Performance Management Policies

1.0 Introduction

1.1 It is the aim of the Miles & Barr Group to set out the processes to address unsatisfactory performance, supporting staff to achieve and maintain a high-standard of work performance.

1.2 In this process, where communications are expressed to be written or required in writing, this may be by letter or, where appropriate, email (and references to a decision letter include reference to any written decision made by email).

1.3 Except where otherwise stated in your Contract of Employment, this process will apply to all Miles & Barr Group employees.

1.4 This process does not form part of your Terms and Conditions of Employment and may be amended or varied by Miles & Barr Group at any time.

1.5 Where an employee’s current incapability to perform their role could be related to ill-health or a medical condition, this standard process may not be appropriate, in which case advice should be sought from the People Operations team.

1.6 Miles & Barr Group reserves the right to follow an alternative procedure if you have less than 12 months service.

1.7 All Miles & Barr employees taking part in any capacity, in any process under the Improving Performance Informal Process must at all times act in accordance with the Equality, Diversity and Inclusion Professional Standard.

1.8 Equality, Diversity and Inclusion

1. The Miles & Barr Group is committed to promoting and championing a culture of diversity, fairness and equality for all our staff, clients, and contractors.

2. Employees must be aware of their responsibilities under Equality Legislation, given that there is a corporate and individual responsibility to comply with such legislation. This also applies to any contractor when engaged to work in or with our business.

3. Understanding of how decisions, behaviour and service can impact on people with “protected characteristics” under the Equality Act 201 is key to ensuring quality and productive environments for client care and our workforce.

4. Protected Characteristics under the Equality Act 2010 are:

Race

Disability

Sex

Religion or belief

Sexual Orientation

Age

Gender re-assignment

Pregnancy and maternity

Marriage and civil partnership

2.0 Roles and Responsibilities

Managers

2.1

Establish standards of performance consistent with the requirements of the position and in line with the job description.

2.2 Communicate the expected standards, responsibilities, and objectives to staff.

2.3 Ensure members of staff are inducted and complete mandatory and essential training for their role.

2.4 Hold regular 121 meetings (no less than 12 weekly) with members of staff in order to ensure good working relationships and provide feedback on their progress (these meetings can be undertaken more frequently if deemed mutually necessary)

2.5 Keep written records of 121 meetings, copies should be held within the employees personnel file.

2.6 Provide or arrange training, coaching, supervision and guidance as necessary.

2.7 Seek advice from People Operations if there are any performance issues which extend beyond informal performance process.

Employees

2.8 Demonstrate their suitability for the role for which they are employed.

2.9 Participate as required in the induction training.

2.10 Meet any reasonable objectives within set deadlines.

2.11 Inform their line manager at the earliest opportunity of any difficulties they are experiencing.

2.12 Raise with their line manager any training, development, or support which they believe to be necessary in order for them to fulfil the requirements of their role.

People Operations

2.13 Provide HR advice/coaching on cases of unsatisfactory performance and the performance management process to line managers.

2.14 Provide support and guidance during formal meetings or hearings.

3.0 Informal Stage

3.1 You and your Line Manager should work together on an on-going basis through regular communication, as well as in more formal annual and interim Performance and Development Reviews (PDR). These meetings will assist in clarifying job requirements, your objectives, and any training and development needs. They will also help you understand how your performance contributes to the achievement of Miles & Barr’s goals and to assist you with meeting the standards of work expected in relation to your particular role and level of experience.

3.2 If any aspect of your performance is unsatisfactory and before taking formal action to address this (although a formal process may be invoked immediately in some circumstances), your Line Manager will talk to you on an informal basis in order to address the issues. As part of this informal process, the employee will be encouraged to contribute to identifying potential solutions and reasonable support to resolve the performance issues. This will normally result in agreeing a set of performance objectives (in addition to, or to complement, those agreed in the PDR); and your Line Manager will provide you with appropriate support to try to meet the required standards, which may include working together to identify and implement suitable training and coaching opportunities.

3.3 These discussions will normally be documented and held within the Employees personnel file.

3.4 A Performance Improvement Plan (PIP) will be produced with clear objectives, to include measures and timescales within which the standard of performance can reasonably be achieved. Regular monitoring (weekly) will take place with a full review of the plan set at between 4-6 weeks.

