We Are Fit Attitude Ltd
Statement of Main Terms of Employment
This Statement dated sets out the particulars of main terms of employment under which We Fit Attitude Ltd, Fairlee, Bucks Green, Rudgwick, Horsham, RH12 3JE (“the Company”) employs . There are no collective agreements affecting your terms and conditions of employment.
Any changes or amendments to these terms will be confirmed in writing within one month of them occurring.
Commencement Date
Your period of continuous employment begins on
Job Title & Responsibilities
You are employed as: Coach & Club Support Manager
You are employed as Coach & Club Support Manager (refer to appendix 1 for job roes). In addition to your main duties you will be required to carry out such other duties consistent with your position as the Company may from time to time require. The Company reserves the right to vary your duties from time to time according to the needs of the business.
Place of Work
Your normal place of work is at We Are Fit Attitude Ltd or at such other places in the United Kingdom as the Company may from time to time require.
Probationary Period
Your appointment will be subject to the satisfactory completion of a 3 months probationary period starting from the date you commenced work. The Company reserves the right to extend the period for such time as we consider appropriate. If such an extension is deemed necessary you will be advised in writing. Your employment may be terminated during or at the end of the probationary period in accordance with clause 11 below Pay
Your salary will be £13,000 per annum and will be electronically transferred into your bank account on the last day of the month. Payment is calculated on month basis.
The Company has the right to deduct from your pay any sum which you owe to the Company including, without limitation, any overpayment of pay, training, expenses, equipment or loans made to you by the Company, or any other item identified in this Statement and as being repayable by you to the Company.
Hours of Work
Your normal hours of work are 20 per week.
Every attempt will be made to ensure your continuing employment in the event that the Company is faced with a shortage of work or is unable to provide you with work for any other reason. This could include temporarily placing you on short-time working or terminating your contract; in these circumstances you will be paid for those hours worked, or in accordance with the statutory guarantee pay provisions.
Eligibility to work in the UK
Your employment is subject to the receipt of proof that you are eligible to work in the UK, satisfactory employment references and medical assessment.
Pension
The Company will comply with the Employer pension duties in accordance with Part 1 of the Pensions Act 2008. Where required, we will operate a contributory pension scheme into which you will be auto-enrolled. The scheme enables you to save for your retirement using your own money, together with tax relief and contributions from the Company.
Holiday Entitlement
Your annual holiday entitlement is 28 days (pro rata) in the complete holiday year which runs from 1st January to 31st December inclusive of bank/public holidays.
Given the nature of the business, bank/public holidays are considered by the Company to be part of your normal working week and therefore do not attract any additional payment. If a bank/public holiday falls on a day when you would not normally work, you are not entitled to any additional payment or time off in lieu.
You will accrue annual holidays on the basis of 1/12th of the annual entitlement for each month of service in the holiday year.
Payment for holidays will be at your normal rate of pay excluding non-guaranteed payments, for example, overtime.
All holidays must have prior approval and authorisation. Requests for holidays should be submitted to WAFA Founder, Anna Jenkins or Club & Operations Manager, Lorna at least 4 weeks prior to the start of the required holiday period. The Company will respond as soon as possible to your request for holiday. No responsibility will be accepted for any losses caused as a consequence of your failure to comply with this procedure.
Where too many employees require the same holiday period, which if granted would impair the efficiency of the business, holidays will be granted on the basis of first request, first granted.
Unused holiday entitlement cannot be carried forward into the next holiday year.
Upon termination of your employment, payment will normally be made for all unused accrued holiday entitlement. If you have taken more annual holiday entitlement than you have accrued during the holiday year, the balance will be deducted from any outstanding pay. Payment for holidays in these circumstances will be made on a pro-rata basis to your service in the current holiday year.
Sick Absence
For absence of 7 days or less you will be required to complete a self-certification notice by contacting WAFA Founder, Anna Jenkins or Cub & Operations Director, Lorna Moxham. Absences due to sickness of 8 days or more must be supported by a medical certificate. Statutory Sick Pay will be paid provided you comply with the qualifying conditions.
Notice
Your employment is subject to a three months probationary period, with the option for the Company to extend the trial period for up to a further three months.
During the probationary period of your employment you are required to give the Company 1 weeks’ notice to terminate your employment. After successful completion of your probationary period, you are required to give the Company 4 weeks’ notice.
