying the charter,
particularly those in larger Post Office® branches, will be encouraged to monitor waiting
times using the system developed by Post Office Ltd.
This entails counting the number of customers queuing and the number of Post Office®
branch Assistants serving, three times a day and to supply the information to Post Office Ltd
to enable the results to be analysed and fed back to the Operator.
While Post Office Ltd has an overall national objective for customers to wait forno longer
than five minutes before being served, it is recognised that customershave different needs
and expectations of waiting time in different Post Office®branches, and at different times
of the day or week. However, Post Office Ltd will treatvery seriously any evidence that
suggests that the Operator is not making allreasonable efforts to ensure that customer
waiting time is minimised, to meet the needs of customers locally.
TRANSACTIONS
The Operator will be responsible for ensuring that transactions are carried out accurately,
that all reasonable steps are taken to prevent fraud and thatall documentation is properly
completed and despatched at the due time. Whereunder the terms of its contracts with its
clients Post Office Ltd incurs financial penalties asa result of the Operator's failure in this
regard, Post Office Ltd may, subject to paragraphs 12 and 13A of Section 10, pass on this
additional cost to the Operator. The Appendix to this Section sets out thecurrent maxima
of the penalties that can be passed on to the Operator. Insuch circumstances, Post Office
Ltd will furnish copies of the appropriate documentsas evidence in support of any action.
Failure to properly complete accounting andtraffic information documents may lead to
the exclusioninwhole orinpart of business transacted for the purposes of
determining payment.
The Operator will ensure that customers are treated fairly, courteously andhelpfully.
Persistent failure to meet the high standard of service demanded by Post Office Ltd could,
subject to Section 8, result in termination of Contract.
(APPENDIX 1 FOLLOWS)
65
SPSO Partnership - CLEARED 25.11.2020
APPENDIX 1
QUALITY STANDARDS
OPERATOR ERRORS: MAXIMUM PENALTIES
(@
(2)
(3)
(4)
21
2.2
a)
°)
dy
British Telecom
Late despatch of BT Bills with due account to cut offtimes and
where this is demonstrably the fault of the Operator.
Girobank
Error notices issued in respect of PDR (G.6301/G.6302)
transactions, Community Charge (G6403) transactions,
Green/Violet Girocheques (G6305/7) transactions.
Cashing other Bank's Cheques: Fraud Losses
POL00448242
POL00448242
Maximum
1.4.93
£10 (per summary
form)
£23.54 (per error
notice)
Post Office Ltd bears in full losses from fraudulently encashed ‘other bank's cheques’
where these cheques have been accepted incorrectly (e.g. nocheque card number
written on back of cheque). Recompense may be soughttowards losses incurred.
DVLA (MVL Offices) only
License issued early
Incorrect Licence issued
Lost tax discs(where Operator failed to safeguard properly)
Department of National Savings
DNS may seek recompense from Post Office Ltd for fraud
losses, where error by Operator had led to payments which
should not have been made. For example:-
Where a stop payment has been ignored.
Where a forged date stamp impression is a bad one.
Where pass book entries have been blatantly altered.
Where the wrong balance figures have beenentered.
Again, depending on the circumstances, a contributioncan be
sought towards losses incurred.
END
66
£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.
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POST OFFICE LTD
SECTION 21
REDEMPTION OF TELEPHONE, TELEVISION, MOTOR VEHICLE AND OTHER SAVINGS STAMPS
1. An Operator must only accept savings stamps either in total or part payment forthe
relevant transaction to which they refer, except in the case of Post Office® saving stamps
which may be accepted for all Post Office® goods and services, and anyother goods and
services that the Operator has, at its own discretion, decided toallow.
2. Itis TOTALLY UNACCEPTABLE for an Operator (or anybody acting on its behalf) to:-
(i) exchange redeemed savings stamps for cash; except in the case of Post Office® saving
stamps and only then where the Operator is paying change fora purchase made using
the Post Office® saving stamps and the amount ofsuch change is under £5.00.
