Relevant clause of contract below, but can this be used to reduce pay to below NMR?
23. Termination of Employment
23.1 Notwithstanding clause 1.2 of this Agreement, in the event of the employment being terminated by either party, two weeks notice in writing must be given to Your Manager. By mutual consent this period of notice may be waived or amended. During the probationary period, one week’s notice must be given by either party.
23.2 At the sole discretion of the Company, the Company reserves the right to pay wages in lieu of notice whether the notice was given by you or by the Company.
23.3 Notwithstanding any other provisions of this Agreement, in any of the following circumstances, the Company may terminate your employment immediately.
23.4 The circumstances referred to in 23.3 above are if you:
23.4.1 Commit any serious breach or repeated breach of this Agreement or are guilty of any gross misconduct or any wilful neglect in the discharge of your duties;
23.4.2 Commit any act of fraud, dishonesty or any conduct bringing yourself, the Company or any Group Company into disrepute;
23.4.3 Are convicted of any criminal offence which might reasonably be thought to affect adversely the performance of your duties.
23.5 Gross misconduct referred to at 23.4 (i) above includes, (but is not limited to):
Theft, unauthorised possession of any property belonging to the Company or any Group Company or someone else, fraud, falsification of (1) reports (2) accounts (3) expense claims and/or (4) records, violent and/or dangerous conduct, abusive and/or aggressive and/or intimidatory behaviour, bullying or other harassment of a client and/or a colleague, rudeness to clients and/or colleagues, serious and/or deliberate and/or reckless damage to property, being under the influence of alcohol and/or illegal drugs whilst at work, possessing illegal drugs, unauthorised absence(s), sending abusive and/or obscene and/or defamatory communications of any nature via (1) e-mail(s) (2) text message(s) or (3) any other media, accessing or downloading any obscene image(s) or other material from the internet or by email or otherwise being in possession of obscene material or publications or images in any media at your place of work and/or during working hours, insubordination and/or refusal to carry out duties and/or reasonable instructions, serious breach of Company policies and/or rules, conviction of any criminal offence, misuse of lift pass, bringing the Company or any Group Company into disrepute, disregard of applicable health and safety precautions, gross negligence or incompetence.
23.6 If it is deemed by the Company that you have committed an act of gross misconduct the normal consequence will be instant dismissal without notice.
23.7 The Company reserves the right to notify all applicable authorities, including the relevant police, if you are deemed and/or suspected to be in possession of illegal drugs during the course of employment.
23.8 In the event of you failing to give the Company the required period of notice as specified in this Agreement or in the case of your gross misconduct, you agree to pay the Company any amount equal to the costs incurred directly or indirectly by the Company, including, but not limited to, the costs of advertising for and recruiting a replacement representative at short notice, the cost of travel to your resort by a replacement representative, compensation to clients, and any other amounts reasonably incurred by the Company which are directly or indirectly attributable to your actions.