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TAKE QUADRANT ON LIMITED

STAFF HANDBOOK

 

 

1. INTRODUCTION

1.1. Welcome to TAKE QUADRANT ON (“us”, “we”, “the Company”).  We would like to wish you every success during your employment whether you recently joined us or whether you are an existing employee.  We hope that your experience of working here will be positive and rewarding.

1.2. This Handbook is designed both to introduce you to the business and to be of continuing use during your employment. The Handbook sets out the main policies and procedures that you will need to be aware of while working for us. You should familiarise yourself with it and comply with it at all times. Any questions you may have about its contents or what you have to do to comply with it should be referred to your line manager or if there is any matter in this Handbook that you do not understand, you should ask Erden Buyandelger for clarification.

1.3. The policies and procedures set out in this Handbook apply to all staff. They therefore apply to managers, officers, directors, employees, consultants, contractors, trainees, homeworkers, part-time and fixed-term employees, casual and agency staff and volunteers (collectively referred to as staff in this policy). They do not form part of the terms of your contract with us, which are provided to you separately.

1.4. We ask that you study carefully the contents of this Handbook as, in addition to setting out our rules and regulations, it also contains information on some of the main benefits that may be available to you and the policies and procedures relating to your employment.  If you require any clarification or additional information, please refer to your line manager

1.5. We are an equal opportunities employer. We promote equality and diversity in the workplace. We do not discriminate on the grounds of gender, sexual orientation, marital or civil partner status, pregnancy or maternity, gender reassignment, race, colour, nationality, ethnic or national origin, religion or belief, disability or age.

1.6. The content of this Handbook will be reviewed regularly. The Company reserves the right to make additions or alterations from time to time, and updates will be notified by email. Where necessary, an updated version of this Handbook may be reissued in its entirety in electronic or hard copy format.

2. RESPONSIBILITY FOR THE STAFF HANDBOOK

2.1. The Directors have overall responsibility for the operation of this Handbook and for ensuring that its policies and procedures comply with our legal obligations. The board has delegated day-to-day responsibility for the operation of our policies and procedures to identified managers.

2.2. All managers have a specific responsibility to operate in accordance with the provisions set out in this Handbook, to ensure that all staff understand the standards of behaviour expected of them and to take action when behaviour falls below those requirements.

2.3. Those working at a management level have a specific responsibility to set an appropriate standard of behaviour, to lead by example and to ensure that those they manage adhere to the policies and procedures and promote our aims and objectives with regard to equal opportunities.

2.4. Everyone should ensure that they take the time to read and understand the content of this Handbook and act in accordance with its aims and objectives. All staff must ensure that they are familiar with and comply with and support its policies and procedures.

3. EXPENSES POLICY

Reimbursement of expenses

3.1. This policy sets out Company guidelines for the reimbursement of travel, hotel and other expenses you may incur while on Company business. It also sets out the procedure for obtaining reimbursement, including the evidence you must provide and the level of authorisation you must obtain.

3.2. We will reimburse expenses properly incurred in accordance with this policy provided they are approved in advance by a Director. Any attempt to claim expenses in breach of this policy will result in disciplinary action.

3.3. Expenses will only be reimbursed if they are:

    (a) authorised in advance by a director before the expense is incurred;

    (b) claimed using forms that are available from your line manager.

    Form is in HR folder submitted to Director for approval;

    (c) submitted within 28 days of being incurred;

    (d) supported by relevant documents (for example, VAT receipts, tickets, and credit or debit card slips); and

    (e) where required, authorised in accordance with instructions in force at the time the expense was incurred.

3.4. Claims for authorised expenses submitted in accordance with this policy will be paid directly into your bank/building society account within 30 days of the expenses being authorised.

3.5. The Company will reimburse you for the cost of travel undertaken ‘on the job’ as opposed to travel ‘to the job’, ie where attendance at a location (other than your usual place of work) is required for the performance of your duties. The Company will reimburse you for the cost of a taxi only where public transport is not available.

3.6. The Company may reimburse you for the cost of a taxi home where by the time you can go home, public transport has stopped or it would not be reasonable to expect you to use public transport.

3.7. If you use your own car or van for business purposes, the Company will reimburse you a fixed amount per mile (which covers petrol and other running expenses including depreciation) according to the applicable HMRC approved mileage rates in the relevant tax year.

3.8. Any questions about the reimbursement of expenses should be put to your line manager before you incur the relevant costs, otherwise the expense will not be reimbursed.

4. EQUAL OPPORTUNITIES POLICY

4.1. The Company is fully committed to promoting equality of opportunity, diversity and inclusion (sometimes referred to as EDI) for all staff and job applicants.

4.2. We aim to create a working environment in which all individuals are able to make best use of their skills, free from discrimination or harassment, and in which all decisions are based on merit.

4.3. By EDI, we mean:

  • equality: providing equal opportunities and fairness for all employees, workers and job applicants, and eliminating unlawful discrimination;
  • diversity: recognising, respecting and valuing the differences in our people’s protected characteristics, backgrounds, skills and experience and encouraging gender diversity, age diversity, ethnic diversity, diverse physical ability and neurodiversity in our workforce;
  • inclusion: ensuring a workplace culture that is fair and safe for all staff, that values our differences and enables each person to be themselves, achieve their potential and thrive at work.

4.4. We do not discriminate against staff on the basis of age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation (Protected Characteristics).

4.5. You and any job applicants will receive equal treatment regardless of age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation.

4.6. The principles of non-discrimination and equality of opportunity also apply to the way in which staff treat other people including current and former employees, job applicants, clients, customers, suppliers and visitors. This applies in the workplace, outside the workplace (when dealing with customers, suppliers or other work-related contacts, and on work-related trips or events including social events).

4.7. All staff have a duty to act in accordance with this policy and treat colleagues with dignity at all times, and not to discriminate against or harass other members of staff, regardless of their status.

Forms of discrimination

4.8. Discrimination by or against an employee is generally prohibited unless there is a specific legal exemption. Discrimination may be direct or indirect and it may occur intentionally or unintentionally.

4.9. Direct discrimination occurs where someone is treated less favourably because of one or more of the protected characteristics set out above.  For example, rejecting an applicant on the grounds of their race because they would not “fit in” would be direct discrimination.

4.10. Indirect discrimination occurs where someone is disadvantaged by an unjustified provision, criterion or practice that also puts other people with the same protected characteristic at a particular disadvantage. For example, a requirement to work full time puts women at a particular disadvantage because they generally have greater childcare commitments than men. Such a requirement will need to be objectively justified.

4.11. Harassment related to any of the protected characteristics is prohibited. Harassment is unwanted conduct that has the purpose or effect of violating someone’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Harassment is dealt with further in our Anti-harassment and Bullying Policy.

4.12. Victimisation is also prohibited. This is less favourable treatment of someone who has complained or given information about discrimination or harassment, or supported someone else’s complaint.

4.13. Disability discrimination is prohibited. This includes direct and indirect discrimination, any unjustified less favourable treatment because of the effects of a disability, and failure to make reasonable adjustments to alleviate disadvantages caused by a disability.

Recruitment and selection

4.14. We aim to ensure that no job applicant suffers discrimination because of any of the protected characteristics above. Our recruitment procedures are reviewed regularly to ensure that individuals are recruited on the basis of their relevant merits and abilities. Job selection criteria are regularly reviewed to ensure that they are relevant to the job and are not disproportionate.

4.15. Recruitment, promotion, and other selection exercises such as redundancy selection will be conducted on the basis of merit, against objective criteria that avoid discrimination.

4.16. Job advertisements should avoid stereotyping or using wording that may discourage particular groups from applying.

4.17. We take steps to ensure that our vacancies are advertised to a diverse labour market and, where relevant, to particular groups that have been identified as disadvantaged or underrepresented in our organisation.

4.18. Applicants should not be asked about health or disability before a job offer is made. There are limited exceptions which should only be used with Human Resources approval. For example:

    (a) Questions necessary to establish if an applicant can perform an intrinsic part of the job (subject to any reasonable adjustments).

    (b) Questions to establish if an applicant is fit to attend an assessment or any reasonable adjustments that may be needed at interview or assessment.

    (c) Positive action to recruit disabled persons.

    (d) Equal opportunities monitoring (which will not form part of the decision-making process).

4.19. Applicants should not be asked about past or current pregnancy or future intentions related to pregnancy. Applicants should not be asked about matters concerning age, race, religion or belief, sexual orientation, or gender reassignment without the approval of line managers (who should first consider whether such matters are relevant and may lawfully be taken into account).

4.20. We are required by law to ensure that all employees are entitled to work in the UK. Assumptions about immigration status should not be made based on appearance or apparent nationality. All prospective employees, regardless of nationality, must be able to produce original documents (such as a passport) before employment starts, to satisfy current immigration legislation.

Disability discrimination

4.21. If you are disabled or become disabled, we encourage you to tell us about your condition so that we can support you as appropriate.

4.22. If you experience difficulties at work because of your disability, you may wish to contact your line manager to discuss any reasonable adjustments that would help overcome or minimise the difficulty.  Your line manager may wish to consult with you and your medical adviser(s) about possible adjustments. We will consider the matter carefully and try to accommodate your needs within reason. If we consider a particular adjustment would not be reasonable we will explain our reasons and try to find an alternative solution where possible.

4.23. We will monitor the physical features of our premises to consider whether they place disabled workers, job applicants or service users at a substantial disadvantage compared to other staff. Where reasonable, we will take steps to improve access for disabled staff and service users.

Fixed-term employees

4.24. We monitor our use of fixed-term employees, and their conditions of service, to ensure that they are being offered appropriate access to benefits, training, promotion and permanent employment opportunities. We will, where relevant, monitor their progress to ensure that they are accessing permanent vacancies.

4.25. Fixed-term staff should be treated the same as comparable full-time or permanent staff and enjoy no less favourable terms and conditions (on a pro-rata basis where appropriate), unless different treatment is justified.

Part-time work

4.26. We monitor the conditions of service of part-time employees and their progression to ensure that they are being offered appropriate access to benefits and training and promotion opportunities.

4.27. Part-time staff should be treated the same as comparable full-time or permanent staff and enjoy no less favourable terms and conditions (on a pro-rata basis where appropriate), unless different treatment is justified.

Breaches of the policy

4.28. If you believe that you may have been discriminated against you are encouraged to raise the matter through our Grievance Procedure. If you believe that you may have been subject to harassment you are encouraged to raise the matter through our Anti-harassment and Bullying Policy. If you are uncertain which applies or need advice on how to proceed you should speak to your line manager.

4.29. Allegations regarding potential breaches of this policy will be treated in confidence and investigated in accordance with the relevant procedure. Staff who make such allegations in good faith will not be victimised or treated less favourably as a result. False allegations which are found to have been made in bad faith will, however, be dealt with under our Disciplinary Procedure.

4.30. Any member of staff who is found to have committed an act of discrimination or harassment will be subject to disciplinary action. Such behaviour may constitute gross misconduct and, as such, may result in summary dismissal without notice or pay in lieu of notice. We take a strict approach to serious breaches of this policy, which will be dealt with in accordance with out Disciplinary Procedure.

5. ANTI-HARASSMENT AND BULLYING POLICY

5.1. The purpose of this policy is to ensure that all staff are treated and treat others with dignity and respect, free from harassment and bullying. All staff should take the time to ensure they understand what types of behaviour are unacceptable under this policy.

5.2. This policy covers harassment or bullying which occurs both in and out of the workplace, such as on business trips or at events or work-related social functions. It covers bullying and harassment by staff and also by third parties such as customers, suppliers or visitors to our premises.

5.3. Staff must treat colleagues and others with dignity and respect, and should always consider whether their words or conduct could be offensive. Even unintentional harassment or bullying is unacceptable.

5.4. We will take allegations of harassment or bullying seriously and address them promptly and confidentially where possible. Harassment or bullying by an employee will be treated as misconduct under our Disciplinary Procedure. In some cases it may amount to gross misconduct leading to summary dismissal.

What is harassment?

5.5. Harassment is any unwanted physical, verbal or non-verbal conduct which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. A single incident can amount to harassment.

5.6. It also includes treating someone less favourably because they have submitted or refused to submit to such behaviour in the past.

5.7. Unlawful harassment may involve conduct of a sexual nature (sexual harassment), or it may be related to age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation. Harassment is unacceptable even if it does not fall within any of these categories.

What is bullying?

5.8. Bullying is offensive, intimidating, malicious or insulting behaviour involving the misuse of power that can make a person feel vulnerable, upset, humiliated, undermined or threatened. Power does not always mean being in a position of authority, but can include both personal strength and the power to coerce through fear or intimidation.

5.9. Bullying can take the form of physical, verbal and non-verbal conduct. Bullying may include, by way of example:

    (a) physical or psychological threats;

    (b) overbearing and intimidating levels of supervision;

    (c) inappropriate derogatory remarks about someone’s performance;

5.10. Legitimate, reasonable and constructive criticism worker’s performance or behaviour, or reasonable instructions given to workers in the course of their employment, will of itself amount to bullying.

Informal steps

5.11. If you are being bullied or harassed, you should initially consider raising the problem informally with the person responsible, if you feel able. You should explain clearly to them that their behaviour is not welcome or makes you uncomfortable. If this is too difficult or embarrassing, you should speak to your line manager, who can provide confidential advice and assistance in resolving the issue formally or informally.

5.12. If informal steps have not been successful or are not possible or appropriate, you should follow the formal procedure set out below.

Raising a formal complaint

5.13. If you wish to make a formal complaint about bullying or harassment, you should submit it in writing to your line manager, whose role is to achieve a solution wherever possible and to respect the confidentiality of all concerned. If the matter concerns a member of the senior management team, you should refer it to [Adam Vickers, Managing Director]. If the matter concerns Adam Vickers, then you should refer any complaint to another Director who is available.

5.14. Your written complaint should set out full details of the conduct in question, including the name of the harasser or bully, the nature of the harassment or bullying, the date(s) and time(s) at which it occurred, the names of any witnesses and any action that has been taken so far to attempt to stop it from occurring.

5.15. As a general principle, the decision whether to progress a complaint is up to you. However, we have a duty to protect all staff and may pursue the matter independently if, in all the circumstances, we consider it appropriate to do so.

Formal investigations

5.16. We will investigate complaints in a timely and confidential manner. Individuals not involved in the complaint or the investigation should not be told about it. The investigation will be conducted by someone with appropriate experience and no prior involvement in the complaint. The investigation should be thorough, impartial and objective, and carried out with sensitivity and due respect for the rights of all parties concerned.

5.17. We will arrange a meeting with you, usually within one week of receiving your complaint, so that you can give your account of events. You have the right to be accompanied by a colleague or a trade union representative of your choice, who must respect the confidentiality of the investigation. You will be given a provisional timetable for the investigation. The investigator will arrange further meetings with you as appropriate throughout the investigation.

