Employer: Cushman & Wakefield Debenham Tie Leung Limited ("Employer")
Name of Employee: John Forrester
Role: Global President, Cushman & Wakefield
Start Date: 31 December 2018
Location: 43/45 Portman Square, London, W1A 3BG
Continuous Service Date: 30 August 1988
This contract contains a statement of the particulars of your employment as required by section 1 of the Employment Rights Act 1996.
During your employment under this Agreement, you will:
perform the role defined above or such other role of equivalent status as the Employer may reasonably require;
comply with all reasonable requests and instructions given or made by your line manager and keep them regularly informed and promptly provide such explanations, information and assistance as to your activities or the business of the Employer and any Associated Employer as may be reasonably required ;
devote the whole of your time, attention and ability during normal working hours to your duties under this Agreement; and
faithfully and loyally serve the Employer to the best of your ability and use your utmost endeavours to promote its interests and those of the Associated Companies in all respects.
Your normal working hours will be from 9 am to 5 pm Monday to Friday including a one hour unpaid lunch break, together with such additional hours (without additional remuneration} as may be necessary for the proper performance of your duties.
You agree that the maximum weekly working time as set out in regulation 4 of the Working Time Regulations 1998 does not apply in relation to your employment. This agreement will apply indefinitely subject to your right to withdraw your agreement on providing three months' written notice.
Your normal place of work is as stated above or such other place within a reasonable commuting distance of your home address which the Employer may reasonably require for the proper performance and exercise of your duties.
You may be required to travel anywhere within the UK or overseas as is necessary for the proper performance and exercise of your duties. However, unless expressly agreed otherwise, you will not be required to work outside the UK for any continuous period of more than one month.
Your basic salary is based on an annual salary of £465,000 per annum (inclusive of any fees due to you from the Employer), accruing from day to day. Your salary is payable in arrears in monthly Instalments by direct credit transfer into your bank or building society account.
You will be paid on the 27th of each month (or on the working day before if it falls over a weekend or a UK public holiday). Although the Employer will do its best to ensure that your salary is paid on time, it will not be responsible if it fs paid late because of bank transfer delays. Further, the Employer reserves the right to change your pay date on reasonable notice and you will be notified of any change in writing.
Your basic salary will be reviewed annually and you will be notified in writing of any change to your salary. The Employer will not be obliged to increase your salary on any such salary review. There will be no review of your basic salary after notice has been given by either party to terminate your employment.
The Employer may, in its absolute discretion, pay you a bonus of such amount, if any, as the Employer may determine having regard to the performance of the Employer, and of the part of the business in which you work, and to your individual performance and contribution to the same, provided that:
Upon the termination of your employment under this Agreement for whatever reason, or upon the Employer's exercise of its rights under clause 23 at any time after notice of termination has been given under clause 22.1, you must deliver up to the Employer all keys, passes, laptops and computer equipment (including any computer discs or memory sticks), mobile phones, smartphones and other devices, credit cards, correspondence, documents, specifications, reports, papers, records, client lists and any confidential information (on whatever media and wherever located) and all copies of them and any other property belonging to the Employer or any Associated Employer which may be in your possession or under your control.
WARRANTIES AND CONDITIONS
By signing this Agreement you warrant that:
you have the right to live in the UK and to work for the Employer in the UK, and acknowledge that your continued employment with the Employer is conditional on you complying with the obligations set out in clause 28 and retaining the right to remain lawfully in the UK and to work for the Employer in the UK;
by entering into this Agreement you will not be in breach of any agreements with or obligations owed to any third party;
you have not, and will not, bring a prior employer's confidential, proprietary, or trade secret information, whether in paper or electronic form, to the Employer, nor use such information in the course of your duties on behalf of the Employer; and
save as disclosed in writing to the Employer's General Counsel prior to the signing of this Agreement, within the last 12 years, you have not been the subject of any formal inquiry, investigation or proceedings in respect of any claim for professional negligence that has resulted in, or may result in the payment of any damages to a third party and that you are not aware of any such inquiry, investigation or proceedings pending at the date of this Agreement. You shall immediately notify the Employer if you become aware of, or are subject to, any such inquiry, investigation or proceedings which may result in such payment.
This contract of employment is subject to the accuracy and validity of any statements made or references supplied by you to the Employer and of your declarations, qualifications and accreditations set out in your CV or application form, and may be terminated by the Employer with immediate effect if any statements, declarations, references, qualifications or accreditations are determined to be inaccurate or invalid.
