Statement of Terms & Conditions
of Employment
Statement of Terms and Conditions
of Employment
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Between:
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Macrospace Ltd. (“the
Company”), a subsidiary of Sorrent, Inc;
and
Kristian Segerstrale, 46 Park Mansions, South Lambeth Rd., London
SW8 1TW (“the Employee”).
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1.
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Introduction
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This statement sets out the
principal terms and conditions applying to your employment with the
Company, including all particulars required to be given to you in
writing under the Employment Rights Act 1996. The effective date of
this Agreement will be the closing date of Sorrent, Inc.’s
acquisition of the Company.
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2.
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Commencement of
Employment
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2.1
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Your employment with the Company
commences on the effective date as defined in clause 1 and for the
purposes of the Employment Rights Act 1996 it is acknowledged that
no employment with any previous employer other than the Company
counts as part of your continuous period of employment with the
Company.
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2.2
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Your employment with the Company is
conditional on:
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providing the Company with any
documents it requires to establish your right to work lawfully in
the UK.
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disclosure of any criminal
convictions which are not spent.
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If
you fail to produce the required documentation on request, then the
Company may terminate your employment without notice or a payment
in lieu of notice.
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3.
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Job Title
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3.1
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Your job title is Vice President of
Production, Macrospace Ltd. reporting to Robert Nashak or such
person as may be authorized by the Company and notified to you.
Your main duties are as set out in the separate job description.
You will be required to carry out all additional duties that are
within the context of your job title.
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3.2
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In
addition or as an alternative to your normal duties you may from
time to time be required to undertake on a temporary or permanent
basis other duties within any department of the Company that are
reasonably consistent with your position and within your
capabilities as the needs of the Company’s business may
require.
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3.3
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You
are not authorised to bind the Company or any other Group Company
in any contract for the sale or provision of services or products
by them nor are you
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authorised to enter into lease
agreements, loans or other forms of borrowing on behalf of the
Company or any other Group Company.
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3.4
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As
a term of your employment you are required to comply with any
export regulations that apply to the Company or any Group
company.
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4.
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Hours of Work
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4.1
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Your normal hours of work are 40
hours per week, Monday to Friday with a one hour break each day for
lunch. You will be required to work outside these hours as may be
necessary for the proper performance of your duties. You are not
entitled to overtime payment or time off in lieu of hours worked
outside your normal hours. Lunch breaks and other breaks provided
to you will not constitute working time.
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4.2
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You
agree to work such hours over 48 hours per week as are required to
carry out your duties. You therefore give consent to waive your
right under the Working Time Regulations 1998 to have your working
time limited to an average of 48 hours per week over the reference
period as it may be defined from time to time. You further agree
that, in the event you wish to withdraw your consent given in this
sub clause, you will give to the Company three months written
notice of the withdrawal of consent.
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5.
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Place of work
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Your employment will be based at
Priory House, 6 Wrights Lane, London W8 6TA, United Kingdom. The
Company may reasonably require you to carry out your duties on a
temporary or permanent basis from other locations within central
London. You may be requested to work outside of the United Kingdom
from time to time. You will in good faith discuss and negotiate the
terms and conditions of such assignment.
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6.
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Remuneration
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6.1
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Your basic salary will be ninety
thousand (90,000) Pounds Sterling gross in cash per annum subject
to all normal deductions. Your salary will be paid monthly in
arrears directly into your bank account.
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6.2
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You
will be eligible for a cash bonus of up to 20% of your annual
salary, paid pro-rata on a quarterly basis. Bonus payments will be
based on the Company’s performance as well as your individual
performance, in accordance with the executive bonus plan approved
by Sorrent Inc.’s compensation committee as modified from
time to time.
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6.3
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Without prejudice to any other
rights open to the Company, you agree that the Company may deduct
from any wages due to you, sums representing the value of any
Company property lost by you; the cost of repairing any Company
property damaged by you or damaged as a consequence of negligence
on your part; the amount of any outstanding loans or advances made
to you by the Company; any other sums owing from you to the
Company; any overpayment of salary, variable compensation such as
bonuses or expenses; or payment made to you by mistake or through
misrepresentation; and any other sums authorised to be deducted by
Section 13 of the Employment Rights Act 1996.
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7.
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Benefits
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At
its discretion and subject to your meeting any conditions of
eligibility, the Company will contribute to or provide you with
health insurance coverage. Details will be provided to you
following commencement of employment.
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The
Company may in its discretion withdraw or amend any particular plan
or scheme which has been introduced or substitute it with such
other plans or schemes as it considers fit whether such substitute
plans or schemes provide equivalent benefits or not. Your
participation in these schemes is a benefit in respect of which you
may be liable to pay income tax and you should seek personal tax
advice if you are unsure of their impact.
