Sixt puts you first! EMPLOYEE HANDBOOK
WELCOMES YOU This booklet has been designed to inform you of the main aspects of our employee practices, which affect you as a member of our team. Please take time to read through it and ask your manager if you are unclear of any aspects. Whilst every effort is made to ensure that the contents of this booklet are up to date, from time to time we do amend our practices so it is always a good idea to check with your manager.
WITHIN THIS BOOKLET INTRODUCTION TO SIXT
WORKING PRACTICES (A-Z)
HEALTH & SAFTEY AT WORK
COMPANY RULES & PROCEDURES (A-Z)
DISCIPLINARY & GRIEVANCE
We hope you will enjoy a long and productive career with Sixt UK and we welcome you to our team. Page 2
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INTRODUCTION TO SIXT Founded in Munich in 1912, the Sixt group today is a worldwide mobility service provider and is still expanding steadily. Today we have over 2000 locations operating in more than 100 countries. In Germany and Austria, Sixt is already the market leader. In UK the Sixt group is represented through it’s two main businesses, Sixt rent a car and United Rental Group and we are pleased to have you join us on our exciting journey towards a market leading position here too. Sixt rent a car has firmly established itself as a major player in and around the London area, with locations strategically placed near public transport services. Our business is growing and we are steadily opening new locations in other towns and cities across UK. We have opened facilities inside some of the major UK airports with plans to further that expansion, ensuring that Sixt is recognised as a true, one-stop-shop, mobility service provider for leisure and business travellers alike. United Rental System is a Licensee network of over 400 independent rental companies across UK. Each one retains their own identity and managerial control, but through United are able to compete in all daily rental business areas with the industry majors. Over 100 of our United Licensees have been selected as ‘Partners’ to represent Sixt in their local area working to agreed and consistent service delivery standards. Thus, our wide range of products and quality of our services give the Sixt group companies in UK a unique market position. This and many years of experience in the car rental industry mean the company is able to offer it’s customers an exceptionally good, all round service. And that is where you come in. You are joining a team of highly motivated and entrepreneurial colleagues who are committed to making our businesses the best in the UK car rental industry. Statement of main terms of employment (contract of employment) What is a contract of employment? When you are first employed, you receive your contract of employment signed by you. The contract of employment is signed in duplicate: one copy is for you, the other is for the company. It is a document that commits you to Sixt and commits Sixt to you. Your contract of employment contains all the necessary information, including: • Job title • The date your employment commenced • The term of the contract (if applicable) • Notice period • The amount of gross pay • Details of working hours The contract of employment must be kept in a safe place, not only while you are employed in your present position, but also afterwards. Even if you change jobs during your working life, you may need it. The contract of employment should be read in conjunction with the Staff Handbook
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Payroll details Method and intervals of payment Salaries/Wages will normally be paid on the 28th of each month (casual wages will be paid one month in arrears) where this date falls during the working week, directly into a bank account of your choice. Salaries are paid in arrears on the last working day of each month, and tax and National Insurance will have been deducted. All queries or changes in personal details should be addressed to your manager as soon as possible. Payroll details for new starters You must supply your immediate manager with: • P45 form (a p46 will be supplied if you do not have a p45) • Bank details • National insurance number • Passport and eligibility to work in the uk Hours of work All employees shall work a 40 hour week (unless specified otherwise in your contract of employment). The agreed daily start and end times shall be regulated by the employee’s Manager, as shall break times. All breaks shall be unpaid. Before commencing work and upon finishing work employees must record their times on the ATOSS time recording system via the branch computer. All breaks must also be recorded on the ATOSS system. Any proven abuse shall lead to dismissal. Overtime Your Contract of Employment will indicate whether or not you are entitled to overtime payments and, if you are, it will indicate the precise terms on which it is payable. If you are entitled to overtime it will be paid for each complete hour worked. Overtime is completely voluntary. You do not have a contractual right to work overtime. Where overtime is payable it is paid at your flat, standard, hourly rate of pay. The Company reserves the right to vary overtime rates Relocation The employee shall perform the duties required hereunder at or from any of the Company’s offices or at such other location of the company’s interest in the UK and shall undertake such travel within the UK and overseas as the company shall reasonably require. It is understood and agreed by the employee that they maybe required to perform duties outside the UK (but not reside outside the UK) Notice Periods Probationary period All new appointments are subject to a probationary period, during which you are required to give and will receive one week’s notice unless your Contract of Employment states otherwise. Notice periods You are entitled to receive from and to give the company the following periods of notice: Under three months’ service: one week. You are entitled to give the company the following periods of notice After 3 months service: One month You are entitled to receive from, the company the following periods of notice: Over 3 months 1 week for each complete year of service, up to a maximum of 12 weeks for 12 or more years
