Exhibit 10.82


 


Andrew Phillipps


 


21 September 2004


 


Dear Andrew


 


TERMS AND CONDITIONS OF EMPLOYMENT


 


The following Terms and Conditions of Employment apply
to your employment with Active Hotels Limited (“the Company”) as at the date of
issue.  They are given to you pursuant to
s.1 Employment Rights Act 1996.


 


1.             Date of Commencement


 


Your employment under this Contract
commenced on 21 September 2004 and will continue until terminated in
accordance with paragraph 15 below.  Your
period of continuous employment with
the Company commenced on 1 October 1999.


 


2.             Duties


 


2.1           You are employed as a Chief
Executive Officer in which capacity during working hours you shall devote all
your time, attention and skill to your duties of employment. You shall
faithfully and diligently perform such duties and exercise such powers
consistent with them as may from time to time be assigned to you by the
Company.


 


2.2           You will perform all acts,
duties and obligations and comply with such orders as may be designated by the
Company and which are reasonably consistent with your job title. The Company
may require you to undertake the duties of another position, either in addition
to or instead of the above duties, it being understood that you will not be
required to perform duties which are not reasonably within your capabilities.


 


2.3           You shall obey the
reasonable and lawful orders of the Board, given by or with the authority of
the Board, and shall comply with all the Company’s rules, regulations, policies
and procedures from time to time in force.


 


2.4           The Company may require you
(as part of your duties of employment) to perform duties or services not only
for the Company but also for any Associated Company where such duties or
services are of a similar status to or consistent with your position with the
Company.  The Company may at its sole
discretion assign your employment to any Associated Company on the same terms
and conditions as set out, or referred to, in this letter.


 


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3.             Hours of Work


 


3.1           Normal working hours are
Monday to Friday 9.00am to 5.00pm including one hour for lunch.  However, the Company reserves the right to
change your start and finish times and the days upon which you work.


 


3.2           You may also be required to
work additional hours by way of overtime either as and when requested to do so
by the Company or when the proper performance of your work so requires.  You will not be entitled to be paid extra
remuneration for any such additional hours worked in excess of your basic
weekly hours.


 


4.             Place of Work


 


4.1           Your place of work is the
Company’s premises located at Cambridge, England, with occasional work to be
carried out in London, England. However you may be required to work at any
other premises which the Company currently has or may later acquire in the
United Kingdom.


 


4.2           You may also be required to
undertake reasonable levels of travel within the UK and abroad for the
performance of your duties.


 


5.             Remuneration, Expenses and Deductions


 


5.1           Your basic salary is £110,000 per annum (or such higher sum as the
Company may subsequently determine and notify to you) payable by credit
transfer monthly in arrears, less tax and NI contributions. Although the Company will review your basic
salary annually, you have no entitlement to a salary increase in any year.


 


5.2           You will be paid or
reimbursed for any reasonable expenses properly incurred by you while
performing your duties on behalf of the Company, subject to your producing
receipts in respect of such expenses when requested by the Company, and subject
to your compliance with the Company’s rules and policies relating to
expenses.


 


5.3           The Company shall be
entitled at any time during your employment, or in any event on termination, to
deduct from your remuneration hereunder any monies properly due from you to the
Company including but not limited to any outstanding loans, advances, relocation expenses, training costs,
the cost of repairing any damage or loss to the Company’s property caused by
you (and of recovering the same), any sums due from you under paragraph 6.2
below and any other monies owed by you to the Company.


 


5.4           The Executive shall also be
entitled to receive by way of further remuneration a bonus of up to £40,000 per
annum subject to reasonable performance targets being met and calculated in
accordance with a formula to be set in advance and decided upon at the sole
discretion of the Board, following discussion with the Executive.  The bonus entitlement, calculation and
payment thereof shall be agreed on a six monthly basis.


 


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6.             Holidays


 


6.1           In addition to the Public
holidays normally applicable in England, you are also entitled to 25 working
days’ paid holiday in each complete calendar year.  The Company’s holiday year is from 1 January to
31 December.


 


6.2           On the commencement and
termination of your employment, you will be treated as having accrued holiday
on a pro rata basis of 2 days’
holiday for each complete month of service in that holiday year calculated by
reference to your first or last date at work (as appropriate).  If, on the termination of your employment,
you have exceeded your accrued holiday entitlement, this excess will be
deducted from any sums due to you.  If
you have holiday entitlement still owing the Company may, at its sole
discretion, require you to take all or part of your outstanding holiday during
your notice period or to pay you a sum in lieu of accrued holiday.