3.5 The review meeting will be an opportunity to review progress against the actions agreed to resolve any contributing organisational, policy or process issues. The meeting will also determine whether the required performance have been met and identify the reasons for any shortfall in agreed objectives. If objectives has been met no further action will be taken but the improvement MUST be sustained.

3.6 If, after putting in place the appropriate support, your performance fails to improve to the required standards in the time frame, or the improvement is NOT sustained we will normally need to move to managing your performance in a formal way; advice should be sought from the People Operations team.

3.7 If the reason for no improvement is that the employee is “able but not willing” and evidence is in place to support this opinion, then the matter will be addressed via the Disciplinary (conduct) process.

3.8 If you feel that necessary supervision or support from your Line Manager is not forthcoming you must notify People Operations of your concerns.

4.0 Sickness during the Improving Performance Procedure

4.1 If you go off sick at any time whilst you are subject to the application of the Improving Performance process, you may not be entitled to Company sick pay if this benefit is included in your contract. We may under the circumstances withhold Company sick pay. This is at the absolute discretion of the Company until the Improving Performance process is completed.

5.0 Accessibility

5.1 If any aspect of this process causes you difficulty on account of a disability, this should be raised with the People Operations team e.g. Dyslexia.

6.0 Keeping records

6.1 Managers must retain full records of the Improving Performance process, including meeting notes and correspondence. At no stage in the process should either party record a meeting using electronic recording equipment, without prior written agreement.

6.2 Written notes will be taken of the matters discussed; these are not meant to be verbatim but will be an accurate reflection of the points discussed and will form the official record of the meeting. You will have an opportunity to comment on the notes of the meeting, but this may not delay a decision. Any disagreements will be noted. You may also choose to take your own notes.

6.3 Confidentiality must be maintained, as appropriate, throughout the process.

PROCESS

1.0 Introduction

1.1 It is the aim of the Miles & Barr Group, to set out the processes to address unsatisfactory performance, supporting staff to achieve and maintain a high standard of work performance.

1.2 In this process, where communications are expressed to be written or required in writing, this may be by letter or, where appropriate, email (and references to a decision letter include reference to any written decision made by email).

1.3 Except where otherwise stated in your Contract of Employment, this process applies to all Miles & Barr Group employees.

1.4 This process does not form part of your Terms and Conditions of Employment and may be amended or varied by Miles & Barr Group at any time.

1.5 Where an employee’s current incapability to perform their role could be related to ill-health or a medical condition, this Standard may not be appropriate, in which case advice should be sought from the People Operations team.

1.6 Miles & Barr Group reserves the right to follow an alternative procedure if you have less than 12 months service.

1.7 All Miles & Barr employees taking part in any capacity in any process under the Improving Performance Process must at all times act in accordance with the Equality, Diversity and Inclusion Professional Standard.

2.0 Equality, Diversity and Inclusion

2.1 The Miles & Barr Group is committed to promoting and championing a culture of diversity, fairness and equality for all our staff, clients, and contractors.

2.2 Employees must be aware of their responsibilities under Equality Legislation, given that there is a corporate and individual responsibility to comply with such legislation. This also applies to any contractor when engaged to work in or with our business.

2.3 Understanding of how decisions, behaviour and service can impact on people with “protected characteristics” under the Equality Act 201 is key to ensuring quality and productive environments for client care and our workforce.

Protected Characteristics under the Equality Act 2010 are:

Race

Disability

Sex

belief

Orientation

3.0 Roles and Responsibilities

Managers

3.1 Establish standards of performance consistent with the requirements of the position and in line with the job description.

3.2 Communicate the expected standards, responsibilities, and objectives to staff.

3.3 Ensure members of staff are inducted and complete mandatory and essential training for their role.

3.4 Hold regular 121 meetings (no less than 12 weekly) with members of staff in order to ensure good working relationships and provide feedback on their progress (these meetings can be undertaken more frequently if deemed mutually necessary)

3.5 Keep written records of 121 meetings, copies should be held within the employees personnel file.

3.6 Provide or arrange training, coaching, supervision and guidance as necessary.

3.7 Seek advice from People Operations if there are any performance issues which extend beyond informal performance process.