5.18. Where your complaint is about an employee, we may consider suspending them on full pay or making other temporary changes to working arrangements pending the outcome of the investigation, if circumstances require. The investigator will also meet with the alleged harasser or bully to hear their account of events. They have a right to be told the details of the allegations against them, so that they can respond.

5.19. Where your complaint is about someone other than an employee, such as a contractor, customer, service user, supplier, or visitor, we will consider what action may be appropriate to protect you and anyone involved pending the outcome of the investigation, bearing in mind the reasonable needs of the business and the rights of that person. Where appropriate, we will attempt to discuss the matter with the third party.

5.20. It may be necessary to interview witnesses to any of the incidents mentioned in your complaint. If so, the importance of confidentiality will be emphasised to them.

5.21. At the end of the investigation, the investigator will submit a report to a Senior Manager or Director nominated to consider the complaint. The person responsible will arrange a meeting with you, usually within a week of receiving the report, in order to discuss the outcome and what action, if any, should be taken. You have the right to bring a colleague or a trade union representative to the meeting. A copy of the report and findings will be given to you and to the alleged harasser.

Action following the investigation

5.22. If the Senior Manager/Director considers that harassment or bullying has occurred, prompt action will be taken to address it.

5.23. Where the harasser or bully is an employee the matter will be dealt with as a case of possible misconduct or gross misconduct under our Disciplinary Procedure.

5.24. Where the harasser or bully is a third party, appropriate action might include putting up signs setting out acceptable and unacceptable behaviour; speaking or writing to the person and/or their superior about their behaviour; or, in very serious cases, banning them from the premises or terminating a contract with them.

5.25. Whether or not your complaint is upheld, we will consider how best to manage the ongoing working relationship between you and the alleged harasser or bully. It may be appropriate to arrange some form of mediation and/or counselling, or to change the duties, working location or reporting lines of one or both parties.

5.26. Any staff member who deliberately provides false information or otherwise acts in bad faith as part of an investigation may be subject to action under our Disciplinary Procedure.

Appeals

5.27. If you are not satisfied with the outcome you may appeal in writing to Adam Vickers, Managing Director, stating your full grounds of appeal, within one week of the date on which the decision was sent or given to you.

5.28. We will hold an appeal meeting, normally within one week of receiving your written appeal. This will be dealt with impartially by a more Senior Manager/Director who has not previously been involved in the case (although they may ask anyone previously involved to be present). You may bring a colleague or trade union representative to the meeting.

5.29. We will confirm our final decision in writing, usually within one week of the appeal hearing. This is the end of the procedure and there is no further appeal.

Protection and Support for those involved

5.30. Staff who make complaints or who participate in good faith in any investigation must not suffer any form of retaliation or victimisation as a result. Anyone found to have retaliated against or victimised someone in this way will be subject to disciplinary action under our Disciplinary Procedure.

5.31. If you believe you have suffered any such treatment you should inform your line manager. If the matter is not remedied you should raise it formally using our Grievance Procedure or this procedure if appropriate.

Confidentiality and data protection

5.32. Confidentiality is an important part of the procedures provided under this policy. Everyone involved in the operation of the policy, whether making a complaint or involved in any investigation, is responsible for observing the high level of confidentiality that is required. Details of the investigation and the names of the person making the complaint and the person accused must only be disclosed on a “need to know” basis.

5.33. Information about a complaint by or about an employee may be placed on the employee’s personnel file, along with a record of the outcome and of any notes or other documents compiled during the process.

5.34. Breach of confidentiality may give rise to disciplinary action under our Disciplinary Procedure.

5.35. We will ensure that all staff are provided with regular training on this policy and that line managers are provided with training on how to manage equality, diversity and inclusion in the workplace. Other staff may also be required to attend equality, diversity and inclusion training, attendance at which will be compulsory.

6. ANTI-CORRUPTION AND BRIBERY POLICY

6.1. Bribery and corruption remain a major issue in world trade, despite the many dedicated efforts to prevent them. Our legal obligations are primarily governed by the Bribery Act 2010. That Act affects us, as a UK company, if bribery occurs anywhere in our business.

6.2. Involvement in bribery and corruption exposes the Company and relevant individuals to a criminal offence. It will also damage our reputation and the confidence of our client, customers, suppliers and business partners.

6.3. The Company’s position is simple: the Company conducts its business to the highest legal and ethical standards. The Company will not be party to corruption or bribery in any form. Such acts would damage the Company’s reputation and expose the Company, and its employees and representatives, to the risk of fines and imprisonment.

6.4. It is our policy to conduct all of our business in an honest and ethical manner. We take a zero-tolerance approach to bribery and corruption and are committed to acting professionally, fairly and with integrity in all our business dealings and relationships wherever we operate and implementing and enforcing effective systems to counter bribery.

6.5. We will uphold all laws relevant to countering bribery and corruption. However, we remain bound by the laws of the UK, including the Bribery Act 2010, in respect of our conduct both at home and abroad.

6.6. The purpose of this policy is to:

    (a) set out our responsibilities, and of those working for us, in observing and upholding our position on bribery and corruption; and

    (b) provide information and guidance to those working for us on how to recognise and deal with bribery and corruption issues.

6.7. Bribery and corruption are punishable for individuals by up to ten years’ imprisonment and if we are found to have taken part in corruption we could face an unlimited fine, be excluded from tendering for public contracts and face damage to our reputation. We therefore take our legal responsibilities very seriously.

6.8. In this policy, third party means any individual or organisation you come into contact with during the course of your work for us, and includes actual and potential clients, customers, suppliers, distributors, business contacts, agents, advisers, and government and public bodies, including their advisors, representatives and officials, politicians and political parties.

Who is covered by this policy?

6.9. This policy applies to all individuals working at all levels and grades, including senior managers, officers, directors, employees (whether permanent, fixed-term or temporary), consultants, contractors, trainees, seconded staff, homeworkers, casual workers and agency staff, volunteers, interns, agents, sponsors, or any other person associated with us, or any of our subsidiaries or their employees, wherever located (collectively referred to as workers in this policy).

What is bribery?

6.10. A bribe is an inducement or reward offered, promised or provided in order to gain any commercial, contractual, regulatory or personal advantage.

Gifts and hospitality

6.11. This policy does not prohibit normal and appropriate hospitality (given and received) to or from third parties.

6.12. We appreciate that the practice of giving business gifts varies between countries and regions and what may be normal and acceptable in one region may not be in another. The test to be applied is whether in all the circumstances the gift or hospitality is reasonable and justifiable. The intention behind the gift should always be considered.

What is not acceptable?

6.13. It is not acceptable for you (or someone on your behalf) to:

    (a) give, promise to give, or offer, a payment, gift or hospitality with the expectation or hope that a business advantage will be received, or to reward a business advantage already given;

    (b) give, promise to give, or offer, a payment, gift or hospitality to a government official, agent or representative to “facilitate” or expedite a routine procedure;

    (c) accept payment from a third party that you know or suspect is offered with the expectation that it will obtain a business advantage for them;

    (d) accept a gift or hospitality from a third party if you know or suspect that it is offered or provided with an expectation that a business advantage will be provided by us in return;

    (e) threaten or retaliate against another worker who has refused to commit a bribery offence or who has raised concerns under this policy; or

    (f) engage in any activity that might lead to a breach of this policy.

Facilitation payments and kickbacks

6.14. We do not make, and will not accept, facilitation payments or “kickbacks” of any kind. Facilitation payments are typically small, unofficial payments made to secure or expedite a routine government action by a government official. They are not commonly paid in the UK, but are common in some other jurisdictions.

6.15. If you are asked to make a payment on our behalf, you should always be mindful of what the payment is for and whether the amount requested is proportionate to the goods or services provided. You should always ask for a receipt which details the reason for the payment. If you have any suspicions, concerns or queries regarding a payment, you should raise these with the compliance manager.

6.16. Kickbacks are typically payments made in return for a business favour or advantage.  All workers must avoid any activity that might lead to, or suggest, that a facilitation payment or kickback will be made or accepted by us.

Donations

6.17. We do not make contributions to political parties. No donation must be offered or made without the prior approval of a Director or in his/her absence, the compliance manager.

Your responsibilities

6.18. You must ensure that you read, understand and comply with this policy.

6.19. The prevention, detection and reporting of bribery and other forms of corruption are the responsibility of all those working for us or under our control. All workers are required to avoid any activity that might lead to, or suggest, a breach of this policy.

6.20. You must notify your manager as soon as possible if you believe or suspect that a conflict with this policy has occurred, or may occur in the future.  For example, if a client or potential client offers you something to gain a business advantage with us, or indicates to you that a gift or payment is required to secure their business.

6.21. Any employee who breaches this policy will face disciplinary action, which could result in dismissal for gross misconduct.

Record-keeping

6.22. We must keep financial records and have appropriate internal controls in place which will evidence the business reason for making payments to third parties.

6.23. You must declare and keep a written record of all hospitality or gifts accepted or offered, which will be subject to managerial review.

6.24. You must ensure all expenses claims relating to hospitality, gifts or expenses incurred to third parties are submitted in accordance with our expenses policy and specifically record the reason for the expenditure.

6.25. All accounts, invoices, memoranda and other documents and records relating to dealings with third parties, such as clients, suppliers and business contacts, should be prepared and maintained with strict accuracy and completeness. No accounts must be kept “off-book” to facilitate or conceal improper payments.

How to raise a concern

6.26. You are encouraged to raise concerns about any issue or suspicion of malpractice at the earliest possible stage. If you are unsure whether a particular act constitutes bribery or corruption, or if you have any other queries, these should be raised with your line manager.

What to do if you are a victim of bribery or corruption

6.27. It is important that you tell the compliance manager as soon as possible if you are offered a bribe by a third party, are asked to make one, suspect that this may happen in the future, or believe that you are a victim of another form of unlawful activity.

Protection

6.28. Workers who refuse to accept or offer a bribe, or those who raise concerns or report another’s wrongdoing, are sometimes worried about possible repercussions. We aim to encourage openness and will support anyone who raises genuine concerns in good faith under this policy, even if they turn out to be mistaken.

6.29. We are committed to ensuring no one suffers any detrimental treatment as a result of refusing to take part in bribery or corruption, or because of reporting in good faith their suspicion that an actual or potential bribery or other corruption offence has taken place, or may take place in the future. Detrimental treatment includes dismissal, disciplinary action, threats or other unfavourable treatment connected with raising a concern. If you believe that you have suffered any such treatment, you should inform the compliance manager immediately.

Training and communication

6.30. Training on this policy forms part of the induction process for all new workers.  All existing workers will receive regular, relevant training on how to implement and adhere to this policy.

6.31. Our zero-tolerance approach to bribery and corruption must be communicated to all suppliers, contractors and business partners at the outset of our business relationship with them and as appropriate thereafter.

7. SICKNESS ABSENCE POLICY

7.1. The Company is committed to ensuring that its employees attend work whenever they are fit for work. However, the Company also recognises that people do become ill and need to be absent from work. Where this is the case, the Company will, through consultation with the employee and medical advisers when appropriate, manage such absence with the ultimate aim of getting the employee back to work as soon as possible, giving appropriate and reasonable assistance to achieve that aim.

7.2. This policy sets out our procedures for reporting sickness absence, and attendance and for the management of sickness absence in a fair and consistent way, but the Company may use a different procedure or take additional steps as required in individual cases.

7.3. Sickness absence can vary from short intermittent periods of ill-health to a continuous period of long-term absence and have a number of different causes (for example, injuries, recurring conditions, or a serious illness requiring lengthy treatment).

7.4. We wish to ensure that the reasons for sickness absence are understood in each case and investigated where necessary. In addition, where needed and reasonably practicable, measures will be taken to assist those who have been absent by reason of sickness to return to work.

7.5. We may vary the procedures set out in this policy, including any time limits, as appropriate in any case.

7.6. You must take responsibility for your own attendance at work and, if you are ill, your recovery and timely return to work.

7.7. The Company would not under normal circumstances expect any employee who is absent from work due to sickness or injury to:

    (a) participate in any sports, hobbies or social activities which are in any way inconsistent with their illness or injuries, or which aggravate the illness or injury, or which could delay recovery; or

    (b) undertake any other employment whether paid or unpaid; if you declare yourself incapacitated from work in relation to your employment with the Company, it will be deemed improper conduct to undertake any other duties whilst you are off sick.

Disabilities

7.8. We are aware that sickness absence may result from a disability. At each stage of the sickness absence meetings procedure, particular consideration will be given to whether there are reasonable adjustments that could be made to the requirements of a job or other aspects of working arrangements that will provide support at work and/or assist a return to work.

7.9. If you consider that you are affected by a disability or any medical condition which affects your ability to undertake your work, you should inform your line manager.

Sickness absence reporting procedure

7.10. The Sickness Absence Policy sets out our procedures for reporting sickness absence and for the management of sickness absence in a fair and consistent way. Sickness absence can vary from short intermittent periods of ill-health to a continuous period of long-term absence and have a number of different causes (for example, injuries, recurring conditions, or a serious illness requiring lengthy treatment).

7.11. We wish to ensure that the reasons for sickness absence are understood in each case and investigated where necessary. In addition, where needed and reasonably practicable, measures will be taken to assist those who have been absent by reason of sickness to return to work.

7.12. If you cannot attend work because you are ill or injured, you should telephone your line manager, or in his/her absence, Erden Buyandelger/Adam Vickers as early as possible and no later than an hour before you are normally expected to start work on the first working day of absence and on every subsequent day of absence for the first seven days of absence. Where you are absent for more than seven days, the frequency and timing of contact will be agreed on a case-by-case basis, but as a minimum requirement, you should keep your line manager or Erden Buyandelger informed throughout the period of absence, on at least a weekly basis. Emails, text and/or WhatsApp messages confirming any period of absence are unacceptable methods of reporting absence and may result in disciplinary action.

7.13. The following details should be provided:

    (a) The nature of your illness.

    (b) The expected length of your absence from work.

    (c) Contact details.

    (d) Any outstanding or urgent work that requires attention.

7.14. Managers should ensure that:

    (a) Any sickness absence that is notified to them is recorded and reported to the accounts team for the purposes of processing sick pay.

    (b) Arrangements are made, where necessary, to cover work and to inform colleagues and clients (while maintaining confidentiality).

7.15. You should expect to be contacted during your absence by your department or your line manager who will want to enquire after your health and be advised, if possible, as to your expected return date.

Evidence of incapacity

7.16. For sickness absence of between four and seven calendar days you must complete a self-certification form which is available from your line manager.

7.17. For absence of more than a week your must obtain a certificate from your doctor (a “Statement of Fitness for Work”) stating that you are not fit for work and the reason(s) why. This should be forwarded to your line manager as soon as possible. If your absence continues, further medical certificates must be provided to cover the whole period of absence.

7.18. If your doctor provides a certificate stating that you “may be fit for work” you should inform your line manager immediately. We will discuss with you any additional measures that may be needed to facilitate your return to work, taking account of your doctor’s advice. This may take place at a return to work interview. If appropriate measures cannot be taken, you will remain on sick leave and we will set a date to review the situation.