 


6.3           You must obtain the prior
approval of the Board before booking holiday dates.  Not more than two weeks may be taken at any
one time, save at the Board’s discretion.


 


6.4           Holiday entitlement for one
holiday year must be taken in the same holiday year.  Failure to do so will result in
forfeiture of any such accrued holiday not taken unless you obtain prior
consent from the Board for excess holiday to be carried over to the following
holiday year.  In that case, any
rolled-over holiday undertaken by 31 March of the following year, shall be
forfeited.


 


7.             Sickness


 


7.1           If you are absent from work
due to sickness or other medical incapacity, the Company will continue to pay
your normal salary (“Company sick pay”) up to a maximum of 130 working days
(whether consecutive or not) if any period of 12 consecutive months.  Thereafter you shall continue to be paid
Company Sick pay or salary only at the discretion of the Board.


 


7.2           Company sick pay is
inclusive of any Statutory Sick Pay (“SSP”) to which you may be entitled, and
will be based on your normal salary less any State benefits claimable by you on
account of your sickness or injury, less normal deductions for tax and NI
contributions etc.


 


7.3           After your Company sick pay
is exhausted, you will continue to receive SSP when you qualify for it under
the prevailing legislation.  Where
Company sick pay and SSP are payable for the same day of sickness, you will
receive the higher of the two sums. 
Further details of the SSP Scheme are available from the HR Department.


 


7.4           In all cases of absence you
must notify the Company on the first morning of your absence, giving the reason
for the absence and its anticipated duration. 
If you are sick or otherwise medically incapacitated for more than seven
consecutive days, then a medical certificate (signed by a doctor) must be
produced to the Company.  Thereafter
medical certificates should be submitted regularly to cover the full period of
absence.  On each occasion a medical
certificate expires and you do not anticipate you will be returning to work,
you must notify the Company on the first morning following the expiry of the
medical certificate.


 


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7.5           You are also required to
complete the Company’s Absence Notification Form for all absences
(regardless of duration) and submit it to the HR Department.


 


7.6           The Company reserves the
right to require you to undergo a medical examination by a doctor or consultant
nominated by it, in which event the Company will bear the cost thereof.


 


7.7           Your entitlement to Company
sick pay and SSP are subject to the Company’s right to terminate your
employment in accordance with paragraph 16 below and the Company shall not be
liable to provide, or compensate for the loss of, such benefit(s).


 


8.             Pension and other benefits


 


The Company
does not operate an occupational pension scheme in respect of your employment
and there is therefore no contracting-out certificate in force in relation to
the State Earnings Related Pensions Scheme.


 


9.             Confidential Information


 


9.1           You shall neither during
your employment (except in the proper performance of your duties) nor at any
time (without limit) after its termination directly or indirectly


 


(a)           use for your own purposes
or those of any other person, company, business entity or other organisation
whatsoever; or


 


(b)           disclose to any person,
company, business entity or other organisation whatsoever;


 


any trade secrets or confidential
information relating or belonging to the Company or any of its Associated
Companies including but not limited to any such information relating to customers,
customer lists or requirements, price lists or pricing structures, marketing
and sales information, business plans or dealings, employees or officers,
financial information and plans, designs, formulae, product lines, prototypes,
services, research activities, source codes and computer systems, software, any
document marked “Confidential” (or with a similar expression), or any
information which you have been told is confidential or which you might
reasonably expect the Company would regard as confidential, or any information
which has been given to the Company or any Associated Company in confidence by
customers, suppliers and other persons.


 


9.2           You shall not at any time
during the continuance of your employment with the Company make any notes or
memoranda relating to any matter within the scope of the Company’s or any
Associated Company’s business, dealings or affairs otherwise than for the
benefit of the Company or any Associated Company.


 


9.3           The obligations contained
in paragraph 9.1 shall not apply to any disclosures required by law, and shall
cease to apply to any information or knowledge which may subsequently come into
the public domain after the termination of your employment, other than by way
of unauthorised disclosure.


 


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10.           Exclusivity of Service


 


10.1         You are required to devote your full time, attention and abilities
to your job duties during working hours, and to act in the best interests of
the Company and its Associated
Companies at all times.