(ii) affix savings stamps to savings cards and claim them as if they hadbeen
redeemed by a customer in the normal course;
(iii) convert total of partial cash or cheque payments for licence oraccounts
payments into stamps and claim them as if they had been presented bya
customer;
(iv) convert official cash (whether directly from the till or paid in over thecounter) into
savings stamps (whether affixed to a card or not) for use as a meansof saving for any
purpose whatsoever; or to take action which improperly sets out to increase its
remuneration.
3. Redeemed savings stamps must be despatched immediately following completion of the
cash account on which the transaction to which they refer takes place. It isnot acceptable
to remit redeemed savings stamps later than the scheduled despatchdate or to remit
several weeks redemption together.
4. In the event that cases of falsification come to light Post Office Ltd will viewsuch
activities extremely seriously and in such circumstances almost certainly (subject to
Section 8) consider termination of the Operator's Contract for Services.
END
67
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POST OFFICE LTD SECTION
22
MAILWORK
GENERAL
1.
This contract is between Post Office Ltd and the Operator of
in respect of the provision of sorting facilitiesand supervision
of Postmen for both delivery and collection of mails, knownhereinafter as Mailwork.
The specifications given at APPENDICES 1-3 of this section explain more fullythe
requirements on the Operator and Royal Mail Group Limited in the provisionof
Mailwork.
This Mailwork contract does not affect the Operator’s obligations andentitlements under
its contract with Post Office Ltd to provide counterservices.
ACCOMMODATION AND FITTINGS
The Operator agrees to provide and maintain such accommodation as is requiredfor the
effective discharge of Mailwork duties. In fulfilling this requirement, the Operator will be
responsible for meeting the provisions of all relevant legislation(in particular HASAW)
and where Royal Mail Group Limited employees work onthe premises specifically
provide:
Access to toilet facilities
Facilities for washing, including a supply of hotwater Hat
and coat pegs
Facilities for making tea
Adequate lighting Adequate
heating, and Adequate
ventilation.
68
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
Where provision of relevant legislation or requirements introduced by Royal MailGroup
Limited after the appointment of the Operator call for changes in theaccommodation
provided by the Operator, Royal Mail Group Limited will pay 100% of the costs involved in
effecting the required changes. A proportion of the costs isreturnable should the Operator
relinquish its appointment within 4 years of the work beingcarried out.
Royal Mail Group Limited will make available fittings designed specifically forMailwork use
at no cost to the Operator. In certain circumstances, Operators may purchase other surplus
equipment by local arrangement from Royal Mail GroupLimited.
ATTENDANCE
3. The Operator is responsible for the proper conduct of Mailwork duties andmust ensure
that any Assistant carrying out Mailwork duties is sufficiently well-versedto carry out
those duties and is acceptable to Post Office Ltd and to Royal MailGroup Limited. The
Operator shall arrange for:
(a) the correct handling of value and other special items in accordance with regulations
advised from time to time
(b) the maintenance of statistical and management information systems as required for the
effective provision of Mailwork in accordance with agreements reached withthe National
Federation of Operators (NFSP).
ACCESS TO PREMISES
4. The Operator will allow access to the area where sorting is performed at all times when
Mailwork is being carried out to any representative of Royal Mail Group Limited for the
purpose of inspection and procedural audit. Visits to the area where sorting is performed
outside hours when it is in use will be by appointment at atime reasonable to both Royal
Mail Group Limited and the Operator.
69
SPSO Partnership - CLEARED 25.11.2020
POST OFFICE® OBLIGATIONS
5. Royal Mail Group Limited for its part will provide for:
Training in all aspects of Mailwork to include not only new entrant training but alsoon- going
training.
Royal Mail will make available the conduct code applicable to their employees working in the
Mailwork office and will take appropriate action to ensure the conduct code is followed in order to
support the Operator.
Sufficient levels of operational and administrative support to allow the Operator tofulfil its
obligations under the terms of itscontract.
The supply of soap and towels and toilet paper. Fire
fighting equipment.
CHANGES TO FACILITIES
6. Royal Mail Group Limited will ensure that any changes to facilities or services willbe
subject to consultation with NFSP.