7.19. Where we are concerned about the reason for absence, or the level of frequent short-term absence, we may require a medical certificate for each absence regardless of duration. In such circumstances, we may cover any costs incurred in obtaining such medical certificates, for absences of a week or less, on production of a doctor’s invoice.

Unauthorised absence

7.20. Cases of unauthorised absence will be dealt with under our Disciplinary Procedure.

7.21. Absence that has not been notified according to the sickness absence reporting procedure will be treated as unauthorised absence.

7.22. If you do not report for work and have not telephoned your line manager to explain the reason for your absence, your line manager will try to contact you, by telephone and in writing if necessary. This should not be treated as a substitute for reporting sickness absence.

Sick Pay

7.23. You may be entitled to Statutory Sick Pay (SSP) if you satisfy the relevant statutory requirements. Qualifying days for SSP are Monday to Friday, or as set out in your employment contract. The rate of SSP is set by the government in April each year. No SSP is payable for the first three consecutive days of absence. It starts on the fourth day of absence and may be payable for up to 28 weeks. If you are not eligible for SSP or if your SSP entitlement is coming to an end we will give you a form SSP1 telling you the reasons.

7.24. The principal requirements in order to qualify for SSP are that you must:

    (a) have four or more consecutive days of sickness (which may include Saturdays, Sundays and holidays) during which you are too ill to be capable of doing your work;

    (b)  notify your absence to your line manager on the first day of absence and thereafter weekly; and

    (c) supply evidence of incapacity, namely a self-certification form for periods of less than seven calendar days and a Fit Note for any period after the first seven calendar days.

Sick Leave and Holidays

7.25. The minimum holiday entitlement required under the Working Time Regulations 1998 will continue to accrue if you are absent due to illness. Holidays in excess of the minimum entitlement required under the Working Time Regulations 1998 will not continue to accrue during any period of sickness absence.

7.26. If you become sick or injured while on annual leave such that you would be unfit for work you may ask us to treat the period of incapacity as sick leave and reclaim the annual leave.

7.27. If your period of sick leave extends into the next holiday year, or if there is not enough time left in the current holiday year to make it practicable to take your remaining holiday entitlement, you can carry any unused holiday entitlement over to the following leave year to be used within two months of your return to work. Any annual leave not taken within 15 months of the end of the holiday year in which it accrues (whether or not you have returned to work) will be lost.

Keeping in contact during sickness absence

7.28. If you are absent on sick leave you should expect to be contacted from time to time by your line manager in order to discuss your wellbeing, expected length of continued absence from work and any of your work that requires attention. Such contact is intended to provide reassurance and will be kept to a reasonable minimum.

7.29. If you have any concerns while absent on sick leave, whether about the reason for your absence or your ability to return to work, you should feel free to contact your line manager at any time.

Medical examinations

7.30. We may, at any time in operating this policy, ask you to consent to a medical examination by Occupational Health and/or a doctor nominated by us (at our expense).

7.31. You will be asked to agree that any report produced in connection with any such examination may be disclosed to us and that we may discuss the contents of the report with our advisers and the relevant doctor.

Return-to-work interviews

7.32. If you have been absent on sick leave, we will arrange for you to have a return-to-work interview with your line manager.

7.33. A return-to-work interview enables us to confirm the details of your absence. It also gives you the opportunity to raise any concerns or questions you may have, and to bring any relevant matters to our attention.

7.34. Where your doctor has provided a certificate stating that you “may be fit for work” we will usually hold a return-to-work interview to discuss any additional measures that may be needed to facilitate your return to work, taking account of your doctor’s advice.

7.35. We are committed to helping members of staff return to work from long-term sickness absence. We will, where appropriate and possible, support returns to work by:

    (a) Obtaining medical advice;

    (b) Making reasonable adjustments to the workplace, working practices and working hours;

    (c) Considering redeployment; and/or

    (d) Agreeing a return to work programme with everyone affected.

Sickness absence meetings procedure

7.36. We may apply this procedure whenever we consider it necessary, including, for example, if you:

    (a) Have been absent due to illness on a number of occasions;

    (b)  Have discussed matters at a return to work interview that require investigation; and/or

    (c) Have been absent for more than 5 days.

7.37. Unless it is impractical to do so, we will give you 7 days written notice of the date, time and place of a sickness absence meeting. We will put any concerns about your sickness absence and the basis for those concerns in writing or otherwise advise why the meeting is being called. A reasonable opportunity for you to consider this information before a meeting will be provided.

7.38. The meeting will be conducted by your line manager and/or another suitable member of the management team. You may bring a companion with you to the meeting.

7.39. You must take all reasonable steps to attend a meeting. Failure to do so without good reason may be treated as misconduct. If you or your companion are unable to attend at the time specified you should immediately inform your line manager who will seek to agree an alternative time.

7.40. Confirmation of any decision made at a meeting, the reasons for it, and of the right of appeal will be given to you in writing usually within 21 days of a sickness absence meeting (unless this time scale is not practicable, in which case it will be provided as soon as is reasonably practicable).

7.41. If, at any time, your line manager considers that you have taken or are taking sickness absence when you are not unwell, they may refer matters to be dealt with under our Disciplinary Procedure.

Right to be accompanied at meetings

7.42. You may bring a companion to any meeting or appeal meeting under this procedure.

7.43. Your companion may be either a trade union representative or a fellow employee. Their identity must be confirmed to the manager conducting the meeting, in good time before it takes place.

7.44. Some companions may not be allowed: for example, anyone who may have a conflict of interest, or whose presence may prejudice a meeting. Companions should not normally work at another site, unless no-one reasonably suitable is available at the site at which you work.

7.45. A companion may make representations, ask questions, and sum up your position, but will not be allowed to answer questions on your behalf. You may confer privately with your companion at any time during a meeting.

Stage 1: first sickness absence meeting

7.46. The purposes of a first sickness absence meeting may include:

    (a) Discussing the reasons for absence.

    (b) Where you are on long-term sickness absence, determining how long the absence is likely to last.

    (c) Where you have been absent on a number of occasions, determining the likelihood of further absences.

    (d) Considering whether medical advice is required.

    (e) Considering what, if any, measures might improve your health and/or attendance.

    (f) Agreeing a way forward, action that will be taken and a time-scale for review and/or a further meeting under the sickness absence procedure.

Stage 2: further sickness absence meeting(s)

7.47. Depending on the matters discussed at the first stage of the sickness absence procedure, a further meeting or meetings may be necessary.

7.48. The purposes of further meeting(s) may include:

    (a) Discussing the reasons for and impact of your ongoing absence(s).

    (b) Where you are on long-term sickness absence, discussing how long your absence is likely to last.

    (c) Where you have been absent on a number of occasions, discussing the likelihood of further absences.

    (d) If it has not been obtained, considering whether medical advice is required. If it has been obtained, considering the advice that has been given and whether further advice is required.

    (e) Considering your ability to return to/remain in your job in view both of your capabilities and our business needs and any adjustments that can reasonably be made to your job to enable you to do so.

    (f) Considering possible redeployment opportunities and whether any adjustments can reasonably be made to assist in redeploying you.

    (g) Where you are able to return from long-term sick leave, whether to your job or a redeployed job, agreeing a return to work programme.

    (h) If it is considered that you are unlikely to be able to return to work from long-term absence, whether there are any benefits for which you should be considered.

    (i) Agreeing a way forward, action that will be taken and a time-scale for review and/or a further meeting(s). This may, depending on steps we have already taken, include warning you that you are at risk of dismissal.

Stage 3: final sickness absence meeting

7.49. Where you have been warned that you are at risk of dismissal, we may invite you to a meeting under the third stage of the sickness absence procedure.

7.50. The purposes of the meeting will be:

    (a) To review the meetings that have taken place and matters discussed with you.

    (b) Where you remain on long-term sickness absence, to consider whether there have been any changes since the last meeting under stage two of the procedure, either as regards your possible return to work or opportunities for return or redeployment.

    (c) To consider any further matters that you wish to raise.

    (d) To consider whether there is a reasonable likelihood of you returning to work or achieving the desired level of attendance in a reasonable time.

    (e) To consider the possible termination of your employment.

7.51. Termination will normally be with full notice or payment in lieu of notice.

Appeals

7.52. You may appeal against the outcome of any stage of this procedure and you may bring a companion to an appeal meeting.

7.53. An appeal should be made in writing, stating the full grounds of appeal, to Adam Vickers, Director within 7 days of the date on which the decision was sent to you.

7.54. Unless it is not practicable, you will be given written notice of an appeal meeting within one week of the meeting. In cases of dismissal the appeal will be held as soon as possible. Any new matters raised in an appeal may delay an appeal meeting if further investigation is required.

7.55. You will be provided with written details of any new information which comes to light before an appeal meeting. You will also be given a reasonable opportunity to consider this information before the meeting.

7.56. Where practicable, an appeal meeting will be conducted by a manager senior to the individual who conducted the sickness absence meeting.

7.57. Following an appeal the original decision may be confirmed, revoked or replaced with a different decision. The final decision will be confirmed in writing, if possible within 14-21 days of the appeal meeting. There will be no further right of appeal.

7.58. The date that any dismissal takes effect will not be delayed pending the outcome of an appeal. However, if the appeal is successful, the decision to dismiss will be revoked with no loss of continuity or pay.

8. CAPABILITY PROCEDURE

8.1. The primary aim of this procedure is to provide a framework within which managers can work with employees to maintain satisfactory performance standards and to encourage improvement where necessary.

What is covered by the policy?

8.2. This policy is used to deal with poor performance (by which we mean lack of skill and aptitude in undertaking a job role). It does not apply to cases involving genuine sickness absence, proposed redundancies or misconduct.

8.3. It is our policy to ensure that concerns over performance are dealt with fairly and that steps are taken to establish the facts and to give employees the opportunity to respond at a hearing before any formal action is taken.

Identifying performance issues

8.4. In the first instance, performance issues should normally be dealt with informally between you and your line manager as part of day-to-day management. Where appropriate, a note of any such informal discussions may be placed on your personnel file but will be ignored for the purposes of any future capability hearings. The formal procedure should be used for more serious cases, or in any case where an earlier informal discussion has not resulted in a satisfactory improvement. Informal discussions may help:

    (a) clarify the required standards;

    (b) identify areas of concern;

    (c) establish the likely causes of poor performance and identify any training needs; and/or

    (d) set targets for improvement and a time-scale for review.

8.5. Employees will not normally be dismissed for performance reasons without previous warnings. However, in serious cases of gross negligence, or in any case involving an employee who has not yet completed their probationary period, dismissal without previous warnings may be appropriate.

8.6. If we have concerns about your performance, we will undertake an assessment to decide if there are grounds for taking formal action under this procedure. The procedure involved will depend on the circumstances but may involve reviewing your personnel file including any appraisal records, gathering any relevant documents, monitoring your work and, if appropriate, interviewing you and/or other individuals confidentially regarding your work.

8.7. Where you are failing to perform to a satisfactory level, the purpose of this capability procedure is to encourage and help you to improve your performance to a level acceptable to the Company.

Disabilities

8.8. Consideration will be given to whether poor performance may be related to a disability and, if so, whether there are reasonable adjustments that could be made to your working arrangements, including changing your duties or providing additional equipment or training. We may also consider making adjustments to this procedure in appropriate cases.

8.9. If you wish to discuss this or inform us of any medical condition you consider relevant, you should contact your line manager.

Confidentiality

8.10. Our aim is to deal with performance matters sensitively and with due respect for the privacy of any individuals involved. All employees must treat as confidential any information communicated to them in connection with a matter which is subject to this capability procedure.

8.11. You, and anyone accompanying you (including witnesses), must not make electronic recordings of any meetings or hearings conducted under this procedure.

8.12. You will normally be told the names of any witnesses whose evidence is relevant to your capability hearing, unless we believe that a witness’s identity should remain confidential.

Notification of a capability hearing

8.13. If we consider that there are grounds for taking formal action over alleged poor performance, you will be required to attend a capability hearing. We will notify you in writing of our concerns over your performance, the reasons for those concerns, and the likely outcome if we decide after the hearing that your performance has been unsatisfactory. We will also include the following where appropriate:

    (a) A summary of relevant information gathered as part of any investigation.

    (b)  A copy of any relevant documents which will be used at the capability hearing.

    (c) A copy of any relevant witness statements, except where a witness’s identity is to be kept confidential, in which case we will give you as much information as possible while maintaining confidentiality.

8.14. We will give you written notice of the date, time and place of the capability hearing. The hearing will be held as soon as reasonably practicable, but you will be given a reasonable amount of time, usually two to seven days, to prepare your case based on the information we have given you.

Right to be accompanied at hearings

8.15. You may bring a companion to any capability hearing or appeal hearing under this procedure. The companion may be either a trade union representative or a colleague. You must tell the manager conducting the hearing who your chosen companion is, in good time before the hearing.

8.16. A companion is allowed reasonable time off from duties without loss of pay but no-one is obliged to act as a companion if they do not wish to do so.

8.17. If your choice of companion is unreasonable we may require you to choose someone else.

8.18. We may, at our discretion, allow you to bring a companion who is not a colleague or union representative (for example, a member of your family) where this will help overcome a particular difficulty caused by a disability, or where you have difficulty understanding English.

Procedure at capability hearings

8.19. If you or your companion cannot attend the hearing you should inform us immediately and we will usually arrange an alternative time. You must make every effort to attend the hearing, and failure to attend without good reason may be treated as misconduct in itself. If you fail to attend without good reason, or are persistently unable to do so (for example, for health reasons), we may have to take a decision based on the available evidence.

8.20. The hearing will normally be held by your line manager or a more senior member of the management team. You may bring a companion (trade union representative or colleague) with you to the hearing. Your companion may make representations, ask questions, and sum up your case, but will not be allowed to answer questions on your behalf. You may confer privately with your companion at any time during the hearing.

8.21. You may ask relevant witnesses to appear at the hearing, provided you give us sufficient advance notice to arrange their attendance. You will be given the opportunity to respond to any information given by a witness.

8.22. The aims of a capability hearing will usually include:

    (a) Setting out the required standards that we believe you may have failed to meet, and going through any relevant evidence that we have gathered.

    (b) Allowing you to ask questions, present evidence, call witnesses, respond to evidence and make representations.

    (c) Establishing the likely causes of poor performance including any reasons why any measures taken so far have not led to the required improvement.

    (d) Identifying whether there are further measures, such as additional training or supervision, which may improve performance.

    (e) Where appropriate, discussing targets for improvement and a time-scale for review.

    (f) If dismissal is a possibility, establishing whether there is any likelihood of a significant improvement being made within a reasonable time and whether there is any practical alternative to dismissal, such as redeployment.

8.23. A hearing may be adjourned if we need to gather any further information or give consideration to matters discussed at the hearing. You will be given a reasonable opportunity to consider any new information obtained before the hearing is reconvened.

8.24. We will inform you in writing of our decision and our reasons for it, usually within one week of the capability hearing. Where possible we will also explain this information to you in person.