 


10.2         You must not, without the
written consent of the Company, in any way directly or indirectly (i) be
engaged or employed in, or (ii) concerned with (in any capacity
whatsoever) or (iii) provide services to, any other business or
organisation where this is, or is likely to be, in conflict with the interests
of the Company or its Associated
Companies or where this may adversely affect the efficient discharge of
your duties. However this does not preclude your holding up to 5% of any class of securities in any
company which is quoted on a recognised Stock Exchange.


 


11.           Receipt of Payments and Benefits from Third Parties


 


Subject to any written regulations issued
by the Company which may be applicable, neither you nor your Immediate
Relatives, nor any company or business entity in which you or they have an
interest, are entitled to receive or obtain directly or indirectly any payment,
discount, rebate, commission or other benefit from third parties in respect of
any business transacted (whether or not by you) by or on behalf of the Company
or any Associated Company and if you, your Immediate Relatives or any company
or business entity in which you or they have an interest, directly or
indirectly obtain any such payment, discount, rebate, commission or other
benefit you will forthwith account to the Company or the relevant Associated
Company for the amount received or the value of the benefit so obtained.


 


12.           Copyright, Inventions and Patents


 


12.1         All records, documents,
papers (including copies and summaries thereof) and other copyright protected
works made or acquired by you in the course of your employment shall, together
with all the worldwide copyright and design rights in all such works, be and at
all times remain the absolute property of the Company.


 


12.2         You hereby irrevocably and
unconditionally waive all rights granted by Chapter IV of Part I of the
Copyright, Designs and Patents Act 1988 that vest in you (whether before, on or
after the date hereof) in connection with your authorship of any copyright
works in the course of your employment with the Company, wherever in the world
enforceable, including without limitation the right to be identified as the
author of any such works and the right not to have any such works subjected to
derogatory treatment.


 


12.3         You and the Company
acknowledge the provisions of Sections 39 to 42 of the Patents Act 1977 (“the
Act”) relating to the ownership of employees’ inventions and the compensation
of employees for certain inventions respectively.  If you make any inventions that do not belong
to the Company under the Act, you agree that you will forthwith license or
assign (as determined by the Company) to the Company your rights in relation to
such inventions and will deliver to the Company all documents and other
materials relating to them.  The Company
will pay to you such


 


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compensation for the licence or assignment
as the Company will determine in its absolute discretion, subject to Section 40
of the Act.


 


13.           Disciplinary/Grievance Procedure


 


13.1         If you are unhappy about any
aspect of your employment with the Company you should raise the matter at first
instance with a member of the Board.  If you are still unhappy you should take up
the grievance with the entire Board whose
decision shall be final within the Company.


 


13.2         A copy of the disciplinary
procedure relating to your employment can be obtained from the HR department.


 


14.           Collective Agreements 


 


There are no
collective agreements applicable to your employment.


 


15.           Termination of Employment


 


15.1         Subject to paragraphs 15.2
and 15.3 below, your contract of employment is terminable by 6 months written
notice of termination from either party to the other.


 


15.2         The Company reserves the right to terminate your contract without
notice, or pay in lieu of notice, if it has reasonable grounds to believe you
are guilty of gross misconduct, gross negligence or in material breach of one
of the terms of your employment. Examples of gross misconduct can be obtained from the HR Department.


 


15.3         Your employment with the
Company will terminate automatically and by mutual consent on the date upon
which you reach the age of 60, which is the normal retirement age within the
Company.


 


15.4         You agree that the Company
may at its absolute discretion make a payment or payments representing salary
in lieu of any notice of termination of employment which you or the Company is
required to give.  For the avoidance of
doubt, such payment or payments shall be less deductions for tax and NI
contributions and shall include the value of any benefits, bonus/incentive,
commission, or holiday entitlement which would have accrued to you had you been
employed until the expiry of your notice
entitlement under Clause 15.1 above.


 


15.5         The Company reserves the
right to require you not to attend at work and/or not to undertake all or any
of your duties of employment during any period of notice (whether given by you
or the Company), provided always that the Company shall continue to pay your
basic salary and contractual benefits whilst you remain employed by the
Company.


 


15.6         On termination of your
employment, you must immediately return to the Company in accordance with its
instructions all equipment, correspondence, records, specifications, software,
disks, models, notes, reports and other documents and any copies thereof and
any other property belonging to the Company or its Associated


 


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Companies (including but not limited to the
Company car, keys, credit cards, equipment and passes) which are in your
possession or under your control.  You
must, if so required by the Company, confirm in writing that you have complied
with your obligations under this paragraph 15.6.


