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Debach Enterprises Ltd

Company Handbook

CONTENTS Page Content

Page Number

Introduction

Capability

Company Overview

Stress at work policy

Company Values

Whistleblowing Policy

40 - 43

Page Content

Page Number

Sickness Absence Policy

5 - 12

References

Working Hours

Deductions

Time Recording

Termination of employment/ Notice periods

Leave of absence

Data Protection

Holiday pay

Confidentiality

13 - 14

Restrictive Covenants

Change of personal circumstances

Breach of provisions

Employee's property

Health & Safety

Disclosure of info

14 - 15

Health & Safety Committee

Associated Work

Accidents/Incidents at work

Family Friendly Leave

Accident/Incident Reporting Investigation Procedure

47 - 48

Compassionate leave

Maternity Leave

15 - 17

Smoking

48 - 49

Adoption Leave

18 - 19

Drug & Alcohol Policy

49 - 52

Paternity Leave

DSE Policy

53 - 54

Shared Parental Leave

19 - 21

General Rules

Parental Leave

21 - 23

Standards of performance & behaviour at work

55 55 - 56

Time off for dependants

Lone Working

Childcare Vouchers

Right of search

56 - 57

Flexible Working

23 - 24

Anti-Bribery Policy

57 - 60

Relationships at work

24 - 25

Illegal trading policy

60 - 61

IT Policy

62 - 65

Retirement Policy

Equal Opportunities Policy

25 - 28

Social Media Policy

65 - 68

Harassment/Bullying Policy

28 - 31

Telephone/Mobile Phone Usage

68 - 70

Dignity at work policy

Internet & email usage

70 - 74

Disciplinary Procedure

31 - 36

CCTV & Vehicle Tracking

74 - 78

Grievance Policy

37 - 39

Key Contact Details

Introduction

AIMS OF COMPANY HANDBOOK The purpose of this handbook is to provide essential information for you to help you to understand the way the Company operates. It should be read in conjunction with the Statement of Main Terms and Conditions of Employment issued to you. The document gives an overview of the terms and conditions of your employment, and outlines what you can expect from us as your employer. In return we ask you for a high degree of commitment, dedication, and loyalty to help us achieve the aims and objectives of the Company. I hope you find this a useful guide during your employment with us. However, if you are unable to find the answer to your question here, please feel free to contact your line manager or the HR department who will certainly be able to find an answer for you.

Introduction

COMPANY OVERVIEW Our Company has been privately owned and independently run since 1976. Starting out in the village of Clopton we have grown over the years and now operate from two depots, the original location in Clopton is still operational as well as our main depot in Ipswich. We provide the ultimate logistics service to our customers. Storing their goods in our warehouses at either our Ipswich or Clopton depots and using our transport fleet to deliver them to their destination. Our heritage has an impact on everything we do. Many of our clients are businesses that have grown alongside our own. We understand the true value of good service and strive to achieve providing the best value service for our customers. The Company aims to be the top performing logistics provider in our sector. We take a continuous improvement view in all we do and are constantly reviewing the way we operate to ensure we are the most proficient as possible. We value our people and encourage new ideas through the use of regular employee forums and two-way communication.

COMPANY VALUES As part of our Company, we expect all employees to work in accordance with our values. These values have been carefully put together to reflect the key areas of importance within the business and to help drive the behaviours we believe are key to business success. We created the values with both our employees and customers in mind, with the aim to be the top performing logistics provider.

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SICKNESS ABSENCE POLICY & PROCEDURE Policy Aim The company recognises that employees may need to be absent from work from time to time due to sickness. This policy covers employees and their line managers in handling time off from work where the reason for absence is sickness. The Organisation aims to have as many employees as possible in attendance at all times during the working week. Sickness absence needs to be managed so that an acceptable level of attendance can be achieved and any problems resolved.

Sickness Absence ‘Sickness’ is defined as an incapacity to carry out the duties and responsibilities which the employee is contractually obliged to do because of their illness or accident and resulting incapacity to work. This policy therefore applies to absence caused by personal illness or accident, not to the need to take time off work because of the illness or accident of others, e.g., children or partners.

Please note Any employee who fails to comply with the notification or certification procedures contained within this policy, or otherwise abusing the company’s rules on sickness absence will be dealt with in accordance with the company disciplinary procedure.

Procedure Notification If employees are unable to attend work due to sickness absence, they must notify their line manager by their contracted start time but no later than 9am on the first day of the absence. They will need to explain why they are unable to attend and indicate when they will likely be able to return to work. Employees should contact their line manager via phone on each day of their sickness absence to provide an update on their condition. If the employee has been signed off work and submitted a medical fit note, then an appropriate time frame of communication between the employee and the line manager can be agreed between the two parties. Note, if the employee is unable to contact their line manager, they must speak with HR.

Certification Absences lasting seven calendar days or less can be self-certified by the employee. If this applies, the employee must complete a self-certification form on return to work which can be obtained from their line manager or the HR department. Please note, the seven-day period includes days the employee does not usually work. E.g., weekends and public holidays.

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For absences of eight days or more, a medical fit note is required. Fit notes are issues by the employee’s GP or other relevant clinician and should be sent to the employee’s line manager and/or HR department as soon as practicably possible. The fit note should cover each day of absence, and if multiple fit notes are issued, they should be sent either by post or electronically to their line manager or HR department with a brief explanation of the condition and, if known, their expected return to work date. Failure to follow the certification process outlined above may be considered misconduct and may be dealt with under the Organisation’s disciplinary process. SSP (statutory sick pay) may be withheld during this time.

Private medical certificates A private fit note may be considered necessary by the company if there is a history of unusual absences or if the line manager believes the employee may benefit from an intervention by a medical practitioner. The cost of obtaining a private fit note will be reimbursed by the Organisation. A private fit note may be requested by the Organisation regardless of the duration of the actual period of sickness absence. Should the need arise to obtain a private fit note, the Organisation will direct the employee to an approved provider.

Return to work interviews On return to work, the employee should report to their line manager where possible before they begin their work. The employee’s line manager will ask the employee to complete a self-certification form (for the first 7 days of any absence) and complete a return-to-work interview with them where they will ask about the illness and recovery. No matter the duration of the absence, it must be covered by either a selfcertification form (first seven days) or a medical fit note (8 days or more). In all circumstances a return-to-work interview will be arranged by the line manager with the employee. The return-to-work interview will confirm the employee’s fitness to return to work, update the employee on any changes that may have taken place in the workplace during their absence, and confirm whether any necessary support is required and make arrangements for this as appropriate. The employee may also be asked to complete a form declaring their fitness to work, depending on the circumstances of the absence and return. All sickness absence data for each employee will be recorded on their personnel file record.

Medical Fit Notes A fit note may make a recommendation for temporary changes to be made to the employee’s working environment or conditions to facilitate a return to work. Where a fit note is marked ‘may be fit to work’, the GP or another medical clinician usually sets out the possible alternations or amendments that could be made to the employee’s working practices facilitating their fitness to work. Examples of the options that may be available are: • •

Phased return to work. Amended (lighter) duties.

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• •

Altered hours. Workplace adaptions.

If the employee provides a fit note which states ‘may be fit for work’ they inform their line manager immediately. The Company will discuss whether there are any additional measures that may be needed to facilitate a return to work, taking into account the medical advice provided on a fit note. If the appropriate measures are unable to be taken, the employee will remain on sick leave and a review date will be agreed.

Adjustments to the employee’s work If adjustments have been agreed, the company will confirm this in writing, setting out the agreed time period and a review date. Any changes agreed should be temporary and should not be considered permanent changes to the employee’s terms and conditions, unless otherwise agreed. A review will be arranged before the end of the adjustment period to assess their continued suitability against the employee’s medical needs, and the needs of the business. It may be that any adjustments are continued, amended, or stopped. A discussion will take place with the employee to confirm this.

Phased return to work Should a phased return be recommended by a medical profession, the company will discuss the feasibility of facilitating this. If appropriate, the company will confirm in writing how the return will be managed, and review dates will be set with a view to building the employee back to their full duties and hours. Such phased return should not be viewed as a permanent change to the employee’s terms and conditions, and it may be subject to change depending on the employee’s medical needs or the needs of the business.

Medical Examination – Occupational Health If the Company has cause to be concerned about the employee’s health, e.g., the employee has had a number of periods of sickness absence for the same reason in a short period, or the employee’s absence has become long term (defined by the business as an absence lasting for four weeks or more) then the employee’s line manager may suggest that the employee undertake an assessment with the Company’s preferred medical provider. In certain circumstances, especially if the employee’s sickness absence may impact on the employee’s longterm employment, then the Company may ask the employee to consult a medical practitioner of its choice, to have the employee’s fitness to work arrangements assessed and confirmed. It is a condition of the employee’s contract that the employee comply with any request from the Company to attend an appointment with a medical practitioner of the Company’s choice.

Access to medical reports The Company may need to request a copy of the employee’s medical reports or medical records to assist in the assessment of the employee’s medical condition. The employee’s consent, in line with the requirements under the Access to Medical Reports Act 1998, will be obtained prior to the Company making contact with the employee’s GP and the employee is entitled to see a copy of the documentation provided. In line with data protection legislation, the employee will also be given details on the reason for the 7

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examination, what the Company intends to do with the data obtained and the lawful basis for processing the data. The Company will meet with the employee to discuss any reports that are obtained. There may be changes required to the employee’s work or the Company’s processes as a result of the medical information obtained, in which case this will be discussed and agreed with the employee where business requirements allow. Any outcomes will subsequently be provided to the employee in writing.

Frequent and short-term absences Absence triggers enable the Company and line managers to address all absences and ensure they are managed fairly and consistently. The Company recognises the following absence triggers: Criteria

Trigger

Number of absence events

3 in a rolling 6-month period

Absence events totalling more than 10 working 2 in a rolling 12-month period days (pro-rated) Absences that establish a set pattern of absence E.g., Mondays, Fridays, days after Bank Holidays Only one of the triggers above needs to be reached for the line manager to be required to review the employee’s sickness records.

Informal meeting If an absence trigger is reached, the employee’s line manager and a member of HR will meet with the employee to discuss the matter informally. At the meeting the line manager and HR will discuss the absences with the employee including any necessary actions, such as referral to Occupational Health; implementing reasonable adjustments that may be necessary in relation to disability or other medical condition; or, any possible formal disciplinary action. If it is established that there is a possible underlying medical condition, advice will be sought from an Occupational Health specialist and a further meeting will be held between the employee, their line manager and HR to discuss the outcome. Disciplinary procedures may not be necessary or appropriate in those circumstances. A summary of the meeting will be kept for the employee’s personnel file.

Escalation to formal proceedings Following an informal meeting, should no improvement be seen in the sickness absence and/or a further trigger point be reached, an investigation into the absence will take place with the employee. A meeting will be held to discuss the absences, and again seek to establish if there is an underlying cause that needs to be accommodated and/or further investigated. Should this not be the case, the employee’s line manager may proceed to formal disciplinary action for high absence levels. A verbal warning may be the result of a subsequent disciplinary hearing.

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Following a verbal warning, should further triggers be hit, and the absence continues to be a concern, further investigations will take place. Should the outcome of the investigation be that the absence levels remain unacceptable, then further disciplinary proceedings may take place. Should the previous warning still be in place, this may be built on following disciplinary proceedings with a written warning. Following a written warning, should further triggers be hit, and the absence continue to be a concern, further investigations will take place. Should the outcome of the investigation be that the absence levels remain unacceptable, then further disciplinary proceedings may take place. Should the previous warning still be in place, this may be built on following disciplinary proceedings with a final written warning.

Dismissal Following a final written warning, should further triggers be hit, and the absence continue to be a concern, further investigations will take place. Should the outcome of the investigation be that the absence levels remain unacceptable, then further disciplinary proceedings may take place. Should the previous warning still be in place, this may be built on following disciplinary proceedings with a dismissal, following a full examination of the facts and where no reasonable adjustments are appropriate.

Long-term sickness While the organisation is keen to assist employees who are absent, it cannot offer indefinite support. It is in the interest of the company to assist any employee suffering from long term absence back to work as effectively as possible, but the employment may need to be terminated if this cannot be achieved. Each employee is entitled to up to 28 weeks statutory sick pay. When this entitlement is close to being exhausted, a meeting will be arranged between the employee, their line manager and HR to discuss the likely return to work date and what duties they may be able to fulfil. If necessary, the Company may ask the employee’s permission to approach their doctor or to attend an Occupational Health appointment in order to determine the likely length of the absence and identify any reasonable adjustments. If it appears that a return to work in the near future is not reasonably practicable, the Company will discuss the situation with the employee and it is possible that the employee’s employment may be terminated under medical grounds.

Updates during sickness The employee is expected to keep their line manager updated with details of their health and expected date of returning to work. Line managers will arrange periodic meetings with the employee to discuss their ongoing absence, so that each side is kept up to date with developments. The location of these meetings will usually be at the employee’s usual place of work but, if a virtual meeting or alternative meeting place is necessary due to the nature of the employee’s absence, this can be accommodated.

Disability The Company has a duty to make reasonable adjustments where an employee has a disability covered by the Equality Act 2010. 9

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If the absence is because of a disability or the illness leaves the employee in a mental or physical condition which falls within the definition of a disability, the organisation will do whatever it can to make reasonable adjustments to their job to enable them to carry on working. If effective adjustments cannot be made, dismissal may have to take place. The duty to make the adjustments is ‘reasonable’ so if the suggested adjustment is not viable it will not be made. It may also be the case that no reasonable adjustments are possible to facilitate a return. There may be no alternative roles or employment available and if there is no prospect of the employee being able to return to work in the near future, it may be inevitable that a decision to dismiss is the last and only option. The duty to make reasonable adjustments covers elements, such as making changes and adjustments to working hours, adjusting existing equipment, provision of different equipment and amending workplace practices, if the employee is placed at a substantial disadvantage. It may also involve physical changes, such as to the building entrance points, or alterations to the floor plan, furniture etc. The employee will be consulted fully on these.

Alternative employment If an employee is unable to continue in their current role due to ill health or disability, and no adjustments can be made, then the Company will make reasonable efforts to find suitable alternative employment within the Company. In these cases, the employee’s terms and conditions may change from the current role to the alternative role and necessary training will be provided.

Ill-health dismissal This process would be considered if the employee is unable to carry out their current duties and there are no suitable alternative roles identified within the Company. Prior to considering dismissal, the Company will: • • • •

discuss the process with the employee obtain medical opinion consider any adaptations that can be made to their current role in line with the requirement to make reasonable adjustments under the Equality Act consider any other suitable roles in the Organisation.

Dismissal meeting A formal invite letter will be sent to the employee inviting them to attend a dismissal meeting, informing them that a possible outcome of this meeting is a dismissal based on capability. The employee has the right to be accompanied at the meeting by a trade union official or a colleague. At the meeting, the line manager will: • •

discuss the reasons for the employee’s absence review the process so far in terms of support offered to allow the employee to continue in the role 10

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• • •

offer the employee the opportunity to raise any concerns with the process, provide evidence or make representations discuss the lack of availability of alternative roles ensure detailed notes are taken in the meeting.

If any new information comes to light in this meeting, the meeting will be adjourned to allow a full consideration of this information. The meeting will then be reconvened to inform the employee of the decision. Where a decision to dismiss is reached, this will be confirmed to the employee in writing. Employees have the right to appeal against any dismissal decision. Further details on this right are set out in the Organisation’s disciplinary and dismissal appeals procedure.

Payment arrangements – Statutory Sick Pay (SSP) All employees have a right to statutory sick pay (SSP) as long as they earn more than the lower earnings level (the HR department can confirm the current rate). SSP is not payable for the first three qualifying days of absence. (A qualifying day is a day on which the employee is normally expected to work under the employee’s contract of employment.) There is a limit of 28 weeks SSP in any one period of sickness or linked periods. (Periods of sickness are said to be linked if the second period starts within eight weeks of the end of the first period.) SSP payments are made subject to tax and national insurance deductions.

Company sick pay scheme The Company reserves the right to refuse to pay sick pay (including SSP) if it has reasonable cause to think that the employee is not genuinely sick, or if it has cause to believe that the employee is abusing the sick pay scheme. The sick pay scheme terms and conditions can be varied or revoked upon the Company giving four weeks’ written notice, to be provided on any significant change to the entitlements and amounts due under the sick pay scheme.

Unpaid sickness Employees who are not eligible for SSP or for payments under the Company sick pay scheme will take that period of sickness as unpaid. No variable payments such as commission or bonuses may be paid and no basic pay shall be made. Employee’s annual leave entitlement will only accrue at their statutory entitlement under the Working Time Regulations 1998, i.e. pro rata up to a total of 28 days per annum. This includes public holidays.

Pre-booked annual leave and sickness Should an employee fall sick during a pre-booked period of annual leave, then they may ask for the annual leave period to be re-arranged. Should this arise, the employee will need to provide some form of medical proof of their sickness, such as a fit note. Where the annual leave is re-arranged, the original period will be treated as sick leave and be paid in accordance with the sick pay entitlements. Should this sickness absence 11

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lead to absence levels triggering the next stage in the above-mentioned procedure, then it will be dealt with accordingly.

Protecting the employee’s data All personal data obtained during sickness absence procedures will be handled with the utmost integrity and confidentiality and in line with our data protection policy. Employees may be reminded of the types of data the Company holds, including data on health, and our practices in relation to that data by reviewing the Company’s privacy notice which is available from the HR department.

WORKING HOURS The working hours are as detailed in your Statement of Main Terms and Conditions of Employment. The Company reserves the right to re-arrange working hours in order to meet special conditions, subject to normal discussion with the personnel concerned.

TIME RECORDING All employees are required to clock in and out at the beginning and end of their shift using the clocking terminals located in either the main office (Ipswich & Clopton), Driver’s Reception (Ipswich) or Tea Hut (Ipswich). Each employee has their biometric data inputted into the system when they join the Company and is supplied with a unique 4 digit number which they must use to clock in and out. It is an offence to record another person’s working time or to allow someone else to record your time for you. Such actions, if proven under the Company’s disciplinary procedure, are deemed as gross misconduct, leaving any employees liable to summary dismissal (dismissal without notice) if proven under the procedure. Note: the disciplinary procedure can be found within this handbook and for the HR Department. Any employee who leaves site during the working day, whether it be during their lunch break, out on driving work, visiting other sites or attending a personal appointment in work time, must clock out. This is due to health & safety in relation to fire safety. The clock in system acts as our fire register in the event of an evacuation and therefore must be accurate at all times. If you have left site and not clocked out, we may be sending fire fighters in unnecessarily to look for you. Similarly, if you are on site but have not clocked in, we would not know to look for you in an emergency evacuation.

LEAVE OF ABSENCE If it is necessary to leave work during working hours, you must obtain permission from your Line Manager or a member of the Executive Team. Likewise, if you require unpaid leave to deal with urgent matters relating to a dependant you must obtain permission. You are expected to make appointments to visit the Doctor or Dentist outside of normal working hours wherever possible. If an appointment has to be made within working hours, you must obtain the prior agreement of your Line Manager. The company reserves the right to deduct pay if you fail to obtain prior agreement.