Stage 1 hearing: first written warning

8.25. Following a Stage 1 capability hearing, if we decide that your performance is unsatisfactory, we will give you a first written warning, setting out:

    (a) The areas in which you have not met the required performance standards.

    (b)  Targets for improvement.

    (c) Any measures, such as additional training or supervision, which will be taken with a view to improving performance.

    (d)  A period for review.

    (e) The consequences of failing to improve within the review period, or of further unsatisfactory performance.

8.26. The warning will normally remain active for six months from the end of the review period, after which time it will be disregarded for the purposes of the capability procedure.

8.27. After the active period, the warning will remain permanently on your personnel file but will be disregarded in deciding the outcome of future capability proceedings.

8.28. Your performance will be monitored during the review period and we will write to inform you of the outcome:

    (a) if your line manager is satisfied with your performance, no further action will be taken;

    (b) if your line manager is not satisfied, the matter may be progressed to a Stage 2 capability hearing; or

    (c) if the manager feels that there has been a substantial but insufficient improvement, the review period may be extended.

Stage 2 hearing: final written warning

8.29. If your performance does not improve within the review period set out in a first written warning, or if there is further evidence of poor performance while your first written warning is still active, we may decide to hold a Stage 2 capability hearing. We will send you written notification.

8.30. Following a Stage 2 capability hearing, if we decide that your performance is unsatisfactory, we will give you a final written warning, setting out:

    (a) the areas in which you have not met the required performance standards;

    (b) targets for improvement;

    (c) any measures, such as additional training or supervision, which will be taken with a view to improving performance;

    (d) a period for review; and

    (e) the consequences of failing to improve within the review period, or of further unsatisfactory performance.

8.31. A final written warning will normally remain active for six months from the end of the review period. After the active period, the warning will remain permanently on your personnel file but will be disregarded in deciding the outcome of future capability proceedings.

8.32. Your performance will be monitored during the review period and we will write to inform you of the outcome:

    (a) if your line manager is satisfied with your performance, no further action will be taken;

    (b) if your line manager is not satisfied, the matter may be progressed to a Stage 3 capability hearing; or

    (c) if the manager feels that there has been a substantial but insufficient improvement, the review period may be extended.

Stage 3 hearing: dismissal or redeployment

8.33. We may decide to hold a Stage 3 capability hearing if we have reason to believe:

    (a) your performance has not improved sufficiently within the review period set out in a final written warning;

    (b) your performance is unsatisfactory while a final written warning is still active; or

    (c) your performance has been grossly negligent such as to warrant dismissal without the need for a final written warning.

    We will send you written notification of the hearing. Following the hearing, if we find that your performance is unsatisfactory, we may consider a range of options including:

    (d) Dismissing you.

    (e) Redeploying you into another suitable job at the same or a lower grade.

    (f) Extending an active final written warning and setting a further review period (in exceptional cases where we believe a substantial improvement is likely within the review period).

    (g) Giving a final written warning (where no final written warning is currently active).

8.34. Dismissal will normally be with full notice or payment in lieu of notice, unless your performance has been so negligent as to amount to gross misconduct, in which case we may dismiss you without notice or any pay in lieu.

Appeals against action for poor performance

8.35. If you feel that a decision about poor performance under this procedure is wrong or unjust you should appeal in writing, stating your full grounds of appeal, to Adam Vickers within one week of the date on which you were informed in writing of the decision.

8.36. If you are appealing against dismissal, the date on which dismissal takes effect will not be delayed pending the outcome of the appeal. However, if your appeal is successful you will be reinstated with no loss of continuity or pay.

8.37. We will give you written notice of the date, time and place of the appeal hearing. This will normally be two to seven days after you receive the written notice.

8.38. Where possible, the appeal hearing will be conducted by a more senior manager/director who has not been previously involved in the case You may bring a companion with you to the appeal hearing.

8.39. A hearing may be adjourned if we need to gather any further information or give consideration to matters discussed at the hearing. You will be given a reasonable opportunity to consider any new information obtained before the hearing is reconvened.

8.40. Following the appeal hearing we may:

    (a) confirm the original decision;

    (b) revoke the original decision; or

    (c) substitute a different penalty.

8.41. We will inform you in writing of our final decision as soon as possible, usually within one week of the appeal hearing. Where possible we will also explain this to you in person. There will be no further right of appeal.

9. DISCIPLINARY RULES

9.1. These Disciplinary Rules should be read in conjunction with our Disciplinary Procedure. The aim of the Disciplinary Rules and Disciplinary Procedure is to set out the standards of conduct expected of all staff and to provide a framework within which managers can work with staff to maintain those standards and encourage improvement where necessary.

9.2. It is our policy to ensure that any disciplinary matter is dealt with fairly and in accordance with the Disciplinary Procedure.

Rules of conduct

9.3. While working for us you should at all times maintain professional and responsible standards of conduct. In particular you should:

    (a) observe the terms and conditions of your contract, particularly with regard to:

      (i) hours of work;

      (ii) confidentiality;

    (b) observe all our policies, procedures and regulations which are included in this Handbook or notified to you from time to time by means of notice boards, e-mail, the intranet or otherwise;

    (c) take reasonable care in respect of the health and safety of colleagues and third parties;

    (d) comply with all reasonable instructions given by managers;

    (e) act at all times in good faith and in the best interests of the Company, its customers and staff;

    (f) arrive at work promptly, ready to start work at your contracted starting times, and are required to remain at work until your contracted finishing times;

    (g) work additional hours at short notice, as the needs of the business require;

    (h) obtain management authorisation if for any reason you wish to arrive later or leave earlier than your normal start and finish times; The Company reserves the right not to pay you in respect of working time lost because of poor timekeeping;

      (i)  record your own time on commencing and finishing work. Any errors or omissions must be corrected by you and raised with management who will authorise or endorse any amendment; and

      (j) maintain satisfactory standards of performance at work, a high level of quality, accuracy and diligence.

9.4. Failure to maintain satisfactory standards of conduct may result in action being taken under our Disciplinary Procedure.

9.5. We may consider your actions outside work (including on social media) to be gross misconduct, or misconduct, if they affect your ability to carry out your job or have a negative effect on our reputation.

Misconduct

9.6. The following are examples of matters that will normally be regarded as misconduct and will be dealt with under our Disciplinary Procedure:

    (a) Minor breaches of our policies including the Sickness Absence Policy and Electronic Information and Communications Systems Policy;

    (b) Minor breaches of your contract;

    (c) Damage to, or unauthorised use of, our property;

    (d) Poor timekeeping;

    (e) Poor attendance and persistent short term absences;

    (f) Time wasting;

    (g) Unauthorised absence from work;

    (h) Refusal to follow instructions;

    (i) Excessive use of our telephones for personal calls;

    (j) Excessive personal e-mail or internet usage;

    (k) Obscene language or other offensive behaviour;

    (l) Negligence in the performance of your duties.

    This list is intended as a guide and is not exhaustive.

Gross misconduct

9.7. Gross misconduct is a serious breach of contract and includes misconduct which, in our opinion, is likely to prejudice our business or reputation or irreparably damage the working relationship and trust between employer and employee. Gross misconduct will be dealt with under our Disciplinary Procedure and will normally lead to dismissal without notice or pay in lieu of notice (summary dismissal).

9.8. The following are examples of matters that are normally regarded as gross misconduct:

    (a) Theft or fraud, forgery or other dishonesty, including fabrication of expense claims and time sheets;

    (b) Any breach of regulatory requirements and/or industry standards;

    (c) Physical violence or bullying;

    (d) Deliberate and serious damage to property;

    (e) Serious misuse of our property or name;

    (f) Deliberately accessing internet sites containing pornographic, offensive or obscene material;

    (g) Serious insubordination or serious failure to obey instructions;

    (h) Unlawful discrimination, bullying or harassment;

    (i) Bringing the organisation into serious disrepute;

    (j) Malicious, derogatory, defamatory and/or any damaging statements about the Company, its officers and/or directors (whether made orally and/or in writing);

    (k) Serious incapability at work brought on by alcohol or illegal drugs;

    (l) Causing loss, damage or injury through serious negligence;

    (m) Serious breach of health and safety rules;

    (n) Serious breach of confidence;

    (o) Acceptance of bribes or other secret payments;

    (p) Conviction for a criminal offence that in our opinion may affect our reputation or our relationships with our staff, customers or the public, or otherwise affects your suitability to continue to work for us;

    (q) Possession, use, supply or attempted supply of illegal drugs;

    (r) Serious neglect of duties, or a serious or deliberate breach of your contract or operating procedures;

    (s) Unauthorised use, processing or disclosure of personal data contrary to our Data Protection Policy;

    (t) Harassment of, or discrimination against, employees, contractors, clients or members of the public, related to gender, marital or civil partner status, gender reassignment, race, colour, nationality, ethnic or national origin, disability, religion or belief or age

    (u) Giving false information as to qualifications or entitlement to work (including immigration status) in order to gain employment or other benefits;

    (v) Serious misuse of our information technology systems (including misuse of developed or licensed software, use of unauthorised software and misuse of e-mail and the internet) contrary to our Electronic Information and Communications Systems Policy;

    This list is intended as a guide and is not exhaustive.

10. DISCIPLINARY PROCEDURE

10.1. The aims of this Disciplinary Procedure are to set out the standards of conduct expected of all staff and to provide a framework within which managers can work with employees to maintain satisfactory standards of conduct and to encourage improvement where necessary.

10.2. It is our policy to ensure that any disciplinary matter is dealt with fairly and that steps are taken to establish the facts and to give employees the opportunity to respond before taking any formal action.

What is covered by the procedure?

10.3. This procedure is used to deal with misconduct. It does not apply to cases involving genuine sickness absence, proposed redundancies or poor performance.

10.4. Minor conduct issues can often be resolved informally between you and your line manager. These discussions should be held in private and without undue delay whenever there is cause for concern. Where appropriate, a note of any such informal discussions may be placed on your personnel file but will be ignored for the purposes of any future capability hearings. In some cases an informal verbal warning may be given, which will not form part of your disciplinary records.

10.5. You will not normally be dismissed for a first act of misconduct, unless we decide it amounts to gross misconduct or you have not yet completed your probationary period.

Investigations

10.6. The purpose of an investigation is for us to establish a fair and balanced view of the facts relating to any disciplinary allegations against you, before deciding whether to proceed with a disciplinary hearing. The amount of investigation required will depend on the nature of the allegations and will vary from case to case. It may involve interviewing and taking statements from you and any witnesses, and/or reviewing relevant documents.

10.7. Investigative interviews are solely for the purpose of fact-finding and no decision on disciplinary action will be taken until after a disciplinary hearing has been held.

10.8. You do not normally have the right to bring a companion to an investigative interview. However, we may allow you to bring a companion if it helps you to overcome any disability, or any difficulty in understanding English.

10.9. You must co-operate fully and promptly in any investigation. This will include informing us of the names of any relevant witnesses, disclosing any relevant documents to us and attending investigative interviews if required.

Criminal charges

10.10. Where your conduct is the subject of a criminal investigation, charge or conviction we will investigate the facts before deciding whether to take formal disciplinary action.

10.11. We will not usually wait for the outcome of any prosecution before deciding what action, if any, to take. Where you are unable or have been advised not to attend a disciplinary hearing or say anything about a pending criminal matter, we may have to take a decision based on the available evidence.

10.12. A criminal investigation, charge or conviction relating to conduct outside work may be treated as a disciplinary matter if we consider that it is relevant to your employment.

Suspension

10.13. In some circumstances we may need to suspend you from work. The suspension will be for no longer than is necessary to investigate the allegations and we will confirm the arrangements to you in writing. While suspended you should not visit our premises or contact any of our clients, customers, suppliers, contractors or staff, unless you have been authorised to do so.

10.14. Suspension of this kind is not a disciplinary penalty and does not imply that any decision has already been made about the allegations. You will continue to receive your full basic salary and benefits during the period of suspension.

Notification of a hearing

10.15. Following any investigation, if we consider there are grounds for disciplinary action, you will be required to attend a disciplinary hearing. We will inform you in writing of the allegations against you, the basis for those allegations, and what the likely range of consequences will be if we decide after the hearing that the allegations are true. We will also include the following where appropriate:

    (a) a summary of relevant information gathered during the investigation;

    (b) a copy of any relevant documents which will be used at the disciplinary hearing; and

    (c) a copy of any relevant witness statements, except where a witness’s identity is to be kept confidential, in which case we will give you as much information as possible while maintaining confidentiality.

10.16. We will give you written notice of the date, time and place of the disciplinary hearing. The hearing will be held as soon as reasonably practicable, but you will be given a reasonable amount of time, usually two to seven days, to prepare your case based on the information we have given you.

The right to be accompanied

10.17. You may bring a companion to any disciplinary hearing or appeal hearing under this procedure. The companion may be either a trade union representative or a colleague. You must tell the manager conducting the disciplinary hearing who your chosen companion is, in good time before the hearing.

10.18. A companion is allowed reasonable time off from duties without loss of pay but no-one is obliged to act as a companion if they do not wish to do so.

10.19. If your choice of companion is unreasonable we may require you to choose someone else.

Procedure at disciplinary hearings

10.20. If you or your companion cannot attend the hearing you should inform us immediately and we will arrange an alternative time. You must make every effort to attend the hearing, and failure to attend without good reason may be treated as misconduct in itself. If you fail to attend without good reason, or are persistently unable to do so (for example for health reasons), we may have to take a decision based on the available evidence.

10.21. The hearing will be chaired by an appropriate manager/director. You may bring a companion with you to the disciplinary hearing.

10.22. At the disciplinary hearing we will go through the allegations against you and the evidence that has been gathered. You will be able to respond and present any evidence of your own. Your companion may make representations to us and ask questions, but should not answer questions on your behalf. You may confer privately with your companion at any time during the hearing.

10.23. You may ask relevant witnesses to appear at the hearing, provided you give us sufficient advance notice to arrange their attendance. You will be given the opportunity to respond to any information given by a witness.

10.24. We may adjourn the disciplinary hearing if we need to carry out any further investigations such as re-interviewing witnesses in the light of any new points you have raised at the hearing. You will be given a reasonable opportunity to consider any new information obtained before the hearing is reconvened.

10.25. We will inform you in writing of our decision and our reasons for it, usually within one week of the disciplinary hearing. Where possible we will also explain this information to you in person.

Disciplinary penalties

10.26. The usual penalties for misconduct are set out below. No penalty should be imposed without a hearing. We aim to treat all employees fairly and consistently, and a penalty imposed on another employee for similar misconduct will usually be taken into account but should not be treated as a precedent. Each case will be assessed on its own merits.

10.27. Stage 1 – First written warning. It will usually be appropriate for a first act of misconduct where there are no other active written warnings on your disciplinary record.

10.28. Stage 2 – Final written warning. It will usually be appropriate for:

    (a) misconduct where there is already an active written warning on your record; or

    (b) misconduct that we consider sufficiently serious to warrant a final written warning even though there are no other active warnings on your record.