Employees

3.8 Demonstrate their suitability for the role for which they are employed.

3.9 Participate as required in the induction training.

3.10 Meet any reasonable objectives within set deadlines.

3.11 Inform their line manager at the earliest opportunity of any difficulties they are experiencing.

3.12 Raise with their line manager any training, development, or support which they believe to be necessary in order for them to fulfil the requirements of their role.

People Operations

3.13 Provide HR advice/coaching on cases of unsatisfactory performance and the performance management process to line managers.

3.14 Provide support and guidance during formal meetings or hearings.

4.0 Formal Stage

4.1 No formal action will be taken against you under the Improving Performance Policy, unless the matter has first been properly explored first during the Improving Performance-Informal Stage.

4.2 Once the matter has been explored, you will be invited to a formal meeting, to be held as soon as reasonably practicable. The invitation letter will advise you of the nature of the performance concerns, and you will be given written copies of the relevant evidence and/or witness statements in advance of the meeting. The meeting will normally be conducted by your Line Manager, but it may (and, in the case of a dismissal meeting, usually will) be conducted by another manager of suitable seniority (referred to below as the “Meeting Manager”).

4.3 At the meeting, the Meeting Manager will set out the areas of your performance that cause concern, and you will be given every chance to state your case in relation to these and to ask any questions and present evidence.

4.4 You may be accompanied at the meeting (and any appeal meeting) by a work colleague of your choice. Work colleagues can take paid time off during working hours to attend the meeting.

4.5

In making the choice of a fellow worker representative as your companion, you should bear in mind the practicalities of the arrangements. Also, it might not be appropriate to bring a colleague whose presence could prejudice the meeting, or who potentially has a conflict of interest. When making your request to be accompanied, you should ensure that it is clearly understood and that you give enough time for it to be considered by the Meeting Manager.

4.6 At the meeting (and at any appeal meeting), your companion will be allowed (with your consent) to address the meeting; to put forward and sum up your case, respond on your behalf to any views expressed and to confer with you as appropriate. The companion will not, however, have the right to answer questions on your behalf, or prevent the Meeting Manager from expressing the business case.

4.7 All parties should make every effort to attend the meeting (and any appeal meeting). However, if you or your chosen companion are unable to attend at the time specified, you should put forward times when you and your companion will be available within five working days after the proposed meeting date. If you are persistently unable or unwilling to attend a meeting (or an appeal meeting) without good cause, a decision may be reached on the evidence available.

4.8 Where appropriate, the meeting (or any appeal meeting) may be adjourned to allow any investigations to take place, or for the Meeting Manager to consider their decision. Depending on the circumstances, it may be necessary to reconvene the meeting following any investigations before a decision can be reached.

4.9 Following the meeting (and any appeal meeting), you will be informed of the outcome in writing as soon as reasonably practicable, in accordance with the procedure below. You will also be sent a copy of the minutes, either with the letter confirming the outcome, or as soon as reasonably practicable after.

4.10 Any written warning or final written warning issued will be recorded on your file, but, subject to you achieving and sustaining satisfactory performance, will be disregarded after 12 months.

First Stage – Written Warning

4.11 In most cases, any sanction imposed at the first stage of the Improving Performance-Formal Process will be a written warning.

4.12 However, in exceptional circumstances, and taking into account the nature of both your role and the particular concerns, the Meeting Manager may decide to move straight to the second stage of the process and issue a final written warning (for instance where the poor performance has lead, contributed to, or is likely to lead or contribute to, the loss of a significant client or contract).

4.13 Where the outcome of the first formal meeting is a written warning, we will advise you in writing that the warning constitutes the first stage of the formal procedure, and will set out:

1. the performance concern;

2. the improvement required and agreed SMART targets if applicable.

3. the timescale for demonstrating the improvement;

4. a review date(s);

5. any support, including any training, we will provide to assist you;

6. the consequences of failing to demonstrate the required improvement within the specified time period or within the duration of the warning;

7. the length of time that the warning will remain current on your file (and that, subject to achieving and sustaining satisfactory performance, it will then become spent); and

8. Your right to appeal.

The details listed above may be contained in a Performance Improvement Plan (PIP) and included with the decision letter.