You are entitled to receive the following periods of notice from the Company: After successful completion of probationary period but under 3 years’ continuous service – 2 weeks. Over 3 years’ continuous service – 1 week for each complete year of service to a maximum of 12 weeks after 12 years.
By mutual agreement, these notice periods may be waived.
The Company has the right to terminate your employment without notice or payment in lieu of notice in the event that you commit a fundamental breach of contract.
The Company reserves the right to require you not to carry out your duties or attend your place of work during the period of notice.
At the absolute discretion of the Company, a payment in lieu of working notice may be made. Disciplinary Procedure
The Company’s Rules and Disciplinary Procedures will follow the ACAS Code of practice for all disciplinary and grievance matter. It is your responsibility to familiarise yourself with these rules and procedures. During the first 24 months of your continuous service, the Company may terminate your employment without recourse, either in full or part, to the Disciplinary or Appeal Procedures.
Appeal Procedure
If you are dissatisfied with any disciplinary decision taken against you, you should raise this with WAFA Founder, Anna Jenkins.
Grievance Procedure
If you wish to raise any grievance relating to your employment, you should do so initially with your Manager. If the matter is not resolved at this stage, you may then raise the grievance with WAFA Founder, Anna Jenkins.
Other Employment
You are required to devote the whole of your time, attention and abilities during your hours of work to your duties with the Company and may not undertake any other work during this time.
You may not without the prior consent of the Company (which will not be unreasonably withheld) engage in any business or employment which is similar to or competitive with the business of the Company, or which could be considered to impair your ability to act at all times in the best interests of the Company, outside your hours of work for the Company.
If you do engage in any other employment, you must notify the Company in writing of hours worked elsewhere to enable the Company to comply with its statutory obligations.
Intellectual Property
You hereby assign to the Company all existing and future intellectual property rights (including, without limitation, patents, copyright and related rights) and inventions arising from the Services for the Company. You agree promptly to execute all documents and do all acts as may, in the opinion of the Company, be necessary to give effect to this clause.
You hereby irrevocably waive all moral rights under the Copyright, Designs and Patents Act 1988 (and all similar rights in other jurisdictions) which you have or will have in any existing or future works.
Non solicitation
During the Employment Term and for a period of 6 months after the Termination Date, the Employee will not, whether for his or her own account or for the account of any other Person (other than the Company or its direct or indirect subsidiaries), intentionally solicit, endeavour to entice away from the Company or its direct or indirect subsidiaries, or otherwise interfere with the relationship of the Company or its direct or indirect subsidiaries with, (a) any person who is employed by the Company or its direct or indirect subsidiaries (including any independent sales representatives or organisations), or (b) any clients of the Company or its direct or indirect subsidiaries.
Confidential information
As an employee you acknowledge that during your employment you shall have access to and use of Confidential Information.
You agree that you will not (other than in the proper course of your duties under this agreement), either during the Employment or at any time thereafter (unless authorised to do so by the Company in writing) directly or indirectly (i) use for your own benefit or the benefit of any third party or (ii) disclose or permit the disclosure of any Confidential Information.
You agree that you will at all times use your best endeavours to protect the Confidential Information and prevent the unlawful disclosure or publication of it.
Any data or documents (including copies) produced, maintained or stored on the Company’s computer systems or other electronic equipment or on your mobile phone or other devices belonging to you, remain the property of the Company. All such data must be deleted from your devices upon termination of this agreement.
Data Protection
The Company will collect and process information relating to you in accordance with the privacy notice which is annexed to this Agreement.
For the purposes of this clause, Data Protection Legislation includes the General Data Protection Regulation (EU) 2016/679) (GDPR) and any national implementing laws, regulations and secondary legislation including the Data Protection Act 2018 (DPA 2018) relating to data protection and privacy, as amended or updated from time to time, in the UK, as well as any successor legislation to the GDPR and Data Protection Act 1998.
You and the Company acknowledge that for the purposes of the Data Protection Legislation, the Company is the data controller and you are the data processor.
The schedule to this agreement sets out the scope, nature and purpose of the processing by you, the duration of the processing and the types of personal data (as defined in the Data Protection Legislation (Personal Data)) and categories of data subject.
You shall, in relation to any Personal Data processed:
Process that Personal Data only on written instructions of the Company
Keep the Personal Data confidential
Comply with the Company’s reasonable instructions with respect to processing Personal Data and with the Company’s privacy standard, data protection policy, data retention guidelines.
Assist the Company in responding to any data subject access request and to ensure compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, privacy impact assessments and consultations with supervisory authorities or regulators.