REMUNERATION
7. Remuneration for the facilities and services provided by the Operator will be paid in
accordance with the agreement that may be in force from time to time between Post Office
Ltd and the National Federation of Operators in respect of Mailwork.
WITHDRAWAL OF MAILWORK
8. Where Mailwork is withdrawn either in whole or in part, a payment may bemade.
Details of the conditions of such a payment appear at Appendix 4.
CHANGES IN CONDITIONS OF SERVICE
9. Any changes in conditions of service and operational instructions, includingthose which
are agreed with the National Federation of Operators, will be communicated to Operators
either directly, in the regular communications issued by Post Office Ltd,or by amendment
to Postal Instructions, provided such changes and/or operational instructions are
reasonable.
(APPENDICES 1-4 FOLLOW)
70
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
APPENDIX 1
ACCOMMODATION SPECIFICATION
Current Health & Safety legislation requires that certain standards of accommodationare needed at
Mailwork Post Office® branches. The following schedule outlines thesestandards by reference to
workplace regulation issued by Health and Safety Executive under Section 16 of the Health and
Safety at Work Act 1974.
The determination of whether these standards are achieved at particular offices will be made, if
appropriate via Royal Mail carrying out risk assessments via Post Office Ltd tothe Operator. Any
action required as a consequence of the risk assessment will beagreed between Royal Mail and
Post Office Ltd and the Operator and all parties will use reasonable endeavours to ensure that any
such agreement is not unreasonablywithheld.
In general terms any action required in respect of general maintenance or whatcan reasonably be
expected under the following paragraph A will be funded by the Operator. Any action that can
reasonably be attributed to a past change in Royal Mail’srequirements, or past changes in
legislation, will be funded by Royal Mail.
Paragraph A
The Operator agreed to provide and maintain such accommodation as is required forthe effective
discharge of Mailwork duties. In fulfilling this requirement, the Operator willbe responsible for
meeting the provisions of all relevant legislation (in particular HASAW)and where employees of
Royal Mail Group Limited work on the premises specifically provide access to a toilet, facilities for
washing, including a supply of hot water, facilities for making tea, adequate lighting, adequate
heating and ventilation, hat and coatpegs.
The following specification represents guidelines, Their applicability in differing circumstances
will depend on a range of factors such as number of staff, dutystructures, composition of staff, etc.
The intent is to ensure that at the minimum thelegislative requirements are met.
71
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POL00448242
POL00448242
APPENDIX 1
ACCOMMODATION SPECIFICATION.
GENERAL
General Health, Take measures to ensure, so far as it is reasonably practicable, Workplace
Safety the health, safety and welfare of people whouse their premises. Reg4
& Welfare These measures should be intended to protect the health and
responsibilitie safety of everyone in the workplace, and to ensure that adequate
s welfare facilities are provided for Royal Mail employees at work
as detailed below.
Display of Display suitably and prominently all relevant statutory
statutory Notices including the Health and Safety law notice andthe
Notices Health and Safety Policy Abstract Notice.
WORK AREA
Space and Every room where persons work should have sufficient floor Workplace
room area, height and unoccupied space for purposes ofhealth, safety Reg 10
dimensions and welfare.
Maintenance The workplace and the equipment, devices and systems should
of workplace be maintained in an efficient state, in efficient working order and Workplace
and in good repair. Where appropriate a suitable system of Reg5
equipment, maintenance of equipment devices and systems provided by
devices and them. The sub-postmaster willarrange for premises
systems maintenance in accordance with its contract.
Workstations Workstations should be suitable for the work and forpersons
and working there. Workstations should include, so faras reasonably Workplac
eating practicable, protection from adverse weather, arrangements for eReg11
swift exit in an emergency and arrangements to minimise risks
of slipping or falling, and seating suitable for operation. Royal
Mail will provide the equipment necessary for its employees to
undertake the tasks. The sub-postmaster will ensure that such
equipment is used correctly for the appropriate purposes.