Second Stage – Final Written Warning

4.14 If your performance fails to improve to the extent required and within the timescales set out in the previous written warning, or where there is an improvement but then performance concerns again come to light during the period covered by an existing written warning, you will be invited to a second stage meeting and this may result in being issued with a final written warning.

4.15 If you are issued with a final written warning, the decision letter (and/or any PIP attached to it) will set out:

1. the details of the improvement required

2. the timescales for improvement and will specify that failure to demonstrate the required improvement within the given time period (or the duration of the warning) could lead to your dismissal.

Third Stage – Dismissal (or other penalty)

4.16 If your performance fails to improve to the extent required and within the timescales set out in the decision letter of your final written warning, or where there is an improvement but then performance concerns again come to light within the term of a final written warning, you may be dismissed with notice (or if your Terms and Conditions of employment allows it, or you agree to this, with payment in lieu of notice).

4.17 You may be offered redeployment as an alternative to dismissal; for example, demotion or transfer to a more suitable role within the business with the appropriate adjustment to salary and benefits. You will be given all the information prior to making a decision to accept redeployment. Any such change will be confirmed in writing and this will act as permanent change to your contract of employment.

4.18 If you are dismissed on grounds of capability, you will be informed in writing and the decision letter will set out:

1. the fact of and reason(s) for your dismissal;

2. the date it will take effect; and

3. your right of appeal.

5.0 Appeals

5.1 You may appeal against any sanction imposed under this Improving Performance-Formal Process within five working days of the date of the written decision. You should set out your grounds of appeal in writing, addressed to the person indicated in the letter (this will be a member of People Operations, who will arrange for a suitable Appeal Manager to be appointed).

5.2 The appeal will be heard as soon as reasonably practicable by a manager more senior to the manager who issued the sanction, who, wherever possible, has not been involved in the case.

5.3 You have the right to be accompanied at the meeting by a work colleague.

5.4 Following the appeal meeting, you will be informed of the outcome as soon as reasonably possible. The appeal decision will be final.

6.0 Employees with less than 12 months service

6.1 If you have less than 12 months service, you will normally be informed in writing if your performance fails to meet the required standards and you will be invited to attend a meeting to discuss the reasons for your poor performance.

6.2 You must take all reasonable steps to attend the meeting. At the meeting you will be given a full opportunity to comment on the reasons for underperforming and you will be able to put forward any defence or arguments to explain it.

6.3 Following the hearing, you may be dismissed on notice or payment in lieu of notice, or some lesser sanction imposed, including demotion. You will receive notification of the decision in writing.

6.4 If you are dismissed or have been demoted, you have the right to appeal in accordance with the procedure set out below.

6.5 You are entitled to be accompanied by a work colleague at any hearing or appeal hearing in accordance with the provisions below.

7.0 Sickness during the Improving Performance Procedure

7.1 If you go off sick at any time whilst you are subject to the application of the Improving Performance process, you may not be entitled to Company sick pay where this is a benefit within your Employment contract. We may under the circumstances withhold Company sick pay. This is at the absolute discretion of the Company until the Improving Performance process is completed.

8.0 Accessibility

8.1 If any aspect of this process causes you difficulty on account of a disability, this should be raised with the People Operations team e.g. Dyslexia.

9.0 Keeping records

9.1 The Meeting and Appeal Managers must retain full records of the Improving Performance process, including meeting notes and correspondence. At no stage in the process should either party record a meeting using electronic recording equipment, without prior written agreement.

9.2 Written notes will be taken of the matters discussed; these are not meant to be verbatim but will be an accurate reflection of the points discussed and will form the official record of the meeting. You will have an opportunity to comment on the notes of the meeting, but this may not delay a decision. Any disagreements will be noted. You and your companion may also choose to take your own notes. Copies of all records should be sent to the People Operations team which will be retained confidentially and securely in accordance with Data Protection and GDPR legislation.