10.29. Stage 3 – Dismissal. It will usually only be appropriate for:

    (a) any misconduct during your probationary period;

    (b) further misconduct where there is an active final written warning on your record; or

    (c) any gross misconduct regardless of whether there are active warnings on your record. Gross misconduct will usually result in immediate dismissal without notice or payment in lieu of notice (summary dismissal).

10.30. Alternatives to dismissal. In some cases we may at our discretion consider alternatives to dismissal. These will usually be accompanied by a final written warning. Examples include:

    (a) Demotion.

    (b) Transfer to another department or job.

    (c) A period of suspension without pay.

    (d) Loss of seniority.

    (e) Reduction in pay.

    (f) Loss of future pay increment or bonus.

    (g) Loss of overtime.

The effect of a warning

10.31. Written warnings will set out the nature of the misconduct, the change in behaviour required, the period for which the warning will remain active, and the likely consequences of further misconduct in that active period.

10.32. A first written warning will usually remain active for six months and a final written warning will usually remain active for 12 months.

10.33. After the active period, the warning will remain permanently on your personnel file but will be disregarded in deciding the outcome of future disciplinary proceedings.

Appeals against disciplinary action

10.34. If you feel that disciplinary action taken against you is wrong or unjust you should appeal in writing, stating your full grounds of appeal, to Adam Vickers, Managing Director within one week of the date on which you were informed of the decision.

10.35. If you are appealing against dismissal, the date on which dismissal takes effect will not be delayed pending the outcome of the appeal. However, if your appeal is successful you will be reinstated with no loss of continuity or pay.

10.36. If you raise any new matters in your appeal, we may need to carry out further investigation. If any new information comes to light we will provide you with a summary including, where appropriate, copies of additional relevant documents and witness statements. You will have a reasonable opportunity to consider this information before the hearing.

10.37. We will give you written notice of the date, time and place of the appeal hearing. This will normally be two to seven days after you receive the written notice.

10.38. The appeal hearing may be a complete re-hearing of the matter or it may be a review of the fairness of the original decision in the light of the procedure that was followed and any new information that may have come to light.

10.39. Where possible, the appeal hearing will be conducted impartially by a more senior manager who has not been previously involved in the case.

10.40. We may adjourn the appeal hearing if we need to carry out any further investigations in the light of any new points you have raised at the hearing. You will be given a reasonable opportunity to consider any new information obtained before the hearing is reconvened.

10.41. Following the appeal hearing we may:

    (a) confirm the original decision;

    (b) revoke the original decision; or

    (c)  substitute a different penalty.

10.42. We will inform you in writing of our final decision as soon as possible, usually within one week of the appeal hearing. Where possible we will also explain this to you in person. There will be no further right of appeal.

11. GRIEVANCE PROCEDURE

11.1. The Company is committed to ensuring that all employees have access to a procedure to help deal with any grievances relating to their employment fairly and without unreasonable delay.

11.2. Grievances are concerns, problems, or complaints that employees raise with their employers.

11.3. Where a grievance is raised, we aim to investigate any formal grievance, hold a meeting to discuss it with you, inform you in writing of the outcome, and give you a right of appeal if you are not satisfied.

11.4. This procedure applies to all employees regardless of length of service.

11.5. This policy does not form part of any employee’s contract of employment, and we may amend it at any time and the Company may use an alternative procedure depending on the circumstances of the particular case.

Using this procedure

11.6. Issues that could cause grievances may include:

  • terms and conditions of employment;
  • health and safety;
  • work relations;
  • bullying and harassment;
  • new working practices;
  • working environment;
  • organisational change; and

11.7. This Grievance Procedure should not be used to complain about dismissal or disciplinary action. If you are dissatisfied with any disciplinary action, you should submit an appeal under the appropriate procedure in this Handbook.

11.8. Written grievances will be placed on your personnel file along with a record of any decisions taken and any notes or other documents compiled during the grievance process. These will be processed in accordance with our Data Protection Policy.

RAISING GRIEVANCES INFORMALLY

11.9. Most grievances can be resolved quickly and informally through discussion with your line manager. If you feel unable to speak to your manager, for example, because the complaint concerns them, then you should speak informally to a more senior manager. If this does not resolve the issue, you should follow the formal procedure below.

Formal written grievances/strong>

11.10. If your grievance cannot be resolved informally you should put it in writing and submit it to your line manager, indicating that it is a formal grievance. If the grievance concerns your line manager, you may submit it to their immediate line manager or another member of the management team instead.

11.11. The written grievance should contain a brief description of the nature of your complaint, including any relevant facts, dates, names of individuals involved and state the precise outcome you seek to achieve from the process. In some situations, we may ask you to provide further information.

Investigations

11.12. It may be necessary for us to carry out an investigation into your grievance. The amount of any investigation required will depend on the nature of the allegations and will vary from case to case. It may involve interviewing and taking statements from you and any witnesses, and/or reviewing relevant documents. The investigation may be carried out by your line manager, or someone else appointed by us.

11.13. You must co-operate fully and promptly in any investigation. This may include informing us of the names of any relevant witnesses, disclosing any relevant documents to us and attending interviews, as part of our investigation.

11.14. We may initiate an investigation before holding a grievance meeting where we consider this appropriate. In other cases, we may hold a grievance meeting before deciding what investigation (if any) to carry out.

Right to be accompanied

11.15. You may bring a companion to any grievance meeting or appeal meeting under this procedure. The companion may be either a trade union representative or a colleague. You must tell the person holding the grievance meeting who your chosen companion is, in good time and at least three working days before the meeting.

11.16. At the meeting, your companion may make representations to us and ask questions but should not answer questions on your behalf. You may talk privately with them at any time during the meeting.

11.17. Acting as a companion is voluntary and your colleagues are under no obligation to do so. If they agree to do so, they will be allowed reasonable time off from duties without loss of pay to act as a companion.

11.18. If your chosen companion is unavailable at the time a meeting is scheduled and will not be available for more than five working days afterwards, we may ask you to choose someone else.

Grievance meetings

11.19. We will arrange a grievance meeting as soon as reasonably practicable following receipt of the grievance and appointment of the grievance hearing manager, subject to all of the attendees’ availability.

11.20. You and your companion (if any) should make every effort to attend grievance meetings. If you or your companion cannot attend at the time specified, you should inform us immediately and we will try, within reason, to agree an alternative time. If your chosen companion will not be available for more than five working days afterwards, the Company will usually request that the employee chooses someone else, to avoid any unnecessary delays.

11.21. The purpose of a grievance meeting is to enable you to explain your grievance and how you think it should be resolved, and to assist us to reach a decision based on the available evidence and the representations you have made.

11.22. After an initial grievance meeting, we may carry out further investigations and hold further grievance meetings as we consider appropriate. Such meetings will be arranged without unreasonable delay.

11.23. We will write to you as soon as reasonably practicable in the circumstances to inform you of the outcome of your grievance and any further action that we intend to take to resolve the grievance, taking into account the nature of the grievance, business as usual work demands and the availability of those involved.

11.24. We will also remind you of your right of appeal. Where appropriate we may hold a meeting to give you this information in person.

Appeals

11.25. If the grievance has not been resolved to your satisfaction you may appeal in writing to the person named in the grievance outcome letter, stating your full grounds of appeal, within one week of the date on which the decision was sent or given to you.

11.26. We will hold an appeal meeting, as soon as reasonably practicable of receiving your written appeal. This will be dealt with, impartially and where possible, by a more senior manager or director who has not previously been involved in the case (although they may ask anyone previously involved to be present). You have a right to bring a companion to the meeting.

11.27. We will confirm our final decision in writing as soon as reasonably practicable in all the circumstances, taking into account the nature of the grievance appeal, business as usual work demands and the availability of those involved.

11.28. The grievance appeal outcome may also (although will not necessarily) include recommendations or details of any other action the appeal hearing manager considers it might be appropriate to take to resolve the grievance appeal. Again, if any recommendations are made, they will be discussed the employee, however the Company will not be bound to implement them if it is not practicable or appropriate to do so.

11.29. This is the end of the procedure and there is no further right of appeal.

12. WHISTLEBLOWING POLICY

12.1. We are committed to conducting our business with honesty and integrity, and we expect all staff to maintain high standards. However, all organisations face the risk of things going wrong from time to time, or of unknowingly harbouring illegal or unethical conduct. A culture of openness and accountability is essential in order to prevent such situations occurring or to address them when they do occur.

12.2. The aims of this policy are:

    (a) To encourage staff to report suspected wrongdoing as soon as possible, in the knowledge that their concerns will be taken seriously and investigated as appropriate, and that their confidentiality will be respected.

    (b) To provide staff with guidance as to how to raise those concerns.

    (c) To reassure staff that they should be able to raise genuine concerns in good faith without fear of reprisals, even if they turn out to be mistaken.

What is whistleblowing?

12.3. Whistleblowing is the disclosure of information which relates to suspected wrongdoing or dangers at work.  This may include:

    (a) criminal activity

    (b) miscarriages of justice;

    (c)  danger to health and safety;

    (d) damage to the environment;

    (e)  failure to comply with any legal obligation or regulatory requirements;

    (f) financial fraud or mismanagement;

    (g) negligence;

    (h)  breach of our internal policies and procedures;

    (i) conduct likely to damage our reputation;

    (j) unauthorised disclosure of confidential information;

    (k) the deliberate concealment of any of the above matters.

12.4. A whistleblower is a person who raises a genuine concern in the public interest in relation to any of the above. If you have any genuine concerns related to suspected wrongdoing or danger affecting any of our activities (a whistleblowing concern) you should report it under this policy.

12.5. This policy should not be used for complaints relating to your own personal circumstances, such as the way you have been treated at work. In those cases you should use the Grievance Procedure.

Raising a whistleblowing concern

12.6. We hope that in many cases you will be able to raise any concerns with your line manager. You may tell them in person or put the matter in writing if you prefer. They may be able to agree a way of resolving your concern quickly and effectively.

12.7. We will arrange a meeting with you as soon as possible to discuss your concern. You may bring a colleague or union representative to any meetings under this policy. Your companion must respect the confidentiality of your disclosure and any subsequent investigation.

12.8. We will take down a written summary of your concern and provide you with a copy after the meeting. We will also aim to give you an indication of how we propose to deal with the matter.

12.9. The aim of this policy is to provide an internal mechanism for reporting, investigating and remedying any wrongdoing in the workplace. In most cases you should not find it necessary to alert anyone externally.

12.10. The law recognises that in some circumstances it may be appropriate for you to report your concerns to an external body such as a regulator. It will very rarely if ever be appropriate to alert the media. We strongly encourage you to seek advice before reporting a concern to anyone external.

Investigation and outcome

12.11. Once you have raised a concern, we will carry out an initial assessment to determine the scope of any investigation. We will inform you of the outcome of our assessment. You may be required to attend additional meetings in order to provide further information.

12.12. In some cases we may appoint an investigator or team of investigators including staff with relevant experience of investigations or specialist knowledge of the subject matter. The investigator(s) may make recommendations for change to enable us to minimise the risk of future wrongdoing.

12.13. We will aim to keep you informed of the progress of the investigation and its likely timescale. However, sometimes the need for confidentiality may prevent us giving you specific details of the investigation or any disciplinary action taken as a result. You should treat any information about the investigation as confidential.

12.14. If we conclude that a whistleblower has made false allegations maliciously, in bad faith or with a view to personal gain, the whistleblower will be subject to disciplinary action, including dismissal.

13. MATERNITY POLICY

13.1. This policy outlines the statutory rights and responsibilities of employees who are pregnant or have recently given birth, and sets out the arrangements for ante-natal care, pregnancy-related sickness, health and safety, and maternity leave. It does not apply to agency workers or the self-employed.

13.2. In some cases you and your spouse or partner may be eligible to opt into the shared parental leave (SPL) scheme which gives you more flexibility to share the leave and pay available in the first year after birth. However, you must take a period of compulsory maternity leave first. Details of SPL are set out in our Shared Parental Leave Policy.

Definitions

13.3. The definitions in this paragraph apply in this policy.

Expected Week of Childbirth: the week, starting on a Sunday, in which your doctor or midwife expects you to give birth.

Qualifying Week: the fifteenth week before the Expected Week of Childbirth.

Notification

13.4. You must inform us as soon as possible that you are pregnant.

13.5. Before the end of the Qualifying Week, or as soon as reasonably practical afterwards, you must tell us:

    (a) that you are pregnant;

    (b) the Expected Week of Childbirth; and

    (c) the date on which you would like to start your maternity leave (Intended Start Date)

13.6. You must provide a certificate from a doctor or midwife (usually on a MAT B1 form) confirming your Expected Week of Childbirth.

Time off for ante-natal care

13.7. If you are pregnant you may take reasonable paid time off during working hours for ante-natal care. You should try to give us as much notice as possible of the appointment.

13.8. We may ask you to provide the following, unless it is the first appointment:

    (a) a certificate from the doctor, midwife or health visitor stating that you are pregnant; and

    (b) an appointment card.

Sickness

13.9. Periods of pregnancy-related sickness absence shall be paid in accordance with the statutory sick pay scheme. Periods of pregnancy-related sickness absence from the start of your pregnancy until the end of your maternity leave will be recorded separately from other sickness records and will be disregarded in any future employment-related decisions.

13.10. Periods of pregnancy-related sickness absence shall be paid in accordance with the statutory sick pay in the same manner as any other sickness absence.

13.11. If you are absent for a pregnancy-related reason during the four weeks before your Expected Week of Childbirth, maternity leave will usually start automatically.

Health and safety

13.12. We have a general duty to take care of the health and safety of all employees. We are also required to carry out a risk assessment to assess the workplace risks to women who are pregnant, have given birth within the last six months or are still breastfeeding.

13.13. We will provide you with information as to any risks identified in the risk assessment, and any preventive and protective measures that have been or will be taken. If we consider that, as a new or expectant mother, you would be exposed to health hazards in carrying out your normal work we will take such steps as are necessary (for as long as they are necessary) to avoid those risks. This may involve:

    (a)  changing your working conditions or hours of work;

    (b)  offering you suitable alternative work on terms and conditions that are the same or not substantially less favourable; or

    (c)   suspending you from duties, which will be on full pay unless you have unreasonably refused suitable alternative work.

Entitlement to maternity leave

13.14. All employees are entitled to up to 52 weeks’ maternity leave which is divided into:

    (a) Ordinary maternity leave of 26 weeks (OML).

    (b) Additional maternity leave of a further 26 weeks immediately following OML (AML).

Starting maternity leave

13.15. The earliest date you can start maternity leave is 11 weeks before the Expected Week of Childbirth (unless your child is born prematurely before that date).

13.16. You must notify us of your Intended Start Date. We will then write to you within 28 days to inform you of the date we will expect you to return to work if you take your full entitlement to maternity leave (Expected Return Date).

13.17. You can postpone your Intended Start Date by informing us in writing at least 28 days before the original Intended Start Date, or if that is not possible, as soon as reasonably practicable.