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HOLIDAYS & HOLIDAY PAY The Company may close at Christmas if its customers are not working, you will be expected to book annual leave during this period of closure, details of which will be given to you as soon as possible each year. You are not eligible to take holiday entitlement until you have completed three months continuous service, and your paid annual leave entitlement is set out in your Statement of Terms and Conditions of Employment. Your Line Manager must approve all requests for annual leave in writing in advance. You must not book holidays until your request has been formally authorised. You should endeavour to give as much notice as possible of proposed annual leave dates. In any event, such notice must be at least twice the number of days’ leave as that you wish to take as annual leave. The company will try and co-operate with your holiday plans where possible, but this is always subject to the requirements of the Company’s business and to ensure adequate staffing levels are being maintained at all times. If you are absent due to long-term incapacity, or other extended absence you are encouraged to take your accrued holiday entitlement before the end of the holiday year. Staff that are off due to extended absence will only automatically carry over four weeks statutory leave afforded to workers under the EU Working Time Directive if it cannot be taken by the end of the holiday year. The 1.6 weeks received by the UK’s Working Time Regulations will not be carried forward in any circumstance. Any holiday carried over must be used within 18 months of the date it was carried over. Holiday entitlement in any one-holiday year must be taken by the last day of each holiday year; the holiday year runs from 1st February to 31st January. Holiday entitlement not used by the correct date will usually be lost and under no circumstances will payment in lieu be made for holiday entitlement that is lost through not being exercised by the correct date. All staff are required to take a minimum of 10 days between February – July, and 10 days between August – January. This policy must be strictly adhered to unless otherwise agreed in advance with your manager. All mobile workers who cannot opt out of the working time directive must strictly adhere to the two separate holiday periods. No holiday days can be carried forward to the next holiday year. Should you leave the Company for any reason, your full entitlement to paid holiday will be calculated at the rate of one-twelfth of the annual holiday for each month employed within the holiday year, rounded to the nearest half-day, less any holiday taken during the holiday year. If the holiday taken exceeds your holiday entitlement, the Company reserves the right to deduct the difference in holiday pay from any money owing to you at the time of your leaving. Should you leave the Company without giving proper notice or you are dismissed for gross misconduct, you will not receive payment for any outstanding holiday entitlement that is in excess of the appropriate proportion of the statutory entitlement.

COMPASSIONATE LEAVE Subject to your statutory right to reasonable time off to deal with a family emergency (see the provisions of the Company’s Time Off for Dependants), in the event of the death of a member of your immediate family, you may contact your manager who will liaise with HR to request compassionate leave. The

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Company will consider all requests for compassionate leave. Each request will be viewed sympathetically and considered on an individual basis. Requests for compassionate leave will also be considered in the case of the very serious illness of immediate family members. For these purposes, immediate family members comprise of spouses, civil partners, partners, parents, grandparents, children, grandchildren, brothers, sisters, uncles, aunts, nephews and nieces. There is no contractual or statutory entitlement to be paid for absences relating to compassionate leave and any payment of salary during compassionate leave will be made at the absolute discretion of the Company. Subject to your statutory right to reasonable time off to deal with a family emergency, the Company expects you to use your paid annual leave entitlement for other time off needed to care for sick relatives or friends.

CHANGE OF PERSONAL CIRCUMSTANCES Under the Data Protection Act 2018, the Company has an obligation to ensure that the information held about its employees is accurate and kept up to date. You are therefore required to inform your line manager of any changes as soon as is reasonably practicable, so that the Company’s records can be updated. The Company cannot be held responsible for any errors unless you have notified it of the relevant changes. For example, if you fail to tell the Company of a change in your bank details, it cannot be responsible for any delay in the payment of your wages, or address changes under our weekly reporting obligations to the HMRC and NEST. In some circumstances, failure to advise the Company of a change in circumstances, or providing false or inaccurate information, may lead to disciplinary action under the Company’s disciplinary procedure. All personal information provided by you and held on file will be kept confidential. Where one or more of the following circumstances have changed, please advise us in writing, setting out the date when the change took effect and, if appropriate, the reason for the change.

EMPLOYEE’S PROPERTY The Company does not accept any liability for the loss of or damage to your property brought onto the Company’s premises or carried in Company Vehicles whatever the cause, although investigations will be carried out on matters brought to the Company’s notice. If you bring a motor vehicle or cycle on to Company premises, it must be parked in the authorised parking area. Such vehicles or cycles are parked entirely at your risk and the Company accepts no liability in respect of damage to or loss from such vehicles or cycles.

DISCLOSURE OF INFORMATION 14

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You shall not directly or indirectly disclose to any unauthorised person any knowledge or information of a sensitive nature relating to the Company’s business, or the business of any of its customers. You will not use for your own purposes or profit or for any purposes other than those of the Company, any information of a sensitive nature which you may acquire in relation to the Company’s and/or its customers’ business. The rules concerning disclosure of information apply both during and after your employment with the Company. All records, papers and other items relating in any way to the business of the Company and its customers and held by you or under your control whilst employed by the Company shall be and shall remain the property of the Company and you must return to the Company as required but in any event (whether demanded or not) on termination of this employment and you shall not retain copies thereof in any form.

ASSOCIATED WORK You shall not be associated in any capacity with a business that carries out work of a similar nature to the Company’s without the Company’s prior written approval. Subject to the above provisions, if you choose to take up additional employment outside your normal working hours this will be accepted by the Company unless such additional employment is felt to have an adverse effect on the performance of your normal duties with the Company. All mobile workers who cannot opt out of the working time directive must have the company’s prior written approval. Failure to seek such approval will result in disciplinary action being taken. You shall not take up any additional employment whilst claiming sickness payments from the Company.

FAMILY FRIENDLY LEAVE MATERNITY LEAVE If you become pregnant whilst employed by the Company you should inform your Manager in writing as soon as you have had the pregnancy confirmed, or as soon as you feel able to do so. This is important because we have a duty of care regarding Health and Safety considerations. As soon as is practicable, but no later than the end of the 15th week before the expected week of childbirth (EWC), you must also provide a certificate of expected childbirth (form MAT B1) or equivalent document signed by your doctor or registered midwife. You will be entitled to 52 weeks statutory Maternity Leave, this is made up of 26 weeks Ordinary Maternity Leave (OML) and 26 weeks Additional Maternity Leave (AML), which can commence at any time after the 11th week before the EWC. You are required to notify the Company in writing no later than the 15th week before the expected week of childbirth of the date on which you intend to start Maternity Leave. On receipt of your notification of the date you intend to commence maternity leave the Company will acknowledge your notification within 28 days of receipt, advising you of the date on which you will be expected to return to work. Should you wish to change your intend return to work date, you must give the company at least 8 weeks notice of the revised date.

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Statutory Maternity Pay is payable for a 39 week period from the commencement of your maternity leave. For the first 6 weeks, SMP is paid at 90% of your average weekly earnings, followed by a further 33 weeks at a rate set by the Government. To be eligible for Statutory Maternity Pay, you must have been employed for 26 weeks at the 15th week before the EWC and you must be earning more than the lower earnings limit for National Insurance contributions. If you do not qualify for SMP, you may be eligible for the State Maternity Allowance.

State Maternity Allowance Women who do not qualify for Statutory Maternity Pay may be entitled to Maternity Allowance, paid by the Benefits Agency, for up to 39 weeks. To qualify, you must have been employed for 26 weeks out of the 66 weeks before the expected week of Childbirth.

Time off for Antenatal Care Once you have advised the Company that you are pregnant, you are entitled to take reasonable time off work with pay to attend the ante-natal clinic and other ante-natal appointments made on the advice of your doctor, registered midwife or registered health visitor. Except in the case of an initial appointment to confirm the pregnancy, you should provide evidence of the appointments, such as an appointment card to your Line Manager or the HR department. An expectant father or partner has the right to take time off unpaid to go to two antenatal appointments.

Maternity Suspension Once we are advised of your pregnancy we must take into account any health and safety risks to new and expectant mothers and should assess the risks to the woman and the baby. Risks include: • • • •

Heavy lifting and carrying Standing or sitting for long periods without adequate breaks Exposure to toxic substances Long working hours

If the risk cannot be avoided, we must take steps to remove the risk or offer different suitable work with no less favourable terms and conditions; if no suitable work is available, we must suspend you from your duties on full pay for as long as necessary to protect your health and safety and that of your baby.

Maternity Leave Maternity leave will start on whichever date is the earlier of: • • •

Your chosen start date The day after you give birth The day after any day on which you are absent for a pregnancy-related reason in the four weeks before the EWC

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If you give birth before your maternity leave was due to start, you must notify the Company in writing of the date of the birth as soon as reasonably practicable. The law requires all employees to take a minimum of two weeks of compulsory maternity leave (CML) immediately after the birth of their child.

Contact during Maternity Leave Shortly before the maternity leave starts, the Company will discuss the arrangements for you to keep in touch during your leave, should you wish to do so. The Company reserves the right in any event to maintain reasonable contact with you, in order to keep you up to date with relevant Company information.

Keeping in Touch Days You may agree to work for the Company for up to a maximum of ten days during either your ordinary or additional maternity leave without that work bringing the period of your maternity leave to an end and without loss of SMP.

Returning to work The Company assumes that staff will exercise their right to their full 52 week entitlement, unless otherwise advised in advance. If you wish to return earlier than your expected return date, you must give the Company, in writing, at least eight weeks’ notice of your proposed date of early return. If you decide not to return to work at all after your maternity leave, you must give notice of your resignation as soon as possible and in accordance with the terms of your contract of employment.

Your rights on return to work On resuming work after ordinary/additional maternity leave, you are entitled to return to the same job and terms and conditions as if you had not been absent. If however, there is some reason why it is not reasonably practicable for the Company to take you back in your original job, you will be offered suitable alternative work of equivalent status and responsibility and on terms and conditions that are no less favourable than would have applied if you had not been absent. If you are a full time employee, you have no automatic right to return to work on a part-time basis or make other changes to your work patterns at the end of your maternity leave. However, all requests for parttime work or other flexible working arrangements will be considered in line with the operational requirements of the business. It is the Company’s policy to promote flexible working arrangements for all employees. If you would like this option to be considered, you should write to your Line Manager setting out your proposals as far in advance of your return as possible, so that there is adequate time for full consideration of your request.

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ADOPTION LEAVE Employees must submit documentary proof to show that they have the right to paid Statutory Adoption Leave. This is usually a matching certificate from your adoption agency. The adoption agency must be recognised in the UK. Adoption leave is a ‘day one’ right there is no qualifying period Adoption Leave may be taken: • • • •

From the date the child starts living with you Up to 14 days before the placement date (UK adoptions) When the employee has been matched with a child by a UK adoption agency When the child arrives in the UK or within 28 day (overseas adoption)

Statutory adoption leave can start either: • • •

From the date the child starts living with the employee Up to 14 days before the date the child is expected to start living with the employee Employees should tell us within seven days of being told that you have been matched with a child, if this is not possible, then as soon as is reasonably practicable.

Adoption leave and pay are available to: • • •

Individuals who adopt The main adopter will be entitled to take paid time off for up to five adoption appointments. The secondary adopter will be entitled to take unpaid time off for up to two appointment One member of a couple where a couple adopt jointly (the couple must choose which partner takes adoption leave).

The partner of an individual who adopts, or the other member of a couple who are adopting jointly, may be entitled to Paternity or Additional Paternity Leave and Pay or shared parental leave. An eligible employee can take up to 52 weeks’ adoption leave. This is made up of 26 weeks’ Ordinary Adoption Leave and 26 weeks’ Additional Adoption Leave. To qualify for adoption leave, an employee must: •

Be newly matched with a child for adoption by an adoption agency and

Statutory Adoption Pay is the same as the standard rate of Statutory Maternity Pay. Statutory Adoption Pay is paid at the maximum rate of SMP or 90% of the average weekly earnings if this is less than the maximum rate of SMP. Statutory Adoption Pay (SAP) is paid for up to 39 weeks. The additional Paternity Leave Regulations 2010 came into force on 6th April 2010. The right to take up to the 26 weeks additional Paternity Leave is available to adoptive parents who are notified of having been matched with a child on or after 3rd April 2011. In the case of children adopted from overseas the child should have entered Great Britain on or after 3rd April 2011.

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You may agree to work for the Company for up to a maximum of 10 days during your period of Adoption Leave, without that work bringing the period of your Statutory Adoption Leave to an end and without loss of Statutory Adoption Pay. However, there is no provision for these days to be paid, and whether you wish/choose to work the ‘KIT’ days should be agreed in advance by both parties. A provision for keeping in contact will also be agreed in advance, this can be by email, telephone and letter etc. these days will be used for training, team meetings and updates during your Statutory Adoption Leave.

PATERNITY LEAVE Employees who are the natural/biological, adoptive fathers or mothers’ husband or partner (including same sex) of a child born or placed with them for adoption, or through a surrogacy arrangement will have the right to take up to two weeks paid Paternity Leave. To qualify for Paternity Leave, an employee must have been continuously employed for 26 weeks in the 15th week before the baby’s expected week of birth, or being notified of being matched with a child. They must also self certify their wish to take Paternity Leave during or before the 15th week or as soon as is reasonably practicable using Form SC3, which is available from the HR Department. This advises the employer when the baby is due, when you would like to take leave, and for how long. Employees can change their mind about when they start leave and for how long, but they must give the Company 28 days’ notice, or as much notice as is reasonably practicable of such a change. You must be employed by the Company up to the birth of the child and leave cannot begin until the baby is born. Paternity Leave is for one or two consecutive weeks and cannot be taken in odd days. Leave should be taken within 8 weeks from the start of the expected week of childbirth or the baby’s actual birth. Statutory Paternity Pay (SPP) starts on the same day as Paternity Leave and is paid for a maximum of two weeks. The rate paid is either 90% of the employee’s average weekly earnings or the rate fixed by the Government, whichever is the lower figure. To be eligible for Paternity Pay the employee’s average weekly earnings must be at least equal to the lower earnings limit for National Insurance contributions. SPP is treated as earnings and is therefore subject to PAYE and National Insurance deductions. There is no legal right to be paid for time off for antenatal appointments. However, if agreed in advance you may take annual leave.

SHARED PARENTAL LEAVE Shared Parental Leave is designed to give parents more flexibility in how to share the care of their child in the first year following birth or adoption. Parents will be able to share a pot of leave and can decide to be off work at the same time and/or take it in turns to have periods of leave to look after the child. To qualify, the mother or adopter must be entitled to some form of maternity or adoption entitlement, have given notice to curtail it and must share the main responsibility for caring for the child with the named partner. For a parent to be eligible to take Shared Parental Leave they must be an employee and they must pass the continuity of employment test. In turn, the other parent in the family must meet the employment and earnings test.

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•

Continuity of employment test: the person must have worked for the same employer for at least 26 weeks at the end of the 15th week before the week in which the child is due (or at the week in which an adopter was notified of having been matched with a child or adoption) and is still employed in the first week that Shared Parental Leave is to be taken. Employment and earnings test: the person must have worked for at least 26 weeks in the 66 weeks leading up to the due date and have earned above the maternity allowance threshold of £30 week in 13 of the 66 weeks.

Where both parents satisfy these tests they will both be able to share the leave. However, a family can still use Shared Parental Leave even when only one parent actually meets the eligibility criteria. For example, a self-employed parent will not be entitled to take Shared Parental Leave but they could still pass the employment and earnings test allowing the other parent in the family to qualify. The mother or adopter decides whether to keep taking their maternity or adoption entitlement or to use Shared Parental Leave. If they choose to use Shared Parental Leave, they can end their entitlement or give advance notice to curtail it. This advance notice means their partner could begin to take Shared Parental Leave while the mother or adopter is still on maternity or adoption leave. Shared Parental Leave may be taken at any time within the period which begins on the date the child is born/date of the placement and ends 52 weeks after that date. An employee is entitled to submit three separate notices to book leave. Leave must be taken in complete weeks and may be taken either in a continuous period, which an employer cannot refuse, or in a discontinuous period, which the employer can refuse. If a request for discontinuous leave is refused then the total amount of leave requested in the notice will automatically become a continuous block unless it is withdrawn.

Shared Parental Pay Statutory Shared Parental Pay is paid at the rate set by the Government. The current statutory rates can be found on the government website. If the mother or adopter curtails their entitlement to maternity/adoption pay or maternity allowance before they have used their full entitlement then Statutory Shared Parental Pay can be claimed for any remaining weeks. To qualify for Statutory Shared Parental Pay a parent must pass the continuity of employment test and have earned an average salary of the lower earnings limit (as set by the Government) for the 8 weeks' prior to the 15th week before the expected due date or matching date. The other parent in the family must meet the employment and earnings test.

Notification of Shared Parental Leave and pay If you wish to take Shared Parental Leave you must notify us at least eight weeks before the start of any Shared Parental Leave. Each eligible parent can give us up to 3 separate notices booking or varying leave, although it must be given at least eight weeks before the leave is due to start. Each notice can be for a block of leave, or the notice

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may be for a pattern of "discontinuous" leave involving different periods of leave. If you ask for a continuous block of leave then this request will be granted. However, where the notification is for discontinuous blocks of leave then we can refuse and require that the total weeks of leave in the notice be taken in a single continuous block. It is therefore beneficial for us to discuss and attempt to agree a way in which the different blocks of leave can be taken. Note: to be eligible for Shared Parental Leave, at least one parent must submit a booking when they notify their employer of their entitlement Discuss your intentions as soon as is reasonably practicable Having an early and informal discussion can provide an opportunity for us to talk about your preferences regarding when Shared Parental Leave is taken. We can use this discussion as an opportunity to point out the different options such as maternity, paternity leave (or adoption leave), and can ensure you are aware of your statutory rights. It can also be an opportunity for us to discuss if requested when any discontinuous leave can be best accommodated. Once a notification for a period of leave has been received we will consider: • • • •

is the notification for leave one continuous block or two or more weeks of discontinuous leave? what cover will be needed for your absence? will a discussion with you be beneficial at this time? is any modification to a discontinuous leave request necessary?

Outcomes to your request Depending on the circumstances involved, there are four outcomes available to us once we have received, considered and discussed your Shared Parental Leave notification. It is important to note that we cannot refuse a notification for continuous leave. • • • •

Confirm a continuous leave period or accept a discontinuous leave request. Agree a modification to a leave request (you are under no obligation to modify a continuous leave notice and should never be asked to do so). Refuse a discontinuous leave notification. Whilst it is not good practice and should not happen, it is possible for us to make no response to a leave notification.

For outcomes C and D above, you can withdraw your notification on or before the 15th day after the notification was originally made and it will not count as one of your three notifications. If not, you must take the total amount of leave notified in one continuous block. You can choose when this leave period will begin within 19 days of the date the notification was given to us but it cannot start sooner than the initial notified start date. If you don't, the leave will begin on the starting date stated in the original notification.