9.3 Confidentiality must be maintained as appropriate throughout the process.

DISCIPLINARY - FORMAL PROCESS (CONDUCT)

1.0 Introduction

1.1. These guidelines are in place to promote orderly employee relations as well as fairness and consistency in the treatment of others

1.2. Where communications are expressed to be written or required in writing, this may be by letter or, where appropriate, email (and references to a decision letter include reference to any written outcome made by email).

1.3. Except where otherwise stated in your Terms and Conditions of Employment these guidelines apply to all Miles & Barr employees and representatives.

1.4. This process does not form part of your Terms and Conditions of Employment and may be amended or varied by Miles & Barr at any time.

1.5. Where an employee’s current incapability to perform their role could be related to ill-health or a medical condition, this process may not be appropriate, in which case advice should be sought from the People Operations team.

1.6. All Miles & Barr employees taking part in any capacity in any process under these Disciplinary guidelines must at all times act in accordance with, and be guided by the Equality, Diversity and Inclusion Professional Standard.

2.0 Dealing with Minor Misconduct

2.1 In the course of the normal management process it is good practice to bring any shortcomings in conduct to your attention at an early stage. Sometimes this will result in informal action, in other cases formal action may be inappropriate. Where such informal discussions take place you should be advised that any further misconduct will be considered within the formal stages of this process and may lead to formal disciplinary action. It is good management practice for your manager to take notes of these meetings to be kept as a record. A diary or file note will be made.

3.0 Misconduct

3.1 Misconduct is any matter that is reasonably suspected or believed to contravene any of the Miles & Barr policies, standards or rules, or may otherwise be a disciplinary matter. It should be noted that where conduct problems are found to have arisen due to a lack of capability, they will be addressed through the Improving Performance Process initially.

4.0 Investigating Misconduct

4.1 Your line manager or appointed investigation manager will promptly and thoroughly investigate any suspected disciplinary matter. Every effort will be made to ensure that investigations are completed within a reasonable time frame.

4.2 In some cases, the investigatory stage will be the collection of evidence by the line manager for use at any disciplinary hearing. In other cases, you may be invited to attend an investigatory interview to establish the facts of the case prior to any potential disciplinary hearing. You will be informed at the outset that the interview is an investigatory interview. There is no right for you to be accompanied at an investigatory interview and the Company reserves the right to proceed with a disciplinary hearing without holding an investigatory interview with you. You will be informed of the outcome of the investigation as soon as is reasonably practical.

5.0 Suspension or Temporary Redeployment

5.1 In certain circumstances where a possible act of gross misconduct is suspected, consideration may be given to moving you to a different position or location during an investigation. Where this is not possible or practical, consideration will be given to suspending you from your duties. This will be confirmed in writing within five working days. In this circumstance you will be required to stay away from work for all or part of any disciplinary procedure, including while an investigation is conducted.

5.2 Whilst suspended you will remain on full pay. Suspension is not considered a form of disciplinary action and you will be kept updated on the progress of the investigation. A member of the People Operations team must be consulted before any decision to suspend is taken. Miles & Barr will endeavour to keep a period of suspension on full pay to no more than ten working days, you must remain available during your working hours as you may be required to attend meetings. Miles & Barr reserves the right to withdraw pay if you fail to assist with the investigation process and/or fail to attend meetings or hearings without good reason. The decision to withdraw pay will only be made in conjunction with People Operations and you will be notified in writing.

6.0 The Disciplinary Hearing

6.1 On completion of an investigation, if there are reasonable grounds to believe that you have committed an act of misconduct or gross misconduct a disciplinary hearing will be convened. You will receive a written invitation giving reasonable notice to attend the disciplinary hearing, notifying you of your right to be accompanied by either a work colleague or a representative. The invitation should contain sufficient information about the alleged misconduct and its possible consequences to allow you to prepare to answer the case at the hearing. You will normally receive copies of any written evidence, which may include any witness statements, with the notification.

6.2 Where practicable a disciplinary hearing will normally be conducted by another manager, the hearing manager, who has not been involved during the investigation. You will be entitled to an explanation of the case against you. You will be given the opportunity to present your case and put forward any mitigating factors that may have impacted your conduct. Notes will be taken at the Disciplinary Hearing by a note taker.