CLEANLINESS
Cleanliness The workplace and the future furnishings and fittingsshould be
and waste kept sufficiently clean. Surfaces of the floors, wallsand ceilings Workplac
materials inside the building should be capable of beingkept sufficiently eReg9
clear. Workplaces should be kept free of accumulation of waste
material, suitable waste receptacles should be provided.
72
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
WELFARE & SANITARY FACILITIES
73
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
Toilet Royal Mail employees should have ready access to toilet
Facilities facilities. Provide suitable and sufficient water closets and Workplace
urinal. Facilities should be appropriate for men andwomen. Regs 20 &
Facilities should be kept clean and orderly and adequately 21
ventilated and lit.
Supply towels Soap and hand cleanser should also be provided for Royal Mail
or dryers, employees at all times as should toilet paper andtowels or other © Workplac
toilet paper, hygienic means of drying hands. e
soan. Reg 20
Sanitary towel Provide suitable means for disposal of sanitary towelsin Workplac
disposal toilets that are used by women. e Reg21
Washing Provide suitable and sufficient washing facilities, including clear
facilities hot and cold running water, for Royal Mail Employees. Facilities
should be provided in the immediate vicinity of water closets
and urinals. Facilities should be appropriate for men and
women. Facilities should be kept clear, orderly and adequately
ventilated and lit.
Drinking A supply of wholesome drinking water would be provided Workplace
water supply and be readily accessible at all times. It should be clearly Reg 22
marked if appropriate. Clean drinking cups or beakers should
be available unless the supply is from a drinking fountain.
Facilities for Facilities for making tea and coffee should be provided and Workplace
making tea should be subject to routine safety tests carried out by Royal Reg 25
and coffee Mail.
Eating Provided the mail preparation work area or kitchen is keptin a Workplace
facilities clean and hygienic condition, this should adequatelyserve as a Reg 25.
facility to eat meals. There should be provision for ensuring food
and beverages are kept in a hygienic environment.
Drying(room) __ Provide facilities for the employees’ clothing to hang ina clean,
facilities dry, warm, well-ventilated place where it can dry out in the Workplace
course of a working day ifnecessary. Reg 23
Individual hat Accommodation for hanging and storage of employees’ clothing Workplace
and coat pegs — should be provided; at jum a separate hookor peg foreach Reg 23
or lockers worker (it is desirable that individuals areable to secure their
belongings, so where an employeemakes such a request, space
permitting, Royal Mail will providea 3ft locker).
Safe access Provide arrangements for safe access including swift exitin an
including emergency.
passageways
Adequate Provide suitable and sufficient lighting. This should be by Workplac
lighting natural light so far as is reasonably practicable. Provide a e Reg8
thermometer in the workplace.
Adequate Maintain workplace temperatures that provide reasonable Workplace
temperatures comfort. Use safe heating systems. Provide athermometer inthe Reg 7
workplace.
74
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
Rest facilities Provide suitable and efficient facilities for rest.
Provide suitable protection from discomfort caused by WorkplaceReg
tobacco smoke. 25
Provide suitable and sufficient facilities to eat meals where
they are eaten regularly in the workplace.
FIRE & SECURITY ARRANGEMENTS
Fire Provide fire precautions as required by the relevant fireprecautions and
precautions regulations. Maintain fire escape minimum standards asdefined by Royal
Mail Group Limited.
Fire fighting Maintain as a minimum, one water fire extinguisher. These
equipment, extinguishers must be checked annually and arrangements
alarm system, should be made to ensure this happens.
evacuation
drills
Disaster Plan Hold a simplified, scaled down version of a disaster plan.
This should specify means of escape, assembly points, individual's
responsibilities in times of danger and namesand telephone
numbers of responsible Royal Mail managers (e.g. controlling
DOMs, DAMs etc.) as well as emergency services and utilities
contact numbers. It need only be on one sideof an A4 sheet and
should be readily accessible if not permanently displayed.
HEALTH & SAFETY
Safe systems Hold copy of the Safe Systems of Work for delivery staffand Safe System of Work for
of work encourage Royal Mail employees to refer to itperiodically. Delivery Staff
Display of Hold and make readily available, to Royal Mail Royal Mail Health
Health and employees, a relevant copy of the current Royal & Safety Policy
Safety Mail Health and Safety Policy showing the
Information management structure of the controlling Main
Postal Delivery Office amongst the Organisation
section.