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Entitlement to Parental Leave is based on two factors. Firstly, an employee must have been continuously employed for one year at the time of commencing the leave and secondly they must be expected to have responsibility for the child. The Parental Leave entitlement is 18 weeks for each child up to their eighteenth birthday. Parental Leave is unpaid. Parental Leave must be taken in blocks or multiples of one week, except where the employee is a parent of a disabled child, when they can take the leave in blocks or multiples of one day. In all of these cases the Parental Leave is for a maximum of four weeks for each child in any one year. Any leave taken which is less that one week, except in the case of a disabled child, will count as one week. Employees must give at least 21days’ notice of their intention to take Parental Leave. The request for Parental Leave, except for leave immediately after the child is born or placed with the family for adoption, can be postponed for up to six months where the Company believes the business would be particularly disrupted, if the leave was taken at the time requested by the employee. If Parental Leave is granted, you will be required to produce evidence to confirm you are the parent or the person who is legally responsible for the child. Parental Leave should not be confused with Shared Parental Leave which is a new entitlement for eligible parents of children due to be born or adopted on or after 5 April 2015. Key points • • • • •

Employees must have completed one year's continuous service with us to qualify. 18 weeks of unpaid leave can be taken for children under 18 years. Up to 4 weeks per year for each child. Leave may be taken straight after the birth or adoption or following a period of maternity leave. Employees will need to request leave giving at least 21 days notice before the intended start date. We will request that notice for this type of leave to be in writing.

If you have completed one year's continuous service with us, then you are entitled to 18 weeks unpaid parental leave for each child born or adopted. The leave can start once the child is born or placed for adoption, or as soon as you have completed a year's service, whichever is later. You can take your entitlement up to the child's 18th birthday. A request should be made in writing to us giving 21 days notice of the start date of your parental leave. As long as you qualify for parental leave and give us the correct notice then you should be able to take parental leave at any time. To take parental leave straight after the birth or adoption of a child, you should give notice 21 days before the beginning of the expected week of childbirth or placement. In cases where this may not be possible they should give notice to the employer as soon as possible. For example, if a child is born prematurely or where less than 21 days notice is given that a child is to be placed with you for adoption.

HR POLICIES

Parental leave should be taken in blocks of a week or multiples of a week, and should not be taken as "odd" days off, unless we agree otherwise or the child is disabled. You cannot take off more than four weeks during a year per child. A week is based on your working pattern. You will remain employed while on parental leave and some terms of the contract, such as contractual notice and redundancy terms, still apply.

TIME OFF FOR DEPENDANTS All employees are entitled to a reasonable amount of time off without pay, to deal with an emergency or unforeseen circumstance involving a dependent. For example, if a dependent falls ill, is injured, or taken to hospital, if care arrangements are disrupted or break down, or to arrange or attend a dependent’s funeral. A dependent could be a spouse, partner, child, parent or someone who depends on you for care for example an elderly neighbour, with no close relatives. The right is to a reasonable amount of time off, although a specific period is not stated as to what qualifies as reasonable. In most cases a day or two will be sufficient to deal with an immediate crisis, but it will depend on the circumstances. You must advise us as soon as possible of the reason for the absence and how long you expect to be absent.

CHILDCARE VOUCHERS Salary sacrifice schemes are available, speak to HR for more information. The scheme is subject to the standard terms and conditions as laid down by HM Revenue and Customs. If you require any further information please contact the HR Department.

FLEXIBLE WORKING All Employees are entitled to request flexible working. To be eligible for flexible working, you must: • •

Have worked for us continuously for 26 weeks at the date the application is made Not have made another application for flexible working during the past twelve months

You should make an application in writing and can only make one application in a 12 month period. The written request must come from you and must specify the flexible working arrangements being requested, and the proposed commencement date. It must also state what effect, if any the request will have on the Company and how that might be dealt with. On receipt of the application, a meeting will be arranged with you within 28 days to explore the desired work pattern in depth and also to provide an opportunity to consider other alternative working patterns, should there be a problem in accommodating the original request. You have the right to be accompanied at the meeting.

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Following the meeting, within 14 days, we will write to you, either agreeing to a new work pattern, pay adjustment if required and start date, or provide an explanation as to why the application cannot be accepted and the reasons. If you wish to appeal against the decision, you should appeal within 14 days of the written notification following which an Appeal meeting will take place within 14 days of the Appeal being received. The outcome of the Appeal will be notified to you within 14 days of the Appeal meeting. The law requires the process to be completed within three months of the request being received, this includes any appeal.

RELATIONSHIPS AT WORK This policy covers all employees of the company. It is intended to provide guidance in areas where personal relationships overlap with working relationships and is intended to ensure that individual members of staff are not open to allegations of impropriety, bias, and abuse of authority or conflict of interest. It is also intended to set out employees’ rights and responsibilities to one another. The company values the integrity of professional relationships between its employees and in order that the company’s business is conducted in a professional manner and perceived to be conducted in a professional manner it is necessary to distinguish between, and take account of, personal relationships which overlap with professional ones. In the context of this policy, a personal relationship is defined as:• •

A family relationship; or A sexual /romantic relationship.

Both the company and any employee who are in personal relationships with other employees shall take responsible steps to ensure that personal relationships neither advantage nor unfairly disadvantage those involved. If you become involved in a personal relationship with a fellow employee, it is the responsibility of both individuals to deal appropriately with any potential conflict of interest. Ideally, such relationships should be reported, in confidence to the HR Department, particularly where the relationship is between a manager and his/her subordinate. You should take care that financial, familial or personal relationships are entered into on a consensual basis do not advantage or unfairly disadvantage any member of staff or other individual. Employees who are involved in personal relationships should exercise due regard for the professional nature of the workplace and behave in a professional manner at all times paying due consideration to colleagues, customers and clients. Where a personal relationship exists between employees who are in a line management or supervisory relationship at work they must not be involved in recruitment, selection, appraisal, promotion or in any

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other management activity or process involving the other party whereby there may be a conflict of interest or perceived conflict of interest as a result of the personal relationship. In such circumstances the relevant manager, senior manager or director should be informed and will, where appropriate, make alternative arrangements and confirm in writing, the relevant manager, senior manager or director will treat these matters in confidence. If there is any inequality or perceived inequality in the relationship, extra care should be taken and employees’ attention is drawn to the Harassment Policy – classified as Sexual Harassment. Sexual Harassment is defined as “any form of unwanted verbal, non-verbal or physical conduct of a sexual nature which occurs with the purpose or effect of violating dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.” Employees involved in personal relationships at work should ensure that any such relationships are fully consensual and are not and cannot be perceived as an exploitation of one party’s position in relation to another. Any employee who is, or who has been, involved in a sexual/romantic relationship with another member of staff, and who does not consider their involvement to be truly consensual, will have the right to complain under the company’s Harassment Policy / Grievance Procedure. Managers and staff who are uncertain about whether they should take action regarding a personal relationship (whether their own or someone else’s relationship that is affecting them) are invited to seek guidance in confidence from the HR Department. Employees should be aware that a breach of this policy could lead to disciplinary action being taken.

RETIREMENT POLICY The Company does not operate a defined retirement age, unless an Employer Justified Retirement Age (EJRA) can be applied.

Voluntary Retirement The company does recognise that staff may wish to voluntarily retire during their employment. There are various mechanisms in place for staff to raise the matter of voluntary retirement with their Line Manager, through open discussion about future plans and expectations, conducted in an atmosphere of trust to facilitate the transition from work to retirement for both the individual and the business. Any agreement of this nature will be managed jointly, with an agreed process and agreed notice periods.

Employer Justified Retirement Age (EJRA) The company does however reserve the right to apply a retirement age of 67 where there is objective justification for a legitimate aim/cause. This will only apply when an EJRA can be applied, as a proportionate response to a legitimate aim/need.

EQUAL OPPORTUNITIES POLICY The Company is an equal opportunity employer.

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The Company is committed to providing an environment for all employees which is supportive and inclusive. It is our policy to provide equal opportunities for everyone and encourage employees to reach their full potential without prejudice and discrimination. We are committed to a culture where respect and understanding is fostered, and the diversity of people’s backgrounds and circumstances will be positively valued. It is our policy and practices to provide equal opportunities for all employees within their employment. Entry into employment with the company and progression within our Company will be determined only by personal merit and the application of criteria which are related to the duties of each particular post and the relevant salary structure. In all cases, the primary consideration will be the ability to perform the role. The company complies with legislation set out by The Equal Opportunities Commission, Commission for Racial Equality and the Disability Rights Commission. It is the benefit of all individuals in our Company as it seeks to develop the skills and abilities of its people. While specific responsibility lies with all Supervisors and Managers to uphold this policy and to report any known acts of discrimination to the HR department immediately, all employees are responsible for their own behaviour and are expected to treat others with dignity and respect, acting in a manner that avoids and discourages any form of discrimination. The policy aims to achieve equality by removing any potential discrimination in the way that our employees are treated by fellow employees or the Company, including: • • • • • • • • • • •

People with disabilities People of different sexual orientations Transgendered and transsexual people People of different races People on the grounds of their sex Those of faith and no faith In relation to their age In relation to their social class or medical condition People who work part-time Those who are married or in a civil partnership Women who are pregnant, have recently given birth or are breastfeeding.

Additional Information Discrimination can be either direct or indirect discrimination. The above list details some of the protected characteristics as listed under the Equality Act 2010 whereby discrimination is prohibited unless there is legal exemption under the Equality Act.

Direct Discrimination This is where someone is treated less favourably due to one (or more) protected characteristics. It can be intentional or unintentional discrimination. Occasionally the discrimination may occur due to a protected characteristic of another person, so the discrimination may be because of association.

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Indirect Discrimination This is where someone is disadvantaged by apparently neutral provision, criterion or practice (PCP) that is applied ‘across the board’ or ‘equally across a particular group’. The PCP may have the consequence (usually unintended) of causing a disadvantage, which then actually affects somebody. The Company will take every action possible to avoid direct and indirect discrimination against any/all ‘protected characteristics’. To uphold this policy, the company will undertake the following:

In Recruitment • • • • • • • • • • •

Ensure that there is no discrimination shown to applicants coming for interview for new appointments, temporary or permanent contracts. Ensure that job titles are not biased in any way and are accurate representations of the job. Avoid over inflated or unnecessary job criteria in person specifications when recruiting new employees. Check that job requirements are necessary to do the job and are not reflections of traditional practices that may be operating to the disadvantage of men or women, minorities, the disabled or older people. Guard against sex/race stereotyping, particularly in illustrations, advertisements and recruitment literature. Ensure that recruitment methods used are fair to all potential applicants and do not effectively screen out minorities or members of one sex. Not use age as a primary discriminator in recruitment and selection. Recruit and retain employees whose skills and experience are appropriate to the job, regardless of their age. Ensure that only trained or experienced interviewers conduct preliminary selection interviews. Ensure that interviewers avoid questions that could be construed as discriminatory. Maintain clear interview notes and records of all applicants.

Training and Promotion • • • • • •

Ensure that all employees regardless of any protected characteristic are being trained and developed fairly across the Company and have the same opportunities for advancement within the Company. Not use age as a primary discriminator in training and promotion decisions. Examine selection criteria for training and promotion opportunities to ensure they do not indirectly discriminate. Monitor the progress of all trainees against the Equal Opportunities Policy and its requirements. Ensure that equal standards are being operated when undertaking performance reviews and assessments. Where appropriate encourage all employees and minorities, regardless of their sex, to put themselves forward for training and promotion.

Victimisation This is not the same as the common meaning of victimisation, but is specifically regarding treating someone less favourably because they have complained about or given information about discrimination or harassment, either regarding themselves or someone else.

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Harassment This is part of the Equality Act but is covered in more detail in the Company Harassment Policy. The Equality Act 2010 applies to how employees treat fellow employees, visitors, suppliers and former employees. The Act also applies to customers/clients. The Company will: • • •

Investigate all complaints of discrimination and harassment thoroughly however minor they may be considered at first sight and notify the Managing Director immediately; Take disciplinary action against any employee found to have discriminated against another employee on the grounds of sex, sexual orientation, race, ethnic origin, religion, belief, disability or age; Take disciplinary action against any employee found to have harassed another employee on the grounds of sex, sexual orientation, race, ethnic origin, religion, belief, disability or age.

The HR department has particular responsibility for implementing and monitoring the equality and diversity policies and, as part of this process, all personnel policies and procedures are administered with the objective of promoting equality of opportunity and eliminating unfair or unlawful discrimination. There will be monitoring and reviews of the effectiveness of the equal opportunities policy, including a review of job applicants and the benefits/career progression of existing employees. If any employee is found in breach of this policy, disciplinary action will be taken which could lead to dismissal.

HARRASSMENT/BULLYING POLICY The Company will not tolerate any form of harassment or bullying amongst employees. If any employee is found guilty of harassing another, disciplinary action will be taken which could lead to dismissal. In cases of serious harassment, criminal action may be taken against the perpetrator. Debach Enterprises promotes dignity at work. Harassment/Bullying is defined as offensive or intimidating behaviour or an abuse or misuse of power which undermines or humiliates an employee. An employee unlawfully harasses another employee if they engage in unwanted conduct related to a protected characteristic, and the conduct has the purpose or effect of violating the other employee’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for that other employee. An employee also unlawfully harasses another employee if they engage in unwanted conduct of a sexual nature, and the conduct has the purpose or effect of violating the other employee’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for that other employee. Finally, an employee unlawfully harasses another employee if they or a third party engage in unwanted conduct of a sexual nature or that is related to gender reassignment or sex, the conduct has the purpose or 28

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effect of violating the other employee’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for that other employee, and because of that other employee’s rejection of or submission to the conduct, they treat that other employee less favourably than they would treat them if they had not rejected, or submitted to, the conduct. The unwanted conduct will still amount to harassment if it is based on the protected characteristic of a third party with whom the employee is associated and not on the employee’s own protected characteristic, or if it was directed at someone other than the employee, or even at nobody in particular, but they witnessed it. In addition, harassment can include cases where the unwanted conduct occurs because it is perceived that an employee has a particular protected characteristic, when in fact they do not. Conduct may be harassment whether or not the person intended to offend. Something intended as a “joke” or as “office banter” may offend another person. This is because different employees find different levels of behaviour acceptable and everyone has the right to decide for themselves what behaviour they find acceptable to them. Behaviour which a reasonable person would realise would be likely to offend an employee will always constitute harassment without the need for the employee having to make it clear that such behaviour is unacceptable, for example, touching someone in a sexual way. With other forms of behaviour, it may not always be clear in advance that it will offend a particular employee, for example, office banter and jokes. In these cases, the behaviour will constitute harassment if the conduct continues after the employee has made it clear, by words or conduct, that such behaviour is unacceptable to him or her. A single incident can amount to harassment if it is sufficiently serious.

Examples Bullying and harassment may be verbal, non-verbal, written or physical. Examples of unacceptable behaviour include, but are not limited to, the following: • • • • • • • • •

unwelcome sexual advances, requests for sexual favours, other conduct of a sexual nature subjection to obscene or other sexually suggestive or racist comments or gestures, or other derogatory comments or gestures related to a protected characteristic the offer of rewards for going along with sexual advances or threats for rejecting sexual advances jokes or pictures of a sexual, sexist or racial nature or which are otherwise derogatory in relation to a protected characteristic demeaning comments about an employee’s appearance questions about an employee’s sex life the use of nicknames related to a protected characteristic whether made orally or by e-mail picking on or ridiculing an employee because of a protected characteristic isolating an employee or excluding him or her from social activities or relevant work-related matters because of a protected characteristic.

Reporting complaints

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All allegations of harassment, bullying or intimidation will be dealt with seriously, confidentially and speedily. The Company will not ignore or treat lightly grievances or complaints of harassment from employees. While the Company encourages employees who believe they are being harassed or bullied to notify the offender (by words or by conduct) that his or her behaviour is unwelcome, the Company also recognises that actual or perceived power and status disparities may make such confrontation impractical. In the event that such informal direct communication is either ineffective or impractical, or the situation is too serious to be dealt with informally, you should follow the procedure set out below. If you wish to make a complaint of harassment, bullying or intimidation, whether against a fellow employee or a third party, such as a client, customer, contractor or supplier, you should follow the following steps: • • •

•

• •

•

First of all, report the incident of harassment to your line manager. If you do not wish to speak to your line manager, you can instead speak to an Executive Manager or to HR. Such reports should be made promptly so that investigation may proceed and any action taken expeditiously. All allegations of harassment will be taken seriously. The allegation will be promptly investigated and, as part of the investigatory process, you will be interviewed and asked to provide a written witness statement setting out the details of your complaint. Confidentiality will be maintained during the investigatory process to the extent that this is practical and appropriate in the circumstances. However, in order to effectively investigate an allegation, the Company must be able to determine the scope of the investigation and the individuals who should be informed of or interviewed about the allegation. For example, the identity of the complainant and the nature of the allegations must be revealed to the alleged harasser so that he or she is able to fairly respond to the allegations. The Company reserves the right to arrange for another manager to conduct the investigation other than the manager with whom you raised the matter. Once the investigation has been completed, you will be informed in writing of the outcome and the Company’s conclusions and decision as soon as possible. The Company is committed to taking appropriate action with respect to all complaints of harassment which are upheld. If appropriate, disciplinary proceedings will be brought against the alleged harasser. You will not be penalised for raising a complaint, even if it is not upheld, unless your complaint was both untrue and made in bad faith. If your complaint is upheld and the harasser remains in the Company’s employment, the Company will take all reasonable steps to ensure that you do not have to continue working alongside him or her if you do not wish to do so. The Company will discuss the options with you. If your complaint is not upheld, arrangements will be made for you and the alleged harasser to continue or resume working and to repair working relationships.

Alternatively, you may, if you wish, use the Company’s grievance procedure to make a complaint of harassment.

HR POLICIES

It is the duty of all Supervisors and Managers to uphold this policy and to report any known actions of harassment/bullying to a Director immediately. All employees are responsible for their own behaviour and are expected to act in a manner that avoids and discourages any form of harassment/bullying.

DIGNITY AT WORK POLICY The Company seeks to provide a work environment in which all employees are treated with respect and dignity and which is free from harassment and bullying based upon age, disability, gender reassignment, race (including colour, nationality and ethnic or national origins), religion or belief, sex or sexual orientation, marriage or civil partnership, pregnancy or maternity related matters. In this policy, these are known as the “protected characteristics”. Employees have a duty to co-operate with the Company to make sure that this policy is effective in preventing harassment or bullying. Action will be taken under the Company’s disciplinary procedure against any employee who is found to have committed an act of improper or unlawful harassment, bullying or intimidation. Serious breaches of this dignity at work policy statement will be treated as potential Gross Misconduct and could render the employee liable to summary dismissal. Employees should bear in mind that they can be held personally liable for any act of unlawful harassment. Employees who commit serious acts of harassment may also be guilty of a criminal offence. All employees are responsible for conducting themselves in accordance with this policy. The Company will not condone or tolerate any form of harassment, bullying or intimidation, whether engaged in by employees or by outside third parties who do business with the company, such as clients, customers, contractors and suppliers. You should draw any such instances to the attention of your Line Manager of suspected cases of harassment, bullying or intimidation. You must not victimise or retaliate against an employee who has made allegations or complaints of harassment or who has provided information about such harassment. Such behaviour will be treated as potential Gross Misconduct in accordance with the Company’s disciplinary procedure. You should support colleagues who suffer such treatment and are making a complaint. The Company will also take appropriate action against any third parties who are found to have committed an act of improper or unlawful harassment, bullying or intimidation against its employees. This policy covers harassment, bullying and intimidation both in the workplace and in any work-related setting outside the workplace, for example during business trips, at external training events or at workrelated social events.