 


15.7         The Company shall have the
right to suspend you on full pay and benefits pending any investigation into
potential dishonesty, gross misconduct or other circumstances which (if proved)
would entitle the Company to dismiss you summarily.


 


16.           Restrictions on Termination of Employment


 


16.1         You hereby agree that you
shall not (without the prior consent in writing of the Company) for a period of
6 months immediately following the Relevant Date within the UK and whether on
your own behalf or in conjunction with or on behalf of any other person, firm,
company or other organisation, (and whether as an employee, director,
principal, agent, consultant or in any other capacity whatsoever), in
competition with the Company directly or indirectly (a) be employed or
engaged in, or (b) perform services in respect of, or (c) be
otherwise concerned with:-


 


	
  16.1.1

  	
   

  	
  the research into, development or provision of any
  online or call centre accommodation booking or reservation services
  (including but not limited to technical and product support, or consultancy
  or customer services); and

  
	
   

  	
   

  	
   

  
	
  16.1.2

  	
   

  	
  the research into, development or provision of any
  services (including but not limited to technical and product support, or
  consultancy or customer services) which are of the same or similar type to
  any services provided by the Company during the 12 months preceding the Relevant Date PROVIDED ALWAYS that the
  provisions of this paragraph 16.1.2 shall apply only in respect of services
  with which you were either personally concerned or for which you were
  responsible whilst employed by the Company during the 12 months immediately
  preceding the Relevant Date

  



 


PROVIDED THAT
this paragraph 16.1 shall not apply if your employment is terminated by reason
of redundancy (as defined in the Employment Rights Act 1996).


 


16.2         You hereby agree that you
will not for a period of 12 months immediately following the Relevant Date,
whether on your own behalf or in conjunction with or on behalf of any other
person, company, business entity or other organisation, (and whether as an employee,
director, principal, agent, consultant or in any other capacity whatsoever),
directly or indirectly (a) solicit, or (b) assist in soliciting, or (c) accept,
or (d) facilitate the acceptance of, or (e) deal with, in competition
with the Company the custom or business of any Customer or Prospective Customer
:-


 


	
  16.2.1

  	
   

  	
  with whom you have had personal contact or dealings
  on behalf of the Company during the 12 months immediately preceding the
  Relevant Date;

  



 


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  16.2.2

  	
   

  	
  for whom you were, in a client management capacity
  on behalf of the Company, directly responsible during the 12 months
  immediately preceding the Relevant Date.

  



 


16.3         You hereby agree that you
will not for a period of 12 months immediately
following the Relevant Date, whether on your own behalf or in conjunction with
or on behalf of any other person, company, business entity or other
organisation whatsoever, directly or indirectly :-


 


	
  16.3.1

  	
   

  	
  (a) induce, or (b) solicit, or
  (c) entice or (d) procure, any person who is a Company Employee to
  leave the Company’s employment; or

  
	
   

  	
   

  	
   

  
	
  16.3.2

  	
   

  	
  be personally involved to a material extent in
  (a) accepting into employment or (b) otherwise engaging or using
  the services of any person who is a Company Employee.

  



 


16.4         You hereby agree that you
will not, whether on your own behalf or in conjunction with or on behalf of any
other person, company, business entity or other organisation (and whether as an
employee, director, agent, principal, consultant or in any other capacity
whatsoever), directly or indirectly, (i) for a period of 12 months immediately following the Relevant Date and
(ii) in relation to any contract or arrangement which the Company has with
any Supplier for the exclusive supply of goods and services to the Company
and/or to any Associated Company, for the duration of such contract or
arrangement:


 


	
  16.4.1

  	
   

  	
  interfere with the supply of goods or services to
  the Company from any Supplier;

  
	
   

  	
   

  	
   

  
	
  16.4.2

  	
   

  	
  induce any Supplier of goods or services to the
  Company to cease or decline to supply such goods or services in the future.

  



 


16.5         Paragraphs 16.1 to 16.4 above
and 16.7 below will also apply as though references to each Associated Company
were substituted for references to the Company. 
These paragraphs will, with respect to each Associated Company,
constitute a separate and distinct covenant and the invalidity or
unenforceability of any such covenant shall not affect the validity or
enforceability of the covenants in favour of the Company or any other
Associated Company.  The provisions of
this paragraph 16 shall only apply in respect of those Associated Companies (i) with
whom you have given your services, or (ii) for whom you have been
responsible, or (iii) with whom you have otherwise been concerned, in the
12 months immediately preceding the Termination Date.