6.3 The Hearing Manager will adjourn the disciplinary hearing before any decision is made. The length of this adjournment will be determined by the individual circumstances and where possible will be re-convened on the same day. If it appears necessary or desirable to gather further information, you will be informed of the length of adjournment. If further information is gathered you will be allowed a reasonable period of time, together with your companion, to consider the new information prior to the reconvening of the disciplinary hearing. At the conclusion of the disciplinary hearing, the manager will convey the decision to you and will also inform you what disciplinary action, if any, is to be taken.

6.4 The decision will be confirmed in writing. You will be notified of your right of appeal under this procedure.

7.0 Non-attendance at a Disciplinary Hearing

7.1 If you do not attend an arranged disciplinary hearing or offer a representative to give evidence and have not made prior contact to agree to a rearranged date, an alternative date will be arranged and communicated to you. You will be notified that should you fail to attend on a second occasion Miles & Barr reserves the right to hold the disciplinary hearing in your absence.

7.2 If you advise Miles & Barr of mitigating circumstances that prevent you from attending an arranged disciplinary hearing or your chosen representative is unavailable, the hearing may be adjourned to another day. You should put forward times when you and your companion will be available within five working days after the proposed hearing date. If you fail to provide reasonable alternative dates, Miles & Barr will determine an alternativedate to which you will be invited with appropriate notice. Alternatively, you may wish for your companion to attend in your absence to present your case on your behalf. You will also be given the opportunity to make a written submission in such a situation.

8.0 Disciplinary outcomes

8.1 If the hearing manager establishes that you have committed a disciplinary offence disciplinary action may be taken. A warning will usually be given verbally at the conclusion of the hearing and you will then receive written confirmation of the outcome.

8.2 The following disciplinary action may be taken:

First Written Warning

8.3 For misconduct, or in the event of further misconduct (of the same or another type), or failure to achieve satisfactory standards; a first written warning will be given. This warning will state that the likely consequences of further offences or failure to improve within a specified time period may lead to a final written warning. The first written warning will be considered spent after 12 months.

Final Written Warning

8.4 For misconduct that warrants a final warning, or in the event of further misconduct (of the same or another type) during the currency of an earlier warning, or failure to achieve satisfactory standards within a specified time, a final written warning will be given. This warning will state that the consequences of a failure to comply with any requirement imposed will normally be dismissal. A final written warning will be considered spent after 12 months.

Dismissal

8.5 Dismissal may result from a first act of gross misconduct or from any further misconduct (of the same or another type) within the duration of an earlier warning, or from a failure to achieve satisfactory standards within a specified time. If, on completion of the Disciplinary Hearing, it is concluded that gross misconduct has occurred, the result is summary dismissal with neither notice nor payment in lieu of notice. Providing the offence is not one of gross misconduct you will be dismissed and paid in lieu, your full contractual notice.

8.6 The above sanctions may be imposed in conjunction with other forms of disciplinary action. Should it be decided that there is a case for formal action which falls short of dismissal; consideration may be given to demotion, transfer or the withholding of bonuses or commission.

9.0 Appeal

9.1 You may appeal against any formal disciplinary sanction imposed. The appeal will be heard by a manager senior to the disciplining manager who is not party to the disciplinary decision.

9.2 Appeals should be made in writing within 5 working days of the date of the outcome letter and should outline the reasons for appeal.

9.3 You should note that appeals are not intended to repeat the detailed investigations of the disciplinary hearing but to focus on specific factors which you feel received insufficient consideration.

9.4 In the event of your dismissal an appeal will not affect your effective date of termination unless the dismissal is rescinded, and your appeal is upheld.

9.5 The appeal may be dismissed, allowed in full (in which case the disciplinary penalty is retrospectively cancelled), or allowed in part by substituting a lesser penalty, which could have been imposed at the original hearing.

10.0 Keeping records

10.1 The manager undertaking any part of this process must retain full records including meeting notes and correspondence. At no stage in the process can either party record a meeting or hearing using electronic recording equipment, without prior agreement. Written notes will be taken of the matters discussed, these are not meant to be verbatim but will be an accurate reflection of the points discussed and will form the official record of the meeting. You will have an opportunity to comment on the notes of the meeting but this may not delay a decision. Any disagreements will be noted. You and your companion may also choose to take your own notes. Copies of all records should be forwarded to People Operations. Confidentiality must be maintained throughout the process.