Condition of Floors and traffic route should be suitable for the
floors and purpose for which they are used. They should not
trafficroutes _ have holes, slopes uneven or slippery surfaces that
might cause safety risks. They should have
drainage where appropriate. Floors and traffic
routes should be kept free from obstructions and
from anything that may cause someone to slip, trip
or fall. Staircases should have suitable handrails
and guards where appropriate.
75
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
Falls or falling Suitable and effective measures should be taken Workplace
objects to prevent falls and people being struck by falling Reg 13
objects. Any known risk area should be indicated
and where appropriate securely covered or
fenced.
Windows and Every window and transparent or translucent Workplace
transparent or surface where necessary for reasons of Health Reg 14
translucent & Safety should be made of safety material or
surfaces adequately protected against breakage and
should be appropriately marked to make it
apparent.
Windows, Windows, skylights and ventilators should not Workplace
skylights and present health and safety risks. They should be Regs15 & 16
ventilators capable of being cleaned safely.
Organisation Workplaces should be so organised in that pedestriansand Workplace
etc. of traffic vehicles can circulate in a safe manner. Traffic routesin Reg 17
routes workplaces should be suitable for the people or vehicles using
them, in number, position and size. Trafficroutes should be
safe for use by pedestrians and where appropriate, vehicles.
Traffic routes should be suitably signed where necessary for
safety.
Doors and Doors and gates should be suitably constructed and safe in use. Workplace
gates Reg 18
76
SPSO Partnership - CLEARED 25.11.2020
APPENDIX 2
OPERATOR SPECIFICATION
The following specification sets out the key outputs that Operators must deliver in respectof the
undertaking of Mailwork in Post Office® branches.
It should be read in conjunction with the Royal Mail Specification.
The phraseology uses the term “output”. This represents the achievement of an outcome for which
the Operator is responsible. It does not necessarily mean that the Operator hasto personally
perform the task to deliver the output. For example, “Royal Mailemployees briefed in accordance
with employee communication programme”: does not necessary mean that the Operator has to lead
formal team briefing sessions. It will mean that the Operator will be responsible for distributing
written briefing, facilitating team briefings lead bythe Royal Mail line manager, passing on urgent
messages for the line manager to Royal Mail employees.
There are a number of outputs, particularly in the Customer and Supervision areas, which cannot
be tightly defined and where an element of discretion is needed in determiningthe level of
Operators’ involvement. In these cases a test of reasonableness applies. In general terms,
Operators are expected to deal with issues that can easily be resolved on thespot.
But there is no requirement for them to leave the Mailwork premises to do so. In allcases where
Operators are unable to resolve issues or believe that resolution requiresadditional capability,
such difficulties must be referred to the Royal Mail LineManager.
The detailed local arrangements as to how each output will be achieved at each office will be set
out in the Local Specification that will be agreed between Royal Mail, Post Office Ltdand the
Operator.
1. SUPERVISION
« Royal Mail employees adequately supervised at all times when on mailwork
premises. (NOTE: Royal Mail employees will be deemed to beadequately
supervised if all the outputs in this specification are achieved)
* Contact point provided for Royal Mail employees based at the mailwork officeat all
other times when they are on duty.
* Royal Mail employees’ attendance checked (i.e. start and where appropriate finish
times) and all unforeseen absence reported to Royal Mail linemanager.
« — Staffing failures covered at minimum cost in accordance with contingencyplan
difficulties referred to Royal Mail line manager.
* Indoor operational problems resolved where possible: difficulties referredto
Royal Mail line manager.
. Pressure overtime authorised and controlled in accordance with guidance from
Royal Mail line manager.
. Overtime, Scheduled Attendance’s, allowances and Door-to-Doorrecords
certified.
* Reasonable actions taken to ensure Royal Mail employees comply withsafety and
security instructions,
2. CUSTOMER
« Information provided to Royal Mail Customer Care when requested (where
Operator can reasonably be expected to have access to suchinformation).