 


16.6         In relation to each
Associated Company referred to in paragraph 16.5 above, the Company contracts
as trustee and agent for the benefit of each such Associated Company.  You agree that, if required to do so by the
Company, you will enter into covenants in the same terms as those set out in
paragraphs 16.1 to 16.4 and 16.7 hereof directly with all or any of such
Associated Companies, mutatis mutandis. 
If you fail within 7 days of receiving such a request from the Company,
to sign the necessary documents to give effect to the foregoing, the Company
shall be entitled, and is hereby irrevocably and unconditionally authorised by
you, to execute all such documents as are required to give effect to the
foregoing, on your behalf.


 


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16.7         The following words and
expressions referred to above shall have the meanings set out below:


 


“Company Employee” means any person who was
employed by (i) the Company or (ii) any Associated Company, for at
least 3 months prior to and on the Termination Date and


 


(a)           with whom you have had
material contact or dealings in performing your duties of employment; and


 


(b)           who had material contact
with customers or suppliers of the Company in performing his or her duties of
employment with the Company or any Associated Company (as applicable); or


(c)           who was a member of the
management team of the Company or any Associated Company (as applicable).


 


“Customer” shall mean any person, firm,
company or other organisation whatsoever to whom the Company has supplied goods
or services.


 


“Prospective Customer” shall mean any
person, firm, company or other organisation whatsoever to whom the Company has
had any negotiations or material discussions regarding the possible supply of
goods or services by the Company.


 


“Relevant Date” means the earlier of the
Termination Date and the last day upon which you perform your duties if the
Company invokes its powers under clause 15.6 of this Agreement.


 


“Supplier” means any person, company,
business entity or other organisation whatsoever who (i) has supplied to
goods or services to the Company during any part of the 12 months immediately
preceding the Termination Date; or (ii) has agreed prior to the
Termination Date to supply goods or services to the Company to commence at any
time in the 12 months following the Termination Date; or (iii) as at the
Termination Date, supplies goods or services to the Company under an exclusive
contract or arrangement between that Supplier and the Company.


 


“Termination Date” means the date when your
employment terminates.


 


17.           Warranty and Undertaking


 


17.1         You represent and warrant
that you are not subject to any agreement, arrangement, contract,
understanding, Court Order or otherwise, which in any way directly or
indirectly restricts or prohibits you from fully performing the duties of your
employment, or any of them, in accordance with the terms and conditions of this
letter.


 


17.2         You agree that in the event
of receiving from any person, company, business entity or other organisation an
offer of employment either during the continuance of the terms and conditions
of this letter or during the continuance in force of any of the restrictions
set out in paragraph 16 above, you will forthwith provide to such person,


 


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company, business entity or other
organisation a full and accurate copy of the clauses of this Agreement that
continue to apply after the Termination of your employment being clauses 9, 12,
15 and 16 of this Agreement.


 


18.           Definitions


 


18.1         “Associated Company” means
any firm, company, corporation or other organisation:-


 


	
  18.1.1

  	
   

  	
  which is directly or indirectly controlled by the
  Company; or

  
	
   

  	
   

  	
   

  
	
  18.1.2

  	
   

  	
  which directly or indirectly controls the Company;
  or

  
	
   

  	
   

  	
   

  
	
  18.1.3

  	
   

  	
  which is directly or indirectly controlled by a
  third party who also directly or indirectly controls the Company; or

  
	
   

  	
   

  	
   

  
	
  18.1.4

  	
   

  	
  of which the Company or any other Associated Company
  owns or has a beneficial interest in 20% or more of the issued share capital
  or 20% or more of its capital assets; or

  
	
   

  	
   

  	
   

  
	
  18.1.5

  	
   

  	
  which is the successor in title or assign of the
  firms, companies, corporations or other organisations referred to above.

  



 


 


18.2         “Company” shall include the
successors in title and assigns of the Company.


 


18.3         “Control” shall have the
meaning set out in S.416 Taxes Act 1988 (as amended).


 


18.4         “Immediate Relatives” shall
include husband, wife, common law spouse, children, brothers, sisters, cousins,
aunts, uncles, parents, grandparents, and the aforesaid relatives by marriage.


 


19.           Miscellaneous


 


19.1         This letter cancels and is in
substitution for all previous letters of engagement, agreements and
arrangements whether oral or in writing relating to the subject matter hereof
between the Company and yourself, all of which shall be deemed to have been
terminated by mutual consent. This letter made between you and the Company, and
the Working Time Regulations opt-out form of even date, constitute the entire
agreement between you and the Company of the terms upon which you are employed.