11.0 Accessibility

11.1 If any aspect of this process causes difficulty on account of any disability this should be raised with the People Operations team e.g. Dyslexia

12.0 Right to be accompanied & Role of companion

12.1 At any formal hearing (or appeal) you have the right to be accompanied at the hearing by a companion. A companion is a work colleague or a representative. The person accompanying you should be independent to the case. Representatives may be asked to provide certification as proof of their competency to accompany you

12.2 If you wish to be accompanied by a work colleague, that individual will be entitled to take a reasonable amount of time away from their duties without loss of pay to prepare for and accompany you at the hearing.

12.3 Your chosen companion has the right to address the formal hearing to put forward your case, sum up the case and respond on your behalf to any view expressed at the formal hearing. The companion may also confer with you during the formal hearing. However, there is no requirement for the manager to permit the companion to answer questions on your behalf, or to address the formal hearing where you indicate that you do not wish this.

13.0 Gross Misconduct

13.1 Gross misconduct is misconduct of such a serious and fundamental nature that it breaches the contractual relationship between you and Miles & Barr. In the event that you commit an act of gross misconduct, Miles & Barr will be entitled to summarily terminate your contract of employment without notice or pay in lieu of notice.

13.2 The following are examples (but not an exhaustive list) of acts of gross misconduct, which may warrant summary dismissal after a full investigation and subsequent disciplinary hearing:

1. Theft or fraud which involves company property, or the property of an employee, contractor, customer or the public. For example, misuse of the credit card, fraudulent expenses or travel claims.

2. Deliberate falsification of records, which may be acts or omissions. Examples include accident reporting, mileage claims, statutory registers, time recording, accounts, expenses, self-certification forms and disclosing incorrect information on an application for employment form.

3. Falsification of a qualification that is a stated requirement of the employee’s employment, or that results in financial gain to the employee.

4. Other offences of dishonesty impacting trust and confidence.

5. Sexual misconduct at work.

6.

Unauthorised use of or disclosure of confidential information.

7. Serious breaches of physical or electronic security.

8. Bullying or harassment, including violent, abusive or intimidating behaviour; including through the inappropriate use of social media channels.

9. Deliberate damage to or misuse of Company property or property belonging to fellow employees.

10. Insubordination (failure to comply with a reasonable instruction).

11. Drunkenness or being under the influence of illegal drugs or legal highs during working hours / whilst at work (as determined by the Drugs and Alcohol Policy).

12.

Possession, custody or control of illegal drugs on the business premises.

13. Negligence which causes or could have caused unacceptable loss, damage or injury.

14. Wilful or blatant acts, breaching safety and or causing risk to other employees, workers or members of the public.

15. Unauthorised absence.

16. Deliberate disregard for the safety of others whether through instruction to others, a breach of Health & Safety policies, or the actions / inactions of an individual.

17. Discrimination or harassment on the grounds of sex, sexual orientation, race, disability, age, gender reassignment, marital status, maternity, religion or belief.

18. Offences against the law of the land, especially in respect of dishonesty or theft that affects the trust that Miles & Barr must place in each of its employees.

19. Abuse of Miles & Barr Email and Internet Rules and / or Professional Standards. This includes a deliberate act of insubordination in failing to comply with any corporate instruction relating to the use of your laptop or desktop, which may jeopardise business critical data.

20. Deliberate introduction of unauthorised software, including malware, into the work network.

21. The distribution of and / or storage of pornographic material by whatever means.

22. Conduct that brings or is likely to bring the Company into disrepute, including acts outside of Company premises / time. Examples may include conduct that takes place at social events with customers, clients and / or colleagues.

23. Using a mobile phone whilst driving that contravenes Health & safety standards, the Road Traffic Act or legislation.

24. Conviction of a criminal offence that is relevant to the employee’s employment.

25. Fighting with, or physical assault on, employees, fellow workers, clients, customers or members of the public.

26. Working for a competitor of any of the companies of the Miles & Barr Group, or doing work which competes with the Company’s services.

27. Knowingly breaching legislation for example Consumer Credit Act, GDPR, Data Protection, Act and Bribery Act.