13.18. You can bring forward the Intended Start Date by informing us at least 28 days before the new start date, or if that is not possible, as soon as reasonably practicable.

13.19. Maternity leave shall start on the earlier of:

    (a) your Intended Start Date (if notified to us in accordance with this policy); or

    (b) the day after any day on which you are absent for a pregnancy-related reason during the four weeks before the Expected Week of Childbirth; or

    (c) the day after you give birth.

13.20. If you are absent for a pregnancy-related reason during the four weeks before the Expected Week of Childbirth, you must let us know as soon as possible in writing. Maternity leave will be triggered unless we agree to delay it.

13.21. If you give birth before your maternity leave was due to start, you must let us know the date of the birth in writing as soon as possible.

13.22. The law prohibits you from working during the two weeks following childbirth.

13.23. Shortly before your maternity leave starts we will discuss with you the arrangements for covering your work and the opportunities for you to remain in contact, should you wish to do so, during your leave.

Statutory maternity pay

13.24. Statutory maternity pay (SMP) is payable for up to 39 weeks. SMP will stop being payable if you return to work (except where you are simply keeping in touch). You are entitled to SMP if:

    (a) you have been continuously employed for at least 26 weeks at the end of the Qualifying Week and are still employed by us during that week;

    (b) your average weekly earnings during the eight weeks ending with the Qualifying Week (the Relevant Period) are not less than the lower earnings limit set by the Government;

    (c)  you provide us with a doctor’s or midwife’s certificate (MAT B1 form) stating your Expected Week of Childbirth;

    (d)  you give at least 28 days’ notice (or, if that is not possible, as much notice as you can) of your intention to take maternity leave; and

    (e)  you are still pregnant 11 weeks before the start of the Expected Week of Childbirth or have already given birth.

13.25. SMP is calculated as follows:

    (a) First six weeks: SMP is paid at the Earnings-Related Rate of 90% of your average weekly earnings calculated over the Relevant Period;

    (b) Remaining 33 weeks: SMP is paid at the Prescribed Rate which is set by the Government for the relevant tax year, or the Earnings-Related Rate if this is lower.

13.26. SMP accrues from the day on which you commence your OML and thereafter at the end of each complete week of absence. SMP payments shall be made on the next normal payroll date and income tax, National Insurance and pension contributions shall be deducted as appropriate.

13.27. You shall still be eligible for SMP if you leave employment for any reason after the start of the Qualifying Week (for example, if you resign or are made redundant). In such cases, if your maternity leave has not already begun, SMP shall start to accrue in whichever is the later of:

    (a)  the week following the week in which employment ends; or

    (b)   the eleventh week before the Expected Week of Childbirth.

13.28. If you become eligible for a pay rise before the end of your maternity leave, you will be treated for SMP purposes as if the pay rise had applied throughout the Relevant Period. This means that your SMP will be recalculated and increased retrospectively, or that you may qualify for SMP if you did not previously qualify. We shall pay you a lump sum to make up the difference between any SMP already paid and the amount payable by virtue of the pay rise. Any future SMP payments at the Earnings-Related Rate (if any) will also be increased as necessary.

Terms and conditions during OML and AML

13.29. All the terms and conditions of your employment remain in force during OML and AML.

Annual leave

13.30. During OML and AML, annual leave will accrue at the rate provided under your contract.

13.31. If the holiday year is due to end during your maternity leave, you should ensure that you have taken the full year’s entitlement before starting your maternity leave.

Redundancies during maternity leave

13.32. If your post is affected by a redundancy situation occurring during your maternity leave, we shall write to inform you of any proposals and shall invite you to a meeting before any final decision is reached as to your continued employment.

Keeping in touch

13.33. We may make reasonable contact with you from time to time during your maternity leave.

13.34. You may work (including attending training) for up to ten days during maternity leave without bringing your maternity leave or SMP to an end. You are not obliged to undertake any such work during maternity leave. In any case, you must not work in the two weeks following birth.

13.35. Shortly before you are due to return to work, we may invite you to have a discussion (whether in person or by telephone) about the arrangements for your return. This may cover:

    (a)  updating you on any changes that have occurred during your absence;

    (b) any training needs you might have; and

    (c)  any changes to working arrangements

Expected return date

13.36. Once you have notified us in writing of your Intended Start Date, we shall send you a letter within 28 days to inform you of your Expected Return Date. If your start date has been changed (either because you gave us notice to change it, or because maternity leave started early due to illness or premature childbirth) we shall write to you within 28 days of the start of maternity leave with a revised Expected Return Date.

13.37. We will expect you back at work on your Expected Return Date unless you tell us otherwise. It will help us if, during your maternity leave, you are able to confirm that you will be returning to work as expected.

Returning early

13.38. If you wish to return to work earlier than the Expected Return Date, you must give us eight weeks’ prior notice. It is helpful if you give this notice in writing.

13.39. If not enough notice is given, we may postpone your return date until eight weeks after you gave notice, or to the Expected Return Date if sooner.

Returning late

13.40. If you wish to return later than the Expected Return Date, you should either:

    (a) request unpaid parental leave in accordance with our Parental Leave Policy, giving us as much notice as possible but not less than 21 days; or

    (b) request paid annual leave in accordance with your contract, which will be at our discretion.

13.41. If you are unable to return to work due to sickness or injury, this will be treated as sickness absence and our Sickness Absence Policy will apply.

13.42. In any other case, late return will be treated as unauthorised absence.

Deciding not to return

13.43. If you do not intend to return to work, or are unsure, it is helpful if you discuss this with us as early as possible. If you decide not to return you should give notice of resignation in accordance with your contract. The amount of maternity leave left to run when you give notice must be at least equal to your contractual notice period, otherwise we may require you to return to work for the remainder of the notice period.

13.44. Once you have given notice that you will not be returning to work, you cannot change your mind without our agreement.

13.45. This does not affect your right to receive SMP.

Your rights when you return

13.46. You are normally entitled to return to work in the same position as you held before commencing leave. Your terms of employment shall be the same as they would have been had you not been absent.

13.47. However, if you have taken any period of AML or more than four weeks’ parental leave, and it is not reasonably practicable for us to allow you to return into the same position, we may give you another suitable and appropriate job on terms and conditions that are not less favourable.

Switching to Shared Parental Leave

13.48. In some cases you and your spouse or partner may be eligible to opt into the SPL scheme which gives you more flexibility to share the leave and pay available in the first year after birth. Your partner should check with their employer if they are eligible.

Returning to work part-time/Flexible working

13.49. We will deal with any requests by employees to change their working patterns (such as working part-time) after maternity leave on a case-by-case basis. There is no absolute right to insist on working part-time, but you do have a statutory right to request flexible working and we will try to accommodate your wishes unless there is a justifiable reason for refusal, bearing in mind the needs of our business.

14. PATERNITY POLICY

14.1. This policy outlines employees’ entitlement to paternity leave and sets out the arrangements for taking it. The policy does not apply to agency workers or the self-employed.

14.2. No-one will be discriminated against or subjected to a detriment for taking leave in accordance with this policy.

14.3. In some cases you may be eligible to opt into the shared parental leave scheme which gives you and your Partner more flexibility to share the leave and pay available in the first year. Details are set out in our Shared Parental Leave (Birth) and Shared Parental Leave (Adoption) Policies.

Definitions

14.4. The definitions in this paragraph apply in this policy.

Partner: someone (whether of a different sex or the same sex) with whom you live in an enduring family relationship, but who is not your parent, grandparent, sister, brother, aunt or uncle.

Expected Week of Childbirth: the week, beginning on a Sunday, in which their doctor or midwife expects your spouse, civil partner or Partner to give birth.

Expected Placement Date: the date on which an adoption agency expects that it will place a child into your care with a view to adoption.

Entitlement to paternity leave

14.5. Certain employees can take paternity leave in relation to the birth or adoption of a child. However, in adoption cases paternity leave is not available to an employee who decides to take adoption leave.

14.6. You are entitled to ordinary paternity leave (OPL) if you meet all the following conditions:

    (a) You have been continuously employed by us for at least 26 weeks ending with:

      (i) in birth cases, the week immediately before the 14th week before the Expected Week of Childbirth.

      (ii) in adoption cases, the week in which you or your Partner are notified by an adoption agency that you/they have been matched with a child.

    (b)  You:

      (i) are the biological father of the child;

      (ii) have been matched with a child by an adoption agency;

      (iii) are the spouse, civil partner or Partner of the child’s mother; or

      (iv) are the spouse, civil partner or Partner of someone who has been matched with a child by an adoption agency.

    (c) You:

      (i) expect to have main responsibility (with the child’s mother, co-adopter or adopter) for the child’s upbringing; or

      (ii) are the child’s biological father and you expect to have some responsibility for the child’s upbringing.

    (d) Your intended leave is for the purpose of caring for the child, or supporting the child’s mother, adopter or co-adopter in caring for the child.

Timing and length of paternity leave

14.7. OPL must be taken as a period of either one week or two consecutive weeks. It cannot be taken in instalments.

14.8. OPL can be taken from the date of the child’s birth or adoption placement, but must end:

    (a) In birth cases, within 56 days of the child’s birth, or if the child is born before the first day of the Expected Week of Childbirth, within 56 days of the first day of the Expected Week of Childbirth.

    (b)  In adoption cases, within 56 days of the child’s placement.

14.9. APL must be taken as multiples of complete weeks and as one period. The minimum amount of APL that can be taken is two weeks and the maximum is 26 weeks.

14.10. APL must be taken in the period beginning 20 weeks after the child’s date of birth, or adoption placement, and ending 12 months after that date of birth or adoption.

Notification (birth)

14.11. If you wish to take OPL in relation to a child’s birth, you must give us notice in writing of your intention to do so and confirm:

    (a)  The Expected Week of Childbirth;

    (b) Whether you intend to take one week’s leave or two consecutive weeks’ leave; and

    (c) When you would like to start your leave. You can state that your leave will start on:

      (i) the day of the child’s birth;

      (ii) a day which is a specified number of days after the child’s birth; or

      (iii) a specific date later than the first date of the Expected Week of Childbirth.

14.12. You must give notice before the 14th week prior to the Expected Week of Childbirth (or, if this is not possible, as soon as you can).

14.13. We may require a signed declaration from you that you are taking OPL for a purpose for which it is intended; namely, to care for the child or to support the child’s mother in caring for the child.

14.14. If you wish to take APL in relation to a child’s birth, you must provide us with the following at least eight weeks before the date on which you would like to start your leave:

    (a)  A written “leave notice” stating:

      (i)  the Expected Week of Childbirth;

      (ii)  the child’s date of birth; and

      (iii) the dates on which you would like your APL to start and finish.

    (b) A signed “employee declaration” confirming that:

      (i) you are eitherthe child’s father or that you are the spouse, Partner or civil partner of the child’s mother;

      (ii)  apart from the child’s mother, you have or expect to have the main responsibility for the upbringing of the child; and

      (iii) you wish to take APL in order to care for the child.

    (c) A written “mother declaration” from the child’s mother stating:

      (i) her name, address and National Insurance number;

      (ii) the date she intends to return to work;

      (iii)  your relationship with the child;

      (iv)  that, to her knowledge, you are the only person exercising an entitlement to APL in respect of the child; and

      (v) that she consents to us processing the information she has provided.

14.15. We will write to you to confirm the start and finish dates of your APL within 28 days of receiving your leave notice, your employee declaration and the child’s mother’s declaration.

14.16. We may require you to provide a copy of the child’s birth certificate and the name and address of the mother’s employer or, if she is self-employed, her business address.

Statutory paternity pay

14.17. In this paragraph, Relevant Period means:

    (a) In birth cases, the eight-week period ending immediately before the 14th week before the Expected Week of Childbirth.

    (b) In adoption cases, the eight-week period ending immediately before the week in which you or your spouse, civil partner or Partner were notified of being matched with the child.

14.18. If you take OPL in accordance with this policy, you will be entitled to ordinary statutory paternity pay (OSPP) if, during the Relevant Period, your average weekly earnings are not less than the lower earnings limit set by the government.

14.19. If you take APL in accordance with this policy, you may be entitled to additional statutory paternity pay (ASPP). Whether and, if so, for how long you may be entitled to ASPP will depend on:

    (a) Your average weekly earnings being not less than the lower earnings limit set by the government during the Relevant Period; and

    (b) The child’s mother or your co-adopter, as the case may be, having returned to work with at least two weeks of their maternity allowance, maternity pay or adoption pay period remaining. Your entitlement to ASPP will equate to the number of weeks of unexpired maternity allowance, maternity pay or adoption pay that remained when the child’s mother or your co-adopter returned to work.

14.20. OSPP and ASPP are paid at a prescribed rate which is set by the government for the relevant tax year, or at 90% of your average weekly earnings calculated over the Relevant Period if this is lower.

Terms and conditions during OPL and APL

14.21. All the terms and conditions of your employment remain in force during OPL and APL.

Annual leave

14.22. During OPL and APL, annual leave will accrue at the rate provided under your contract.

14.23. If the holiday year is due to end during your absence on paternity leave, you should ensure that you have taken your full year’s entitlement before your paternity leave starts.

Redundancies during APL

14.24. In the event that your post is affected by a redundancy situation occurring during paternity leave, we shall write to inform you of any proposals and shall invite you to a meeting before any final decision is reached as to your continued employment.

Keeping in touch during APL

14.25. We may make reasonable contact with you from time to time during your APL.

14.26.  You may work (including attending training) for up to ten days during APL without bringing your paternity leave or your ASPP to an end. You are not obliged to undertake any such work during paternity leave.

14.27. Shortly before you are due to return to work, we may invite you to have a discussion (whether in person or by telephone) about the arrangements on your return. This may cover:

    (a)  Updating you on any changes that have occurred during your absence;

    (b) Any training needs you might have; and

    (c) Any changes to working arrangements (for example, that you may have requested come into effect on your return).

Returning to work

14.28. You are normally entitled to return to work following either OPL or APL to the same position you held before commencing leave. Your terms of employment will be the same as they would have been had you not been absent.

14.29. However, if you have combined your OPL or APL with a period of:

    (a)  additional maternity leave;

    (b)  additional adoption leave; or

    (c)  parental leave of more than four weeks,

    and it is not reasonably practicable for you to return to the same job, we will offer you a suitable and appropriate alternative position.

14.30. If you wish to return early from APL, you must give us at least six weeks’ prior notice.

14.31. If you wish to postpone your return from APL, you should either:

    (a) Request unpaid parental leave in accordance with our Parental Leave Policy, giving us as much notice as possible but not less than 21 days; or

    (b) Request paid annual leave in accordance with your contract, which will be at our discretion.

14.32. If you are unable to return to work from APL as expected due to sickness or injury, this will be treated as sickness absence and our Sickness Absence Policy will apply.