The Employer is obliged, pursuant to the requirements of the Immigration, Asylum and Nationality Act 2006 (the "2006 Act"), to check that each of its employees has the right to work in the UK. The Employer has a duty to carry out document checks on all employees before they commence employment to ensure that they have the right to work in the UK and for all employees hired on or after 29 February 2008, the Employer has an ongoing legal obligation to check the immigration status of non-EEA (European Economic Union) workers who have limited leave to remain in the UK at least once every 12 months. Accordingly:
you are required to provide evidence of your right to work in the UK prior to the commencement of employment;
you undertake to provide on request, and if necessary at least once in every 12 month period, your original passport and other satisfactory documentary evidence of your right to work in the UK. You acknowledge that your continuing employment with the Employer is conditional on compliance with this obligation and other duties under this clause, and failure to comply to the Employer's satisfaction may result in disciplinary action under the Employer's Disciplinary Procedure;
it is your responsibility to inform the Employer immediately if your restricted right to work in the UK ceases, or is reasonably expected to cease during your employment, and to immediately provide the Employer with written details of changes to your personal circumstances that might affect your immigration permission: and
it is your responsibility to notify the Employer in writing within five working days of any changes to your home address and phone number (including mobile phone number, if you have one). You must also provide the Employer with up-to-date details of your next of kin. For these purposes, you should be aware that the Employer needs to maintain a history of your contact details, not just your current details.
Failure to observe these obligations may lead to disciplinary action being taken against you under the
Employer's Disciplinary Procedure. The Employer has a right to terminate your employment with immediate
effect, without notice or any payment in lieu of notice, if you lose your right to work in the UK.
You acknowledge that the provisions of this Schedule constitute severable undertakings given for the benefit of the Employer and each Associated Employer and may be enforced by the Employer on behalf of all or any of them.
If any of the restrictions or obligations contained in this Schedule is held not to be valid on the basis that it exceeds what Is reasonable for the protection of the goodwill and interests of the Employer and any Associated Employer but would be valid if part of the wording were deleted then such restriction or obligation shall apply with such deletions as may be necessary to make it enforceable.
In this Schedule:
"Business" means the business or businesses of the Employer or any Associated Employer in or with which you have been involved or concerned at any time during the period of 12 months prior to the Relevant Date;
"Capacity as agent, consultant, director, employee, owner, partner, shareholder or in any other capacity;
"Directly or Indirectly" means you acting either alone or jointly with or on behalf of or by means of any other person, firm or Employer whether as principal, partner, manager, employee, contractor, director, consultant, Investor or otherwise;
"FCN means the Financial Conduct Authority (and its successors)
"Key Personnel" means any person with whom you had dealings other than in minimal or non-material way when employed by the Employer who is at the Relevant Date or was at any time during the period of 12 months prior to the Relevant Date employed by or engaged in the Business and who by reason of their employment or engagement and in particular their seniority and expertise, or knowledge of Confidential Information, or knowledge or influence over any Relevant Client or Prospective Client is likely materially to be able to assist or to benefit a business In or proposing to be in competition with the Employer or any Associated Employer;
"Prospective Client" means any person, firm or Employer to whom or which at any time during the period of 6 months prior to the Relevant Date the Employer or any Associated Employer was actively and directly seeking to supply services for the purposes of the Business and with whom or which you had dealings other than in a minimal and non-material way at any time during the said period;
"Relevant Client" means any person, firm or Employer who or that at any time during the period of 12 months prior to the Relevant Date is or was a client of the Employer or any Associated Employer or was in the habit of dealing under contract with the Employer or any Associated Employer and with whom or which you had dealings other than in a minimal and non-material way at any time during that period;
"Relevant Date" means the earlier of the Termination Date and the date on which any period of suspension or exclusion under clause 23.1(a) begins;
"Relevant Period" means the period of 6 months from the Termination Date, reduced by any period immediately prior to the Termination Date during which you have been suspended or excluded pursuant to clause 23; and
"Termination Date" means the date on which your employment with the Employer terminates however caused.
Signed /s/ Rupert Hudspith
Dated 28th December 2018
Head of Human Resources; EMEA
On behalf of Cushman & Wakefield Debenham Tie Leung limited
I agree to the terms and conditions set out in this Agreement.
Signed /s/ John Forrester
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