DISCIPLINARY PROCEDURE 1. Purpose & scope 1.1. The Company is committed to treating all staff fairly and equitably and to supporting employees to perform effectively. However, there may be occasions when it is necessary to invoke disciplinary procedures to address concerns with conduct or capability. The purpose of such procedures is to ensure fair treatment of employees who become liable to disciplinary action

HR POLICIES

1.2. All reasonable attempts will be made to resolve the matter informally where appropriate. But if either party feels this is not possible, the formal disciplinary procedure will be followed. 1.3. The disciplinary procedure will apply from the commencement of an employee’s employment. However, the employer shall, until such time as an employee qualifies for the right not to be unfairly dismissed, be entitled not to apply the procedure in whole or in part

2. Investigations 2.1. Prior to taking the decision to invoke the disciplinary procedure, the Company will ensure that a thorough investigation is carried out. The purpose of this investigation is to establish to facts surrounding the matter and may necessitate the gathering of detailed information as well as carrying out of interviews, taking written statements, etc. 2.2. The company may suspend the employee on full pay whilst investigations are carried out (and pending an investigation where it cannot be conducted immediately) in circumstances where relationships have broken down or the company considers that its property or responsibilities to other parties are at risk. This does not form a part of any disciplinary action and the period of suspension will be kept under review to ensure it does not become unnecessarily protracted. 2.3. After investigating the full facts, the Company will decide whether to drop the matter, arrange informal coaching or counselling, or arrange for the matter to be dealt with under the disciplinary procedure. 2.4. If the facts reveal that very minor issues of conduct or poor performance have occurred, the Company may provide informal advice, coaching and counselling as appropriate in the circumstances to encourage the employee to improve. The Company will clearly set out how the performance or conduct is to be improved and the period for review. This does not form a part of the formal disciplinary procedure. 2.5. If upon reviewing the conduct or performance the Company finds that it has not improved, the formal disciplinary procedures will be applied. Where possible, the investigation and the disciplinary hearing will be carried out by different people. 2.6. If the Company concludes that formal disciplinary action is appropriate, they will set out in writing to the employee, details of the alleged wrongdoing, why it is unacceptable, and they will invite the employee to attend a disciplinary hearing. 2.7. In the case of some gross misconduct allegations the employer may be justified summarily dismissing the employee without carrying out a full investigation and inviting the employee to attend a disciplinary hearing as detailed in clause 2.

3. Grievance 3.1. If a grievance is made by the employee during the course of the disciplinary procedure against the Manager dealing with the matter, the disciplinary procedure may be suspended pending consideration of the grievance and another manager may be asked to deal with the disciplinary procedure.

4. Hearings 4.1. The employee will be informed in writing of the arrangements for hearings and of their right to be accompanied. The hearing will take place without unreasonable delay. 4.2. The employee must attend the hearing at the scheduled time and failure to do so may result in disciplinary action being taken in the employee’s absence. Only in exceptional circumstances will an employee be able to postpone the hearing. If postponement is applied for as a result of the

HR POLICIES

employee’s companion’s inability to attend on the scheduled day, then the employee must propose another date within 5 working days of the original date. 4.3. The employee will be given copies of all evidence to be relied upon at the hearing in advance of the hearing date and will be given the opportunity to respond to the evidence and state their case. 4.4. The hearing may be adjourned so that any further investigations can be made (if appropriate) and a decision reached as to whether any disciplinary action will apply. 4.5. If the employee persistently fails to attend the disciplinary hearing, this may result in a decision being made in the employee’s absence. 5. Considerations 5.1. In deciding the appropriate disciplinary action, the Manager will take into account: 5.1.1.The extent to which the standards have been breached; 5.1.2.Similar previous breaches by any employee; 5.1.3.The employee’s disciplinary record; 5.1.4.The employee’s general record; 5.1.5.The employee’s explanation; 5.1.6.The employee’s position, experience and length of service; 5.1.7.The reasonableness of action taken; 5.1.8.Any special circumstances which may justify adjusting the severity of the penalty.

6. Breach of Performance or Misconduct (other than Gross Misconduct) 6.1. Stage 1: Formal written warning In the first instance, an employee who fails to meet required standards or whose conduct has been unacceptable will be given a formal written warning. The Manager will explain to the employee: In the case of unsatisfactory performance: 6.1.1.The performance problem; 6.1.2.The improvement required; 6.1.3.The timescale for improving (including setting a review date); 6.1.4.Details of the employer’s support to be provided. In the case of misconduct: 6.1.5.The changes required. 6.1.6.In all cases: 6.1.7.That the warning is the first stage of the formal disciplinary process and the consequences for failing to change behaviour for the better or improving performance (i.e. moving to the next stage of the process as appropriate); 6.1.8.That the employee has a right of appeal 6.1.9.That the warning will remain on the employee’s personnel file for disciplinary purposes for a period of 12 months.

6.2. Stage 2: Final Written Warning Where there is failure to improve performance or behaviour in the timescale set at the first formal stage or where the offence is to merit it, the employee will be given a final written warning and if appropriate, a further specified period of time for improvement. The warning letter shall specify:

HR POLICIES

6.2.1.The details of the complaint including the grounds relied on; 6.2.2.The improvement or change in behaviour required; 6.2.3.The timescale for achieving this; 6.2.4.That the employee has a right of appeal; 6.2.5.That a failure to improve or modify behaviour may lead to dismissal or some other penalty; 6.2.6.That the warning will remain on the employee’s personnel file for disciplinary purposes for a period of 18 months.

6.3. Stage 3: Dismissal or other penalty. If the final written warning is not heeded and the required improvement not made to the employee’s conduct or performance, or where the offence is such as to merit it, the employee may be dismissed or other appropriate penalty imposed, for example, demotion or suspension without pay. The employee shall be informed in writing as soon as reasonable possible: In the case of dismissal: 6.3.1.The reasons for dismissal; 6.3.2.The date on which the contract between he parties will terminate; 6.3.3.The period of notice 9or payment in lieu of notice); 6.3.4.Appeal rights and procedures. In the case of some other penalty: 6.3.5.The penalty imposed (or that no further action will be taken); 6.3.6.How the penalty affects the employee’s employment terms i.e, pay or job title; 6.3.7.Appeal rights and procedures. Employees with two years’ continuous service will be given, upon request, a written statement of the reasons for dismissal.

7. Gross Misconduct 7.1. Any matter relating to gross misconduct will be investigated in line with these procedures. 7.2. The following breaches are examples of gross misconduct and will render an employee liable for summary dismissal (i.e., dismissal without notice): 7.2.1.Breaches of the company’s policy on Health & Safety and Health & Safety at Work Regulations and any act at work which seriously endangers the health and safety of any other person, including careless handling of plant or vehicles, smoking in a non-smoking area or interference with any equipment provided for the health and safety of employees. 7.2.2.Refusal or failure to carry out reasonable instruction. 7.2.3.Unruly or disorderly behaviour, including violence, assault, or dangerous horseplay. 7.2.4.Theft or fraud, however apparently minor, including falsification or timesheet. These may also result in police prosecution. 7.2.5.Misuse or taking without authorisation company property, plant, vehicles or hired plant or equipment. 7.2.6.Use of company property to make or receive private phone calls, text messages or emails. 7.2.7.Wilful damage to the property of the company, a fellow employee or customer. 7.2.8.Gross immorality.

HR POLICIES

7.2.9.Sending or storing offensive, obscene or pornographic material whilst at work or on company business. 7.2.10. Bullying or harassment of ant of the company’s staff or staff of any supplier, customer or subcontractor of the company. 7.2.11. Gross insubordination or objectionable and insulting behaviour. 7.2.12. Being under the influence of alcohol or any non-prescribed drugs during working hours or bringing such drugs onto the premises or any site to which the employee is involved. 7.2.13. Behaviour by an employee which could, in any way, impair or destroy good relations between the company and any potential or existing customers or suppliers. 7.2.14. Conduct which is inconsistent with the continuance of the relationship of fidelity between the company and an employee, including jeopardising the company, its contracts, personnel, plant, vehicles etc by negligence or dereliction of duty. 7.2.15. Unauthorised entry to computer records or use of word processors or computer/ communications equipment for private use or personal access to the internet. 7.2.16. Unauthorised use of photocopiers or copying of computer programmes onto any other computer. 7.2.17. The introduction of viruses to The Employer’s computers and networks by disregard of The Employer’s policies and procedures. 7.2.18. Incurring any expense without written authority from someone duly authorised, whether for the company or for personal use. 7.2.19. Driving company vehicles when the employee is too tired to do so, or driving too fast, carelessly or dangerously. 7.2.20. Sending offensive, demeaning, disruptive, discriminatory or defamatory messages or images via the internet, social media or any of our electronic communication systems. 7.2.21. Any actual or threatened misuse or disclosure of information 7.2.22. working for or being involved with another company providing goods and services to this company (with the exception of share ownership) The above guide is intended as a guide and is not exhaustive. If the allegation of gross misconduct is upheld, the employee may be summarily dismissed. The employee will be notified in writing of: 7.2.23. The alleged misconduct which has led to the dismissal; 7.2.24. The date on which the contract between the parties terminated; and 7.2.25. Appeal rights and procedures. Employees who have been dismissed without a full investigation and disciplinary hearing taking place will be notified in writing of the reasons for deciding at the time of the dismissal that the employee was guilty of the alleged misconduct. Further, employees with two years’ continuous service will be given, upon request, a written statement of the particulars of reasons for dismissal.

8. Appeal 8.1. If an employee wishes to appeal against a decision given in the course of the disciplinary procedure, they must submit the grounds for his appeal in writing to a a member of the executive team within 5 working days of the employee’s receipt of the decision. The appeal hearing will, where possible, be heard within 14 days of this date. 35

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8.2. So far as is possible, the appeal will be dealt with by a Director who has not been involved at the other stages of the disciplinary procedure. 8.3. The employee shall be notified of the arrangements for dealing with the appeal as soon as possible and of their right to be accompanied at the appeal meeting. The employee must take all reasonable steps to attend the meeting. 8.4. The executive will be provided with all records and notes of the original disciplinary hearing, they will investigate the matter including any new evidence raised and will allow the employee an opportunity to comment on any new evidence. 8.5. 5 The employee shall be notified in writing of the appeal decision and the reasons for it as soon as possible (usually within 7 days of the hearing) and state whether it is the final stage of the appeal procedure or specifying further rights of appeal if relevant.

9. Accompaniment Rights 9.1. At all stages of the disciplinary procedure (except for investigative meetings which are not conducted as a disciplinary hearing) an employee may be accompanied by a fellow employee or, by any trade union official. If the employee is a member of a recognised trade union then it is good practice to request that a trade union official from that union should accompany them. 9.2. The employee must inform the employer of the chosen companion’s name, status and if the companion has a disability, confirm any special requirements to accommodate this. 9.3. 3 If the chosen companion is unable to attend any disciplinary hearing on the proposed date and time, the employee must suggest an alternative date and time and such date must fall within 5 working days after the original date set.

10. Mediation 10.1. In order to preserve the party’s relationship, if all of the above mechanisms have failed, we retain the right of proposing employing a third-party mediator to assist with resolving disputes. 10.2. This is an informal and confidential process and entirely voluntary and can only take place if all parties are in agreement. 10.3. The processes main aim is to achieve a mutually agreeable and workable solution. Following a successful mediation, the parties’ agreement should be put in writing and this can be referred to later if necessary

11. Records 11.1. The company will keep records of all matters arising from the disciplinary procedures including: 11.1.1. The complaint against the employee 11.1.2. The employee’s response 11.1.3. Findings made and actions taken 11.1.4. The reasons for actions taken 11.1.5. Whether an appeal was lodged and if so, the outcome of it 11.1.6. Any grievance raised during the disciplinary hearing 11.1.7. Any subsequent developments 11.1.8. All records will be kept confidential and for no longer than is necessary 11.1.9. The employee will be provided with a copy of all minutes of meetings and other applicable meeting records, although the employer may withhold some information in certain circumstances for example, in order to comply with data protection requirements. The above disciplinary procedure does not form part of your contractual terms of employment. 36

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GRIEVANCE PROCEDURE 1. Purpose and scope 1.1. The purpose of this policy is to provide employees with a readily accessible procedure for addressing any problems or concerns that they may have at work. 1.2. The aim of this procedure is to provide a framework for dealing with potential problems or concerns and should not replace normal employee – manager dialogue. 1.3. It is accepted that when people work together within an organisation, there will inevitably be situations where misunderstandings, concerns or problems need to be resolved. It is the policy of the organisation that a culture of good communication, openness, and a willingness to cooperate and listen will exist. Therefore, it is envisaged that the majority of these issues or misunderstandings will be capable of being addressed informally in an efficient and effective manner. 1.4. Should informal discussions between manager and employee fail to resolve an issue of concern, employees may utilise this procedure in an effort to have an issue resolved to their satisfaction. 1.5. At each grievance meeting held under the formal procedure, the employee has a right to be accompanied by a colleague or a trade union official. 1.6. The grievance procedure should not be used to lodge appeals against disciplinary sanctions. Employees should refer to the Company disciplinary procedure where sufficient mechanisms are available for dealing with employee dissatisfaction at a disciplinary sanction applied to them. 1.7. The organisation reserves the right to engage external third-party assistance at any stage of the grievance process. 1.8. This procedure does not constitute contractual terms and conditions. The Organisation reserves the right to amend any provision of this procedure subsequent to appropriate consultation.

2. ACAS Code of Practice: Disciplinary and Grievance Procedures 2.1. This policy fully incorporates the provisions of the ACAS code.

3. Procedure 3.1. In order to ensure employee complaints or problems receive an effective and timely resolution, the Company will follow the procedure as detailed within this policy to give full and careful attention to all issues that arise. 3.2. Reasonable adjustments will be made to the procedure for disabled employees. 3.3. Any employee who experiences difficulty with the procedure for any reason should seek assistance from the HR department.

4. Informal discussion 4.1. Employees are encouraged to approach their line manager in the first instance to discuss issues and attempt to resolve them informally. 4.2. Informal discussions can frequently solve problems without the need for written records. 4.3. Employees will receive an outcome where possible within five days of raising their concern. 4.4. Should an employee be dissatisfied with the outcome, they may invoke the formal grievance procedure.

5. Formal procedure 5.1. Stage One 5.1.1.The employee should raise the grievance in writing to the HR Manager. This should explain the nature and extent of the grievance and indicate the outcome the employee is looking for. 37

HR POLICIES

5.1.2.A grievance hearing will be scheduled with the employee within seven working days of the grievance being received by the HR Manager. The meeting will be held to discuss the grievance in detail and the employee should take any documents or evidence they have regarding the grievance to the meeting. Minutes of this meeting will be taken. 5.1.3.The employee is entitled to be accompanied by a fellow colleague or trade union representative. The employee must inform the employer of the chosen companion’s name, status and if the companion has a disability, confirm any special requirements to accommodate this. 5.1.4.The HR Manager will complete a full investigation into the matter. This may involve holding investigation meetings with witnesses, requiring written statements to be produced and reviewing written evidence. 5.1.5.A decision will be taken by the HR manager following the investigation and the grievance will be responded to, in writing, within seven working days (where possible) of the meeting being held. 5.1.6.The employee will be informed of actions to take if they wish to appeal the outcome. 5.1.7.Concerns regarding any matter which would fall within the scope of legislation on public interest disclosures (otherwise known as whistleblowing) must be raised directly using the Company Whistleblowing policy.

5.2. Stage Two 5.2.1.The matter will progress to be heard by the Executive Business Manager in place of the HR Manager if the employee is not satisfied with the outcome of stage one. 5.2.2.The employee should write to the Executive Business Manager setting out the reasons for their dissatisfaction. 5.2.3.Stage two will involve the same procedural steps as stage one, and the outcome will be provided to the employee with seven days of the hearing. The hearing will be held by the Executive Business Manager. 5.2.4.The employee will be information of actions to take if they wish to appeal the outcome.

5.3. Stage three 5.3.1.The matter will progress to be heard by the Managing Director in place of the Executive Business Manager if the employee is not satisfied with the outcome of stage two. 5.3.2.The employee should write to the Managing Director setting out the reasons for their dissatisfaction. 5.3.3.The same procedural steps as stage two will apply and the outcome will be provided to the employee within seven days of the hearing. The hearing will be held by the Managing Director. 5.3.4.There will be no further appeal after stage three. The Managing Director’s decision on the grievance will be final.

5.4. Simultaneous disciplinary and grievance matters 5.4.1.The Organisation will make a decision on how to progress matters when an employee raises a grievance about a disciplinary procedure involving them. 5.4.2.In line with ACAS guidance and the Company disciplinary procedure, the Company may suspend a disciplinary hearing for a short duration while the grievance is investigated. 5.4.3.The Company will assess the exact nature of the grievance and will have the final say over suspension of a disciplinary procedure.

5.5. Timescales 38

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5.5.1.Meetings will be held where possible within the prescribed timescales within this policy. From time to time, there may be extenuating circumstances that are outside the control of either parties’ control such as customer demand, work commitments, annual leave etc. that does not make this possible. In such circumstances, the meetings will be held as soon as is reasonably practicable.

5.6. Mediation 5.6.1.The Company reserve the right to seek assistant from external mediators at any stage in the grievance procedure. 5.6.2.Where both parties agree to undertake mediation, the grievance process will be suspended whilst this is ongoing.

5.7. Protection against detriment 5.7.1.Nothing in this procedure is intended to prevent the employee from raising any concerns they have. 5.7.2.Employees who raise concerns under this procedure will not be subject to any detrimental or less favourable treatment as a result of doing so. 5.7.3.Where a grievance is made which is deemed to be with malicious intent, the Company disciplinary procedure will apply to that employee.

CAPABILITY Capability issues, where an individual’s performance consistently falls short of the required standard, as identified through the company’s Performance Development Review, this may arise because you do not have adequate training, or you are unable to do the work to a satisfactory standard or for another reason. Then we will identify the reason and give appropriate support through the company’s Personal Development Plan, prior to invoking a formal procedure which may lead to dismissal. This must be considered separate from any conduct issues where you may deliberately behave in a way which means you do not reach the performance standards required. This would be dealt with using the Company Disciplinary Procedure.