Notify the Company without undue delay on becoming aware of a Personal Data breach or communication which relates to your or the Company’s compliance with the Data Protection Legislation
At the written request of the Company, delete or return Personal Data and any copies thereof to the Company on termination of this agreement unless required by the Data Protection Legislation to store the Personal Data.
Maintain complete and accurate records and information to demonstrate compliance with this data protection clause.
You shall ensure that you have in place appropriate technical or organisational measures, reviewed and approved by the Company, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures. Such measures may include, where appropriate:
pseudonymising and encrypting Personal Data
ensuring confidentiality, integrity, availability and resilience of its systems and services
ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident
regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it.
You shall have personal liability for and shall indemnify the Company and for any loss, liability, costs (including legal costs), damages, or expenses resulting from any deliberate breach by you or a substitute engaged by you of the Data Protection Legislation, and shall maintain in force full and comprehensive insurance policies to cover such liability.
Health and Safety
Current Health & Safety legislation imposes upon you a legal duty to take reasonable care whilst at work for the Health and Safety of both yourself and others who may be affected by your actions. You must also comply with any rules and regulations made from time to time by the Company for the Health, Safety and Welfare of its employees.
Declaration
I confirm that I consent to the processing of my personal data by the Company during the course of my employment in any way necessary to maintain sufficient records in respect of my employment.
The provisions of the GDPR regulations 2018 will apply to any and all storage and processing of my personal data by the Company.
Acknowledgment
I acknowledge receipt of this contract which sets out the principal rules, policies and procedures relating to my employment.
Date:
Signed by the Employee
Employee Name
Signed on behalf of the Company
Anna Jenkins WAFA Founder
Appendix 1: Coach & Club Support Manager Job Role & Tasks
Coach & Club Support Manager Role & Tasks
Group Fitness Coach online and in the hall
Advance preparation of ‘Sweat & Strength’ classes to ensure smooth running of the class with clear instruction to meet the varying fitness levels and demands of the members.
Setting up the hall, teaching and class and tidying equipment away securely.
Post class check-ins via text using WAFA CRM system.
New Member Recruitment
Supporting Anna, WAFA Founder in:
Front-end sales to include, calling and conducting initial sales call with new applicants and existing unconverted database.
Post 3 month probation may then include:
Support member coaching calls with Anna
Client fulfilment of new and long-term members.
Supporting Lorna in managing new members.
Supporting internal communications.
Depending on capacity, tasks could include supporting:
Member events and challenges
Summer and Christmas party
Appendix 2: WAFA’s Privacy Notice for Employees, Workers and Contractors
What is the purpose of this document?We Are Fit Attitude Limited is committed to protecting the privacy and security of your personal information. This privacy notice describes how we collect and use personal information about you during and after your working relationship with us, in accordance with the General Data Protection Regulation (GDPR).
It applies to all employees, workers and contractors.
We Are Fit Attitude Limited is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.
This notice applies to current and former employees, workers and contractors. This notice does not form part of any contract of employment or other contract to provide services. We may update this notice at any time but if we do so, we will provide you with an updated copy of this notice as soon as reasonably practical.
It is important that you read and retain this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information and what your rights are under the data protection legislation.
Data protection principlesWe will comply with data protection law. This says that the personal information we hold about you must be:
Used lawfully, fairly and in a transparent way.
Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
Relevant to the purposes we have told you about and limited only to those purposes.
Accurate and kept up to date.
Kept only as long as necessary for the purposes we have told you about.
Kept securely.
The kind of information we hold about youPersonal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). There are certain types of more sensitive personal data which require a higher level of protection, such as information about a person’s health and sexual orientation. Information about criminal convictions also warrants this higher level of protection.
We will collect, store, and use the following categories of personal information about you:
Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
Date of birth.
Gender.
Next of kin and emergency contact information.
National Insurance number.
Bank account details, payroll records and tax status information.
Start date and, if different, the date of your continuous employment.
Leaving date and your reason for leaving.
Location of employment or workplace.
Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process).
Employment records (including job titles, work history, working hours, holidays, training records and professional memberships).
Compensation history.
Performance information.
Disciplinary and grievance information.
Information about your use of our information and communications systems.
Photographs and videos.
Results of HMRC employment status check, details of your interest in and connection with the intermediary through which your services are supplied.