© Customer complaints/enquiries dealt with where resolution is possible atlocal
office level - any difficulties referred to Royal Mail Customer Care or Royal Mail line
manager.
77
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
* Local customer requirements met in accordance with processes set out inlocal
specification.
* Local delivery problems with customers resolved (e.g, dangerous dogs) where
resolution is possible at local office level and in accordance with processesset out in
local specification - any difficulties referred to Royal Mail linemanager.
* Positive approach to Customer First activity in the office (but no requirementfor
personal attendance for Royal Mail Customer First Activity).
* Positive approach to Royal Mail’s image in the local community.
3. OPERATIONAL TASKS
« Mail received and acknowledged.
Signature and value items securely held and processed in accordance with
product specification.
* Redirection instructions, special instructions, retention instructions issuedto
appropriate Royal Mail employee.
* Door to door managed in accordance with product specification andreturns
made,
* _ Response service items processed in accordance with product specification.
* Second pouch arrangements made in accordance with local specification.
* Keys securely held, issued and returned.
* Callers facilities provided (P739, Surcharges, PO Boxes).
* Uniforms, stores, forms, equipment ordered and issued.
« Letterbox faults reported to Royal Mail line manager.
4. MANAGEMENT INFORMATION
* Attendance record completed.
* Work Load Assessment forms, completed by Postmen forwarded inaccordance
with operational instructions.
« Letter Information Systems and parcel sampling returns completedand
forwarded in accordance with operational instructions.
* — Official Motor Vehicle mileage and fuel returns made.
Driver's hours’ information supplied.
* Information provided in response to ad hoc requests subject to levels of
reasonableness.
« Basic staff hours’ records completed.
5. PERSONNEL
« Annual leave selection managed and authorised in accordance with local
78
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POL00448242
POL00448242
specifications.
79
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
© Royal Mail conduct code followed by Royal Mail employees - any failuresby Royal
Mail employees to meet Royal Mail standards referred to Royal Mailline manager.
© Opportunity for input to sick absence, Non-culpable Inefficiency, ConductCode,
Welfare Interviews for Royal Mail employees; recruitment of permanent and
temporary Royal Mail employees; trial reports and appraisals, sick reportsand
appraisals.
« Royal Mail employee grievances resolved where this is possible at localoffice level
- any serious grievances referred to Royal Mail line manager.
* Royal Mail employee questions answered if within the knowledge of the Operator
- any difficulties referred to Royal Mail line manager or appropriatesupport
function.
* Late attendance reports completed.
« Royal Mail employees recognised in accordance with Royal Mail policy on
recognition.
* Accident reports completed.
* Royal Mail employees briefed in accordance with employeecommunication
processes as set out in local specification.
* Royal Mail employee training needs identified and where appropriate referred to
Royal Mail line manager.
« Royal Mail employees coached and trained in accordance with processes setout in
local specification.
6. TRANSPORT
© Royal Mail vehicles parked securely in accordance with locally agreed
arrangements.
«Fleet maintained, fuelled and cleaned in accordance with local Royal Mail
procedures.
¢ Road Transport Act requirements met (Logbooks Drivers hours; returns made).
* Vehicle accident reports completed.
* Cycles and delivery aids kept securely and maintained in safe conditionin
accordance with locally agreed arrangements.
7. SAFETY
« Hazard/safety checks carried out on mailwork premises.
« Health and Safety notices displayed.
* Adequate fire precautions - Royal Mail employees aware of precautions.
* Locally agreed disaster plan followed.
80
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
First aid facilities available for use and maintained.
SECURITY
Security of mail and equipment maintained in accordance with locally agreed
arrangements.
Security procedures followed as per locally agreed arrangements.
Security checks carried out as per locally agreed arrangements.
81
SPSO Partnership - CLEARED 25.11.2020
APPENDIX 3
ROYAL MAIL SPECIFICATION
The following specification represents the key outputs that Royal Mail must deliver toenable the
Operator to meet the Operator Specification. It should be read in conjunction withthe Operator
Specification.