STRESS AT WORK POLICY The Company recognises that its employees are its most important asset and we are committed to providing the support and assistance necessary to enable you to undertake your job duties in an environment that is as stress-free as possible. Our aim is to ensure your health and safety at work and that you are not subjected to excessive workloads, onerous working practices or a detrimental work environment. Employees who have high stress levels are more likely to work inefficiently, behave erratically, have low morale and be absent from work. Work performance will then suffer. We are committed to periodically reviewing all relevant data within the HR Department in conjunction with your Line Manager to ensure that, so far as reasonably practicable, it does not expose any employee to unnecessarily high stress levels in its work practices and work environment. As part of this commitment, we will: • •

determine if stress in the workplace is a problem, by seeking employees’ views where appropriate review job descriptions to identify any job duties that may involve stress 39

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• •

• • •

identify all those employees who may be affected by work-related stress take steps to eliminate or to reduce work-related stress to as low a level as reasonably practicable (for example, by changing working practices and procedures or workplace conditions, providing information and training and improving communication in the workplace) ensure that the Company’s grievance and disciplinary procedures are satisfactory and are communicated to all employees ensure that arrangements are in place for employees to report work-related stress to their line managers, that line managers are trained to identify the symptoms of stress and that support is provided to employees who are suffering from stress at work encourage employees to inform their line managers of any stress-related issues or problems ensure that, where a work-related stress report is made, the underlying causes and actions to remove or otherwise deal with these causes are identified ensure that the arrangements for reducing or eliminating work-related stress are monitored and reviewed for their effectiveness.

We are committed to providing a support system to help minimise and alleviate stress in the workplace. It is the Company’s intention to deal constructively and sympathetically with stress. Stress will not be treated as a sign of weakness. If you feel that your work performance or your health is suffering because of excessive pressure or stress-related matters, whether those matters are occurring outside the workplace or within the work environment, you should first raise this with your line manager. Your line manager will arrange a meeting with you to discuss the matter with a view to taking the appropriate steps to remove the cause of the stress or to assist you to deal with it. This may include evaluating the amount and complexity of your workload, your work environment and/or referring the matter to a more senior manager who may be in a better position to provide guidance and to take the appropriate steps to assist. Alternatively, if your stress is in your view entirely work-related, you may if you prefer invoke the Company’s formal grievance procedure or you may make a complaint under the Company’s provisions on Equal Opportunities and Dignity at Work. Employees are also free to seek help themselves from their own doctor or counsellor. However, please note that if you do not tell the company you are suffering from stress and unable to cope or if the Company is unaware that you have a particular problem or vulnerability, we will not be in a position to help you.

WHISTLEBLOWING POLICY Definition - Making a Disclosure in the Public Interest We are committed to the highest standards of openness, probity and accountability. An important aspect of accountability and transparency is a mechanism to enable staff and other members of the company to voice concerns in a responsible and effective manner. It is a fundamental term of every contract of employment that an employee will faithfully serve his or her employer and not disclose confidential information about the employer’s affairs. Nevertheless, where an individual discovers information which they believe shows serious malpractice or wrongdoing within the organisation then this

HR POLICIES

information should be disclosed internally without fear of reprisal, and there should be arrangements to enable this to be done independently of line management (although in relatively minor instances the line manager would be the appropriate person to be told). The Public Interest Disclosure Act, which came into effect in 1999, gives legal protection to you against being dismissed or penalised by us as a result of publicly disclosing certain serious concerns. The company has endorsed the provisions set out below so as to ensure that no members of staff should feel at a disadvantage in raising legitimate concerns. It should be emphasised that this policy is intended to assist individuals who believe they have discovered malpractice or impropriety. It is not designed to question financial or business decisions taken by the company nor should it be used to reconsider any matters which have already been addressed under harassment, complaint, disciplinary or other procedures. Once the "whistleblowing” procedures are in place, it is reasonable to expect you to use them rather than air their complaints outside the Company.

Scope of Policy This policy is designed to enable employees of the company to raise concerns internally and at a high level and to disclose information which you believe shows malpractice or impropriety. This policy is intended to cover concerns which are in the public interest and may at least initially be investigated separately but might then lead to the invocation of other procedures e.g. disciplinary. These concerns could include: • • • • • •

Financial malpractice or impropriety or fraud Failure to comply with a legal obligation or Statutes Dangers to Health & Safety or the environment Criminal activity Improper conduct or unethical behaviour Attempts to conceal any of these

Safeguards Protection This policy is designed to offer protection to those employees of the company who disclose such concerns provided the disclosure is made: • •

in good faith is the reasonable belief of the individual making the disclosure that it tends to show malpractice or impropriety and if they make the disclosure to an appropriate person (see below). It is important to note that no protection from internal disciplinary procedures is offered to those who choose not to use the procedure. In an extreme case malicious or wild allegations could give rise to legal action on the part of the persons complained about.

Confidentiality The Company will treat all such disclosures in a confidential and sensitive manner. The identity of the individual making the allegation may be kept confidential so long as it does not hinder or frustrate any

HR POLICIES

investigation. However, the investigation process may reveal the source of the information and the individual making the disclosure may need to provide a statement as part of the evidence required. Anonymous Allegations This policy encourages individuals to put their name to any disclosures they make. Concerns expressed anonymously are much less credible, but they may be considered at the discretion of the company. In exercising this discretion, the factors to be taken into account will include: • • •

The seriousness of the issues raised The credibility of the concern The likelihood of confirming the allegation from attributable sources

Untrue Allegations If an individual makes an allegation in good faith, which is not confirmed by subsequent investigation, no action will be taken against that individual. In making a disclosure the individual should exercise due care to ensure the accuracy of the information. If, however, an individual makes malicious or vexatious allegations, and particularly if he or she persists with making them, disciplinary action may be taken against that individual.

Procedures for Making a Disclosure On receipt of a complaint of malpractice, the member of staff who receives and takes note of the complaint, must pass this information as soon as is reasonably possible, to the appropriate designated investigating officer as follows: •

• • •

Complaints of malpractice will be investigated by the appropriate Director unless the complaint is against the Director or is in any way related to the actions of the Director. In such cases, the complaint should be passed to the Executive Business Development Manager for referral. In the case of a complaint, which is any way connected with but not against the Director, the Executive may nominate a Senior Manager to act as the alternative investigating officer. Complaints against the Executive should be passed to the Managing Director who will nominate an appropriate investigating officer. The complainant has the right to bypass the line management structure and take their complaint directly to the Managing Director. The Managing Director has the right to refer the complaint back to management if she feels that the management without any conflict of interest can more appropriately investigate the complaint.

Should none of the above routes be suitable or acceptable to the complainant, then the complainant may approach the Managing Director who has been designated and trained as an independent point of contact under this procedure. They can advise the complainant on the implications of the legislation and the possible internal and external avenues of complaint open to them. If there is evidence of criminal activity then the investigating officer should inform the police. The Company will ensure that any internal investigation does not hinder a formal police investigation. 42

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Timescales Due to the varied nature of these sorts of complaints, which may involve internal investigators and / or the police, it is not possible to lay down precise timescales for such investigations. The investigating officer should ensure that the investigations are undertaken as quickly as possible without affecting the quality and depth of those investigations. The investigating officer, should as soon as practically possible, send a written acknowledgement of the concern to the complainant and thereafter report back to them in writing the outcome of the investigation and on the action that is proposed. If the investigation is a prolonged one, the investigating officer should keep the complainant informed, in writing, as to the progress of the investigation and as to when it is likely to be concluded. All responses to the complainant should be in writing and sent to their home address.

Investigating Procedure The investigating officer should follow these steps: • •

• • •

Full details and clarifications of the complaint should be obtained. The investigating officer should inform the member of staff against whom the complaint is made as soon as is practically possible. The member of staff will be informed of their right to be accompanied by a trade union or other representative at any future interview or hearing held under the provision of these procedures. The investigating officer should consider the involvement of the Company auditors and the Police at this stage and should consult with the Managing Director The allegations should be fully investigated by the investigating officer with the assistance where appropriate, of other individuals / bodies. A judgement concerning the complaint and validity of the complaint will be made by the investigating officer. This judgement will be detailed in a written report containing the findings of the investigations and reasons for the judgement. The report will be passed to the Managing Director as/when appropriate. The Managing Director will decide what action to take. If the complaint is shown to be justified, then they will invoke the disciplinary or other appropriate Company procedures. The complainant should be kept informed of the progress of the investigations and, if appropriate, of the final outcome. If appropriate, a copy of the outcomes will be passed to the Company Auditors to enable a review of the procedures.

If the complainant is not satisfied that their concern is being properly dealt with by the investigating officer, they have the right to raise it in confidence with the Chief Executive as described above. If the investigation finds the allegations unsubstantiated and all internal procedures have been exhausted, but the complainant is not satisfied with the outcome of the investigation, the company recognises the lawful rights of employees and ex-employees to make disclosures to prescribed persons (such as the Health and Safety Executive, the Audit Commission, or the utility regulators), or, where justified, elsewhere. 43

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REFERENCES All offers of employment are subject to the receipt of satisfactory references. If you have already commenced employment by the time your references are received, your employment may therefore be terminated should your references not meet the standards and requirements of the Company. References are generally provided in confidence so will not be disclosed unless the reference provider gives their authority for us to do so.

DEDUCTIONS The Company reserves the right in its absolute discretion to deduct from your pay, any sums which you owe the Company, including but without limitation overpaid holiday entitlement, any traffic fines incurred which are the fault of the driver, salary or wage overpayments, loans or excess commissions if applicable, paid to you by the Company or losses suffered by the Company as a result of your negligence or breach of Company rules. Likewise, if you are involved in an accident and it is deemed to be your fault, the Company reserves the right to reclaim from you any excess charge made by the Company’s insurers. By acceptance of these terms and conditions you hereby authorise the Company to make such deductions as may apply to you.

TERMINATION OF EMPLOYMENT/NOTICE PERIODS Details concerning notice of termination are included in your Statement of Main Terms and Conditions of Employment. However, if you give notice to the Company or the Company gives you notice, it may be possible by mutual agreement to waive the formal notice periods. If notice periods are not waived then the Company does require that you work your notice period in full in order to seek a suitable alternative employee to undertake the role. The Company reserves the right to require you to take any outstanding holiday entitlement during your notice period. However, accrued holiday can not be substituted for your notice period. The Company also reserves the right to pay you in lieu of notice or require you to take ‘garden leave’ for all or part of the notice period. During any ‘garden leave’ you will be required to work for the Company and you will not be allowed to undertake any other work without the written permission of the Managing Director. The Company also reserves the right to require you to carry out other work within your capabilities in any department or area as an alternative to ‘garden leave’.

DATA PROTECTION As part of your terms and conditions of employment you give the Company permission to collect, retain and process information about you such as salary details, age, sex and ethnic origin. This information will only be used so that we can monitor our compliance with the law and best practice in areas such as equal opportunity, non-discrimination, pay and benefits administration, performance appraisal and disciplinary matters. You have a right to inspect such data and to do so you should make your request in writing to your Line Manager. If your personal circumstances change in any way, such as change of address, you should inform the HR department.

HR POLICIES

CONFIDENTIALITY POLICY You shall not, except as authorised by the Managing Director, or required by your duties under your employment contract, use for your own benefit or gain or divulge to any persons, firms, company or other organisation whatsoever any confidential information belonging to Debach Enterprises Limited, or relating to affairs or dealing which may come to your knowledge during your employment. This restriction shall cease to apply to any information or knowledge which may subsequently come into the public domain other than in breach of this clause. All records, documents and other papers considered being confidential, together with any copies or extracts thereof, made or acquired by you in the course of your employment shall be the property of Debach Enterprises Limited and must be returned on termination of your employment. Confidential information shall include all information which has been specifically designated as confidential by the organisation, any information that relates to the commercial and financial activities of Debach Enterprises Limited, the unauthorised disclosure of which could embarrass, harm or prejudice the organisation. Information relating to members of staff is of a confidential nature and must not be disclosed. Debach Enterprises Limited considers unauthorised disclosure of any confidential information a serious matter and disciplinary action will be taken, this could lead to dismissal.

RESTRICTIVE COVENANTS At no time during your employment with the Company are you allowed to canvass, solicit, or otherwise endeavour to entice away the custom of any person who is a current customer, client or supplier for your own benefit, or for the benefit of any other person carrying on business in competition with the Company. You are also prohibited from passing on information concerning our customers to any third party unless given permission to do so in writing, or for using it for any purpose of yours which is in conflict with the Company’s activities.

BREACH OF PROVISIONS Any breach of these provisions or any misconduct not specifically mentioned herein may be dealt with under the disciplinary procedure. The taking of disciplinary action by the Company does not preclude the possibility of action in a Civil or Criminal Court, whether initiated by the Company, an individual or the Civil Authorities.

HEALTH & SAFETY

HEALTH & SAFETY The Company recognises that it has a duty under the Health and Safety at Work Act 1974 to safeguard as far as is reasonably practicable, the health, safety and welfare of all staff at their place of work. The Company’s Health and Safety Policy is displayed on the notice board and you are required to comply with it together with any other safety procedures, which may be issued from time to time. You are reminded that you are responsible for ensuring that you act in a safe and sensible manner, to ensure your personal safety, and the safety of others, whilst at your place of work. Failure to do so will lead to disciplinary action, by the Company, depending on the severity of non-compliance; such actions may be classed as Gross Misconduct, and could also possibly result in criminal proceeding under the Health and Safety at Work Act. In case of fire, you must evacuate the building in accordance with the Fire Instructions. It is your responsibility to be aware of these instructions and where the nearest Fire Exit and Fire Appliances are located. You are issued with fire procedures and instructions for specific areas of work. Before commencing work in a new area, ensure you have read and understood the procedure. If you do not have procedures for a certain area contact the H&S Officer immediately. You are issued with a working alone procedure – please ensure that the guidelines are followed correctly. Ensure you have a mobile phone that is fully charged, so that contact can be made at all times. Please ensure you have a contact for ringing in at your set times, people may be unavailable due to holidays or sickness. You must use and operate equipment and machinery in the appropriate manner prescribed and in cases of gross negligence, disciplinary action will be taken. When instructed to do so you must wear the protective clothing and equipment provided. Failure to wear or use safety equipment provided will lead to disciplinary action. The Company provides protective clothing free of charge where necessary. Such items must be returned on leaving the Company and failure to do so could result in the cost of such items being deducted from your final wages. By acceptance of these conditions, you hereby authorise the Company to deduct such amount from any wages owing.

HEALTH & SAFETY COMMITTEE Our Health & Safety committee meet every 6 weeks. If you have a Health & Safety query that is not urgent, please let your line manager know so this can be brought up at the next Health & Safety meeting. We encourage improvement suggestions to be brought to the table for discussion at the meeting. Meeting minutes are printed on yellow paper and attached to notice boards around the site.

ACCIDENTS/INCIDENTS AT WORK You must report all accident/incident immediately to your Line Manager, who in turn will phone Sara Davis on 07970 240829 or Bee Kemball on 07970 240861, they will ensure that it is investigated and recorded in line with current legislative requirements. The accident/incident procedure will then be implemented as below:

HEALTH & SAFETY

ACCIDENT/INCIDENT REPORTING/INVESTIGATION PROCEDURE All Accidents/Incidents must immediately be reported to: •

Sara Davis 07970 240829 (Available 24/7)

In the absence of Sara Davis they must be reported to: •

Bee Kemball 07970 240861 (Available 24/7)

Once the investigation has been initiated SD or EJK will appoint either: • •

Jon Chapman 07970 240828 or Colin Johnson 07970 240827

Sara Davis will assist with information gathering for insurance purposes and assist with the relevant authorities that may be involved. Please be aware that immediately after a reported incident or accident, staff will need to be available to take statements. It is vital that a thorough investigation is conducted as soon as is practicable after the incident to ensure all relevant information is filed/photographed, in case this is required at a later date for Insurance purposes or required by the relevant authorities. A standard company form will be used to ensure that all required relevant information is gathered at the time of the Incident/Accident – these forms will be held by SD and EJK.

Examples of Accidents & Incidents Accident – major accident (other than vehicle collision) i.e. injury to staff / third party Incident – major incident i.e. theft or break in on company property

Accident Book Reporting Procedure In the event of a reportable accident taking place the Health and Safety Officer or the HR department must be notified immediately. The information below must be compiled and a Report sent to the Health and Safety Officer and the HR department, so that the issues can be dealt with immediately: Initial Accident/Incident information gathering and reports • • • • •

Accident Report Date and Time of the incident Injury to which part of the body (noting L or R) including photographs of the injury What treatment was required and given i.e. First Aider or Hospital Casualty Department Location of Accident including photographs

HEALTH & SAFETY

• • •

How accident occurred and why? Were there any hazards? Uneven surfaces? other factors involved that led to the incident occurring? Was Protective Clothing/Equipment being worn/used? A full statement from the person involved in the accident, including what they were doing, how they were doing it, were there any other factors that needed consideration which lead to the accident occurring Signed Statements from any/all witness(s), if necessary Contact details of the injured person, including name, address, contact telephone numbers and email address For third party personnel and agency staff we require the following information the name of their employer/agency, the name of the organisations HR person to contact and their contact number, the business address, the organisations telephone number including any relevant mobile contact numbers, and an e-mail address

Riddor Compliance •

•

It is our responsibility to ensure that if our staff are absent from work for a period of 10 days after the accident, and the injury or incident that occurred are reportable then a F2508 Riddor Report must be completed online within 15 days www.hse.gov.uk/riddor/report.htm normally a F2508 will be submitted by the H&S Officer, in their absence the Line Manager is responsible for submitting the information. Similarly if a third party or agency person is injured it is our responsibility to keep in contact with them and their employer, if they remain off work for a 10 day period then it must be agreed who will complete the report to the HSE and a copy of the Riddor Report must be held on file with the notification number.

Accidents must be entered on the day of the accident only. First Aiders are not to complete the accident book they are only to complete a report in their duplicate books, please ensure photographic evidence is taken as appropriate. A copy is then sent to the HR department. The Accident book must be completed by either the employee who had the accident and a Line Manager or the HR Department. This procedure must be strictly adhered to, as the information gathered at this point could prove vital in the event of any claims that may be forth coming.

SMOKING Smoke free Legislation: The Health Act 2006 Smoking has been prohibited by law in virtually all enclosed and substantially enclosed work and public places throughout the United Kingdom since July 2007. Smoke free legislation in England forms part of the Health Act 2006. Implementation followed the introduction of a similar law in Scotland in 2006 1,2 and regulations in Wales and Northern Ireland (April 2007). Under the Health Act, “substantially enclosed” 48

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means premises or structures with a ceiling or roof (including retractable structures such as awnings) and where there are permanent openings, other than windows or doors, which in total are less than half of the area of the walls. So, for example, bus stops can be required to be smoke free if the shelter is substantially enclosed. The law also applies to workplace vehicles which are used by more than one person at any time. Full details of the law including the detailed regulations can be accessed at: www.smokefreeengland.co.uk The main points of the legislation are as follows: The legislation, introduced on the 1st July 2007, now makes it illegal to smoke in all public enclosed or substantially enclosed area and workplaces. The ban includes smoking in vehicles which serve the public and / or are used for work purposes, the law is enforced by local authorities and carries personal and company fines up to a maximum of £2500 per offence. In the interests of our company insurance policy and health and safety regulations, smoking is not allowed anywhere on site except within the designated area, smoking is prohibited anywhere else on site, if you are found smoking outside of the designated area you will be subject to summarily dismissal as this constitutes a serious Gross Misconduct offence. If you visit customer sites, you should obey local rules in respect of smoking as well as respecting the wishes of the customer in the absence of such rules.

