SERVICE AGREEMENT FOR AN EXECUTIVE DIRECTOR

This Agreement is made the [date] between
[Name] ("The Company") whose registered office is at [Address] and 
[Name] ("The Director") whose address is at [Address]

Whereas the Board of Directors of the Company ("The Board") has approved the terms on this Agreement it is hereby declared as follows.

1. Definitions

"The Board" shall mean the Board of directors for the time being of the Company.

"Entity" shall mean any firm, institution, authority, organisation or company.

"Occupation" shall include any work that in the sole opinion of the Board could interfere with or conflict with the proper performance of her/his duties hereunder.

2. Appointment & Term

The Company shall employ the Director and the Director shall serve the Company as a full time Executive Director of the Company for a period of 1 year commencing [date] and thereafter unless terminated by either party giving to the other not less than [Y] days prior written notice to expire at the end of [Z] years or at any time thereafter. 

No employment with a previous employer shall count as part of the Director's period of continuous employment. The Director's period of continuous employment with the Company began on [date]

For the duration of the appointment the Director shall (except as may at the discretion of the Board be permitted or unless prevented by illness) serve the Company well and faithfully and his or her best endeavours to promote the interests of the Company and devote the whole of his or her attention time and skill during the Company's normal business hours as set out in Paragraph 3 of the Schedule to this Agreement (and at such other times as may be necessary) in the Company's interest and shall give the Board such information concerning the affairs of the Company as the Board shall require and at all times shall conform to the reasonable directions of the Board.

3. Duties

The Director shall perform such duties and exercise such powers and discretion's as the Board may from time to time delegate to her or him and on such terms and conditions and subject to such restrictions as the Board may impose from time to time not with standing the foregoing the Company shall not be obliged to delegate any such duties powers or discretions or to provide work and the Company may exercise the right to suspend the Director from the performance of his duties and exclude her or him from any premises of the Company without prejudice to the payment of salary or fees payable to the Director unless this Agreement is terminated for whatever reason.

The specific duties of the Director are contained in Paragraph 4 of the Schedule to this Agreement.

4. Remuneration & Benefits

The Company shall pay the Director by way of remuneration for the proper performance of her or his duties hereunder the sums specified in Paragraph 5 of the Schedule to this Agreement.

The Director shall be reimbursed any expenses properly and necessarily incurred by her or him in the performance of her or his duties hereunder on production of relevant receipts.

The Director shall be entitled to [C] day paid holiday in each calendar year. Such holidays include statutory holidays. Save for statutory holidays, holidays shall be taken at a time mutually acceptable to the Director and the Board. The Director shall be entitled to time off in lieu where the need arises to work on a statutory holiday.

The Director shall not be entitled to any other payments other than as provided for by statute.

5. Non-Disclosure Of Confidential Information

The Director shall not, other than in the proper course of duty, reveal to any other person or entity any confidential information concerning the affairs of the Company. The provisions of this clause shall continue in perpetuity.

6. Other Interests

For the duration of this Agreement the Director shall not without the prior written consent of the Board directly or indirectly be involved in any work other than that of the Company.

7. Non-Competition

For a period of [D] days following cessation of employment hereunder for whatever reason the Director shall not directly or indirectly solicit business from any customers of the Company at the date of cessation of this Agreement within a [E] mile radius of the Company's Registered Office.

The Director agrees that the restrictions are fair and reasonable in all the circumstances and will nor prevent her or him earning a living.

8. Termination Of Appointment

If the Director shall wilfully and persistently breach the terms of this Agreement may terminate summarily by Notice in writing the Director's employment hereunder without any payment in lieu of Notice.

9. Duties On Termination.

Upon termination of this Agreement the Director shall deliver to the Company within [F] days any property of the Company held by the Director.

10. Unfair Dismissal

In the event of this Agreement terminating at the end of the period of [G] years without its being renewed the Director agrees to exclude any right to compensation for unfair dismissal and to any redundancy payment to which she or he might have become entitled.

11. The Employment Protection (Consolidation) Act 1978.

This Agreement shall be subject to the provisions of the EPCA 1978.

12. Notices

Any Notice under this Agreement shall be in writing and shall be served at the addresses given in this Agreement by first class registered post.

13. [Applicable Law]

This Agreement shall subject to the jurisdiction of [Applicable Law]


Signed By......................................................................(Director)
For and on behalf of the Company



Signed By.......................................................................(Director)



The Schedule

Title The Director shall be known as "The Director"

Date Of Commencement [Date]

Hours Of Work There are no fixed hours of work, however the total hours worked by the Director will not exceed those laid down in the Working Time Regulations - currently 48 hours/week.

Duties & Place Of Work The Director shall comply with the Powers & Duties set out in The Company Director published by the Institute Of Directors and shall under take the duties of a [Safety Engineer] in accordance with the practices laid down by the [Safety & Reliability Society].

The Director's employment shall be based at [Address] or at such other location as the Board may from time to time direct.

Remuneration The Director shall be paid not less than the National Minimum Wage - currently £3.60/hour - giving a total annualised amount of £9000 (48*52*£3.60 approx).

Sickness & Injury The Director shall not be entitled to any payments for sickness and injury other than as provided for by statute.

Pension The Director shall not be entitled to any pension.

Grievances Where grievances cannot be resolved between the Company and the Director they shall be referred to ACAS whose decision shall be binding on the parties.