The phraseology uses the term “output”. This represents the achievement of an outcome for which
Royal Mail is responsible. Where further definition is required (eg type ofsorting fitting, level and
detail of guidance and training) Royal Mail will determine what is necessary to achieve the Delivery
Specification and agree the details in the LocalSpecifications.
1. SUPERVISION
¢ Information on Royal Mail employees, attendance times and duties provided.
* Contingency plan for office provided.
« Guidance provided to Operator and Royal Mail employees on completion of Overtime,
Scheduled Attendance, Allowances and Door-to-Door records.
« Local specification (agreed with the Operator and Post Office Ltd).
* Royal Mail contact point provided to which operational difficulties can bereferred.
2. CUSTOMER
« — Royal Mail Customer Care contact point provided.
* Guidance on meeting the changes to customer requirements (unit specification).
«Information on Royal Mail Customer First provided.
« Information on Royal Mail Mission and Values provided.
3. OPERATIONAL TASKS
« Details of scheduled mail arrivals/tick list provided
* Telephoned advice of late arrivals, or other operational changes
« Guidelines and training for Operator and Royal Mail employees provided for allRoyal Mail
products
«Second pouch arrangements specified
« Key security system specified
« Instructions provided for the ordering of uniforms, store, forms, andequipment
4 MANAGEMENT INFORMATION
« Guidance provided on how Postmen complete Work Load Assessment forms.
« Guidance provided on completion of Letter Information Systems/parcelsampling
returns.
* Guidance provided on completion of Official Motor Vehicle mileage and fuel returns
* Guidance provided on Drivers hours’ information
82
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POL00448242
POL00448242
* Guidance provided on quality checks to be made
83
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
Royal Mail contact point provided for all pieces of management information
PERSONNEL
Resourcing plan provided (annual leave)
Royal Mail conduct code made available and appropriate action taken by Royal Mail to.
ensure conduct code is followed.
Opportunity given to Operator to input relevant information regarding Royal Mail
employees in cases of Non-Culpable Inefficiency, welfare, sick absence, trial reports,
retention, appraisals.
Opportunity given to Operator to attend the selection interviews for Royal Mail
employees at the Mailwork office.
Opportunity given to Operators to attend at long service awards/retirement
functions.
Royal Mail contact points provided for all relevant Personnel issues relating toRoyal Mail
employees.
Guidance provided on completion of accident reports.
Royal Mail recognition policy communicated.
Guidance provided on training for Royal Mail employees (training plans)
Communications plan for Royal Mail employees in Mailwork office provided.
TRANSPORT
Agreed arrangements specified for secure parking of vehicles
Arrangements for maintenance, fuelling and cleaning of fleet specified
Guidance provided on Road Transport Act requirements
Guidance provided on completion of Vehicle Accident reports
Arrangements for secure keeping and maintenance of cycles and deliveryaids
specified.
SAFETY
Safety instructions provided
Disaster plan specified
First aid training provided to postmen in line with legal Health &Safety
requirements.
SECURITY
Security instructions provided
Security measures specified
FACILITIES
Sorting fittings, stores cupboards/cabinets, soap/towels, toilet paper, firefighting
equipment, first aid equipment provided.
84
SPSO Partnership - CLEARED 25.11.2020
APPENDIX 4
PAYMENT ON WITHDRAWAL OF MAILWORK
Where the whole or part of either category of Mailwork carried out at a sub-officeis withdrawn by
Royal Mail or Royal Mail Parcelforce, the Sub-postmaster will receive alump sum, an amount
equivalent to 1.5 times the consequential annual reduction in pay. Any decision to withdraw
Mailwork shall be subject to paragraph 3 of Section 8, and for the purposes of this provision any
reference to Post Office Ltd in paragraph 3 of Section 8 shall be construed as a reference to Royal Mail
or Royal Mail Parcelforce (as applicable). The reduction in pay should take effect from the date of the
withdrawal of thework.
Where appropriate, the payment should take account of all regular payments includingthe effect of
any reduction in the 3% addition paid for minor items of work that attractsno specific payment.
Regular and intermittent allowances should also be included in calculating the amount due.