We may also collect, store and use the following more sensitive types of personal information:
Information about your health, including any medical condition, health and sickness records, including:
details of any absences (other than holidays) from work including time on statutory parental leave and sick leave; and
where you leave employment and the reason for leaving is related to your health, information about that condition needed for pensions and permanent health insurance purposes.
How is your personal information collected?
We collect personal information about employees, workers and contactors through the application and recruitment process, either directly from candidates or sometimes from an employment agency or background check provider. We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies.
We will collect additional personal information in the course of job-related activities throughout the period of you working for us.
How we will use information about you
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
Where we need to perform the contract we have entered into with you.
Where we need to comply with a legal obligation.
Where it is necessary for legitimate interests pursued by us or a third party and your interests and fundamental rights do not override those interests.
We may also use your personal information in the following situations, which are likely to be rare:
Where we need to protect your interests (or someone else’s interests).
Where it is needed in the public interest [or for official purposes].
Situations in which we will use your personal information
We need all the categories of information in the list above primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. In some cases we may use your personal information to pursue legitimate interests, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.
Making a decision about your recruitment or appointment.
Determining the terms on which you work for us.
Checking you are legally entitled to work in the UK.
Paying you and, if you are an employee or deemed employee for tax purposes, deducting tax and National Insurance contributions (NICs).
Administering the contract we have entered into with you.
Business management and planning, including accounting and auditing.
Conducting performance reviews, managing performance and determining performance requirements.
Making decisions about salary reviews and compensation.
Assessing qualifications for a particular job or task, including decisions about promotions.
Gathering evidence for possible grievance or disciplinary hearings.
Making decisions about your continued employment or engagement.
Making arrangements for the termination of our working relationship.
Education, training and development requirements.
Dealing with legal disputes involving you, or other employees, workers and contractors, including accidents at work.
Ascertaining your fitness to work.
Managing sickness absence.
Complying with health and safety obligations.
To prevent fraud.
Equal opportunities monitoring.
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
If you fail to provide personal information
If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).
Change of purpose
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
How we use particularly sensitive personal information
“Special categories” of particularly sensitive personal information, such as information about your health, require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data. We may process special categories of personal information in the following circumstances:
In limited circumstances, with your explicit written consent.
Where we need to carry out our legal obligations or exercise rights in connection with employment.
Where it is needed in the public interest, such as for equal opportunities monitoring.
Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else's interests) and you are not capable of giving your consent, or where you have already made the information public.
Situations in which we will use your sensitive personal information
In general, we will not process particularly sensitive personal information about you unless it is necessary for performing or exercising obligations or rights in connection with employment. On rare occasions, there may be other reasons for processing, such as it is in the public interest to do so. The situations in which we will process your particularly sensitive personal information are listed below.
We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits including statutory maternity pay, statutory sick pay, pensions and permanent health insurance. We need to process this information to exercise rights and perform obligations in connection with your employment.
We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.
Do we need your consent?
We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
Information about criminal convictions
We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy.
We do not envisage that we will hold information about criminal convictions.
Automated decision-making
Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:
i. Where we have notified you of the decision and given you 21 days to request a reconsideration.
ii. Where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights.
iii. In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.
If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
Data sharing
We may have to share your data with third parties, including third-party service providers.We require third parties to respect the security of your data and to treat it in accordance with the law.
We may transfer your personal information outside the UK.
If we do, you can expect a similar degree of protection in respect of your personal information.Why might you share my personal information with third parties? We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.
Which third-party service providers process my personal information?
“Third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group. The following activities are carried out by third-party service providers: IT services.
How secure is my information with third-party service providers?
All our third-party service providers are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions. What about other third parties?We may need to share your personal information with a regulator or to otherwise comply with the law. This may include making returns to HMRC.
Data security
We have put in place measures to protect the security of your information. Details of these measures are available upon request.
Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained from Anna Jenkins.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
Data retention
How long will you use my information for?
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer an employee, worker or contractor of the company we will retain and securely destroy your personal information in accordance with applicable laws and regulations.
Rights of access, correction, erasure, and restriction
Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.
Your rights in connection with personal information.
Under certain circumstances, by law you have the right to:
Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it. Request the transfer of your personal information to another party.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact Anna Jenkins in writing.
No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Right to withdraw consent
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact Anna Jenkins. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
Data protection officer
We have appointed a data protection officer (DPO) to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the DPO at anna@wearefitattitude.com. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.
Changes to this privacy notice
We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.If you have any questions about this privacy notice, please contact Anna Jenkins at anna@wearefitattitude.com.
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