14.33. In any other case, a late return will be treated as unauthorised absence.

14.34. We will deal with any requests by employees to change their working patterns (such as working part-time) after paternity leave on a case-by-case basis. We will try to accommodate your wishes unless there is a justifiable reason for refusal, bearing in mind the needs of the business. It is helpful if requests are made as early as possible.

14.35. If you do not intend to return to work or are unsure, it is helpful if you discuss this with us as early as possible. If you decide not to return you should submit your resignation in accordance with your contract. Once you have done so you will be unable to change your mind without our agreement. This does not affect your right to receive SPP.

15. SHARED PARENTAL LEAVE (BIRTH) POLICY

15.1. This policy outlines the arrangements for shared parental leave and pay in relation to the birth of a child. If you are adopting a child please see the Shared Parental Leave (Adoption) Policy instead.

15.2. The following definitions apply to this policy.

Expected week of childbirth (EWC): the week, beginning on a Sunday, in which the doctor or midwife expects your child to be born.

Parent: One of two people who will share the main responsibility for the child’s upbringing (and who may be either the mother, the father, or the mother’s partner if not the father).

Partner: your spouse, civil partner or someone living with you in an enduring family relationship, but not your sibling, child, parent, grandparent, grandchild, aunt, uncle, niece or nephew.

Qualifying Week: the fifteenth week before the EWC.

What is Shared Parental Leave

15.3. Shared parental leave (SPL) is a form of leave that may be available if your child is expected to be born on or after 5 April 2015.

15.4. It gives you and your partner more flexibility in how to share the care of your child in the first year after birth than simply taking maternity and paternity leave. Assuming you are both eligible, you will be able to choose how to split the available leave between you, and can decide to be off work at the same time or at different times. You may be able to take leave in more than one block.

Entitlement to SPL

15.5. You are entitled to SPL in relation to the birth of a child if:

    (a) you are the child’s mother, and share the main responsibility for the care of the child with the child’s father or with your partner;

    (b) you are the child’s father and share the main responsibility for the care of the child with the child’s mother; or

    (c) you are the mother’s partner and share the main responsibility for the care of the child with the mother (where the child’s father does not share the main responsibility with the mother).

15.6. The following conditions must also be fulfilled:

    (a) you must have at least 26 weeks continuous employment with us by the end of the Qualifying Week, and still be employed by us in the week before the leave is to be taken;

    (b) the other parent must have worked (in an employed or self-employed capacity) in at least 26 of the 66 weeks before the EWC and had average weekly earnings of at least £30 during 13 of those weeks; and

    (c) you and the other parent must give the necessary statutory notices and declarations as summarised below, including notice to end any maternity leave, statutory maternity pay (SMP) or maternity allowance (MA) periods.

15.7. The total amount of SPL available is 52 weeks, less the weeks spent by the child’s mother on maternity leave (or the weeks in which the mother has been in receipt of SMP or MA if she is not entitled to maternity leave).

15.8. If you are the mother you cannot start SPL until after the compulsory maternity leave period, which lasts until two weeks after birth.

15.9. If you are the child’s father or the mother’s partner, you should consider using your two weeks’ paternity leave before taking SPL. Once you start SPL you will lose any untaken paternity leave entitlement. SPL entitlement is additional to your paternity leave entitlement.

Opting in to Shared Parental Leave and Pay

15.10. Not less than eight weeks before the date you intend your SPL to start, you must give us a written opt-in notice giving:

    (a) your name and the name of the other parent;

    (b)  if you are the child’s mother, the start and end dates of your maternity leave;

    (c) if you are the child’s father or the mother’s partner, the start and end dates of the mother’s maternity leave, or if she is not entitled to maternity leave, the start and end dates of any SMP or MA period;

    (d) the total SPL available, which is 52 weeks minus the number of weeks’ maternity leave, SMP or MA period taken or to be taken;

    (e) how many weeks of the available SPL will be allocated to you and how many to the other parent (you can change the allocation by giving us a further written notice, and you do not have to use your full allocation);

    (f) if you are claiming statutory shared parental pay (ShPP), the total ShPP available, which is 39 weeks minus the number of weeks of the SMP or MA period taken or to be taken);

    (g) how many weeks of available ShPP will be allocated to you and how much to the other parent. (You can change the allocation by giving us a further written notice, and you do not have to use your full allocation);

    (h) an indication of the pattern of leave you are thinking of taking, including suggested start and end dates for each period of leave (see paragraph for information on taking leave). This indication will not be binding at this stage, but please give as much information as you can about your future intentions; and

    (i) declarations by you and the other parent that you both meet the statutory conditions to enable you to take SPL and ShPP.

Ending your Maternity Leave

15.11. If you are the child’s mother and want to opt into the SPL scheme, you must give us at least eight weeks’ written notice to end your maternity leave (a curtailment notice) before you can take SPL. The notice must state the date your maternity leave will end. You can give the notice before or after you give birth, but you cannot end your maternity leave until at least two weeks after birth.

15.12. You must also give us, at the same time as the curtailment notice, a notice to opt into the SPL scheme paragraph has given their employer an opt-in notice and that you have given the necessary declarations in that notice.

15.13. The other parent may be eligible to take SPL from their employer before your maternity leave ends, provided you have given the curtailment notice.

15.14. The curtailment notice is binding and cannot usually be revoked. You can only revoke a curtailment notice if maternity leave has not yet ended and one of the following applies:

    (a) if you realise that neither you nor the other parent are in fact eligible for SPL or ShPP, in which case you can revoke the curtailment notice in writing up to eight weeks after it was given;

    (b) if you gave the curtailment notice before giving birth, you can revoke it in writing up to eight weeks after it was given, or up to six weeks after birth, whichever is later; or

    (c) if the other parent has died.

15.15. Once you have revoked a curtailment notice you will be unable to opt back into the SPL scheme.

Ending your partner’s Maternity Leave or Pay

15.16. If you are not the mother, but the mother is still on maternity leave or claiming SMP or MA, you will only be able to take SPL once she has either:

    (a) returned to work;

    (b) given her employer a curtailment notice to end her maternity leave;

    (c) given her employer a curtailment notice to end her SMP (if she is entitled to SMP but not maternity leave); or

    (d) given the benefits office a curtailment notice to end her MA (if she is not entitled to maternity leave or SMP).

Evidence of Entitlement

15.17. You must also provide on request:

    (a) A copy of the birth certificate (or if you have not yet obtained a birth certificate, a signed declaration of the child’s date and place of birth); and

    (b) The name and address of the other parent’s employer (or a declaration that they have no employer).

Booking your SPL Dates

15.18. Having opted into the SPL system, you must book your leave by giving us a period of leave notice. This may be given at the same time as the opt-in notice or later, provided it is at least eight weeks before the start of SPL.

15.19. The period of leave notice can either give the dates you want to take leave or, if the child has not been born yet, it can state the number of days after birth that you want the leave to start and end. This may be particularly useful if you intend to take paternity leave starting on the date of birth and wish to take SPL straight afterwards.

15.20. Leave must be taken in blocks of at least one week.

15.21. If your period of leave notice gives a single continuous block of SPL you will be entitled to take the leave set out in the notice.

15.22. If your period of leave notice requests split periods of SPL, with periods of work in between, we will consider your request in accordance with the Procedure for Requesting Split Periods of SPL (below).

15.23. You can give up to three period of leave notices. This may enable you to take up to three separate blocks of SPL (although if you give a notice to vary or cancel a period of leave this will in most cases count as a further period of leave notice.

Procedure for Requesting Split Periods of SPL

15.24. In general, a period of leave notice should set out a single continuous block of leave. We may be willing to consider a period of leave notice where the SPL is split into shorter periods with periods of work in between. It is best to discuss this with your line manager in good time before formally submitting your period of leave notice. This will give us more time to consider the request and hopefully agree a pattern of leave with you from the start.

15.25. If you want to request split periods of SPL, you must set out the requested pattern of leave in your period of leave notice. We will either agree to the request or start a two-week discussion period. At the end of that period, we will confirm any agreed arrangements in writing. If we have not reached agreement, you will be entitled to take the full amount of requested SPL as one continuous block, starting on the start date given in your notice (for example, if you requested three separate periods of four weeks each, they will be combined into one 12-week period of leave). Alternatively, you may:

    (a) choose a new start date (which must be at least eight weeks after your original period of leave notice was given), and tell us within five days of the end of the two-week discussion period; or

    (b) withdraw your period of leave notice within two days of the end of the two-week discussion period (in which case the notice will not be counted and you may submit a new one if you choose).

Changings the dates or cancelling your SPL

15.26. You can cancel a period of leave by notifying us in writing at least eight weeks before the start date in the period of leave notice.

15.27. You can change the start date for a period of leave by notifying us in writing at least eight weeks before the original start date or the new start date, whichever is earlier.

15.28. You can change the end date for a period of leave by notifying us in writing at least eight weeks before the original end date or the new end date, whichever is earlier.

15.29. You can combine discontinuous periods of leave into a single continuous period of leave. Since this will involve a change to the start date or end date of a period of leave, see above which sets out how much notice is required.

You can request that a continuous period of leave be split into two or more discontinuous periods of leave, with periods of work in between. We do not have to grant your request but will consider it.

Shared Parental Pay

15.30. You may be able to claim Statutory Shared Parental Pay (ShPP) of up to 39 weeks (less any weeks of SMP or MA claimed by you or your partner) if you have at least 26 weeks’ continuous employment with us at the end of the Qualifying Week and your average earnings are not less than the lower earnings limit set by the government each tax year. ShPP is paid by employers at a rate set by the government each year.

15.31. You should tell us in your period of leave notice(s) whether you intend to claim ShPP during your leave (and if applicable, for what period). If it is not in your period of leave notice you can tell us in writing, at least eight weeks before you want ShPP to start.

Other terms during SPL

15.32. Your terms and conditions of employment remain in force during SPL, except for the terms relating to pay.

15.33. Annual leave entitlement will continue to accrue at the rate provided under your contract. If your SPL will continue into the next holiday year, any holiday entitlement that cannot reasonably be taken before starting your leave can be carried over and must be taken immediately before returning to work unless your manager agrees otherwise. You should try to limit carry over to one week’s holiday or less.

15.34. If you are a member of the pension scheme, we will make employer pension contributions during any period of paid SPL, based on your normal salary, in accordance with the pension scheme rules. Any employee contributions you make will be based on the amount of any shared parental pay you are receiving, unless you inform the accountant team OR the Pensions Administrator) that you wish to make up any shortfall.

Keeping in Touch

15.35. We may make reasonable contact with you from time to time during your SPL although we will keep this to a minimum. This may include contacting you to discuss arrangements for your return to work.

15.36. You may ask or be asked to work (including attending training) on up to 20 “keeping-in-touch” days (KIT days) during your SPL. This is in addition to any KIT days that you may have taken during maternity leave. KIT days are not compulsory and must be discussed and agreed with your line manager.

15.37. You will be paid at your normal basic rate of pay for time spent working on a KIT day and this will be inclusive of any shared parental pay entitlement.

Returning to Work

15.38. If you want to end a period of SPL early, you must give us eight weeks’ written notice of the new return date. If have already given us three period of leave notices you will not be able to end your SPL early without our agreement.

15.39. If you want to extend your SPL, assuming you still have unused SPL entitlement remaining, you must give us a written period of leave notice at least eight weeks before the date you were due to return to work. If you have already given us three period of leave notices you will not be able to extend your SPL without our agreement. You may instead be able to request annual leave or ordinary parental leave (see our Parental Leave Policy), subject to the needs of the business.

15.40. You are normally entitled to return to work in the position you held before starting SPL, and on the same terms of employment. However, if it is not reasonably practicable for us to allow you to return into the same position, we may give you another suitable and appropriate job on terms and conditions that are not less favourable, but only in the following circumstances:

    (a) if your SPL and any maternity or paternity leave you have taken adds up to more than 26 weeks in total (whether or not taken consecutively); or

    (b) if you took SPL consecutively with more than four weeks of ordinary parental leave.

15.41. If you decide you do not want to return to work you should give notice of resignation in accordance with your contract.

16. PARENTAL LEAVE POLICY

About this policy

16.1. The law recognises and we respect that there will be occasions when working parents wish to take time off work to care for and spend time with their child/children.

16.2. This policy reflects the statutory right of employees with at least one year’s continuous service to take up to 18 weeks’ unpaid parental leave in respect of each child.

16.3. You will not be subjected to a detriment for taking or seeking to take parental leave in accordance with this policy.

16.4. All periods of parental leave are unpaid.

Entitlement to Parental Leave

16.5. Employees who meet the criteria set out below are entitled to take up to 18 weeks’ parental leave in relation to each child for whom they are responsible.

16.6. To take a period of parental leave in relation to a child, you must:

    (a) have at least one year’s continuous employment;

    (b)  have or expect to have responsibility for the child; and

    (c) be taking the leave to spend time with or otherwise care for the child.

16.7. You have a responsibility for a child if you:

    (a) are the child’s biological mother or father (whether or not you are living with the child);

    (b) are the child’s adoptive parent; or

    (c) otherwise have legal parental responsibility for the child, for example, if you are the child’s guardian, or a step-parent who has a parental responsibility agreement or parental responsibility order.

When parental leave may be taken

16.8. Parental leave must be taken:

    (a) in the case of the birth of your child, within five years of the birth;

    (b)  in the case of an adopted child, within five years of the date when the child is placed with you for adoption or before the child’s 18th birthday, whichever is the sooner;

    (c)  in the case of acquiring parental responsibility in another way, within five years of obtaining parental responsibility for a child.

    (d)  Where disability living allowance is awarded in respect of your child, your parental leave entitlement may be taken up to the child’s 18th birthday and may be taken on a daily, part daily or hourly basis.

Taking time off for parental leave

16.9. Parental leave can be taken for a maximum of 13 weeks for each child (unless the child is disabled). Thus if, for example, you have twins, you get parental leave for each of the twins. You may not take more than four weeks’ parental leave in any year. Each parent is entitled to parental leave.

16.10. You may only take parental leave in blocks of a week (unless your child is disabled). If you in fact take leave for a shorter period (eg one or two days) that will constitute a week’s leave for the purposes of calculating your 13 weeks’ leave entitlement (although you will continue to be paid as normal for the time you work).

16.11. If you work part-time or variable hours you have an entitlement to 13 weeks’ leave. For example if you work two days a week, a week’s parental leave will be two days’ absence, but will reduce your entitlement by a week. If you work variable hours, a week’s leave will be an average of the hours you work in a week, averaged over 52 weeks.

16.12. Where disability living allowance is awarded in respect of a child, parental leave can be taken for a maximum of 18 weeks for each child.

Procedure for notifying a request to take parental leave

16.13. If you wish to take parental leave you should notify your line manager of the dates when you wish your parental leave to start and end, at least 21 days in advance. If you are a father wishing to take parental leave immediately on the birth of a child you must request parental leave in the normal way and, in addition, provide 21 days’ written notice of the expected week of the birth. If you are adopting a child and wish to take parental leave immediately on adoption you must also give 21 days’ notice of the expected week of placement. If it is not reasonably practicable for you to comply with the 21 days’ notice requirements, you should give the notice as soon as reasonably practicable. If you give notice that you wish your leave to start on the date of birth or adoption and that date is sooner or later than expected, your leave will begin on the actual date of birth or adoption.