DRUG AND ALCOHOL POLICY The misuse of drugs and alcohol can be a serious workplace issue. Not only can their misuse lead to significant health problems but anyone under the influence of drugs or alcohol can be a hazard to themselves as well as their colleagues. We have a duty to ensure your health, safety and welfare at work. This means we would be committing an offence to knowingly allow an employee to work whilst under the influence of alcohol or drugs where it poses a threat to health and safety of you or your colleagues. To knowingly allow alcohol or controlled drugs to be supplied or used on out premises is also an offence. We recognise that alcohol and drug abuse related problems are an area of health and social concern. We also recognise that alcohol and drug abuse problems can have a detrimental effect on work performance and behaviour. It is therefore company policy that staff may not bring to or consume alcohol or any unlawful drugs in the workplace during work time or during a period prior to work where the effects may carry over to the workplace. This includes business functions where you are representing the company. Special rules may apply in relation to alcohol, where the company sponsors an event for staff e.g. the Christmas party. In these circumstances any variation to the no-alcohol policy will be communicated in advance of the event. We recognise that members of staff with alcohol or drug abuse problems needs help and support from us. However the Company also understands that it has a responsibility to all its employees and other stakeholders to ensure that any risks related to this are minimised. Therefore, company policy involves two approaches •

Providing reasonable assistance to the member of staff with an alcohol or drug abuse problem who is willing to co-operate in treatment for that problem.

HEALTH & SAFETY

•

Disciplinary rules, enforced through disciplinary procedures, where use of alcohol or drugs (other than on prescription) affects performance or behaviour at work, and where either an alcohol or drug dependency problem does not exist or where treatment is not possible or has not succeeded.

The Company does not have the internal resources to provide or arrange treatment or other forms of specialist assistance. Such services are provided by GPs, hospitals and other support agencies. Through this policy the company will seek both to assist a member of staff in obtaining such specialist help, and to protect his/her employment. Assistance for a Member of Staff The company will, where possible, provide the following assistance to a member of staff: • •

•

Helping the member of staff to recognise the nature of the problem, through referral to a qualified diagnostic or counselling service. Support during a period of treatment. This may include a period of sick leave or approved other leave, continuation in post or transfer to other work, depending upon what is appropriate in terms of the staff member's condition and needs of the company. The opportunity to remain or return to work following the completion of a course of treatment, as far as is practicable, in either the employee's own post or an alternative post.

The company's assistance will depend upon the following conditions being met: • •

The Occupational Health Service / Approved GP diagnoses an alcohol or drug dependency related problem. The member of staff recognises that he/she is suffering from an alcohol or drug abuse problem and is prepared to co-operate fully in referral and treatment from appropriate sources.

The company and its employees must recognise the following limits to the assistance the company can provide: •

• •

Where a member of staff fails to co-operate in referral or treatment arrangements, no special assistance will be given and any failure in work performance and behaviour will be dealt with through the Disciplinary Procedure. If the process of referral and treatment is completed but is not successful, and failure in work performance or behaviour occurs, these will be dealt with through the Disciplinary Procedure. A member of staff's continuation in his/her post or an alternative post during or after treatment will depend upon the needs of the company at that time.

Disciplinary Action In line with the Company's disciplinary rules, the following will be regarded as serious misconduct: • •

Attending work and/or carrying our duties under the influence of alcohol or drugs. Consumption of alcohol or drugs whilst on duty (other than where prescribed or approval has been given). 50

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Breach of these rules will normally result in summary dismissal, and only in exceptional cases will either notice or the reduced disciplinary action of a final written warning be applied. Where a breach of these rules occurs, but it is established that an alcohol or drug abuse related problem exists, and the member of staff is willing to co-operate in referral to an appropriate service and subsequent treatment, the company will suspend application of the Disciplinary Procedure and provide assistance as described above. Staff who do not comply with the treatment suggested or continue to abuse alcohol or drugs will be subjected to the application of the Disciplinary Policy Situations where a Disciplinary Situation does not exist There may be situations where the possible existence of alcohol or drug abuse problems affecting a member of staff comes to a manager's attention, although there is, or has been, no discernible affect on work performance or behaviour. This could arise if a member of staff confides in his/her manager about an alcohol or drug abuse problem, or a manager could see a need to approach a member of staff after observing possible "indicators" of an alcohol or drug abuse problem e.g. an absence pattern, information provided by the member of staff's colleagues, etc. In such situations, the Company would wish staff to feel they could seek help from their employer (in complete confidence) without worry that their job security would be in jeopardy. Accordingly if managers should be faced with a situation of this type they should: • • •

seek the advice of the Occupational Health Service / Approved GP regarding whether and how the matter could be dealt with; counsel the member of staff and, if appropriate, arrange for the member of staff to be interviewed by the Occupational Health Service / Approved GP. as in the procedure described above, the Occupational Health Service / Approved GP will play a facilitating role i.e. seeking to establish whether a problem exists, advising and directing the member of staff towards appropriate forms of treatment and help.

These steps cannot be taken without the co-operation of the member of staff. If the member of staff does not wish to co-operate, no further action should be taken. There are however a number of external organisations which provide help and support for individuals with an alcohol or drug related problem, your GP can advise you on the support network available to you. Should a member of staff take up the opportunity of assistance on this voluntary basis there need be no further formal involvement of management in terms of action or the right to learn of progress with treatment. It may be however that the member of staff would wish, or agree to, further involvement of management as a means of assisting progress with treatment. Use of the disciplinary procedures and/or the application of the approach described above would only be appropriate if subsequently, the member of staff is involved in a breach of disciplinary rules. Should the problems of the member of staff develop to an extent that his/her continuation in post or employment became impossible, it may be necessary to identify alternative work or arrange for 51

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termination, on the same basis as the Company operates for staff with problems of incapacity due to ill health.

Drug /Alcohol Testing We will ensure that all its employees work within the laws of the land. The UK laws on use of drugs and alcohol are clear: • • • •

It is a criminal offence for certain workers, such as drivers or operators of machinery in a public place, to be unfit for their work due to taking drugs or alcohol. It is a criminal offence to be unfit to drive, attempt to drive or be in charge of a motor vehicle when under the influence of drugs or alcohol. The possession, supply or production of controlled drugs is unlawful except for in special circumstances (e.g. when they have been prescribed by a doctor). Employees are also legally required to take reasonable care of themselves and to behave in a way that does not pose risks to the health and safety of themselves or others in the workplace. This includes consideration of the effects that intoxication through taking alcohol or drugs may have.

In order to ensure compliance with the law, we will undertake drug / alcohol testing for certain key jobs within the company. These will be carried out pre-employment, as part of a random testing scheme or as a result of an incident. These jobs are: • •

We will randomly undertake drug and alcohol testing for staff that operate company machinery or drive company vehicles. The Company reserves the right to add to or amend this list as appropriate. Individuals in these posts will be asked to agree to testing as part of their contract of employment.

To ensure the testing is legal and safe the following arrangements will apply: • • • • • • • •

Testing only to be carried out as a part of this policy, and only by trained staff who will carry out the test in a non-invasive way – usually by urine sample, exhalation, hair strand or oral drug testing. Samples to be collected under supervised conditions but respecting human dignity. Two identical samples are taken either on site or split in the test laboratory; Samples to be kept under “Chain of Custody” at all Screening test for alcohol / common drugs to be carried out on one sample with either positive or negative results; Any positive results from screening to be confirmed by approved scientific techniques; Results to be reviewed by an expert and reported back; Second sample to be kept for further analysis as part of any appeal by the employee; Confidentiality will be maintained at all times.

We believe that effective workplace drug and alcohol policies are a better way of achieving results than drug/alcohol testing and that providing an environment where employees can discuss any drug/alcohol problems they have, with the prospect of gaining help and support will be more effective than a testing regime. Therefore the undertaking of drug / alcohol testing in the workplace will be minimal and used only where the Company has a reasonable belief that abuse is taking place. 52

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DISPLAY SCREEN EQUIPMENT (DSE) POLICY Purpose & Scope The Company recognises its responsibility for compliance with the Display Screen Equipment Regulations 1992 and our duty to protect our employees from the risk of eyestrain. It is the purpose of this policy to set out the information in relation to eye health and using display screen equipment and the commitments of the Company to reduce any risk of eye-strain. What is Display Screen Equipment? Display Screen Equipment (DSE) is equipment such as laptops, desktops, tables etc. Any person who uses a display screen daily in the course of their work for more than an hour at a time is classed as a display screen user. The regulations don't apply to workers who use DSE infrequently or only use it for a short time.

What are the effects of DSE? DSE work does not cause permanent damage to eyes. But long spells of DSE work can lead to: • •

Tired eyes Discomfort Temporary short-sightedness Headaches

DSE work is visually demanding, so it can make someone aware of eyesight problems they have not noticed before (including changes in eyesight that happen with age). Employees can help their eyes by: • • • •

Checking the screen is well positioned and properly adjusted Making sure lighting conditions are suitable Taking regular breaks from screen work e.g. look away from the screen to a point in the distance Seek guidance from HR if they need to discuss any issues with their DSE setup

Procedure DSE users are entitled to request an eye test and the Company will pay up to £25 towards the cost of these eyesight tests. An employee who believes they should have, or would benefit from an eyesight test in respect of their use of display screen should: • • • •

Notify their line manager, in advance, before making arrangements to have an eye test Schedule an eye test with an appropriate optician Agree the arrangement for the eyesight test with their line manager Take all reasonable care to prevent loss or damage to glasses provided by the Company under this policy

HEALTH & SAFETY

After an eyesight test, the optician will confirm whether or not the employee requires glasses or other corrective appliances to perform their DSE work. If their requirement is confirmed, the Company will contribute £50 towards the cost of glasses or £75 should varifocals be required. The cost of the test and glasses will be reimbursed through expenses and will only be authorised for payment if a valid VAT receipt is received from the employee. Expenses should be submitted as soon as possible after the eyesight test or purchase of glasses to ensure timely reimbursement.

DSE Assessments The Company will carry out DSE assessments of employee workstations to ensure correct set up. The assessment will be completed for any new DSE users within their induction and with existing employees either annually or each time their work station changes.

OPERATIONS

GENERAL RULES The following general rules apply within the Company: • •

•

• • •

•

You are expected to be punctual at your place of work and lateness can result in disciplinary action. You are not allowed to take Company tools, materials or equipment off the Company premises for private use unless you are authorised to do so by management or use skips or waste disposal facilities retained by the company for your personal waste. The consumption of intoxicating liquor and illegal drugs on the Company’s premises are not permitted. If you are considered to be under the influence of drink or illegal drugs, you will be suspended from work with pay and will be subject to disciplinary action. You are expected to keep personal telephone calls to a minimum and such calls should only be for matter of urgency. This applies to incoming and outgoing calls using company telephones. Personal mobile telephones should only be used during breaks. The use of private picture phones is totally prohibited within the workplace. The use of a radio, tape recorder or any other form of audio or personal audio device is not allowed within the workplace. You should not place signs, bills or notices on Company notice boards without the prior approval of management. The acceptance of corporate hospitality invitations must be signed off by an Executive Manager or the Managing Director, the acceptance from a customer or business contact of gifts, commission or any sort of inducement whatsoever is not allowed. The acceptance of seasonal gifts may be allowed, but all these items must be handed to a member of the Executive team to be placed in the annual company draw, where all staff are given the opportunity to benefit from the pool of gifts via a random selection of tickets drawn in the presence of an independent witness. You are reminded that when dealing with customers the way you conduct yourself is a reflection of the Company. You should, therefore, conduct yourself in a proper and businesslike manner at all times. You are expected to dress in a neat and business like manner in order to maintain the professional image of the Company. In the interests of safety and security no personal visitors are allowed beyond the reception area without prior management approval.

STANDARDS OF PERFORMANCE AND BEHAVIOUR AT WORK We do not seek to inhibit individual choice in relation to your appearance and promote individuality. However, you are expected to dress appropriately at all times in relation to your role, and to ensure that your personal hygiene and grooming are properly attended to prior to presenting yourself at work. **If we have supplied you with a uniform, PPE or other apparel, then you must wear this at all times when required to do so; it is your responsibility to ensure that this is clean and presentable. **If your work brings you into contact with the general public then you must remove all visible piercings with the exception of a single set of earrings (or one single earring), and you must ensure your dress and grooming standards reflect the values of your employer. 55

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If you have any queries about what is appropriate, these should be directed to your line manager.

LONE WORKING POLICY This policy sets out the Company’s provisions on lone working. The Company discourages lone working and will avoid the need for employees to work alone where reasonably practicable. Where lone working is necessary, whether on a regular or occasional basis, the Company will take all reasonable steps to ensure the health, safety and welfare of employees working alone. The Company will also ensure that a formal health and safety risk assessment is carried out to identify the hazards and risks of lone working and to devise and implement safe working arrangements so that the risks are eliminated or adequately controlled, thus enabling lone workers to carry out their work in a safe environment.

Procedure Lone working can be safe provided employees take the following basic precautionary measures: • • • • • • • •

ensure that another member of staff, preferably your line manager, is aware you are working alone, where you are, what you will be doing and what time you expect to finish make sure you have some means of communication with someone in the event of an emergency, such as a mobile phone or two-way radio ensure you have access to first aid equipment know where your nearest emergency exit is and the Company’s emergency evacuation procedures make sure intruders cannot access the premises by checking that windows and external doors are locked comply with any arrangements or follow any guidance provided by your line manager for lone working take all reasonable steps to ensure your own safety inform your line manager as soon as possible of any incidents or safety concerns

Line managers should ensure that: • • • • • •

lone working is avoided as far as is reasonably practicable arrangements are in place so that someone is aware of a lone worker’s whereabouts at all times and a check is carried out at the end of the lone working period emergency procedures are in place so that lone workers can obtain assistance if required lone workers are provided with adequate information and training to understand the risks and the safe working procedures associated with working alone any employee working alone is capable of undertaking the work on their own the job can be done safely by one person

RIGHT OF SEARCH To safeguard you and to ensure that there is no abuse with regard to the removal of Company property or equipment, or items belonging to customers whilst in our care, the Company reserves the right to search 56

OPERATIONS

any employee or the contents of parcels, bags, lockers or vehicles whilst on the Company’s premises. The search will be conducted in the presence of a third person and you will have the right to ensure that another independent witness is present if so required. If such a search is refused the company may call the police if it is genuinely believed that a theft has occurred.

ANTI-BRIBERY POLICY Definition - The Company has a strict anti-bribery and corruption policy in line with the Bribery Act (2010). A bribe is defined as: giving someone a financial or other advantage to encourage that person to perform their functions or activities improperly or to reward that person for having already done so. If you bribe (or attempt to bribe) another person, intending either to obtain or retain business for the company, or to obtain or retain an advantage in the conduct of the company's business this will be considered gross misconduct. Similarly accepting or allowing another person to accept a bribe will be considered gross misconduct. In these circumstances you will be subject to formal investigation under the Company’s disciplinary procedures, and disciplinary action up to and including dismissal may be applied One of the Company’s core values is to uphold responsible and fair business practices. It is committed to promoting and maintaining the highest level of ethical standards in relation to all of its business activities. Its reputation for maintaining lawful business practices is of paramount importance and this Policy is designed to preserve these values. The Company therefore has a zero tolerance policy towards bribery and corruption and is committed to acting fairly and with integrity in all of its business dealings and relationships and implementing and enforcing effective systems to counter bribery.

Purpose and scope of Policy This Policy sets out the Company’s position on any form of bribery and corruption and provides guidelines aimed at: Ensuring compliance with anti-bribery laws, rules and regulations, not just within the UK but in any other country within which the Company may carry out its business or in relation to which its business may be connected enabling employees and persons associated with the Company to understand the risks associated with bribery and to encourage them to be vigilant and effectively recognise, prevent and report any wrongdoing, whether by themselves or others providing suitable and secure reporting and communication channels and ensuring that any information that is reported is properly and effectively dealt with creating and maintaining a rigorous and effective framework for dealing with any suspected instances of bribery or corruption. This Policy applies to all permanent and temporary employees of the Company (including any of its intermediaries, subsidiaries or associated companies). It also applies to any individual or corporate entity associated with the Company or who performs functions in relation to, or for and on behalf of, the Company, including, but not limited to, directors, agency workers, casual workers, contractors, consultants, seconded staff, agents, suppliers and sponsors (“associated persons”). All employees and associated persons are expected to adhere to the principles set out in this Policy.

Legal obligations 57

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The UK legislation on which this Policy is based is the Bribery Act 2010 and it applies to the Company’s conduct both in the UK and abroad. A bribe is an inducement or reward offered, promised or provided in order to gain any commercial, contractual, regulatory or personal advantage It is an offence in the UK to: • • •

offer, promise or give a financial or other advantage to another person (i.e. bribe a person), whether within the UK or abroad, with the intention of inducing or rewarding improper conduct request, agree to receive or accept a financial or other advantage (i.e. receive a bribe) for or in relation to improper conduct You can be held personally liable for any such offence.

It is also an offence in the UK for an employee or an associated person to bribe another person in the course of doing business intending either to obtain or retain business, or to obtain or retain an advantage in the conduct of business, for the Company. The Company can be liable for this offence where it has failed to prevent such bribery by associated persons. As well as an unlimited fine, it could suffer substantial reputational damage.

Policy statement All employees and associated persons are required to: • • • •

comply with any anti-bribery and anti-corruption legislation that applies in any jurisdiction in any part of the world in which they might be expected to conduct business act honestly, responsibly and with integrity safeguard and uphold the Company’s core values by operating in an ethical, professional and lawful manner at all times. Bribery of any kind is strictly prohibited. Under no circumstances should any provision be made, money set aside or accounts created for the purposes of facilitating the payment or receipt of a bribe

The Company recognises that industry practices may vary from country to country or from culture to culture. What is considered unacceptable in one place may be normal or usual practice in another. Nevertheless, a strict adherence to the guidelines set out in this Policy is expected of all employees and associated persons at all times. If in doubt as to what might amount to bribery or what might constitute a breach of this Policy, refer the matter to your line manager or to the Managing Director. For the Company’s rules and procedures in relation to the receipt of business gifts from third parties and corporate hospitality offered to or received from third parties, please refer to the Company’s Gifts from Clients/Suppliers, and Corporate Hospitality under general rules. These form part of the Company’s zero tolerance policy towards bribery and they should be read in conjunction with this Policy. The giving of business gifts to clients, customers, contractors and suppliers is not prohibited provided the following requirements are met:

OPERATIONS

• • • • • • •

the gift is not made with the intention of influencing a third party to obtain or retain business or a business advantage, or to reward the provision or retention of business or a business advantage it complies with local laws it is given in the Company’s name, not in the giver’s personal name it does not include cash or a cash equivalent (such as gift vouchers) it is of an appropriate and reasonable type and value and given at an appropriate time it is given openly, not secretly it is approved in advance by the Managing Director of the Company.

In summary, it is not acceptable to 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, or to accept a payment, gift or hospitality from a third party that you know or suspect is offered or provided with the expectation that it will obtain a business advantage for them. Any payment or gift to a public official or other person to secure or accelerate the prompt or proper performance of a routine government procedure or process, otherwise known as a “facilitation payment”, is also strictly prohibited. Facilitation payments are not commonly paid in the UK but they are common in some other jurisdictions.

Responsibilities and reporting procedure It is the contractual duty and responsibility of all employees and associated persons to take whatever reasonable steps are necessary to ensure compliance with this Policy and to prevent detect and report any suspected bribery or corruption in accordance with the procedure set out in the Company’s Disclosures in the Public Interest Policy. You must immediately disclose to the Company any knowledge or suspicion you may have that you, or any other employee or associated person, has plans to offer, promise or give a bribe or to request, agree to receive or accept a bribe in connection with the business of the Company. For the avoidance of doubt, this includes reporting your own wrongdoing. The duty to prevent, detect and report any incident of bribery and any potential risks rests not only with the directors of the Company but equally to all employees and associated persons. The Company encourages all employees and associated persons to be vigilant and to report any unlawful conduct, suspicions or concerns promptly and without undue delay so that investigation may proceed and any action can be taken expeditiously. In the event that you wish to report an instance or suspected instance of bribery, you should follow the steps set out in the Company’s Disclosures in the Public Interest Policy. Confidentiality will be maintained during the investigation to the extent that this is practical and appropriate in the circumstances. The Company is committed to taking appropriate action against bribery and corruption. This could include either reporting the matter to an appropriate external government department, regulatory agency or the police and/or taking internal disciplinary action against relevant employees and/or terminating contracts with associated persons. The Company will support anyone who raises genuine concerns in good faith under this Policy, even if they turn out to be mistaken. It is also committed to ensuring nobody suffers any detrimental treatment as a

OPERATIONS

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 corruption offence has taken place or may take place in the future.

Record keeping All accounts, receipts, invoices and other documents and records relating to dealings with third parties must be prepared and maintained with strict accuracy and completeness. No accounts must be kept “off the record” to facilitate or conceal improper payments.

Sanctions for breach A breach of any of the provisions of this Policy will constitute a disciplinary offence and will be dealt with in accordance with the Company’s disciplinary procedure. Depending on the gravity of the offence, it may be treated as gross misconduct and could render the employee liable to summary dismissal. As far as associated persons are concerned, a breach of this Policy could lead to the suspension or termination of any relevant contract, sub-contract or other agreement.

Monitoring compliance The Managing Director has lead responsibility for ensuring compliance with this Policy and will review its contents on a regular basis. She will be responsible for monitoring its effectiveness and will provide regular reports in this regard to the directors of the Company who have overall responsibility for ensuring this Policy complies with the Company’s legal and ethical obligations.

Training The Company will provide training to all employees to help them understand their duties and responsibilities under this Policy. The Company’s zero tolerance approach to bribery will also be communicated to all business partners at the outset of the business relationship with them and as appropriate thereafter.

ILLEGAL TRADING POLICY Debach Enterprises Limited will not tolerate any form of illegal trading. Please will all staff be aware that the trading, sale, purchasing, exchange, or acquisition of any goods including pirated products, which are not duty paid, or do not have a legitimate origin (e.g. stolen, purchased abroad, or acquired in this country without proof of purchase) by employees during their working hours, on company / customer property / premises will be considered by the company to be a GROSS MISCONDUCT offence under the disciplinary procedure. Illegal trading shall not be conducted with other members of staff, anyone you come into contact with on a regular or occasional basis whilst on company business, either face-to-face or via telephone or e-mail contact. Gross Misconduct is the most serious offence within the disciplinary procedure, and can result in the right to suspend an employee for up to 5 days with pay while the matter is being investigated. In the worst case scenario, it could result in the employee being dismissed, even with a clean employment history.

IT POLICIES

I.T POLICY This policy sets out the responsibilities of staff that have been granted authorisation to use computer resources at Debach Enterprises Ltd, and a code of practice governing the administration of such services. In doing so, we hope to encourage confident and efficient use of IT facilities whilst safeguarding the interests of the organisation and individual staff. Under no circumstances shall this document limit the applicability or obscure the intentions of any policy or legislation that already governs computer use at Debach Enterprises Ltd. Any discrepancy shall be resolved in favour of the policy with higher authority, but without restricting the applicability of other clauses in this document. Updates to this policy will be made when necessary. These may be as a result of company initiatives or in response to changes in external legislation. Details of any updates will be circulated to those staff to which this policy applies. A. Definition of Terms •

• •

Without limiting its generality, the term IT facilities shall be taken to include: free standing computers, networked computers, time-shared computers and terminals; RDTs and Company mobile phones and tablets; services or software running on those systems; networking that connects a computer or terminal to any other computer or terminal; computer peripherals; media (USB’s, CD’s and flash drives); components; operating manuals and other documentation; Within this document the term user shall be taken to mean any member of staff who uses, or is authorised to use IT facilities at Debach Enterprises Ltd; The term login password refers to the password issued by a system administrator when authorising use of IT facilities.

B. External Conditions of Use •

Some IT facilities are provided by Debach Enterprises Ltd though contractual agreements with third party organisations. Users of IT facilities must abide by the terms and conditions of these agreements such as are in force at the time. Requirements specific to computer use currently included: Computer Misuse Act (1990); Data Protection Act (1998); Licenses for other installed software.

C. Authorisation to Use IT Facilities • •

Use of IT facilities at Debach Enterprises Ltd is subject to receiving proper authorisation, and is generally permitted only where it is required by the nature of your employment at Debach Enterprises Ltd; Authorisation may only be granted by the system administrators of Debach Enterprises Ltd. A unique username and login password will be issued to each individual who is authorised to use IT facilities;

IT POLICIES

• •

Under no circumstances should an individual disclose or record their login password – legitimate system administrators should not ask for this information, and cannot discover it from the system data; If it is suspected that any password, including the login password, has become known by a third party then it is your responsibility to inform a system administrator immediately so that the relevant password can be changed.

D. General Responsibilities of Users •

• •

•

• • •

Computer use is already deeply integrated into our daily work routines and business processes, and as such is subject to the same standards and safeguards as any other work-related activity. This includes confidentiality, copyright/intellectual property rights, and dissemination of information, wastage and housekeeping. A number of physical safety issues are associated with computer use. In particular, you should ensure that you are familiar with the Health & Safety Executive’s publication INDG36 (Working with display screen equipment (DSE)), and report any problems to the Health & Safety Officer; You are responsible for ensuring that the IT facilities you use are appropriate to the demands generated by your work. Security considerations are of prime importance and some confidential information may need special storage procedures. Systems administrators can provide advice on all aspects of IT provision within the company. Users of IT facilities should always be vigilant for computer viruses and attempts to breach Debach Enterprises Ltd procedures. Email attachments should only be opened if they were explicitly requested or expected. Users should log off workstations when away from their desks for more than a few minutes; Information that is produced using IT facilities should be presented in a way that is readily accessible to all intended recipients. This includes email, web pages and printed material; Data generated using IT facilities should be saved in an organised and tidy manner, with documentation when this is complex or unclear, such that another member of staff could readily find important information in the event of your illness or other incapacity; Any other information required for access to Debach Enterprises Ltd computer-based processes, and of which you are uniquely knowledgeable, should be clearly documented and made available in the event of your illness or other incapacity.

E. Acceptable and Unacceptable Use • • • • • •

IT facilities are provided in order that you can efficiently carry out those duties consequent upon your employment at Debach Enterprises Ltd; Although reasonable personal use will be tolerated where this does not impinge on the fulfilment of contractual obligations, this does not constitute acceptable use and is a privilege that may be revoked at any time: Users are not permitted to use IT facilities for any of the following: Any unlawful activity; The creation, transmission, storage, downloading or display of any offensive, obscene, indecent or menacing images, data or other material or any data capable of being resolved into such images or material; The creation or transmission of material which is designed or likely to cause annoyance, inconvenience or needless anxiety, or to harass another person;

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• • • • • • • • •

The creation or transmission of defamatory material about any individual or organisation; The sending of any email that does not correctly identify the sender of that email or attempts to disguise the identity of the computer from which it was sent; The transmission, without proper authorisation of email to a large number of recipients, unless those recipients have indicated an interest in receiving such email, or the sending or forwarding of email which is intended to encourage the propagation of copies of itself; The creation, access or transmission of material in such a way as to infringe a copyright, moral right, trade mark or other intellectual property right; Private profit, except to the extent authorised under the user’s conditions of employment or other agreement with the company, or commercial purposes without specific authorisation; Gaining or attempting to gain unauthorised access to any facility or service within or outside Debach Enterprises Ltd, or making any attempt to disrupt or impair such a service; Downloading and/or streaming music, videos or any other such unauthorised content; Not to download any unauthorised apps to their work devices without prior authorisation from management; The deliberate or reckless undertaking of activities such as may result in the following: o o o o o

The waste of staff effort or network resources, including time on any system accessible via Debach Enterprises Ltd network; The corruption or disruption of data; The violation of the privacy of other users; The disruption of the work of other users; The introduction or transmission of a virus into the network.

F. System Administrators’ Code of Practice • • • • •

Debach Enterprises Ltd IT facilities are managed by appointed system administrators who are React Computer Partnership and at Debach Enterprises Ltd Sara Davis; At all times the system administrators will act with due care and consideration for the security, privacy and confidentiality of information that may become available to them in the legitimate course of their work. Basic system usage information will be routinely logged where necessary for the effective management of IT facilities only. Logs will be retained for an appropriate length of time and will be held securely; In the event of a properly authorised disciplinary or legal investigation, systems administrators will cooperate fully in the provision of log extracts and other directly relevant information; System administrators have the right to access users’ files and examine network traffic. It will be part of the System Administrators duties to routinely check all incoming and outgoing email content and web sites accessed by all users without first notifying staff.

G. Investigation and Disciplinary Proceedings • •

Any suspected breach of the rules governing the use of IT facilities at Debach Enterprises Ltd shall be reported to the system administrators; Investigation of alleged computer misuse will be carried out in a timely manner, and may require the involvement of the system administrators, who will act in accordance with their code of practice (section F);

IT POLICIES

•

If, after any relevant investigation, it is evident that specific activities have been carried out which constitute a breach of the rules governing the use of IT facilities at Debach Enterprises Ltd, then the perpetrator of those activities shall be liable to disciplinary action as described in the staff handbook.

H. Grievance Procedure • •

If you are dissatisfied with any matter relating to computer use in your work then you are encouraged to raise this directly with the system administrators in the first instance; If you do not receive a satisfactory response from the system administrators or feel that contacting them is inappropriate, then you should follow the grievance procedure described in the staff handbook.

SOCIAL MEDIA POLICY Social media definition Social media is an interactive online media that allows users to communicate instantly with each other or to share data in a public forum. It includes social and business networking websites such as Facebook, Instagram, Twitter and LinkedIn. Social media also covers video and image sharing websites such as YouTube and Flickr, as well as personal blogs. This is a constantly changing area with new websites being launched on a regular basis and therefore this list is not exhaustive. This policy applies in relation to any social media that employees may use.

Use of social media at work Limited social media use at work Employees are only permitted to log on to social media websites or to keep a blog using the Company’s IT systems and equipment outside their normal working hours (for example, during lunch breaks or after the working day has finished) and this must not under any circumstances interfere with their job duties or have a detrimental effect on their productivity. This includes laptop and hand-held computers or devices distributed by the Company for work purposes. The Company nevertheless reserves the right to restrict access to this type of websites at any time. Where employees have their own computers or personal devices, such as laptops and hand-held devices, again they must limit their use of social media on this equipment to outside their normal working hours. However, employees may be asked to contribute to the Company’s own social media activities during normal working hours, for example by writing Company blogs or newsfeeds, managing a Facebook account or running an official Twitter or LinkedIn account for the Company. Employees must be aware at all times that, while contributing to the Company’s social media activities, they are representing the Company.

Company’s social media activities Where employees are authorised to contribute to the Company’s own social media activities as part of their work, for example for marketing, promotional and recruitment purposes, they must adhere to the following rules:

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• • • • •

use the same safeguards as they would with any other type of communication about the Company that is in the public domain ensure that any communication has a purpose and a benefit for the Company obtain permission from their line manager before embarking on a public campaign using social media request their line manager to check and approve content before it is published online follow any additional guidelines given by the Company from time to time

The social media rules set out below also apply as appropriate. In addition, such social media accounts which are operated for business purposes (and their contents) belong to the Company and therefore these accounts used by an employee during employment may not be used after termination of employment.

Social media rules The Company recognises that many employees make use of social media in a personal capacity outside the workplace and outside normal working hours. While they are not acting on behalf of the Company in these circumstances, employees must be aware that they can still cause damage to the Company if they are recognised online as being one of its employees. Therefore, it is important that the Company has strict social media rules in place to protect its position. When logging on to and using social media websites and blogs at any time, including personal use on noncompany computers outside the workplace and outside normal working hours, employees must not: •

•

other than in relation to the Company’s own social media activities or other than where expressly permitted by the Company on business networking websites such as LinkedIn, publicly identify themselves as working for the Company, make reference to the Company or provide information from which others can ascertain the name of the Company (and in any event they should not hold themselves out as associated with the Company on any social media website after termination of employment) other than in relation to the Company’s own social media activities or other than where expressly permitted by the Company on business networking websites such as LinkedIn, write about their work for the Company - and, in postings that could be linked to the Company, they must also ensure that any personal views expressed are clearly stated to be theirs alone and do not represent those of the Company conduct themselves in a way that is potentially detrimental to the Company or brings the Company or its clients, customers, contractors or suppliers into disrepute, for example by posting images or video clips that are inappropriate or links to inappropriate website content other than in relation to the Company’s own social media activities or other than where expressly permitted by the Company on business networking websites such as LinkedIn, use their work email address when registering on such sites or provide any link to the Company’s website

IT POLICIES

•

allow their interaction on these websites or blogs to damage working relationships with or between employees and clients, customers, contractors or suppliers of the Company, for example by criticising or arguing with such persons include personal information or data about the Company’s employees, clients, customers, contractors or suppliers without their express consent (an employee may still be liable even if employees, clients, customers, contractors or suppliers are not expressly named in the websites or blogs as long as the Company reasonably believes they are identifiable) - this could constitute a breach of the Data Protection Act 1998 which is a criminal offence make any derogatory, offensive, discriminatory, untrue, negative, critical or defamatory comments about the Company, its employees, clients, customers, contractors or suppliers (an employee may still be liable even if the Company, its employees, clients, customers, contractors or suppliers are not expressly named in the websites or blogs as long as the Company reasonably believes they are identifiable make any comments about the Company’s employees that could constitute unlawful discrimination, harassment or cyber-bullying contrary to the Equality Act 2010 or post any images or video clips that are discriminatory or which may constitute unlawful harassment or cyberbullying - employees can be personally liable for their actions under the legislation disclose any trade secrets or confidential, proprietary or sensitive information belonging to the Company, its employees, clients, customers, contractors or suppliers or any information which could be used by one or more of the Company’s competitors, for example information about the Company’s work, its products and services, technical developments, deals that it is doing or future business plans and staff morale breach copyright or any other proprietary interest belonging to the Company, for example, using someone else’s images or written content without permission or failing to give acknowledgement where permission has been given to reproduce particular work - if employees wish to post images, photographs or videos of their work colleagues or clients, customers, contractors or suppliers on their online profile, they should first obtain the other party’s express permission to do so.

Employees must remove any offending content immediately if they are asked to do so by the Company. Work and business contacts made during the course of employment through social media websites (such as the names and contact details of existing or prospective customers, clients and suppliers) and which are added to personal social and business networking accounts (in particular to LinkedIn), or which are stored on the Company’s computer system, amount to confidential information belonging to the Company and accordingly must be surrendered on termination of employment. On termination of employment or once notice to terminate employment has been given, employees must, on request, disclose to the Company a full list of all work and business contacts that they hold on all devices or on all social and business networking accounts. The Company may then require the departing employee to delete any or all such work and business connections from their devices (including from personal devices) or from their social or business networking account, not keep copies of the same and not reconnect with those connections for a period of six months from termination of employment. The Company may also require written confirmation from the employee that these provisions have been complied with. 66

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Employees should remember that social media websites are public fora, even if they have set their account privacy settings at a restricted access or “friends only” level, and therefore they should not assume that their postings on any website will remain private. Employees must also be security conscious when using social media websites and should take appropriate steps to protect themselves from identity theft, for example by placing their privacy settings at a high level and restricting the amount of personal information they give out, e.g. date and place of birth. This type of information may form the basis of security questions and/or passwords on other websites, such as online banking. Should employees notice any inaccurate information about the Company online, they should report this to their line manager or HR in the first instance.

Social media monitoring The Company reserves the right to monitor employees’ use of social media on the Internet, both during routine audits of the computer system and in specific cases where a problem relating to excessive or unauthorised use is suspected. The purposes for such monitoring are to: • • • • •

promote productivity and efficiency ensure the security of the system and its effective operation make sure there is no unauthorised use of the Company’s time ensure that inappropriate, restricted or blocked websites are not being accessed by employees make sure there is no breach of confidentiality.

The Company reserves the right to restrict, deny or remove Internet access, or access to particular social media websites, to or from any employee.

Contravention of this policy Failure to comply with any of the requirements of this policy is a disciplinary offence and may result in disciplinary action being taken under the Company’s disciplinary procedure. Depending on the seriousness of the offence, it may amount to Gross Misconduct and could result in the employee’s summary dismissal.

TELEPHONE/MOBILE PHONE USAGE The Company’s telephone lines (including Company mobile phones) are for the exclusive use by employees in connection with the Company’s business. Whilst the Company will tolerate essential personal telephone calls concerning an employee’s domestic arrangements, excessive use of the telephone for personal calls (and also, in the case of Company mobile phones, for personal text messages and personal Internet access) is prohibited. This includes lengthy, casual chats and calls at premium rates. Not only does excessive time engaged on personal telephone calls lead to loss of productivity, but it also constitutes an unauthorised use of the Company’s time. If the Company discovers that the telephone has been used excessively for personal calls (or, in the case of Company mobile phones, for personal text messages or personal Internet access), this will be dealt with under the Company’s disciplinary procedure and the employee will also be required to pay the Company the cost of the personal calls (or, in the case of Company mobile phones, personal text messages or personal Internet access) made. 67

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Acceptable telephone use should be no more than three minutes of personal calls in each working day. Personal telephone calls should be timed so as to cause minimum disruption to the employee’s work and should, as a general rule, only be made during breaks except in the case of a genuine emergency. Employees must not use work landlines and mobile phones to place gambling bets under any circumstances and doing so will be a disciplinary matter dealt with under our disciplinary procedure.