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BENEFITS Holiday entitlements and conditions 1. Public/bank holidays Public/bank holidays are normal working days. Staff that work on a bank holiday will be paid a normal salary for that day (pro-rata for part-time employees). These holidays may only be taken by agreement with the Manager. Employees who are required to work on these days shall be entitled to be paid their normal salary and take a day’s holiday in lieu of the Public holiday worked, to be taken at such time as is approved in advance by your Manager 1st January
2nd January (Scotland only)
Easter Monday (England, Ireland & Wales only)
Early May Bank Holiday
Spring Bank Holiday
Summer Bank Holiday
Boxing Day 2. Annual holidays The holiday year runs from 1st January to 31st December each year. The holiday entitlement for all full-time team members per full holiday year is as follows: If you join the company during the holiday year, you will accrue holidays and holiday pay at the rate of 22/52 days holiday for each week of service achieved prior to the holiday year end unless stated otherwise in your contract. At the start of the next holiday year, you will be entitled to the full 22 days. Calculation based on calendar days. 1.83 monthly accrual / calendar days in the month X days employed in the month (1.83/31 X 25 = 1.47) Additional annual holiday entitlement is based on your actual continuous company service as at 1st January each holiday year as follows: Three years’ but less than four years’ continuous service as at 1st January
Four years’ but less than five years’ continuous service as at 1st January
Five years’ or more service as at 1st January
If you work part-time you will receive a pro-rated share of the Public Holidays in addition to your annual entitlement to holidays. You will be advised of the number of days you are entitled to at the beginning of each holiday year. The number of days you are entitled to will be calculated by: When making your holiday plans the following rules should be followed: • You must obtain the prior written permission of your Manager before committing yourself to bookings or any alternative positive arrangements. • All applications for holiday must be made using the Company holiday application form or Intranet form • You should not normally plan to take more than two weeks at any one time. A longer period requires your Manager’s agreement and will be granted only in special circumstances. • You may not take annual holiday until after the successful completion of your probation other than at the discretion of your Manager. However, your holiday entitlement is calculated from when you join the Company.
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• In special circumstances, such as a new employee being committed to holiday arrangements before joining the Company or a justifiable request from an employee for additional leave over and above entitlement, your Manager may authorise appropriate additional leave, which will normally be unpaid. • The Company may require you to take any outstanding accrued holiday entitlement during your notice period. • Employees who fail to give or work their full contractual notice or are dismissed for misconduct will only receive their statutory holiday entitlement. • If you have taken more holiday than you are entitled to, you hereby consent to and the Company is hereby authorised to deduct the value of the days taken in excess of your accrued entitlement from the final salary payment made to you. • The Company reserves the right, at its sole discretion, to require you to take any outstanding holiday during any notice period (whether notice is served by the Company or you) or to make payment in lieu thereof. 3. Compassionate Leave We appreciate that there may be some unexpected events in your life that cannot be planned for, such as bereavement. The need of each member of staff for compassionate leave may vary greatly and each case will be considered individually on its merits. In the case of bereavement, special leave will be limited to circumstances involving the death of a member of your immediate family, this will include spouse (including common law), parents (including parents in-law), brother and sisters (including brothers and sisters in-law), grandparents, guardians and children. 4. Maternity leave/adoption leave Please discuss with your Manager and refer to the maternity pack. 5. Statutory Paternity pay and leave You must have 26 weeks service, 15 weeks before the expected date of childbirth (EWC). Entitlement is one or two consecutive weeks at the standard rate, this rate increases every year in April (please check current rate with your Manager or HR) or 90% of your average weekly earnings if this is less. Leave for a newborn or newly adopted child should be completed before the end of a period of 56 days beginning with the date of the child’s birth, or before the end of a period of 56 days beginning with the date of the child’s placement for adoption 6. Additional paternity leave If you meet the qualifying criteria and notice requirements you may also be entitled to take up to 26 continuous weeks’ of additional paternity leave (APL). Any period of APL which falls within the paid maternity period will qualify for the remainder of the mother’s SMP/SAP/SMA, which will be paid to the father/mother’s partner as additional statutory paternity pay. 7. Parental leave Statutory unpaid parental leave of up to 13 weeks per child is available. The leave must be taken in minimum blocks of one week between birth/adoption and age 5. Maximum leave per year is four weeks. Different rules apply to parents of disabled children. 8. Sixt Introduce a Friend • If a person you introduce to Sixt is hired on a permanent contract, you can earn a gross bonus of £300, after the person passes the 6 month probation period. Once the person you introduce has successfully completed their 6 month probation, the month after, you will receive the £300 through payroll • In addition if that same person has successfully completed a years service, you will be paid a further £200. SO THAT IS £500 IN TOTAL • There’s no maximum number of people you can refer to Sixt - we’ll reward you for each one who joins.