16.14. At the time of requesting parental leave, you should:

    (a) provide the name of the child in respect of whom you wish to take leave, stating his/her date of birth and your relationship to him/her;

    (b)  produce an appropriate birth or adoption certificate or such other supporting documentation;

    (c)  produce evidence of your child’s entitlement to a disability living allowance (where relevant);

    (d)  specify parental leave as the reason for absence; and

    (e) declare any periods of parental leave you have taken with a previous employer.

Periods of leave with other employers

16.15. The period of 13 weeks’ leave (or 18 weeks’ leave where disability living allowance applies) is the maximum you can take and periods of leave taken with a previous employer will be taken into account in calculating this period. The Company will expect you to declare any periods of leave with a previous employer either before or at the time of making a request for parental leave. The Company may check with your previous employer(s) how much parental leave you have taken at your previous employment(s).

17. DATA PROTECTION POLICY

17.1. Personal data about an employee includes name, age and address, bank details, attendance, performance and disciplinary records and other information that we need to comply with our legal and other obligations and business and administrative requirements as an employer.  Sensitive personal data includes more sensitive information that we may hold including details of marital status, racial or ethnic origin, trade union membership, physical or mental health and the details of any criminal or driving offences or alleged offences.

17.2. If you have access to personal data held by us (for example employee records or lists, or details relating to customers or others who are private individuals) you should ensure that such data is stored securely and that access to it is restricted on a need to know basis. Personal files are kept on a strictly confidential basis.

17.3. Personal data about employees, customers or suppliers should not be processed unless expressly permitted in accordance with this policy or authorised by us. The term “processing” includes storing, recording, transmitting and disclosing information.

17.4.If you are requested to transfer personal data (e.g. giving out a home telephone number of an employee or details of a customer or even if you are asked to disclose data to insurers or external advisors) you should first satisfy yourself that the transfer is authorised by us. Transfer of personal data to countries outside the EU must be authorised by a director.

17.5. We will process personal data in the following circumstances:

    a) to perform our contractual obligations to our staff, customers and suppliers including the payment of wages and the provision of benefits for staff and their families and dependants;

    b) to comply with our obligations to our employees, customers and suppliers under the general law including the keeping of records for sickness absence, working time, national minimum wage, taxation or social security purposes or law enforcement;

    c)  to provide information about employees to third parties who need it to provide us with services or to whom we provide services, or where they are taking responsibility for our employees or our business operations;

    d) to keep personal records for administrative purposes and for the purposes of assessing the performance of employees and their suitability for particular roles;

    e) to protect the interests of the Company or the employee, its customers or suppliers; and

    f) to monitor or promote equality of opportunity or treatment between persons of different racial or ethnic origin.

17.6. You should contact your line manager if you have questions concerning the processing of your own personal data. Non-compliance with this policy may be dealt with under the terms of our disciplinary procedure.

ELECTRONIC INFORMATION AND COMMUNICATIONS SYSTEMS POLICY

17.7. All staff are expected to protect our electronic communications systems and equipment from unauthorised access and harm at all times. Failure to do so may be dealt with under our Disciplinary Procedure and, in serious cases, may be treated as gross misconduct leading to summary dismissal.

Equipment security and passwords

17.8. Staff are responsible for the security of the equipment allocated to or used by them, and must not allow it to be used by anyone other than as permitted by this handbook.

17.9. If given access to the e-mail system or to the internet, staff are responsible for the security of their terminals. If leaving a terminal unattended or on leaving the office they should ensure that they lock their terminal or log off to prevent unauthorised users accessing the system in their absence. Staff without authorisation should only be allowed to use terminals under supervision.

17.10. Staff who have been issued with a laptop, PDA or Smart Phone must ensure that it is kept secure at all times, especially when travelling. Passwords must be used to secure access to data kept on such equipment to ensure that confidential data is protected in the event of loss or theft. Staff should also be aware that when using equipment away from the workplace, documents may be read by third parties, for example, passengers on public transport.

Systems and data security

17.11. Staff should not delete, destroy or modify existing systems, programs, information or data which could have the effect of harming our business or exposing it to risk.

17.12. No device or equipment should be attached to our systems without the prior approval of the IT department. This includes any USB flash drive, MP3 or similar device, PDA or telephone. It also includes use of the USB port, infra-red connection port or any other port.

17.13. We monitor all e-mails passing through our system for viruses. Workers should exercise caution when opening e-mails from unknown external sources or where, for any reason, an e-mail appears suspicious. We reserve the right to block access to attachments to e-mails for the purpose of effective use of the system and for compliance with this part of our handbook. We also reserve the right not to transmit any e-mail message.

17.14. Staff should not attempt to gain access to restricted areas of the network, or to any password-protected information, unless specifically authorised.

E-mail etiquette and content

17.15. Staff should not send abusive, obscene, discriminatory, racist, harassing, derogatory or defamatory e-mails about their colleagues, the Company and/or its officers and/or our clients or customers. Anyone who feels that they have been harassed or bullied, or are offended by material received from a colleague via e-mail should inform their line manager.

17.16. Staff should take care with the content of e-mail messages, as incorrect or improper statements can give rise to claims for discrimination, harassment, defamation, breach of confidentiality or breach of contract. Staff should assume that e-mail messages may be read by others and not include anything which would offend or embarrass any reader, or themselves, if it found its way into the public domain.

Use of the internet

17.17. Staff should not access any web page or any files (whether documents, images or other) downloaded from the internet which could, in any way, be regarded as illegal, offensive, in bad taste or immoral. While content may be legal in the UK, it may be in sufficient bad taste to fall within this prohibition. As a general rule, if any person (whether intended to view the page or not) might be offended by the contents of a page, or if the fact that our software has accessed the page or file might be a source of embarrassment if made public, then viewing it will be a breach of our Electronic Information and Communications Systems Policy.

Staff should not under any circumstances use our systems to participate in any internet chat room, post messages on any internet message board or set up or log text or information on a blog or wiki, even in their own time.

Personal use of systems

17.18. Personal use of our systems is a privilege and not a right. If during the course of your duties, you are provided with access to a computer, the internet and/or telephone, then access to our systems must be neither abused nor overused and we reserve the right to withdraw our permission at any time.

17.19. The following conditions must be met for personal usage to continue:

    (a) use must be minimal and take place substantially out of normal working hours (that is, during lunch hours, before 9 am or after 6 pm);

    (b) personal e-mails must be labelled “personal” in the subject header;

    (c) use must not interfere with business or office commitments;

    (d) use must not commit us to any marginal costs; and

    (e) use must comply with the policies set out in this handbook including the Equal Opportunities Policy, Anti-harassment Policy, Data Protection Policy and Disciplinary Procedure.

17.20. Staff should be aware that personal use of our systems will be monitored for compliance with the law, regulatory requirements and business purposes and, where breaches are found, action may be taken under the disciplinary procedure. We reserve the right to restrict or prevent access to certain telephone numbers or internet sites if we consider personal use to be excessive.

Monitoring of use of systems

17.21. Our systems enable us to monitor telephone, e-mail, voicemail, internet and other communications. Monitoring is only carried out to the extent permitted or as required by law and as necessary and justifiable for business purposes.

17.22. Access is granted to the internet, telephones and other electronic systems for legitimate business purposes only. Incidental personal use is permissible provided it is in full compliance with our rules, policies and procedures (including this policy, the Equal Opportunities Policy, Anti-harassment Policy, Data Protection Policy and Disciplinary Procedure).

17.23. Misuse or excessive use or abuse of our telephone or e-mail system, or inappropriate use of the internet in breach of this policy will be dealt with under our Disciplinary Procedure. Misuse of the internet can, in certain circumstances, constitute a criminal offence. In particular, misuse of the e-mail system or inappropriate use of the internet by participating in online gambling or chain letters or by creating, viewing, accessing, transmitting or downloading any of the following material will amount to gross misconduct (this list is not exhaustive):

    (a) pornographic material (that is, writing, pictures, films and video clips of a sexually explicit or arousing nature);

    (b) offensive, obscene, or criminal material or material which is liable to cause embarrassment to us or to our clients;

    (c) a false and defamatory statement about any person or organisation;

    (d) material which is discriminatory, offensive, derogatory or may cause embarrassment to others;

    (e) confidential information about us or any of our staff or clients (which you do not have authority to access);

    (f) any other statement which is likely to create any liability (whether criminal or civil, and whether for you or us); or

    (g) material in breach of copyright.

    Any such action will be treated very seriously and is likely to result in summary dismissal.

17.24. Where evidence of misuse is found we may undertake a more detailed investigation in accordance with our Disciplinary Procedure, involving the examination and disclosure of monitoring records to those nominated to undertake the investigation and any witnesses or managers involved in our Disciplinary Procedure. If necessary such information may be handed to the police in connection with a criminal investigation.

SOCIAL MEDIA POLICY

Scope and purpose of the policy

17.25. This policy deals with the use of all forms of social media, including Facebook, LinkedIn, Twitter, Wikipedia, Instagram, YouTube and all other social networking sites, including other internet postings and blogs.

17.26. It applies to the use of social media for both business and personal purposes, whether during office hours or otherwise.  The policy applies regardless of whether the social media is accessed using our IT facilities and equipment or equipment belonging to members of staff.

17.27. Social media platforms allow us to build connections and to share ideas and content more broadly and quickly, and we support their use. However, improper use of social media may give rise to a breach of your contract and/or our policies, and/or defamation (ie damaging the good reputation of another person or organisation), breach of data protection laws, misuse of our confidential information or that of our clients and/or suppliers and/or reputational damage.

17.28. This policy does not seek to regulate how staff use social media in a purely private capacity, provided that use has no bearing on the Company or its activities. This policy is intended to ensure that staff understand the rules governing their use of social media in relation to their work for us, or when referencing the Company, or where use of social media may affect us or our activities. It is designed to help you use these platforms and services responsibly, so as to minimise the risks set out above and to ensure consistent standards of use of social media.

17.29. Breach of this policy may result in disciplinary action up to and including dismissal.  Disciplinary action may be taken regardless of whether the breach is committed during working hours, and regardless of whether our equipment or facilities are used for the purpose of committing the breach.  Any member of staff suspected of committing a breach of this policy will be required to co-operate with our investigation, which may involve handing over relevant passwords and login details.

17.30. Staff will be required to remove internet postings which are deemed to constitute a breach of this policy.  Failure to comply with such a request may in itself result in disciplinary action.

17.31. Social media should never be used in a way that breaches any of our other policies.  If an internet post would breach any of our policies in another forum, it will also breach them in an online forum. In particular, staff must not post any defamatory, derogatory and/or any damaging statements about the Company, its clients/customers, suppliers, officers, directors and/or employees on any social media platform, nor post anything that may bring the Company into disrepute.

17.32. You must not use your work email address to sign up for personal use of social media platforms. You should have no expectation of privacy or confidentiality in anything you create or share on social media platforms. When you create or exchange content using social media you are making a public statement. As such, your content will not be private and can be retweeted, copied or forwarded to third parties without your consent. You should therefore consider the potential sensitivity of disclosing information (such as health information) on a platform. Once sensitive or confidential information (or offensive or defamatory information) has been disclosed, it cannot be recovered and this may result in liability both for the Company and also for you personally.

17.33. Bear in mind that, even if you are using social media in a personal capacity, other users who are aware of your association with us might reasonably think that you speak on our behalf. You should always take account of any adverse impact your content might have on our reputation or our relationships with clients, suppliers and other business partners

17.34. Staff should never provide references for other individuals on social or professional networking sites, as such references, positive and negative, can be attributed to the organisation and create legal liability for both the author of the reference and the organisation.

17.35. Employees who breach any of the above policies will be subject to disciplinary action up to and including termination of employment.

Monitoring

17.36. The contents of our IT resources and communications systems are our property. Therefore, staff should have no expectation of privacy in any message, files, data, document, facsimile, telephone conversation, social media post conversation or message, or any other kind of information or communications transmitted to, received or printed from, or stored or recorded on our electronic information and communications systems.

17.37. We reserve the right to monitor, intercept and review, without further notice, staff activities using our IT resources and communications systems, including but not limited to social media postings and activities, to ensure that our rules are being complied with and for legitimate business purposes and you consent to such monitoring by your use of such resources and systems. This might include, without limitation, the monitoring, interception, accessing, recording, disclosing, inspecting, reviewing, retrieving and printing of transactions, messages, communications, postings, log-ins, recordings and other uses of the systems as well as keystroke capturing and other network monitoring technologies.

17.38. We may store copies of such data or communications for a period of time after they are created, and may delete such copies from time to time without notice.

17.39. Do not use our IT resources and communications systems for any matter that you wish to be kept private or confidential from the organisation.

Responsible use of social media

17.40. The following sections of the policy provide staff with common-sense guidelines and recommendations for using social media responsibly and safely.

17.41. Protecting our business reputation: Staff must not post disparaging or defamatory statements about:

    (i) our organisation;

    (ii) our clients;

    (iii)  suppliers and vendors; and

    (iv) other affiliates and stakeholders,

17.42. Respecting intellectual property and confidential information:

    (a) Staff should not do anything to jeopardise our valuable trade secrets and other confidential information and intellectual property through the use of social media.

    (b) In addition, staff should avoid misappropriating or infringing the intellectual property of other companies and individuals, which can create liability for the  organisation, as well as the individual author.

    (c)  Do not use our logos, brand names, slogans or other trademarks, or post any of our confidential or proprietary information without prior written permission.

    (d) To protect yourself and the organisation against liability for copyright infringement, where appropriate, reference sources of particular information you post or upload and cite them accurately.

17.43. Respecting colleagues, clients, partners and suppliers:

    (a) Do not post anything that your colleagues or our customers, clients, business partners, suppliers, vendors or other stakeholders would find offensive, including discriminatory comments, insults or obscenity.

    (b) Do not post anything related to your colleagues or our customers, clients, business partners, suppliers, vendors or other stakeholders without their written permission.

Breaches of this policy

17.44. We consider this policy to be extremely important. If an employee is found to be in breach of the policy then they will be disciplined in accordance with the disciplinary procedure and may be dismissed. In certain circumstances, breach of this policy may be considered gross misconduct resulting in immediate termination of employment without notice or payment in lieu of notice. In addition, or as an alternative, we may withdraw your Internet or email access.

18. ACKNOWLEDGMENT AND DECLARATION

You are required to sign the acknowledgement below to confirm that you have read, understood and will abide by the terms of this Handbook and all the policies contained in the Handbook.

I have read and understood the content of this Handbook; I agree to abide by the Handbook, including all policies and terms, and agree that the Company has the rights set out within the Handbook. I agree that the Company may amend or remove the content of this Handbook and any policy, at its absolute discretion and that I will be bound by any amended terms.

Signed:
Name:
Dated: