The Children's Trust Staff Handbook

THE CHILDREN'S TRUST STAFF HANDBOOK CONTENTS SECTION 1.

Introduction

2.

Your Principal Terms and Conditions of Employment

3.

Your Job Description

4.

Your Terms and Conditions for Remuneration

5.

Holiday and Leave Policy and Procedure

6.

Sickness Policy, Reporting Procedure and Benefits

7.

Family Friendly Policy and Procedure

8.

Disciplinary / Capability and Appeals Procedures

9.

Grievance Policy and Procedure

10.

Equal Opportunities Policy Statement

11.

Smoking Policy

12.

Miscellaneous

13.

Employee Records

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SECTION 1 INTRODUCTION This handbook sets out the terms and conditions of your employment with The Children's Trust. Although some of the presentation may be formal, particularly where employment or other legislation requires it to be so, the handbook is intended to help you by giving clear and precise information about a range of important subjects affecting your relationship with your employer.

HISTORY OF THE CHILDREN'S TRUST From the 1920's to the early 1980's Tadworth Court was the country branch of the Hospitals for Sick Children, Great Ormond Street. In 1983 the Governors of Great Ormond Street announced the proposed closure of Tadworth Court. A vigorous and successful campaign to prevent this closure was carried out by parents, staff and a consortium of leading national charities, who were subsequently invited by the Government to form a charitable trust which could take over the management of Tadworth Court. Tadworth Court Trust was formed in 1983 and took responsibility for the children's services from 1st April 1984. The following year the Trust decided to create a rehabilitation service for children with acquired brain injuries. Children were admitted to this new service from Autumn 1985 and by 1990 a purpose built Rehabilitation Unit was completed. The Trust also decided to start an independent special school and St. Margaret s School at Tadworth Court opened in September 1985 and was approved by the Department of Education and Science in April 1990.

On 1st March 1994 Tadworth Court Trust changed its name to The Children's Trust.

At the end of 1994 the Trust launched its Outreach care service, taking skilled professional care into family homes.

In 1995 The Children's Trust was granted the freehold of the Tadworth Court site.

CONSTITUTION The Children's Trust is registered as a charity (No.288018) and also as a company limited by guarantee (No. 1757875). The Members of the Company are its guarantors, a group of distinguished men and women who attend an Annual General Meeting and whose responsibilities include appointment of the Trust's Board of Directors. No Member or Director receives any payment for his or her services. The Board of Directors appoints the Chief Executive who reports to them through the Chairman.

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1.1 MISSION AND VISION Our vision That all children with brain injuries, multiple disabilities and complex health needs have the opportunity to live the best life possible.

Our mission For children with brain injuries, multiple disabilities and complex health needs and their families, we aim... to be an internationally-recognised centre of excellence for care, rehabilitation, education and research to reach out to children and families in their own community to provide expert advice, training and information to make our voice heard.

Values Caring and Supportive about our work, the children and their families; we look out for each other Can Do e; we are innovative, positive and courageous; we get things done by problem solving; we plan and organise our activities carefully Child and Family Focused - We strive to do the best for the children, young people and learners at all times, while demonstrating a sense of responsibility to the needs of staff in doing this Professional personal res

Fun - We help to create a happy, positive working environment where people want to our sense of humour, used appropriately, helps us Collaborative - We work together to achieve the best outcomes; we respect s, contributions and opinions, and treat everyone equally; we celebrate successes; we co-operate with each other and share knowledge across all areas of the Trust; we communicate well

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EMPLOYEE HANDBOOK

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SECTION 5 HOLIDAY AND LEAVE POLICY AND PROCEDURE - A Please note that the entitlements in this policy should be interpreted pro-rata to the full time equivalent for all part time staff.

1.

GENERAL Your basic holiday entitlement is thirty-five working days inclusive of bank and public holidays during each holiday year. For this purpose a working day is 7½ hours. You will not automatically be entitled to take leave on bank or public holidays.

Long service entitlements of one additional day are awarded on the first full holiday year following the completion of ten years' service, and then accrue at the rate of one additional day for every five years' service to a maximum of five days.

The Trust's holiday year runs from 1st April to the 31st March. Holiday entitlement accrues at the rate of one twelfth of your annual entitlement for each month of service. You are required to take your holidays between those dates as any untaken leave may be forfeited. In certain cases, and only with the express permission of your manager, you may be permitted to carry over no more than 5 days untaken leave. This should normally be taken by 30th April in the next holiday year.

1.1 Agreement Required prior to making any bookings. All holidays must be taken at times approved by your manager or a senior manager. In agreeing holiday leave the manager will consider the requirement to maintain a satisfactory level of service within the department concerned.

You will be provided with a holiday leave form which must be completed and signed by your manager before leave is authorised. You should not enter into binding contracts, e.g. payment of a deposit, without ensuring that your leave has been approved.

1.2 Holidays During Probationary Period During the probationary period, you will not normally be allowed to take holiday in excess of days accrued.

1.3 Holiday Pay Holiday pay is calculated on the basis of your current basic rate of pay (ie. basic excluding any enhanced payments or overtime).

There will be no payment in lieu of any holidays not taken.

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5.1 1.4 Bank and Public Holidays The Trust does not normally close all its services on bank or public holidays.

Staff required to work on these days will be notified. If you are required to work you will be paid according to the rates set out in Section 4 (remuneration) of your staff handbook. Where a department does close on public holidays, you will be required to take this as part of your paid leave entitlement.

1.5 Amount of Leave Under normal circumstances any holiday period may not exceed two consecutive weeks at any one time. If you require holiday leave in excess of two weeks you must obtain written authorisation from your line manager.

In the case of staff working on a shift rota any holiday period may not include more than two weekends except with the express permission of the line manager concerned.

2.

REQUIRED HOLIDAY PERIODS The nature of the work in certain areas is such that employees are required to take certain days of leave to fit in with closures. If you work in one of these areas you will be notified in your offer letter. Annual closure dates will then be notified to you in writing prior to the start of each holiday year.

3.

SICKNESS AND HOLIDAYS 3.1 Sickness During Holidays If you should fall ill before you are due to start your holiday and you inform your manager immediately, the Trust may at its discretion treat that absence as sick leave and further annual leave may be granted at a time to be agreed with your manager.

As a general rule once annual leave has started no claim for sickness will be considered. However, if you are prevented from going on holiday because of serious illness or injury, the Trust may at its discretion be prepared to treat that leave (or part of that leave) as sick leave provided that you are able to provide medical evidence satisfactory to the Trust.

3.2 Accrual of Holidays During Sick Leave Holiday entitlement will accrue during any period of sick leave.

3.3 Accrual of Holiday During Maternity Leave Employees on ordinary maternity leave will accrue their full annual leave entitlement. Those on additional maternity leave, however, will only accrue statutory annual leave (as per the Working Time Regulations 1998). See Terms and Conditions During Maternity Leave in The Family Friendly Policy.

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5.4 4.

HOLIDAYS AND NOTICE PERIODS Employees leaving The Trust will be entitled to payment for holidays accrued during the holiday year to the date of leaving, less any holiday taken. Accrued leave entitlement may not be used as part of the required period of notice except with the consent of your manager.

5.

HOLIDAY PAY ON TERMINATION OF EMPLOYMENT The Trust will make a payment in lieu of accrued but untaken holiday on the termination of your contract.

Should holiday already taken exceed your entitlement, the Trust shall require you to repay an amount equivalent to your salary for the number of days by which you have exceeded your entitlement. The Trust reserves the right to deduct this sum from your final salary payment.

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SECTION 6 SICKNESS POLICY, REPORTING PROCEDURE AND BENEFITS THE TRUST'S APPROACH We ask you to do everything possible to ensure regular attendance at work, and in return we offer benefits to minimise any hardship occurring as a result of absence through illness or injury. We recognise that from time to time health problems do occur and it is the Trust's policy to be as sympathetic as possible.

The continued application of these benefits however is dependent upon all staff taking a professional and responsible approach to ill-health absence and the Trust reserves the right to vary, replace or discontinue the sick pay scheme described in this policy at its sole and absolute discretion at any time.

1.

HOW SICK PAY IS MADE UP The pay you may receive when you are on authorised sick-leave is made up of the following:Trust Sick Pay -sums paid directly to you by the Trust to top up statutory benefits; and either Statutory Sick Pay (SSP)-at SSP rate in accordance with the Government's SSP scheme paid directly to you by the Trust; or State Sickness Benefit

-paid directly to you by the DSS if you have exhausted SSP entitlement or are not entitled to receive SSP

Your overall sick pay will not exceed your basic rate of pay.

SSP and Trust Sick Pay are subject to deductions of PAYE income tax and National Insurance. State Sickness Benefit is not subject to PAYE income tax or National Insurance.

1.1 Trust Sick Pay Provided you comply with the rules and sickness reporting procedure set out below in Section 2, you will be entitled to payment for the number of days sickness shown below in any 12 month period if you are absent through sickness or injury. However, if you exhaust your sick pay entitlement in the previous 12 month period, or where there has been cause for concern with respect to sick leave, your eligibility to receive Trust Sick Pay for absence in the subsequent 12 month period and the amount of any Trust Sick Pay will be at the sole discretion of the Trust.

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6.1 This payment is based on the basic rate of pay shown in your principal terms and conditions without overtime or enhancements. For the avoidance of doubt, the entitlements set out below are either inclusive of SSP and/or will take account of any State Sickness Benefit for which you may be eligible. These entitlements are pro rata for part time staff.

Length of Service

Sick Pay Entitlement

During probation Post probation 1 year 1 year 2 years 2 years 3 years 3 years 4 years 4 years 5 years Over 5 years

5 days' full pay 1 month's full pay, 1 month's half pay 2 months' full pay, 2 months' half pay 3 months' full pay, 3 months' half pay 4 months' full pay, 4 months' half pay 5 months' full pay, 5 months' half pay 6 months' full pay, 6 months' half pay

Entitlement to Trust Sick Pay does not give employees an automatic right to remain in employment and the Trust reserves the right to terminate employment at any time on the grounds of incapability, with due consideration of appropriate procedures.

1.2 Exclusions You will not be entitled to Trust Sick Pay or, possibly, SSP if, in the opinion of the Trust: (a) you have failed to follow the policy, procedure and rules as explained here; or (b) you have knowingly entered false and/or deliberately misleading information on the self-certification form; (this is likely to be regarded as an example of serious misconduct which could result in disciplinary action being taken which could, if it amounts to dishonesty, include summary dismissal); or (c) there are serious doubts about the circumstances surrounding your claim for sick pay; or (d) you have not provided the Trust with the requisite self certification forms or medical certificates.

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6.2 2.

SICKNESS REPORTING PROCEDURE 2.1 The First Day of Absence If you are unable to work due to sickness you MUST leave a message in your department to that effect as early as possible BEFORE the start of your shift, to give the maximum chance for cover to be found, if necessary. If you have not already spoken to your line manager, or other senior staff in their absence, you should then contact them by telephone later in the day, to explain the nature of your illness or injury and, wherever possible and reasonable, give some indication as to when you are likely to return to work. Failure to inform your line manager without due reason would be seen as 'unauthorised absence' for which payment may be withheld.

If you do not have access to a telephone you must notify your line manager of this fact on commencement of employment so that alternative arrangements for informing can be made.

2.2 Progress of Illness Whilst you are on sick leave, you must keep your line manager informed of the progress of your illness, and the likely date of your return to work, and cooperate with the Trust in managing any such absence including ensuring your contact details are up-to-date.

If your line manager does not hear from you within a reasonable length of time, he/she or the Occupational Health Nurse may telephone you to enquire after your progress, and your likely return date.

2.3 Conduct During Sickness Absence The Trust would not normally expect any employee who is absent from work due to illness or injury to: participate in any sports, hobbies or activities which are in any way inconsistent with the illness or injury or which could delay recovery or; undertake other employment whether paid or unpaid. If you declare yourself incapacitated for work in relation to your employment with the Trust, it is likely to be considered misconduct to undertake other duties whilst off sick.

Any case involving a breach of this part of the policy will be considered on a case by case basis but disciplinary action may be taken which could include summary dismissal.

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6.3 2.4 Self Certification Should your illness last for seven calendar days or less (including Saturdays and Sundays) you will be required to complete a self-certification form on your return. A sample self-certification form is shown at the end of this procedure.

Your line manager will need to be satisfied of your reason for absence before counter-signing the self-certification form. Your line manager may refuse to counter-sign the self-certification form if there is reason to doubt the explanation given by you for your absence. This may result in either non-payment of sick pay or a delay in such payment until a member of senior management has reviewed your case.

2.5 Medical Certification If you are absent from work for more than seven calendar days (including Saturdays and Sundays) or as soon as you know that you will be away from work for more than seven calendar days, you must obtain a medical certificate from your doctor. This must be sent immediately to your line manager. Any absence beyond the period certified in your first medical certificate must be certified by subsequent medical certificates as appropriate. You must keep the Trust informed about your progress and your likely date of return.

2.6 Medical Examinations and Return to Work You may be required at any time during the course of your employment (including during sickness absence or on your return) to attend a medical examination by the OH Nurse who may request that you attend a medical examination by the OH Medical Adviser or other specialist as nominated by the Trust, or that you consent to the Trust seeking further information from your own General Practitioner or medical advisers before being allowed back to work.

In such a case, the Trust will comply with the requirements of the Access to Medical Reports Act 1988 and Access to Health Records Act 1990 where appropriate and confidential information about your medical condition will be safeguarded. Alternatively, you may simply be required to present a certificate from your GP confirming that you are fit for work.

The OH Medical Adviser will make a professional judgement on your fitness for the job in question on the basis of information obtained. In the event that you refuse to authorise an approach to your own medical advisers or to be examined by a medical practitioner nominated by the Trust, a decision will be made on the information available. The decision of senior management will be final, following consultation with you and with appropriate medical advisers as to whether or not you are fit to return to your job. Management reserves the right to refuse to permit any employee to return to work should the circumstances warrant it.

On any return to work you will be required to meet with your line manager or his/her deputy to discuss the nature of your absence, any likelihood of 1106/HR/Staff Handbook

6.4 recurrence, any necessary adjustments to your role or working conditions, and your overall frequency of absence.

2.7 Prolonged or Frequent Absence Prolonged or frequent periods of absence inevitably cause problems for colleagues, for others in the Trust and ultimately for the children in our care.

If your absence records cause concern, either through frequency, timing of absences or total time absent, you will be asked to attend an Interview of Concern with your line manager, where any underlying reasons for the absences will be sympathetically explored.

Should the concerns continue, a second Interview of Concern will take place, and a period for review set.

If concerns still remain, or arise again at a later date, they may be dealt with in accordance with the disciplinary / capability procedure set out in Section 8. This may include receipt of a written warning which will make clear the reasons for the warning and the length of time for which it will apply. This period may be longer than the period normally applicable for warnings.

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SECTION 7 FAMILY FRIENDLY POLICY & PROCEDURE This policy addresses the following: Part A Part B Part C Part D Part E Part F Part G

Maternity Rights Paternity Leave and Pay Adoption and Adoption Paternity Leave and Pay Parental Leave Time off to Care for dependants Flexible Working Special Leave

PART A: MATERNITY RIGHTS A1

DEFINITIONS The following definitions are used in this policy:

15th week before the expected week of childbirth.

A2

ORDINARY MATERNITY LEAVE 2.1 All female staff are entitled to a period of ordinary maternity leave of 26 weeks, followed by a further 26 weeks of additional maternity leave, making a total of 52 weeks, regardless of length of service or hours worked.

The earliest date this leave can start is the beginning of the 11th week before the baby is due.

2.2 To qualify for this maternity leave, you must notify your line manager in writing of the following details by the end of the qualifying week: your pregnancy; the expected week of childbirth (EWC). This is the expected week in which the baby will be born and must be evidenced by the Mat B1 form; and the date on which you intend to commence your period of ordinary maternity leave; this date may subsequently be changed provided 28 days advance notice is given (unless this is not reasonably practicable).

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7.1 You must also provide a MAT B1 form, which is the certificate from your doctor or midwife confirming the expected week of childbirth. The form must have number on it.

2.3 The HR department will then write to you within 28 days setting out the date of your return to work if you intend to take the full 52 weeks entitlement to maternity leave.

2.4 The ordinary maternity leave period will be automatically triggered if: childbirth occurs before the maternity leave period would otherwise start; or you are absent from work due to a pregnancy related illness 4 weeks or less before the EWC. In these circumstances it may not be possible to give the required 28 days notice and notification must then occur as soon as is reasonably practicable.

2.5 Ordinary maternity leave will last for a period of up to 26 weeks except where: the baby has been born late and you have exhausted your period of maternity leave, then you must take compulsory maternity leave of at least 2 weeks after the birth of the baby, and/or Health & Safety provisions prevent you from working.

A3

ADDITIONAL MATERNITY LEAVE 3.1 All members of staff are entitled to additional maternity leave.

3.2 Additional maternity leave commences immediately after the ordinary maternity leave period and continues for a further 26 weeks.

A4

RIGHT TO TIME OFF FOR ANTE-NATAL CARE 4.1 All mothers-to-be are entitled to take a reasonable amount of paid time off for ante-natal care regardless of their length of service or expected date of childbirth.

4.2 The Trust reserves the right to ask you for a certificate from your GP, midwife or health visitor confirming you are pregnant and/or to see your antenatal appointment card where there is doubt as to the reason for absence.

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7.2 A5 STATUTORY MATERNITY PAY (SMP) AND MATERNITY ALLOWANCE (MA) 5.1 To qualify for Statutory Maternity Pay (SMP) you must meet each of the following conditions:

as at the 15th week before the start of the expected week of confinement (EWC); and have normal weekly earnings of at least the lower earnings limit for the payment of National Insurance Contributions (set by the Government), for the period of 8 weeks ending with the 15th week before the start of the EWC; and still be pregnant at the 11th week before the week the baby is due or have had the baby by that time; and have stopped working.

5.2 To ensure that entitlement to SMP is not lost, you must provide written notification of the information laid out in paragraph 1 above.

5.3 If you comply with these requirements, you will be paid SMP at the following rates for 39 weeks: nine tenths (90%) of average weekly earnings for the first 6 weeks; followed by 33 weeks at a standard rate set by the government (or 90% of average weekly earnings for the full 39 weeks if this is less than the standard rate set by the government).

5.4 SMP is subject to tax and national insurance deductions and will be paid on the normal pay day i.e. monthly in arrears. If you are paying superannuation or pension contributions through the Trust these will continue for the duration of the maternity pay period at your normal contribution rate. The earnings at the time of going on Maternity leave.

5.5 If you do not qualify for SMP but have been employed for at least 26 weeks

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7.3 in the previous 66 weeks before the EWC and have average earnings over any 13 weeks in the 66 week period of more than ÂŁ30 per week you will be eligible to receive a Maternity Allowance payable directly by the government.

5.6 The period in which SMP is paid is known as the Maternity Pay Period or MPP. The MPP can start at any time between the 11th week before the baby is due and the day following the date the baby is born.

5.7 Whilst you receive SMP, you can work up to a maximum of 10 days as during the MPP which runs for a maximum of 39 weeks.

5.8 If during the MPP any of the following 3 events take place, you must inform your line manager:you start to work for another employer; you go to live abroad outside the European Community; or you are taken into legal custody.

A6

TRUST MATERNITY PAY (TMP) 6.1 To qualify for Trust Maternity Pay (TMP) in addition to Statutory Maternity Pay, you must meet each of the above conditions and in addition: have been continuously employed at the Trust with service as at the 15th week before the start of the expected week of confinement (EWC) and agree to return to employment with the Trust for at least 3 months following maternity leave.

6.2 If you comply with these requirements you will be paid Trust Maternity Pay (TMP) at the following rates: 6.3 The first 8 weeks at full pay (including Statutory Maternity Pay); followed by 6.4 18 weeks at 30% of average weekly earnings, plus Statutory Maternity Pay at the rate set by government (or 90% of average weekly earnings if this is less than the standard rate set by the government); followed by 6.5 13 weeks Statutory Maternity Pay at the rate set by government (or 90% of average weekly earnings if this is less than the standard rate set by the government).

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7.4 (Average weekly earnings are calculated over a period of 8 weeks ending with the 15th week before the start of the EWC).

6.6 Should you not ret months following maternity leave, having accepted and received Trust Maternity Pay as outlined above, you will be required to repay that amount which is in excess of Statutory Maternity Pay. A7

C Before your maternity leave your line manager will discuss the arrangements for you to keep in touch during your leave, should you wish to do so. The Trust reserves the right in any event to maintain reasonable contact with you from time to time during your leave. This may include reasonable discussion of your plans to return to work, any special arrangements to be made or training to be given in order to ease your return to work, or simply to update you on developments during your absence. Your line manager can also discuss with not arranged before your maternity leave commenced.

A8

KEEPING IN TOUCH DAYS 8.1 Except during the first two weeks after your child is born, you can agree to ordinary maternity leave, or additional maternity leave without bringing your maternity leave to an end and kept in touch with the changes and developments that are taking place in your workplace whilst you are on maternity leave and so that your transition back to work at the end of your maternity leave occurs smoothly.

8.2 The Trust has no right to require you to attend keeping in touch days and nor do you have the right to undertake them, during maternity leave. Any work or training that you undertake, including the amount you would be paid for any work done, is entirely a matter for agreement between the Trust and you.

Keeping in touch days do not extend the period of maternity leave. Once you have used up the 10 days, you would los which you carry out for the Trust.

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7.5 A9

TRANSFER OF MATERNITY LEAVE

If you propose to return to work by giving proper notification of an early return in accordance with the rules set above, you may be eligible to transfer up to 26 weeks of your outstanding maternity leave (and outstanding SMP) to your spouse, civil partner or partner, or the father of your child, to be taken as additional paternity leave (and additional statutory paternity pay) on your return to work.

The earliest that additional paternity leave may commence is 20 weeks after the date on which your child is born and it must end no later than 12 months after the date of birth. The minimum period of additional paternity leave is two consecutive weeks and the maximum period is 26 weeks. You must therefore have at least two weeks of your maternity leave that remains unexpired.

Further details should be obtained from your do wish to transfer part of your maternity leave entitlement in this way, you will be required to submit a written and signed declaration form to that employer, which may also make add entitlement to additional paternity leave and pay.

A10

RETURN TO WORK FOLLOWING CHILDBIRTH 9.1 If you wish to return to work after maternity leave you may do so by simply returning to work at the end of the maternity leave period, on the date that the Trust wrote to tell you about at the start of your leave.

9.2 If you wish to return to work earlier, you must give your line manager at least eight weeks written notice of the date on which you intend to return. If you fail to give this notice the Trust may postpone the return date to ensure that it has either the requisite eight weeks notice or that you have reached the end of the maternity leave period (whichever is earlier).

9.3 If you return to work after ordinary maternity leave, you have the right to return to the same job in which you were employed before the period of leave.

9.4 After additional maternity leave, you have the right to return to the same job in which you were employed before the period of leave except where it is no longer reasonably practicable to do so. In that case, you are entitled to return to another job which is both suitable and is considered appropriate in the circumstances. This job will have terms and conditions that are no less favourable than those which would have applied had no maternity leave been taken.

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9.5

7.6 If you decide not to return to work after you have taken maternity leave, you must give us notice of your resignation in writing as soon as possible and in accordance with the terms of your contract of employment. If the notice period would expire after your maternity leave has ended, The Trust can require you to return to work for the remainder of your notice period.

A11

TERMS & CONDITIONS DURING MATERNITY LEAVE 10.1 During both ordinary and additional maternity leave your terms and conditions of employment will continue and you will therefore continue to receive all contractual benefits with the exception of pay. Your entitlement to receive Childcare vouchers will continue as will use of the on-site nursery and use of a Trust laptop (if applicable). You will also continue to accrue annual leave throughout the 52 week period. If you are a member of the pension scheme, contributions will continue to be made during the paid part of your maternity leave and not during any unpaid period of additional maternity leave.

PART B: PATERNITY LEAVE AND PAY B1

ELIGIBILITY FOR ORDINARY PATERNITY LEAVE Applicants for ordinary paternity leave will need to satisfy the following conditions in order to qualify. They must:

(including same-sex partners) have worked continuously for the Trust for 26 weeks leading into the 15th week before the baby is due. holiday entitlement. You will need to complete a self certification form (available from the HR Department) as evidence of entitlement to paternity leave and pay.

B2

NOTIFICATION OF INTENTION TO TAKE ORDINARY PATERNITY LEAVE 2.1 Applicants must inform their manager of their intention to take Ordinary Paternity Leave by the 15th week before the baby is expected, unless this is not reasonably practicable.

You will need to provide information on: The week when the baby is due

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7.7 Whether you wish to take one or two weeks leave, and When you want your leave to start.

2.2 You will be able to change the date on which you want this leave to start providing you inform your manager at least 28 days in advance (unless this is not reasonably practicable).

B3

TIMING OF LEAVE 3.1 If eligible, you will be entitled to take either one week or two consecutive weeks paternity leave (not odd days) and, subject to the provisions of section 3.2 below, choose to start your leave:

expected), or

birth (whether this is earlier or later than expected), or from a chosen date must be completed: within 8 weeks of the actual date of birth of the child, or if the child is born early, within the period from the actual date of birth up to 8 weeks after the expected week of birth.

Only one period of leave may be taken irrespective of whether more than one child is born as the result of the same pregnancy.

B4

ORDINARY STATUTORY PATERNITY PAY 4.1 Provided you have average weekly earnings equal to or above the Lower Earnings Limit for National Insurance purposes, you will qualify for Ordinary Statutory Paternity Pay (OSPP). You must however give your manager 28 days notice of when you expect OSPP to start (unless this is not reasonably practicable).

4.2 Staff who do not qualify for OSPP may be able to get Income Support and/or other benefits whilst on paternity leave.

4.3 You will receive Ordinary Statutory Paternity Pay through the Trust, at a level set by the government (or 90% of weekly average earnings if less.

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7.8 Statutory Paternity Pay is treated as earnings and is therefore subject to PAYE and National Insurance deductions. Statutory Paternity Pay can start from any day of the week in accordance with the date the employee starts paternity leave.

B5

ADDITIONAL PATERNITY LEAVE The right to Additional Paternity Leave is available to parents of children due on or after 3 April 2011. Eligible employees may take up to Additional provided that the mother has returned to work before using her full entitlement to maternity leave.

The earliest that Additional Paternity Leave can commence is 20 weeks after the date on which your child is born and it must end no later than 12 months after that date. Additional Paternity Leave must be taken as a single block in multiples of complete weeks. The minimum period is two consecutive weeks and the maximum period is 26 weeks.

Additional Paternity Leave will generally commence on your chosen start date specified in your leave notice, or in any subsequent variation notice (see During the period of Additional Paternity Leave your contract of employment continues in force and you will be entitled to receive all your contractual benefits except for salary. Your contractual annual leave entitlement will also continue to accrue.

Your salary may be replaced by statutory paternity pay for some of the Additional Paternity Leave period if you are eligible to receive it. The remaining period of Additional Paternity leave is unpaid.

Pension contributions will continue to be made during any period when you are receiving Statutory Paternity Pay but not during any period of unpaid Additional Paternity Leave. Employee contributions will be based on actual pay, while employer contributions will be based on the salary that you would have received had you not taken Additional Paternity Leave.

You are encouraged to take any outstanding annual leave due to you before the commencement of Additional Paternity Leave.

B6

ELIGIBILTY FOR ADDITIONAL PATERNITY LEAVE In addition to the above criteria for Ordinary Paternity Leave, in order to qualify for Additional Paternity Leave you must satisfy the following criteria: You must remain in continuous employment until the week before the first week of Additional Paternity Leave.

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7.9 The mother of your child must be entitled to one or more of Maternity Leave, Statutory Maternity Pay or Maternity Allowance. The mother must also have returned to work and forfeited a portion of their Maternity Leave.

B7

NOTIFICATION OF ADDITIONAL PATERNITY LEAVE which you wish to take leave and, if applicable, Additional Statutory Paternity Pay to commence. A copy should also be sent to the HR Department. The request form must be in writing and specify the date on which your child was expected to be born and the actual date of birth. You should also state that the purpose of the additional paternity leave/statutory paternity pay period is to care for the child and that you satisfy the relationship eligibility conditions declaration form stating: her name, address and national insurance number; the date she intends to return to work that she has given notice to her employer of returning to work; that she is entitled to Statutory Maternity Pay or Maternity Allowance ; the start date of her Maternity Pay Period; confirmation that you (as an employee of the Trust) satisfy the relationship eligibility conditions; that she consents to The trust processing the information contained in the declaration form; and that you (as an employee of The Trust) is to her knowledge the only person exercising their entitlement to Additional Paternity Leave in respect of the child.

You are permitted to bring forward your Additional Paternity Leave start date, provided you advise your line manager in writing at least six weeks before the new start date, or if this is not possible, as soon as reasonable practicable. You may also postpone or cancel your Additional Paternity Leave altogether, provided you advise your line manager in writing at least six weeks before the original proposed start date, or if that is not possible, as soon as reasonably practicable.

You will receive a formal response in writing to your notification of Additional Maternity Leave plans within 28 days and this letter will confirm the relevant start and end dates of Additional Paternity Leave and Pay.

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7.10 B8

ADDITIONAL STATUTORY PATERNITY PAY (SPP) Additional Statutory Paternity Pay may be payable during some of Additional Paternity Leave. In addition to satisfying the above criteria, you are entitled to Additional Statutory Paternity Pay if: you remain in continuous employment until the week before the Additional SPP period begins; your average weekly earnings for the period of eight weeks ending with the relevant week are not less than the lower earnings limit for national insurance contributions; the mother is entitled to Statutory Maternity Pay or Maternity Allowance and has returned to work before his/her full entitlement to Statutory Maternity Pay or Maternity Allowance has been exhausted; the mother has at least two weeks of his/her maternity pay period that remains unexpired; and he/she gives proper notification in accordance with the rules set out above.

Any SPP due during Additional Paternity Leave will be at a standard level set by the government (or 90% of weekly average earnings if less). SPP is payable whether or not you intend to return to work after your Additional Paternity Leave.

B9

CONTACT DURING ADDITIONAL PATERNITY LEAVE Before your Paternity Leave your line manager will discuss the arrangements for you to keep in touch during your leave, should you wish to do so. The Trust reserves the right in any event to maintain reasonable contact with you from time to time during your leave. This may include reasonable discussion of your plans to return to work, any special arrangements to be made or training to be given in order to ease your return to work, or simply to update you on developments during your absence. Your line manager can also discuss with not arranged before your paternity leave commenced.

B10

KEEPING IN TOUCH DAYS You can agree to work (or o 10 days during Additional Paternity Leave, without bringing your leave to an end.

(KIT) days. Any work carried out on a purposes.

The Trust has no right to require you to carry out any work and you have no right to undertake any work during your Additional Paternity Leave. Once your KIT days have been used up you will lose any further entitlement to Statutory Paternity Pay for any week in which you agree to work for the Trust. It may also bring your Additional Paternity Leave period to an end.

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7.11 B11

RETURNING TO WORK AFTER ADDITIONAL PATERNITY LEAVE You are expected to return to work on the next working day after the end date of your Additional Paternity Leave notified to you by the HR Department. If you are arrangements for sickness absence will apply. In any other case, late return without prior authorisation will be treated as unauthorised absence. If you wish to return to work earlier than the expected return date, you will need to give at urn date.

If you decide not to return to work after Additional Paternity Leave then you must give notice of resignation as soon as possible and in accordance with the terms of your contract of employment.

B12 RIGHTS ON AND AFTER RETURN TO WORK On resuming work after both Ordinary and Additional Paternity Leave, you are entitled to return to the same job you occupied before commencing Paternity Leave on the same terms and conditions as if you had not been absent.

PART C: ADOPTION LEAVE AND ADOPTION PATERNITY LEAVE Similar entitlements to Maternity and Paternity Leave and Pay, including Additional Paternity Leave and Additional Paternity Pay will apply to those who adopt, subject to satisfying eligibility criteria and providing requisite information and a minimum of seven days notice after receiving notification of the match with the child to be adopted, as defined by legislation. Provided these obligations are met, the Trust will provide adoption pay and leave and adoption paternity pay and leave in line with its responsibilities under government legislation.

If you are considering adopting you must contact the HR department to obtain details of your rights and obligations in order to qualify for adoption or paternity adoption leave and pay.

PART D: PARENTAL LEAVE D1 AIM 1.1 Parental leave is unpaid. Its aim is to help employees reconcile their occupational and family obligations and to promote equal opportunities and treatment between men and women. Parental leave is designed to be taken to 1106/HR/Staff Handbook

7.12 look after the child or to make arrangements for the good of the child. It should not be confused with the entitlement to time off for dependants which is outlined later.

1.2 Importantly: mothers and fathers can take parental leave, and Parental leave is for each child; so for example, if twins are born each parent is entitled to request 18 weeks leave for each child.

D2

ENTITLEMENT 2.1 The right to parental leave will apply if you are: the parent named on the birth certificate of a child born on or after 15 December 1994 or have adopted or adopt, after 15th December 1994, a child under the age of 18, and

at the qualifying period) 2.2 If your child was born or adopted between 15 December 1994 and 14 December 1999, your right to take leave lasts until 31 March 2005.

2.3 If your child was born or adopted after 15 December 1999, your right to take leave lasts un 5th birthday or, in the case of adoption, until five 18th birthday if that comes sooner.

2.4 Where a child is disabled (i.e. entitled to disability living allowance) you may th take birthday.

2.5 The maximum leave that you can take in respect of each child is 18 weeks.

2.6 The Trust may ask to see evidence that you are the parent or the person legally responsible for the child.

D3

CALCULATION OF LEAVE 3.1 Parental leave must be taken in blocks of 1 week at a time to a maximum of 4 weeks in any one year.

3.2 Any part weeks taken as parental leave will count as a full week. The only exception to this will be where a child is disabled. In this situation parental leave will be counted on a daily basis.

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7.13 D4

NOTICE REQUIREMENTS A minimum of 21 days notice is required before any period of parental leave. If you wish to take more than 2 weeks off at a time the notice you must give will be double the amount of the requested leave.

D5

RECORD KEEPING The entitlement to parental leave is only given once. If you leave the Trust within the entitlement period details of the amount of leave taken can be supplied to the next employer. Similarly the Trust may request details of any leave taken from previous employer(s) prior to you joining the Trust.

D6

TERMS & CONDITIONS DURING PARENTAL LEAVE 6.1 Your terms and conditions of employment will remain as normal throughout the period of parental leave, except for those relating to wages or salaries.

Parental leave is unpaid.

6.2 If your parental leave lasts for 4 weeks or less you have the right to return to the job in which you were employed before the period of leave.

6.3 Where parental leave is longer, if it is not reasonably practicable for you to return to the same job, you will be offered a similar post which has the same or better status, terms and conditions.

6.4 Where parental leave follows ordinary maternity leave, you are entitled to return to the same post. However, where parental leave follows additional maternity leave, and it is not reasonably practicable to return to the same post at the end of maternity leave, you are entitled to return only to a similar post which has the same or better status, terms and conditions as the old post.

D7

POSTPONEMENT OF LEAVE BY THE TRUST The Trust may postpone leave for up to 6 months where the leave would substantially harm its services, except when the leave follows immediately after a birth or adoption.

PART E : TIME OFF TO CARE FOR DEPENDANTS E1

AIM The aim is to allow you take necessary time off to deal with an urgent problem where it is reasonable to do so in the circumstances. Your presence must be

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7.14 crucial in resolving the problem.

You may take a reasonable amount of unpaid time off in order to take any action which is necessary: to provide assistance when a dependant falls ill (physical or mental), gives birth, is injured or assaulted; to make arrangements for the provision of care for a dependant who is ill or injured or to cope with unexpected disruptions in such care arrangements; as a result of the death of a dependant;

to deal with an unexpected incident involving your child during a time when an educational establishment is responsible for the child.

E2

DEPENDANTS 2.1 A dependant is defined as the spouse, child, parent or someone living in the same household as you (but not as an employee, tenant or lodger).

2.2 Where the time off is due to the need for assistance on occasions of illness, injury or assault, or relates to the provision of care arrangements for someone who is ill or injured then the definition of dependants extends to any person who reasonably relies on you for assistance or in relation to care arrangements.

E3

NOTIFICATION Your entitlement to time off will only apply if you notify your line manager of the reason for absence as soon as reasonably possible and indicate the length of absence, where possible.

PART F: FLEXIBLE WORKING F1

RIGHT TO APPLY FOR FLEXIBLE WORKING 1.1 Parents and carers of certain adults have the right to apply to work flexibly within the scope of this policy. Although there is not an automatic entitlement to a more flexible working situation, serious consideration will be given to any request. The over-riding aim is to try to find a solution which suits both the Trust and the parent.

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7.15 Applicants have a responsibility to consider carefully the impact their desired patterns of working would have on the Trust, and the Trust will give serious consideration to requests received, and follow a specific procedure.

The Trust will also give serious consideration to informal requests for flexible working from staff who need to care for relatives, but reserves the right to refuse on business grounds.

F2

ELIGIBILITY 2.1 In order to make a request for more flexible working under the terms of this policy you must: have a child aged under 17, or under 18 in the case of a disabled child be a carer of an adult over 18 who is either your spouse or partner, a near relative or someone living at your address. have worked with the Trust continuously for 26 weeks when you make the application.

be making the application to enable you to care for the child not have made another application to work flexibly under this right within the past 12 months 2.2 A near relative includes parents, siblings, grandparents, in-laws, uncles, aunts and includes adoptive relatives, step-relatives and half siblings.

F3

THE SCOPE OF REQUESTS You are able to request: a change to the hours you work a change to the times when you are required to work, and to work from home

F4

PROCEDURE 4.1 Application

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7.16 You must give careful consideration to which working pattern will help you best care for the child or adult concerned and that the purpose of your application must be to enable you to care for the child/adult (in the case of adults this may include shopping for them, helping to dress/undress, cooking for them, helping them to wash or to walk) any financial considerations where the desired working pattern will result in a drop in salary, and these might be accommodated You must submit a considered written application (which must be dated) to your manager who will take into account the following:

That only one application a year can be made under this right An accepted application will mean a permanent change to your terms and conditions of employment.

4.2 Response to an Application On receipt of the application, your manager will meet with you within 28 days.

This meeting will give an opportunity to: - explore the desired work pattern in depth and discuss how best it may be accommodated, and - consider other alternative working patterns should there be problems in accommodating your requested work pattern You may be accompanied at this meeting by a colleague or trade union representative.

4.3 Formal Notification of any Decision Taken If necessary your manager will write to you within 7 days of the meeting setting out further action which he/she proposes to take before notifying you of his/her final decision. Your manager will indicate a reasonable timescale for this to be achieved.

Otherwise, within 14 days of the meeting your manager will write to you to: Either agree to a new work pattern and start date ,or Provide clear business grounds why the application cannot be accepted and the reasons why the grounds apply in circumstances.

The grounds must relate to one or more of the following:1106/HR/Staff Handbook

7.17 Burden of additional costs Detrimental effect on ability to meet customer demand Inability to reorganise work amongst existing staff Inability to recruit additional staff Detrimental impact on quality Detrimental impact on performance Insufficient work during the periods you propose to work Planned structural changes 4.4 Right of Appeal when a Request for more flexible working is not met If you are dissatisfied with the decision taken, you should make a formal appeal meeting to discuss the appeal within fourteen days and will write to you within fourteen days of the meeting.

SECTION G: SPECIAL LEAVE Requests for 'special leave' in the form of extended or compassionate leave, must be made to your line manager. The manager will consider each request on its merit and within agreed Trust guidelines before deciding whether to grant the leave and, if so, how much and whether it will be paid or unpaid. A maximum of 5 days paid leave can be granted within a twelve month period.

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SECTION 8 DISCIPLINARY/CAPABILITY AND APPEALS PROCEDURES 8.1 INTRODUCTION These procedures aim to ensure a fair and consistent approach to maintaining standards of work performance and working relationships. Managers will maintain and develop these standards, providing assistance and counselling as appropriate. They will deal with minor disciplinary or capability issues in an informal way, agreeing a date to review performance. These procedures are intended for use where an informal approach fails, where the misconduct is considered to be more than minor, or where there are serious concerns surrounding the capability of an employee to carry out his/her role effectively.

The standard procedure will apply to all employees, including those who are within their probationary period.

8.2 DISCIPLINARY/CAPABILITY PROCEDURE Disciplinary matters will be dealt with as quickly as possible. No disciplinary action will be taken against an employee until the case has been fully investigated, although in cases of potential gross misconduct an employee may be suspended on full pay pending an investigation.

Employees will be given advance written notice of a disciplinary hearing. They will be informed of the right to be accompanied at the hearing by a companion (a colleague or Trade Union official), and provided with a statement of the reason for the hearing, and copies of any relevant documentary evidence to enable them to prepare for the hearing. The employee must take all reasonable steps to attend the hearing, which will be attended by the appropriate manager and another person who is independent in order to take notes of the hearing and to witness what is said e.g. a member of the Human Resources Department.

No disciplinary action will be taken without the employee being given the opportunity to state their case, answer any allegations that have been put, ask questions, present evidence and, if necessary, call relevant witnesses on their behalf.

Where possible, the employee will be given a verbal decision regarding the outcome of a disciplinary hearing, following a brief adjournment. Written details of the outcome will be provided, as soon as possible, unless further investigation is necessary.

No employee will be dismissed for a first breach of discipline, except in cases of gross misconduct.

The disciplinary stages do not have to be followed in sequence. Disciplinary action may be taken at any stage, including dismissal, if the misconduct or 1106/HR/Staff Handbook

capability issue is sufficiently serious.

8.1 Every employee will have the right to appeal at all stages of the procedure to a higher authority, and will be informed how to do so. In the case of dismissal, the decision of the Chief Executive will be final up to senior manager level and the decision of the Chairman of the Board will be final for senior managers.

Confidential records of all disciplinary interviews will be held on the employee's the disciplinary process, but may be taken into account in any future redundancy selection process. very soon after a warning expires, or if there is evidence of abuse, the disciplinary record will be born in mind when considering how long any new warnings will last.

It is expected that staff will act with the utmost honesty at all times. The Trust sees it as the duty of each member of staff to report any acts of misconduct or dishonesty and any perceived breach of statutory requirements. The Trust will treat whatever is reported with confidentiality so far as is reasonably practicable.

The Trust reserves the right to modify, withdraw or initiate any rules or procedures it deems necessary, and will undertake to review the procedure in the light of changing working practices or legislation. Any significant changes will be communicated to all employees in writing.

8.3 DISCIPLINARY ACTIONS STAGE 1 FIRST WRITTEN WARNING If conduct or performance does not meet acceptable standards the employee will normally be given a formal FIRST WRITTEN WARNING. S/he will be advised of the reason for the warning, that it is the first stage of the disciplinary procedure and will be given a time scale for review of performance and told of his or her right of appeal. In the case of poor performance, the employee will receive an improvement note, setting out the improvement required, the timescale, review dates and any training and support offered. A copy of the warning will be kept on the employee's file but it will be disregarded for disciplinary purposes after a set period, subject to satisfactory conduct and performance.

The employee will also be advised that a further act of misconduct or poor performance may result in a final written warning.

STAGE 2 - FINAL WRITTEN WARNING If there is still a failure to improve and conduct or performance is still unsatisfactory, or if the conduct is sufficiently serious to warrant only one written warning but insufficiently serious to justify dismissal, a FINAL WRITTEN WARNING will normally be given to the employee. This will give details of the complaint, will warn that dismissal or some other contractual penalty such as loss of seniority may result if there is no satisfactory improvement will give a date for further review of conduct or performance and will advise of the right of appeal. In the case of poor performance, the employee will receive an 1106/HR/Staff Handbook

improvement note, setting out details of the improvements required, the timescale, review date and training and support offered.

8.2 A copy of this final written warning will be kept on the employee's file but it will be disregarded for disciplinary purposes after a set period, subject to satisfactory conduct and performance.

STAGE 3 - DISMISSAL OR OTHER CONTRACTUAL PENALTY SUCH AS LOSS OF SENIORITY If conduct or performance is still unsatisfactory and the employee still fails to reach the prescribed required standards, or if the offence is sufficiently serious, dismissal will normally result. Only a member of the Senior Management Team can take the decision to dismiss. The employee will be provided, as soon as reasonably practicable, with written reasons for the dismissal, the date on which the employment will terminate, the appropriate period of notice (or pay in lieu of notice) and the right of appeal. If occasion warrants, some other contractual penalty such as the alternative sanction of loss of seniority, may be applied.

SUMMARY DISMISSAL Summary dismissal shall only apply in cases of gross misconduct and can then only be decided by a member of the Senior Management Team. Examples of the type of offence that might lead to summary dismissal are shown under the heading GROSS MISCONDUCT. This is not an exhaustive list but is given as a guide to the level of seriousness.

Where summary dismissal may apply, suspension may be appropriate while the case is investigated.

SUSPENSION An employee accused of an act of gross misconduct may be suspended from work on full pay while the Trust investigates the alleged offence. Suspension may normally only be carried out by a member of the Senior Management Team. In view of the fact that the Trust provides a twenty-four hour service, however, there may be occasions when a senior manager is not available to suspend an employee for gross misconduct. If such a circumstance arises responsibility is delegated to the person in charge.

If, on completion of the investigation and the full standard disciplinary procedure, the Trust is of the belief that gross misconduct has occurred, the result will normally be summary dismissal without notice.

GROSS MISCONDUCT The following provides examples of offences which are normally regarded as gross misconduct and is not exhaustive: child abuse (as defined in the Trust's Child Protection Policy) theft, fraud, deliberate falsification of records, timesheets or selfcertification forms 1106/HR/Staff Handbook

physical violence 8.3 serious bullying or harassment, including sexual or racial harassment or intimidation deliberate damage to Trust property being under the influence of alcohol or non-prescribed drugs whilst at work the use of non-prescribed drugs or illegal smoking substances on Trust property or during working hours sleeping whilst on duty negligence with regard to the health, safety and welfare of self or others any serious act of insubordination acceptance of any gifts, inducements or hospitality in return for placing of contracts for purchase of materials, equipment or supplies, or the supply of information gross inefficiency or neglect of duty breach of confidentiality wilful defiance of Trust policies, rules and procedures any conduct which in the reasonable opinion of the Trust brings you or the Trust into disrepute 8.4 APPEALS PROCEDURE An employee who wishes to appeal against a disciplinary decision should do so in writing to the Human Resources Officer, Manager or Director, giving grounds for the appeal, within five working days of receipt of the written confirmation of the disciplinary decision.

The appeal for stages 1 - 2 will be heard by a more senior manager not previously involved in the case, and for stage 3 by the Chief Executive, both accompanied by a member of the Human Resources Department. At the appeal any disciplinary penalty imposed will be reviewed but cannot be increased.

During the appeal the employee or companion will be given the opportunity to present or comment on any new evidence arising before a decision is taken.

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The employee will be notified in writing of the results of the appeal and the reasons for the decision.

8.4 The decision of the more senior manager for stages 1 to 2 and the decision of the Chief Executive for stage 3 will be final.

In the event of disciplinary action against senior managers, appeals will be heard by the Chairman of the Board whose decision will be final.

8.5 SPECIAL CONSIDERATIONS Criminal offences outside employment will not be treated as automatic reasons for dismissal. Consideration will be given as to whether the offence is one that makes the employee unsuitable for the work, unacceptable for other employment within the Trust or whether for reasons of statute the employee is unable to carry on in the required role.

The Trust is under no obligation to provide employees with a reference for new posts. In cases where the employee is the subject of disciplinary action, or where the employee has been dismissed, the Trust reserves the right to refuse to provide an employment reference.

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SECTION 9 GRIEVANCE POLICY AND PROCEDURES 9.1 INTRODUCTION These procedures are intended to be used to resolve concerns, problems or complaints raised by employees which may arise during the course of employment, as quickly, fairly and effectively as possible, and at the lowest level possible within the organisation. This procedure aims to meet the ACAS Code of Practice on Disciplinary and Grievance Procedures.

These procedures are not intended to replace the informal contact between a staff member and his/her immediate manager which is the quickest and most successful way of dealing with issues on a day-to-day basis. In addition, the Human Resources Director, Manager and Officer are available to give advice on any personal or personnel matter, pay or working conditions in general. The formal procedures should only be used where informal contact has failed to resolve the issue.

Employees have the right to be accompanied by a colleague or Trade Union representative at any hearing under this policy, and must take all reasonable steps to attend any hearing to which they are invited.

If the grievance arises as a result of a disciplinary decision it should be 9.2 PROCEDURE STAGE 1 The first stage of the formal procedure is for the employee to put his/her grievance in writing without delay to his/her immediate manager. If the grievance is against the immediate manager the matter should be raised with a more senior manager.

The immediate line manager may deal with the matter directly or refer it to a senior manager. The manager will invite the employee to attend a hearing to discuss it, and will notify them of their right to be accompanied by a colleague or Trade Union representative. After the hearing, the manager will decide what action if any, to take and will communicate the decision in writing to the employee without any unreasonable delay, setting out any action to resolve the grievance. Where further investigation is needed, the employee will be given an explanation for the delay and told when a response can be expected.

STAGE 2 If the employee feels that the matter has not been resolved at this stage, he or she may appeal to a more senior manager not previously involved in the case.

They should set out the grounds for their appeal in writing without delay. The more senior manager will arrange a hearing without unreasonable delay and will communicate the date and place for the 1106/HR/Staff Handbook

9.1 hearing to the employee in advance. Employees will be advised of their right to be accompanied to the hearing.

Following the hearing, the more senior manager will write to confirm their decision without unreasonable delay. They will also write to confirm any actions to be taken to help resolve the grievance. If further investigation is needed, the employee will be given an explanation for the delay and told when a response can be expected.

The decision of the more senior manager will be final.

Any grievance against senior managers should follow the above stages but should be addressed to the following: Stage 1

The Chief Executive

Stage 2

The Chairman of the Board whose decision is final

Confidential records will be kept at all stages of the procedure, in accordance with the Data Protection Act 1998.

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SECTION 10 EQUAL OPPORTUNITIES POLICY AND PROCEDURE 1

POLICY STATEMENT The Trust supports the principle of equal opportunities in employment of staff and opposes all forms of unlawful or unfair discrimination on the grounds of colour, race, nationality, age, ethnic or national origin, religion or belief, gender, marital status, sexual orientation or disability.

2

PROCEDURE 1. Equal opportunity is about good employment practices. Every manager and staff member has personal responsibility for the implementation of the policy. Any instance of doubt about the application of the policy or other questions, should be addressed to the Human Resources department, as should any requests for special training.

2. The policy applies to the advertisement of jobs, recruitment and appointment to them, training, conditions of work, and to every other aspect of employment. The policy also applies equally to the treatment of children using our services and their families. Staff involved in recruitment in particular Guidelines and request further training should they have any doubt about the application of this policy.

3. Employees who are disabled or who become disabled during the course of their employment should inform and may also wish to advise the Trust of any reasonable adjustments to their employment or working conditions which they consider to be necessary or which they consider would assist them in the performance of their duties. Careful consideration will be given to any proposals of this nature and, where reasonably practicable such adjustments will be made.

4. Any member of staff may use the grievance procedure to complain about discriminatory conduct where they are unable to raise or resolve the problem informally. The Trust is concerned to ensure that staff feel able to raise such grievances and no individual will be penalised for raising such a grievance unless it is untrue and made in bad faith.

5. Should a staff member be falsely accused of discriminatory conduct, then nce procedure. In this instance, the person who made the accusations may find him or herself disciplined

3

DISCIPLINE Any staff member who harasses any other staff member on the grounds of colour, race, nationality, age, ethnic or national origin, religion or belief, gender, marital status, sexual orientation or disability will be subject to the

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10.1 deemed to constitute gross misconduct and, as such, will result in summary dismissal in the absence of mitigating circumstances.

4

MONITERING Job applicants will be asked to complete a specific form providing information about themselves which will only be used for the purpose of monitoring the effectiveness of the equal opportunities policy.

This policy will be monitored and reviewed on a regular basis by the Senior Management Team.

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SECTION 11 SMOKING POLICY 1.

AIM The aim of this policy is to offer a healthy and socially acceptable working environment, to encourage awareness of the adverse effects of smoking and passive smoking and to comply with health and safety legislation.

2.

HEALTH EDUCATION The Occupational Health Department will provide advice and support to employees who wish to give up smoking.

The Trust ensures, by making publications available, that staff are made aware of the dangers to health caused by smoking.

3.

POLICY ultimate complete ban on smoking on its premises. In the interim period, the following rules must be observed by those who wish to smoke.

3.1 Smoking is only permitted in the following places: Designated smoking area off the walkway to the Main Home.

Designated smoking area off the walkway between the New Cheyne Centre and the Hydro-therapy pool 3.2 3.3 Smokers must change out of their normal uniform top whilst smoking in order to minimise the transfer of smoke fumes into the workplace.

3.4 Smokers must wash their hands after smoking.

3.5 Smoking is not permitted in any of the Trust's vehicles.

4.

ILLEGAL SMOKING SUBSTANCES The terms smoke and smoking relate to tobacco products only. The use of illegal smoking substances is defined in the disciplinary procedure as gross misconduct, which may lead to summary dismissal.

5.

IMPLEMENTATION ENFORCEMENT AND OPERATION This policy is viewed as an established standard of conduct which employees are required to observe. Persistent intentional breaches of the policy will be treated as a disciplinary matter and dealt with under the Trust's Disciplinary Procedure shown in section 8.

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SECTION 12 MISCELLANEOUS 1.

CONDUCT 1.1 The Trust requires the highest standards from you in both your performance at work and your general conduct. ensure that confidentiality and its reputation are protected. It is important that you conduct your personal and professional life in a way which does not risk you or the Trust into disrepute disciplinary action will be considered.

1.2 The Trust also recognises that employees may occasionally use the internet for personal purposes and may participate in social networking sites. Any employee who uses social networking sites must:Ensure that they do not conduct themselves in a way that is detrimental to the Trust; and Take care not to allow their interaction on such sites to damage working relationships between members of staff and/or the

2.

UNIFORMS AND DRESS CODE Certain posts necessitate the wearing of uniforms, overalls or protective clothing. If it is a condition of your employment that you wear such clothing you will be provided with the necessary clothing (or funding towards the purchase of the clothing) which you are responsible for keeping clean. It is a strict requirement that you comply with these conditions for reasons of health, safety and welfare.

Where uniforms are not provided, dress and appearance should be appropriate to the role and the organisation. Whilst the Trust respects differences in individual taste, employees must also take into consideration the important public profile and standing of the organisation, which includes frequent distinguished visitors. Guidance in this area may be sought from, or provided by, your manager. If such guidance is not followed, disciplinary action will be considered.

3.

GIFTS AND INDUCEMENTS The offering of gifts, inducements or hospitality to staff of the Trust by outside agencies in return for the placing of contracts, purchase of materials, equipment or supplies, the supply of information or other such matters shall immediately be reported to the Chief Executive. Acceptance of such gifts will be regarded as an act of gross misconduct which may result in summary dismissal.

Any fees or gifts received by you in the course of your paid employment with the

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12.1 Trust should be brought to the attention of your line manager.

4.

PERSONAL PROPERTY The Trust cannot accept any responsibility for the theft or loss of, or damage to your personal property.

5.

MOBILE PHONES Personal mobile phones may only be used in designated break times.

You are not permitted to use a hand held mobile phone whilst driving on Trust business. Should you call another staff member or volunteer whilst they are driving, you must expect to leave a message until they are able to stop the vehicle and respond.

6.

RETURN OF TRUST PROPERTY On the termination of your employment for whatever reason, you will return to the Trust all ID Badges, barrier cards, benefits cards, keys, correspondence, documents, reports, papers and records (including any computer materials such as disks) and all copies and any other property belonging to the Trust which may be in your possession. The Trust may request you to sign a statement confirming that you have complied with this clause.

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SECTION 13 EMPLOYEE RECORDS 1.

POLICY 1998, through the effective implementation of this procedure.

2.

PERSONNEL RECORDS (PAPER AND ELECTRONIC) The Trust is concerned that only relevant and accurate information is retained on employees, and that the personnel record provides a balanced picture of the employee. We also endeavour to make every effort to ensure that personnel records are kept secure and only authorised people have access to them. Our policy is one of continuous review of the way in which we maintain these records and the security we afford them.

The Trust has adopted the following four fundamental principles to ensure a proper balance between the legitimate information needs of the Trust and the correct handling of your personal information: To collect, use and retain only the personal information which is required for business or legal reasons (see 2.1 below); To provide employees with a means of ensuring their personal information in Trust personnel records is accurate (see 2.2 below); To limit the internal availability of information about employees to those with a business or legal reason to know (see 2.3 below); and To release personal information outside the Trust only with employee approval, except to verify employment or to satisfy legitimate investigatory or legal needs.

2.1 Contents of Personnel Records he following: application form/CV; recruitment progression form; copies of relevant qualifications, permits and licences; terms and conditions of employment and any subsequent amendments; references (retained for 1 year); changes in personal circumstances forms; any correspondence with the employee which is still relevant; Performance and Development Review documentation and training and development records (retained for 5 years); and records of any disciplinary actions which have yet to expire.

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13.1 2.2 Accuracy of Information in Personnel Records The Human Resources (HR) Department will keep your personnel records up remove any information which is no longer necessary or relevant. It is your responsibility however, to inform the HR Department at once of all relevant changes, particularly: name; home address; telephone number; bank details; emergency contact information; renewal of professional registration; additional qualifications gained; loss of relevant licences, work permit or professional registration; or criminal convictions.

2.3 Access to Personnel Records The Data Protection Act 1998 gives you the right to have access to your personnel record at reasonable intervals. The Trust believes that the summary of your personal information which is provided to you annually meets this requirement. In addition to this, however, you are entitled to view the contents of your own personnel records, with the following exceptions: References or other correspondence given to the Trust by a third

Confidential reports, other than appraisal forms, of a predictive nature e.g. potential for promotion.

If you require access to your records you should give 48 hours written notice of your request to the HR Manager/Officer. Access will then be in the presence of a member of the HR Department and/or it may be possible to provide you with a copy of the relevant information where this is reasonable.

2.3.1 Access by Others Other access is restricted to the Chief Executive, the relevant member of the Senior Management Team and line manager for your department, external regulators (who have the right to access records as a result of their statutory powers) and to authorised members of the HR Department. Access will then be in the HR Department or by personal collection from, and return to, a member of the HR Department. Those accessing personnel records will be required to sign to say they have accessed/borrowed/returned them.

No personnel records may be taken off the Trust premises without a justifiable reason and the permission of the Chief Executive or, in his absence, a member of the Senior Management Team.

2.3.2 Inaccuracies If you feel that there are inaccuracies in your records you should, in the first instance, raise it with a member of the HR Department. In the case of simple and clerical inaccuracies the member of the HR Department will take action to correct the record.

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13.2 In the event of a matter being more complex, or where there is potential for disagreement on the question of what should be included in the record, you will be asked to state the query in writing.

The HR Manager/Officer will consult with relevant individuals and respond to your written statement within 7 days. If you disagree with the outcome of such a response, both your statement and the response from the Trust will be placed in your records.

3.

HEALTH RECORDS Your employment medical records are held in the Occupational Health (OH) Department by the OH Nurse.

3.1 Confidentiality The OH Nurse will ensure that confidentiality of employment medical records (NMC) Code of Professional Conduct.

3.2 Disclosure of Information Disclosure of information, as per the NMC Code of Professional Conduct, will only occur: with the consent of the employee; without the consent of the employee when the disclosure is required by law or order of a court; and without the consent of the employee when the disclosure is considered to be necessary in the public interest (public interest means the interest of an individual, or groups of individuals or of society as a whole, and would for example, cover matters such as serious crime, child abuse, drug trafficking or other activities which place others at risk.)

3.3 Access to Employment Medical Records The Data Protection Act 1998 also gives individuals the right of access (subject to certain exceptions) to their employment medical records held within the OH Department.

3.4 Access to Medical Reports Act 1988 No medical report may be obtained from a GP without first obtaining consent from the employee under the Access to Medical Reports Act 1998. The details of the report will not be passed on to a line manager without the written consent of the employee.

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