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The
Company reserves the right to terminate your employment at any time
during your absence from work even though your entitlement to
benefits under medical insurance policies may not have been
exhausted at the time of giving notice or of
termination.
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8.
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Pension
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The
Company will nominate a Stakeholder Pension Scheme to which you may
contribute.
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9.
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Holiday entitlement
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9.1
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The
Company’s holiday year runs from 1 st January to 31
st
December.
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9.2
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You
are entitled to 20 working days’ holiday per holiday year in
addition to 8 public holidays. Holiday pay is based on your current
basic rate of salary.
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9.3
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If
you start or leave your employment during a holiday year your
holiday entitlement for that holiday year will be prorated and is
deemed to accrue at the rate of 1.6666 days holiday per
complete calendar month worked.
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9.4
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Holiday not taken during the holiday
year cannot be carried forward to the following holiday year
(without prior authorisation) and no payment in lieu of untaken
holiday will be made.
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9.5
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On
leaving the Company, you will be entitled to holiday pay in respect
of any accrued holiday entitlement which you have not taken except
where you have been summarily dismissed or leave without giving due
notice to the Company. If at the time of leaving you have taken
holiday in excess of your accrued entitlement the Company will
deduct from your final salary the excess holiday pay that you have
received. The Company reserves the right to require you to take,
during your notice period, any holiday entitlement which will have
accrued to you by the date of termination of your employment, which
you have not yet taken.
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9.6
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Holidays must be taken at times
convenient to the Company and must be approved in advance. In
particular, except where otherwise agreed you may not take more
than 10 consecutive working days as holiday.
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10.
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Absence due to sickness or
injury
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10.1
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If
you are unable to attend work due to sickness or injury you must
notify the Company as early as possible on the first day of
absence. You should keep your manager regularly informed of your
condition and the likely date of your return to work.
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10.2
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You
will be required to complete a self-certification form on your
return to work from any absence of up to 7 days (including non
working days). If your absence exceeds 7 consecutive days you must
provide the Company with a doctor’s certificate as soon as
possible after the seventh day of absence. You must provide further
doctor’s certificates to the Company as necessary to cover
the full period of your continued absence.
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10.3
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You
may be required to undergo a medical examination by a doctor of the
Company’s choice during or after any period of absence from
work due to 40 sickness or injury or at any time deemed necessary
by the Company during your employment. You also authorise your own
doctor to provide the Company’s doctor and/or independent
medical practitioner with any relevant extracts from your medical
notes. This clause is without prejudice to your statutory rights,
(including your rights under the Access to Medical Reports Act
1988).
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11.
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Sick Pay
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You
will receive Statutory Sick Pay (SSP) for periods of illness
in accordance with statute. The Company reserves the right to
terminate your employment in accordance with clause
12.4(g).
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12.
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Termination of
Employment
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12.1
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You
will be entitled to receive 4 week’s notice in writing
from the Company of the termination of your employment or the
Statutory minimum whichever is greater.
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12.2
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You
will be required to give 4 week’s notice in writing if
you wish to terminate your employment.
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12.3
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Nothing in this clause shall prevent
the Company from terminating your employment without notice or
salary in lieu of notice in the event of gross misconduct or in
other appropriate circumstances.
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12.4
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Without limiting the provisions of
clause 12.3, the Company may, by written notice, terminate your
employment immediately :
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(a)
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if
you have not performed your duties under this Agreement to the
standard required by your line manager; or
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(b)
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if
you commit a serious breach or persistently breach your obligations
under this Agreement; or
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(c)
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if
you fail to comply with a lawful instruction given to you by your
line manager; or
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(d)
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if
you conduct yourself in such a way, whether in connection with your
employment under this Agreement or otherwise, which may, in the
opinion of the board of the Company, be harmful to the interests or
reputation of the Company or the Group; or
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(e)
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if
you become of unsound mind, are made bankrupt or otherwise
insolvent
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(f)
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if
you are convicted of a criminal offence other than a motoring
offence; or
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(g)
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if
you are unable to perform your duties of employment for a period or
periods exceeding 90 days in aggregate as a result of sickness or
injury.
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You
will not be entitled to damages or any other remedy from the
Company in the event that your employment is terminated in
accordance with this clause 12.4 or in accordance with clause
12.3.
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12.5
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The
Company may make a payment in lieu of notice should it so wish.
This payment will subject to the usual statutory deductions.
Whether a payment in lieu of notice is made or not is at the
complete discretion of the Company. The Company is not under an
obligation to make a payment in lieu of notice and if it fails to
do so (especially in circumstances leading to a summary dismissal),
any claim you may have will be subject to your duty to take
reasonable steps to mitigate your loss.
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12.6
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Once notice of termination has been
given by either you or the Company, the Compan
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