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• This program excludes Manager’s and Human Resources staff 9. Bonuses/Commission The Company reserves the right, on due consideration of the requirements of the business in the constantly changing market situation, to alter, amend or cancel commission and bonus schemes after due notice has been given by the Company to its employees and after consultation with its employees. To qualify for any bonus, staff MUST be in the company’s employ on the date when the bonus is normally paid and not under notice to leave the company – whether that is because of resignation or dismissal 10. Pension Scheme A Stakeholder Pension scheme is available to all employees. 10. Sickness benefit The Company operates a sick pay scheme which ‘tops up’ an employee’s (excluding seasonal and casual workers) entitlement to Statutory Sick Pay (SSP) to give the following benefits: Length of Service
Max number of weeks of company sickness payment (CSP)
Less than six months
Over 6 months
Over 1 year
Over 2 years
Over 5 years
Over 10 years
(Where sick pay for a day is less than SSP then the lower amount shall be paid.) A day of sickness for the purpose of the scheme is a day or part day during which the employee is incapable because of a specific disease or disablement, of doing work which she/he can reasonably be expected to do under her/his contract of employment. Payment will be at basic pay per day calculated as follows: Annual salary divided by 260 (i.e. 52 weeks, 5 days per week) except where employees work a shift system or part-time when the company will calculate entitlement and pay accordingly. (For part-time employees the rate, entitlement and benefit will be calculated on a pro-rata basis) Notes: • The above benefit is the maximum payable in a rolling 12-month period. • At the end of any rolling 12 month period the Company reserves the right to continue to withhold Company Sick Pay if there has been little or no improvement in the employee’s sickness absence record. • Absences that are less than 8 weeks apart shall be deemed to be linked. Length of Service with regard to CSP entitlement shall be from the date of the earliest linked absence. • Payment of Company sickness benefit is wholly at the discretion of the Company management within the rules of the scheme. All days of absence for which sickness benefit is paid will be deducted from the employee’s total entitlement under the scheme. • Where the above discretionary contractual benefit is exhausted, any remaining entitlement to Statutory Sick Pay will be made Page 7
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in accordance with current legislation. • The sickness benefit for part-time employees is on a pro rata basis. • Where considered necessary, management reserve the right and expect full co-operation in obtaining an independent medical assessment. • Temporary/seasonal and casual workers are not entitled to company sick pay • SSP is not payable for the first 3 days of any sickness period. These days are termed ‘Waiting days’. • SSP is a legal entitlement and may be paid to you by the Company for up to 28 weeks. After 28 weeks, any sickness benefit entitlement is paid directly to you by the DSS. Any payments received from the DSS should be notified to Staff Department so that corresponding deductions can be made from any salary you may be receiving. • Where applicable, the appropriate rate of Statutory Sick Pay is included in the above payments. • Where payable, sickness or industrial injury benefit must be claimed from the Benefits Agency and any benefit received must be notified to the company. Such benefits will be deducted from the above benefits • In the case of employees who are absent due to sickness during the course of disciplinary proceedings or during investigations into alleged breaches of rules, procedures or contractual obligations, the company will normally exercise their discretion not to pay company sickness benefit (although SSP will still be payable as normal). • The benefit outlined above is completely at the company’s discretion and may be suspended at any time. In the event of abuse of the scheme by any group or individual, the company reserves the right to withdraw or amend the benefit or take action under the disciplinary and dismissal procedure against the employee(s) concerned. Access to medical reports: In certain circumstances it may be necessary for the company to obtain a Medical Report from an employee’s doctor/specialist in order to establish: • reason for absence • duration of absence • when the employee will be able to return to work • what, if any, treatment is being prescribed • whether the problem will recur • whether the employee can carry out all the duties of the job The above will enable the company to plan workloads. It is in the interests of both the employee and the company to establish the employee’s ability to work with the benefit of expert medical opinion. Employees have certain rights under the Access to Medical Reports Act 1988 which will be fully explained prior to any medical report being requested. Where the company wishes to obtain a medical report, employees will be asked for their written consent.