Telephone monitoring Employees should be aware that telephone calls made and received on the Company’s telephone network will routinely be monitored in real time by managers and recorded to assess employee performance, to ensure customer satisfaction and to check that the use of the telephone system is not being abused or used in an unauthorised manner. In addition, an itemised call log may be maintained and retained of all external calls made and received on the Company’s telephone network. This may include details of the external caller’s number and the date, time and duration of the call. Employees should also be aware that voicemail messages may be checked by managers for business calls when they are absent for any reason. It may therefore be unavoidable that some personal messages might be heard in these circumstances. If employees wish to make or take a particularly sensitive, private or confidential personal telephone call, they are advised that they can use a telephone that is assigned by their Line Manager; they will in turn ensure that the specific call will not be subject to any form of monitoring or recording by the Company. Telephone monitoring also covers Company mobile phones. The Company reserves the right to monitor Company mobiles phones, both during routine audits and in specific cases where a problem relating to excessive or unauthorised use is suspected. The purposes of such monitoring include checking that the use of the Company’s mobile telephone network is not being abused or used in an unauthorised manner, ensuring there is no unauthorised use of the Company’s time and ensuring that inappropriate websites are not being accessed from Company mobile phones. Therefore, in relation to Company mobile phones, the Company reserves the right to obtain an itemised list from the mobile phone service provider of all outgoing calls made on the mobile phone. This list may include details of each number called, the date, time and duration of each call and the cost of each call. In addition, the Company reserves the right to obtain an itemised list from the mobile phone service provider of all outgoing text messages sent from the mobile phone. This list may include details of each number texted, the date and time of each text message and the cost of each text message. Where exceptional circumstances warrant it, the Company may also ask the mobile phone service provider to provide access to the actual content of text messages. Finally, where applicable, the Company may request Internet access records from the mobile phone service provider, including websites visited and the amount of mobile data used.

Personal Mobile phones Whilst the Company will tolerate the use of employees’ own mobile phones for essential personal calls during normal working hours, excessive use is prohibited. Also prohibited are lengthy calls, casual chats, text messaging, e-mailing, web browsing, accessing phone apps, using social media sites and the taking of video and/or still images if your phone is so enabled. 68

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Your mobile phone should be set to a silent ring or vibrate during normal working hours. Or If you wish to use your mobile phone, you should do so outside of normal working hours.

INTERNET AND EMAIL USAGE POLICY AND GUIDELINES This policy sets out the obligations and expectations on employees of the Company including contractors and temporary staff, who use the Company’s IT facilities for internet and email purposes. IT facilities are provided to assist with day to day work. It is important that they are used responsibly, are not abused, and that individuals understand the legal professional and ethical obligations that apply to them.

Authorisation No person is allowed to use Company IT facilities who has not previously been authorised to do so by the Company, or the Executive Business Development Manager. Unauthorised access to IT facilities is prohibited and may result in either disciplinary action or criminal prosecution.

Legislation All users shall comply with the relevant legislation. This includes the following:

Data Protection Act 2018/Freedom of Information Act 2000 Any information which the Company holds is potentially disclosable to a requester under one of these pieces of legislation. This includes emails too. Users need to be sure that they are not breaching any data protection when they write and send emails. This could include but is not limited to: • • •

Passing on personal information about an individual or third party without their consent. Keeping personal information longer than necessary. Sending personal information to a country outside the EEA.

Email should where possible be avoided when transmitting personal data about a third party. Any email containing personal information about an individual may be liable to disclosure to that individual under the Data Protection Act 2018. This includes comment and opinion, as well as factual information. Therefore this should be borne in mind when writing emails, and when keeping them.

Computer Misuse Act 1990 This Act makes it an offence to try and access any computer system for which authorisation has not been given.

IT POLICIES

Under this Act it is an offence to copy software without the permission of the owner of the copyright.

Defamation Act 1996 Under this Act it is an offence to publish untrue statements which adversely affect the reputation of a person or group of persons.

Terrorism Act 2006 This Act has makes it a criminal offence to encourage terrorism and/or disseminate terrorist publications. Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000. This allows for any organisation to monitor or record communications (telephone, internet, email, and fax) for defined business related purposes.

Responsibilities All Users are expected to act in a manner that will not cause damage to IT facilities or disrupt IT services. Any accidental damage or disruption must be reported to the IT Department or your Line Manager as soon as possible after the incident has occurred. Users are responsible for any IT activity which is initiated under their username.

Use of the Internet Use of the Internet by employees is encouraged where such use is consistent with their work and with the goals and objectives of the Company in mind. Reasonable personal use is permissible subject to the following: •

•

• • • •

• • •

Users must not participate in any online activities that are likely to bring the Company into disrepute, create or transmit material that might be defamatory or incur liability on the part of the Company, or adversely impact on the image of the Company. Users must not visit, view or download any material from an internet site which contains illegal or inappropriate material. This includes, but is not limited to, pornography (including child pornography), obscene matter, race hate material, violence condoning messages, criminal skills, terrorism, cults, gambling and illegal drugs. Users must not knowingly introduce any form of computer virus into the Company’s computer network. Personal use of the internet must not cause an increase for significant resource demand, e.g. storage, capacity, speed or degrade system performance. Users must not “hack into” unauthorised areas. Users must not download commercial software or any copyrighted materials belonging to third parties, unless such downloads are covered or permitted under a commercial agreement or other such licence. Users must not use the internet for personal financial gain. Users must not use the Internet for illegal or criminal activities, such as, but not limited to, software and music piracy, terrorism, fraud, or the sale of illegal drugs. Users must not use the internet to send offensive or harassing material to other users. 70

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• • •

Use of the internet for personal reasons (e.g. online banking, shopping, information surfing) must be limited, reasonable and done only during non-work time such as lunch-time. Use of gambling sites, online auction sites and social networking sites such as, but not limited to, Facebook, LinkedIn, Youtube, Twitter, Bebo, Flickr, MySpace etc. is not permissible. Staff may face disciplinary action or other sanctions (see below) if they breach this policy and/or bring embarrassment on the Company or bring it into disrepute.

Use of Email Emails sent or received on the email system form part of the official records of the Company; they are not private property. The Company does not recognise any right of employees to impose restrictions on disclosure of emails within the Company. Emails may be disclosed under the Freedom of Information Act, as part of legal proceedings (e.g. tribunals), and as part of disciplinary proceedings. Users are responsible for all actions relating to their email account or terminal services username and should therefore make every effort to ensure no other person has access to their account. When using Company email, users must: •

• • •

•

• • • • •

ensure they do not disrupt the Company’s wider IT systems or cause an increase for significant resource demand in storage, capacity, speed or system performance e.g. by sending large attachment to a large number of internal recipients. ensure they do not harm the Company’s reputation, bring it into disrepute, incur liability on the part of the Company, or adversely impact on its image. not seek to gain access to restricted areas of the network or other “hacking activities” is strictly forbidden must not use email for the creation, retention or distribution of disruptive or offensive messages, images, materials or software that include offensive or abusive comments about ethnicity or nationality, gender, disabilities, age, sexual orientation, appearance, religious beliefs and practices, political beliefs or social background. Employees who receive emails with this content from other employees of the Company should report the matter to their line manager or HR Department immediately. not send email messages that might reasonably be considered by recipients to be bullying, harassing, abusive, malicious, discriminatory, defamatory, and libellous or contain illegal or offensive material, or foul language. not upload, download, use, retain, distribute, or disseminate any images, text, materials, or software which might reasonably be considered indecent, obscene, pornographic, or illegal. not engage in any activity that is likely to Corrupt or destroy other users’ data or disrupt the work of other users Waste staff effort or Company resources, or engage in activities that serve to deny service to other users Be outside of the scope of normal work-related duties – for example, unauthorised selling/advertising of goods and services

IT POLICIES

• • •

Affect or have the potential to affect the performance of damage or overload the Company system, network, and/or external communications in any way Be a breach of copyright or license provision with respect to both programs and data, including intellectual property rights not send chain letters or joke emails from a Company account.

Staff who receive improper email from individuals inside or outside the Company, should discuss the matter in the first instance with their line manager or HR Department. Personal use of the Company email is not permitted.

Good Practice The Company has good practice guidelines for dealing with email when staff are out of the office. When activating the "out of office" facility messages should name an alternative member of staff for correspondents to contact if necessary. This will ensure that any important messages are picked up and dealt with within required timescales. During periods of absence when highly important emails are anticipated, you or your manager should make arrangements for notification and access by another appropriate member of staff. Where sensitive and confidential information needs to be sent via email for practical reasons, please be aware that email is essentially a non-confidential means of communication. Emails can easily be forwarded or archived without the original sender’s knowledge. They may be read by persons other than those they are intended for. Users must exercise due care when writing emails to avoid being rude or unnecessarily terse. Emails sent from the Company may be interpreted by others as Company statements. Users are responsible for ensuring that their content and tone is appropriate. Emails often need to be as formal and business-like as other forms of written correspondence. Users should delete all personal emails and attachments when they have been read and should also delete all unsolicited junk mail. In the process of archiving emails, users should ensure inappropriate material is not archived The Company provides a current and up to date automatic virus checker on all networked computers. However, caution should be used when opening any attachments or emails from unknown senders. Users must best endeavour to ensure that any file downloaded from the internet is done so from a reliable source. It is a disciplinary offence to disable the virus checker. Any concerns about external emails, including files containing attachments, should be discussed with the REACT.

Legitimate Access to Prohibited Material There may be circumstances where Users feels that the nature of their work means that they are required to access or use material prohibited under this policy. If so, this should be discussed with the Executive Manager concerned. The Company is legally responsible for the content and nature of all materials stored on/accessed from its network. 72

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Remote Users Users may sometimes need to use Company equipment and access the Company network while working remotely, whether from home or while travelling. The standards set out in this document apply whether or not Company equipment and resources are being used.

Monitoring All resources of the Company, including computers, email, and voicemail are provided for legitimate use. If there are occasions where it is deemed necessary to examine data beyond that of the normal business activity of the Company then, at any time and without prior notice, the Company maintains the right to examine any systems and inspect and review all data recorded in those systems. This will be undertaken by authorised staff only. Any information stored on a computer, whether the information is contained on a hard drive, USB pen or in any other manner may be subject to scrutiny by the Company. This examination helps ensure compliance with internal policies and the law. It supports the performance of internal investigations and assists in the management of information systems.

Penalties for Improper Use Withdrawal of facilities Users in breach of these regulations may have access to Company IT facilities restricted or withdrawn.

Disciplinary Action Breaches of these regulations may be dealt with under the Company’s disciplinary procedures. It may lead to summary dismissal and termination of employment from the Company.

Breaches of the law Where appropriate, breaches of the law will be reported to the police.

Auditing of PC’s All PC’s that are outside of the terminal services network will be audited by REACT on a six monthly cycle to ensure compliance with the company IT protocols and procedures.

CCTV & VEHICLE TRACKING The Company uses closed circuit television (CCTV) images to provide a safe and secure environment for employees and for visitors to the Company’s business premises, such as clients, customers, contractors and suppliers, and to protect the Company’s property. This policy sets out the use and management of the CCTV equipment and images in compliance with the Data Protection Act 2018 and the Information Commissioner’s Office CCTV Code of Practice. The Company’s CCTV facility records images only. There is no audio recording and therefore conversations are not recorded on CCTV (however, please refer to the section on covert recording below).

Purposes of CCTV The purposes of the Company installing and using CCTV systems include: •

to assist in the prevention or detection of crime or equivalent malpractice

IT POLICIES

• •

•

assist in the identification and prosecution of offenders monitor the security of the Company’s business premises ensure that health and safety rules and Company procedures are being complied with assist with the identification of unauthorised actions or unsafe working practices that might result in disciplinary proceedings being instituted against employees and to help in providing relevant evidence promote productivity and efficiency.

Location of cameras Cameras are located at strategic points throughout the Company’s business premises, principally at the entrance and exit points. The Company has positioned the cameras so that they only cover communal or public areas on the Company’s business premises and they have been sited so that they provide clear images. No camera focuses, or will focus, on toilets, shower facilities, changing rooms, staff kitchen areas, staff break rooms or private offices. All cameras (with the exception of any that may be temporarily set up for covert recording) are also clearly visible. Appropriate signs are prominently and clearly displayed so that employees, clients, customers and other visitors are aware they are entering an area covered by CCTV.

Recording and retention of images Images produced by the CCTV equipment are as clear as possible so that they are effective for the purposes for which they are intended. Maintenance checks of the equipment are undertaken on a regular basis to ensure it is working properly and that the media is producing high quality images. Images may be recorded either in constant real-time (24 hours a day throughout the year), or only at certain times, as the needs of the business dictate. As the recording system records digital images, any CCTV images that are held on the hard drive of a PC or server are deleted and overwritten on a recycling basis and, in any event, are not held for more than one month. Once a hard drive has reached the end of its use, it will be erased prior to disposal. Images that are stored on, or transferred on to, removable media such as CDs are erased or destroyed once the purpose of the recording is no longer relevant, unless images are taken away by the relevant law enforcement agency i.e. police or HMRC, then we are unable to control the disposal of those images, and those images would be held by the relevant authorities for their own investigations and potential prosecution purposes.

Access to and disclosure of images Access to, and disclosure of, images recorded on CCTV is restricted. This ensures that the rights of individuals are retained. Images can only be disclosed in accordance with the purposes for which they were originally collected. The images that are filmed are recorded centrally and held in a secure location. Access to recorded images is restricted to the operators of the CCTV system and to those line managers who are authorised to view them in accordance with the purposes of the system. Viewing of recorded images will take place in a

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restricted area to which other employees will not have access when viewing is occurring. If media on which images are recorded are removed for viewing purposes, this will be documented. Disclosure of images to other third parties will only be made in accordance with the purposes for which the system is used and will be limited to: •

• • • •

the police and other law enforcement agencies, where the images recorded could assist in the prevention or detection of a crime or the identification and prosecution of an offender or the identification of a victim or witness prosecution agencies, such as the Crown Prosecution Service relevant legal representatives line managers involved with Company disciplinary processes individuals whose images have been recorded and retained (unless disclosure would prejudice the prevention or detection of crime or the apprehension or prosecution of offenders).

The Managing Director (or another senior executive manager acting in her absence) is the only person who is permitted to authorise disclosure of information to external third parties such as law enforcement agencies. All requests for disclosure and access to images will be documented, including the date of the disclosure, to whom the images have been provided and the reasons why they are required. If disclosure is denied, the reason will be recorded.

Individuals’ access rights Under the Data Protection Act 2018, individuals have the right on request to receive a copy of the personal data that the Company holds about them, including CCTV images if they are recognisable from the image. If you wish to access any of your CCTV images, you must make a written request to the HR Department, and the Company reserves the right to charge you a fee of up to £10 for the supply of the images requested. Your request must include the date and time when the images were recorded and the location of the particular CCTV camera, so that the images can be located and your identity can be established as the person in the images. Note. The Company will always check the identity of the employee making the request before processing it. The HR Department will first determine whether disclosure of your images will reveal third party information as you have no right to access CCTV images relating to other people. In this case, the images of third parties may need to be obscured if it would otherwise involve an unfair intrusion into their privacy. If the Company is unable to comply with your request because access could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, you will be advised accordingly.

Covert recording The Company will only undertake covert recording with the written authorisation of the Managing Director (or another senior executive manager acting in her absence) where there is good cause to suspect that criminal activity or equivalent malpractice is taking, or is about to take, place and informing the individuals 75

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concerned that the recording is taking place would seriously prejudice its prevention or detection. Covert monitoring may include both video and audio recording. Covert monitoring will only take place for a limited and reasonable amount of time consistent with the objective of assisting in the prevention and detection of particular suspected criminal activity or equivalent malpractice. Once the specific investigation has been completed, covert monitoring will cease. Information obtained through covert monitoring will only be used for the prevention or detection of criminal activity or equivalent malpractice. All other information collected in the course of covert monitoring will be deleted or destroyed unless it reveals information which the Company cannot reasonably be expected to ignore.

Vehicle tracking and monitoring The Company also reserves the right to install monitoring devices such as satellite tracking and in-vehicle camera systems in all company vehicles to track the movement of the vehicle and record images of its use for business purposes. Such devices may record or transmit images or information such as the location of the car, the distance it has covered, its speed, related information about the user’s driving habits, the persons present in the vehicle, accidents or incidents, etc. The employee will be advised if a monitoring device has been installed, or will be installed, in their company vehicle and will also be advised of the nature of the monitoring that will take place. This CCTV policy applies, as appropriate, to any in-vehicle camera system. As company vehicles may also be used for private purposes, the Company does not wish to monitor the car when used privately. Therefore, where a monitoring device such as satellite tracking or an in-vehicle camera system has been installed, a “privacy button” or similar arrangement will be provided to enable the monitoring to be disabled or deactivated by the employee during private use. Monitoring must not, however, be disabled at any time during business use. The purposes of vehicle tracking and monitoring are to: • • • • • • • •

assist in the prevention or detection of crime or equivalent malpractice assist in the identification and prosecution of offenders protect the health, safety and welfare of drivers, particularly those who are either lone drivers or are carrying customers or clients as passengers or are carrying valuable cargo ensure drivers are not in breach of the Working Time Regulations 1998 help prevent accidents by monitoring driver speed and habits provide evidence for insurers in the event of accidents maximise driver performance and productivity and improve customer service improve fuel economy by monitoring and managing company vehicles more effectively.

In some cases, the Company may be under a legal obligation to monitor the use of vehicles, even if used privately, for example by fitting a Tachograph as a permanent fixture in a lorry. In these cases, the Company’s legal obligation will always take precedence and the monitoring cannot be turned off.

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The Company may use the information obtained from vehicle tracking and monitoring as evidence in any subsequent disciplinary action where the data shows there has been a breach by the employee of Company rules and procedures.

Staff training The Company will ensure that all employees handling CCTV images or recordings are trained in the operation and administration of the CCTV system and on the impact of the Data Protection Act 2018 with regard to that system.

Implementation The Ipswich Site Manager is responsible for the implementation of and compliance with this policy and the operation of the CCTV system and they will conduct an annual review of the Company’s use of CCTV. Any complaints or enquiries about the operation of the Company’s CCTV system should be addressed in writing to him.

OTHER INFORMATION

The Company may alter the provisions of this Handbook and the associated Statement of Main Terms and Conditions of Employment as occasion requires or as legislation demands. The Company undertakes to ensure that future changes in these terms will be notified to you individually within one month of the change.

KEY CONTACT DETAILS

Contact details for key people in the business

Executive Managers Bee Kemball

Managing Director

07970 240 861 – bee.kemball@debach.com

Sara Davis

Executive Business Development Manager

07970 240 829 – sara.davis@debach.com

Should you have any private & confidential matters not suitable for discussion with line managers, please speak with HR or one of our executive managers. Any complaints about any employee behaviour (grievances) should first be directed to HR and any complaint of H&S issues must be reported directly to one of our executive managers)

Ipswich site based managers Jon Chapman

Ipswich Stock Manager

07970 240 828 – jon.chapman@debach.com

Venitia Billings

IT & Compliance Manager

07970 240 860 – Venitia.billings@debach.com

Megan Law

HR & Compliance Manager

07970 240 853 – megan.law@debach.com

Based at Clopton on Thursdays

Clopton site based managers Colin Johnson

Clopton Site Manager

07970 240 827 – colin.johnson@debach.com

OTHER INFORMATION

Sign off I acknowledge receipt of a complete copy of the Debach Enterprises Ltd Company Handbook and agree to comply with the procedures therein. Employee Name Signature Date