 


19.2         The various provisions and
sub-provisions of this letter are severable and if any provision or
sub-provision or identifiable part thereof is held to be invalid or
unenforceable by any court of competent jurisdiction then such invalidity or
unenforceability will not affect the validity or enforceability of the
remaining provisions or sub-provisions or identifiable parts thereof in this
letter.


 


19.3         This letter is governed by
and construed in accordance with the laws of England, and you and the Company
submit to the exclusive jurisdiction of the English courts.


 


19.4         Paragraph headings are
inserted for convenience only and will not affect the construction of this
letter.


 


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Please will you sign both copies of this letter and
return the top copy to me.


 


Yours sincerely


 


 


	
  /s/ Mitchell Truwit

  	
   

  
	
  For and on behalf of ACTIVE HOTELS LIMITED

  



 


I agree with the Terms and Conditions of my Employment
as set out or referred to above.


 


 


	
  Signed

  	
  /s/ Andrew Phillipps

  	
   

  	
  Dated

  	
       21/9/2004

  	
   

  
	
   

  	
  Andrew Phillipps

  	
   

  



 


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Exhibit 10.82


 


Andrew Phillipps


 


21 September 2004


 


Dear Andrew


 


THE WORKING TIME REGULATIONS 1998


 


I am writing to you in relation to the
Working Time Regulations 1998 (“the Regulations”).  As you may be aware, the Regulations impose
certain limits on the hours which employees can be required to work, and
guarantee employees minimum daily and weekly rest periods.


 


One of the principal restrictions contained
in the Regulations is that employees must not work more than an average of 48
hours per week over a 17 week period. This includes any overtime worked,
irrespective of whether it is voluntary or compulsory.


 


Employees can choose to “opt-out” of the
Regulations, and voluntarily agree to work, where necessary, more than 48 hours
per week.  I am therefore writing to you
to ask whether you would be prepared to agree to opt-out of the 48 hour
limit.  If you agree to opt-out this will
not mean that the Company will insist that your hours exceed the 48-hour
average limit.  The Company will, of
course, continue to ensure that your working hours are not excessive for health
and safety reasons.


 


If you are happy to opt-out please sign,
date and return the attached Opt-Out Agreement. 
Your other entitlements under the Regulations will be not be affected.


 


You will see from the attached Agreement
that you are entitled to terminate the Opt-Out Agreement by giving 4 weeks’
notice in writing to the Board.  If you
do serve notice to “opt-in”, the Company will then be obliged to comply with
the 48-hour maximum immediately following the end of that notice period.


 


I should emphasise that you are not obliged
to opt-out of the 48 hour weekly working hours limit, and indeed, apart from
our ensuring that your weekly working hours are in compliance with the
Regulations, no aspect of your employment with the Company will be adversely
affected in the event that you decide not to opt out.


 


If you have any questions about this letter
or the attached Opt-Out Agreement, or should you be concerned about signing the
Agreement, please speak to the Board.


 


I would like to take this opportunity to
thank you for your continued commitment to the Company.


 


Yours sincerely


 


 


For and on behalf of


ACTIVE HOTELS LIMITED


 


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I understand that the effect of the Working
Time Regulations 1998 is to limit my average working time to a maximum of 48
hours, inclusive of overtime, over a 7 day period averaged over 17 weeks.  I understand that should I not wish to work
in excess of 48 hours then I will suffer no detriment, nor be treated any less
favourably than any other employee.


 


Given these understandings I wish to
dis-apply the effect of the Regulations in relation to the maximum 48 hour
limit, the effect of which is to remove the 48 hour maximum limit in relation
to my employment indefinitely.  For the
avoidance of doubt the terms of my contract of employment referring in
particular to my undertaking to work hours in
addition to my contractual hours where reasonably necessary are not affected by
this agreement.


 


Additionally I agree that should I wish to
revert to the 48 hour maximum as specified in the Working Time Regulations, I
will give the Company and in particular my manager a minimum of 4 weeks’
notice, in writing, of the cancellation of this agreement in order that they
can make the necessary business arrangements to meet operational/customer
requirements.


 


 


	
  Signature

  	
  /s/ Andrew Phillipps

  	
   

  
	
   

  	
  Andrew Phillipps

  
	
   

  
	
  Date         21/9/04

  



 


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