If the withdrawal of Mailwork happens in stages, the Sub-postmaster should receive alump sum in
respect of the reduction on each occasion. In cases where there is simultaneousloss and gain of
Mailwork, the lump sum payment should be calculated on any netloss.
Payments should not be made where the change is due to variations intraffic.
At least three months’ notice will be provided to the Operator (and Royal Mail or Royal Mail
Parcelforce shall conscientiously consider what the duration of such notice period should be), or
payment in lieu of such notice will be paidon withdrawal of Mailwork, except in those cases where
the Operator’s Contract issummarily terminated or where he resigns to avoid summary termination.
Payment for the loss of Mailwork will not be made where work is withdrawnat:
1. the request of the Operator
2. the time of summary termination or resignation to avoid summary termination
3. a minimum payment office which is already paid for more work than it carriesout. The
annual revision date will be unaffected by withdrawal of Mailwork.
END
85
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242
POL00448242
POL00448242
POST OFFICE LTD SECTION
23
CHANGE OF CONTROL AND OWNERSHIP
1.For the purposes of this contract a person is deemed to have "Control" ofthe Operator
if all material decisions regarding the operation of the Operator mustbe approved by
them either solely or in conjunction with others.
2.A Change of Control and Ownership occurs if:
a. aperson who has Control of the Operator ceases to do so or ifanother
person acquires Control of it; or
b. an individual is appointed as a partner to the Operator or an individualis
removed (whether as a result of that individual's resignation, expulsion,
death or otherwise) as a partner of the Operator.
3.As soon as practicable after the Operator becomes aware that a Change of Control and
Ownership of the Operator has occurred or is likely to occur the Operator will give notice
to Post Office Ltd specifying details of the event and providing PostOffice Ltd with any
relevant requested information.
86
SPSO Partnership - CLEARED 25.11.2020
POST OFFICE LTD SECTION
24
INSOLVENCY EVENTS
1. For the purposes of this Contract, an Insolvency Event shall have occurred if:
1.1. the partners of the Operator apply for an administration order under the Insolvency Act
1986;
1.2 the partners of the Operator make a proposal for a partnership voluntary arrangement,
scheme of compromise or arrangement with its creditors under the Insolvency Act 1986;
1.3. apartner of the Operator is subject to a bankruptcy order;
1.4 the Operator passes a resolution or a petition is filed or an order is made for or in
connection with the winding up of the Operator or the Operator becomes subject to an
administration order or an administrator, receiver or adi istrative receiver is
appointed of all or part of the Operator's undertaking and assets;
1.5 the Operator suspends, ceases or threatens to suspend or cease to carry on its business
or is unable to pay its debts as they fall due or admits inability to pay its debts or is
deemed unable to pay its debts within the meaning of the Insolvency Act 1986; or
1.6 the Operator commences negotiations with all or any class of its creditors with a view to
rescheduling any of its debts or makes a proposal for or enters into any compromise or
arrangement with its creditors (other than for the sole purpose of a scheme for a solvent
amalgamation or solvent reconstruction where the resulting entity assumes all of the
obligations under this Contract of the Operator);
17 the Operator hasacreditor or encumbrancer attach or take possession of or it becomes subject
to a distress, execution, sequestration or other such process in relation to the whole or any
part ofits assets and such attachment or process is not discharged within fourteen days;
1.8 the Operator has an application made in court or an order is made in relation to it for the
appointment of an administrator or if a notice of intention to appoint an administrator
is given or if an administrator is appointed overt;
1.9 the Operator has a person (or a floating charge holder where applicable) become entitled
to appoint a receiver over its assets or a receiver is appointed over its assets;
1.10 the Operator becomes insolvent (within the meaning of the Insolvency Act 1986) or makes
or proposes to make any arrangement or composition with its creditors;
1.11 the Operator suffers any analogous event to those set out in clauses 1.1 to 1.9above in any
other jurisdiction;
1.12 the Operator ceases or threatens to cease to carry on all or substantially the wholeof its
business.
87
SPSO Partnership - CLEARED 25.11.2020
POL00448242
POL00448242