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DIVERSITY 1. Equal Opportunities Statement The Company wholeheartedly supports the principle of equal opportunities in employment and opposes all forms of unlawful or unfair discrimination on the grounds of color, race, nationality, ethnic or national origin, sex, sexual orientation, perceived orientation, religion, marital status age or disability. We believe it is in the interest of those who work for the company, and the company itself to ensure that the talents and skills available in all the people in the community are considered when employment opportunities arise. To this end, within the framework of the law, we are committed, wherever practicable, to achieving and maintaining a workforce which broadly reflects the local community in which we operate. Every possible step will be taken to ensure that individuals are treated fairly and that decisions on recruitment, selection, training, promotion, and career management are based solely on objective and job related criteria. The Directors and Senior Managers fully support this policy statement and will review on a regular basis. All employees are responsible for playing their part in achieving its objectives. 2. Whistleblowing The Company at all times conducts its business with the highest standards of integrity and honesty. It expects all employees to maintain the same standards in everything they do. The aim of this policy is to ensure that employees are confident that they can raise any matter with the Company that concerns them in the knowledge that it will be taken seriously, treated as confidential and that no action will be taken against them. You are encouraged to use the procedure set out below if you have any concerns at all about wrongdoing at work, including any criminal offence, a failure to comply with legal obligations, a miscarriage of justice, a health and safety danger, an environmental risk or a concealment of any of these. Procedure: • If appropriate, discuss the matter with your manager in the first instance. An informal approach to your Manager will be treated as completely confidential and will not result in any report to anyone within the Company unless you agree. • If the matter requires further investigation such an investigation will be carried out and you will be informed of the outcome of the investigations and what, if any, action has been taken. • If you remain unhappy about the speed or conduct of the investigation or the way in which the matter has been resolved, you should refer the matter to HR. When they have investigated your complaint they will tell you the result of the investigation and what, if any, action has been taken. • The Company undertakes that no employee who makes a bona fide report under this procedure will be subjected to any detriment as a result. In the event that you believe you are being subjected to a detriment by any person within the Company as a result of your decision to invoke the procedure you must inform your line Manager immediately and appropriate action will be taken to protect you from any reprisals. • If it should become clear that the procedure has not been invoked in good faith, for example for malicious reasons or to pursue a personal grudge against another employee, this will constitute misconduct and will be dealt with in accordance with the terms of the Company’s disciplinary procedure.
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• The Company recognises there may be matters that cannot be dealt with internally and external authorities will need to become involved. Where this is necessary the Company reserves the right to make such a referral without your consent. 3. Harassment Policy and Procedure Sixt recognizes the right of all employees to be treated with dignity and respect by their colleagues and as such, Sixt is committed to providing a working environment free of any harassment, bullying or intimidation. Sixt agrees to take appropriate steps to promote such a workplace and employees can contribute by adhering to this policy. However, should this not be the case, Sixt recognizes the right of employees to complain about it should it occur. To this end, it is important that all employees should take careful note of the following: • Harassment and bullying are damaging to the individual and Sixt and will not be tolerated. They will be treated as a disciplinary offence and may in serious cases lead to dismissal. • Harassment is any conduct related to age, sex, marital status, race, nationality, ethnic origin, color, disability, sexual orientation, religion/belief or any personal characteristic, which is unwanted and unwelcome and which violates the recipient’s dignity or creates an intimidating, hostile, degrading or offensive environment for the recipient. It is not the intentions of the perpetrator but the reasonable perception of the recipient that matters. • Bullying is the misuse of power or position. Bullying behavior persistently criticizes, condemns and humiliates people and can undermine their ability to the extent that they lose self-confidence. Harassment complaint procedure: • Wherever possible, an employee who believes that he or she has been the subject of harassment should, in the first instance, ask the person responsible to stop the harassing behavior as it is unacceptable to them. At an early stage this will often be sufficient to stop the behavior which is causing the offence without involving third parties. • If the harassment continues the employee should initially raise the matter with their manager. The employee may then, if necessary, take their complaint through the grievance procedure. If the complaint is against their immediate manager then the manager’s manager should be the first stage in the grievance procedure. • All complaints will be handled in a timely and confidential manner. Employees shall be guaranteed a fair and impartial hearing and the matter will be investigated thoroughly. • If the investigation reveals that the complaint is valid, prompt attention and appropriate disciplinary action, designed to stop the harassment immediately and prevent its recurrence, will be taken. • Employees shall be protected from intimidation, victimization or discrimination for filing a complaint or assisting in an investigation. Retaliating against an employee for complaining about harassment is a serious disciplinary offence. NB Whilst the objects of this policy are clearly stated, and are to be followed, for reasons of equity and justice, it must also be advised that any employee who raises a complaint which upon investigation is proven to be deliberately vexatious, then that employee will themselves become the subject of action under the disciplinary and dismissal procedure.
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WORKING PRACTICES (A-Z) 1. Absence & Sickness Reporting • You MUST call your place of work prior to the start of your shift, ideally 2 hours ahead of the start. Speak to the person in charge of the shift or Manager • You need to telephone EVERY day of the absence to allow the rota to be covered. The only time this is not necessary is when you have sent in a Fit Note • You need to advise your Manager the day you are returning, to allow them to plan the rota. • On the first day of return to work you must collect a Absence Record/Return to Work Interview Form from your Manager. The only exception is when you return and your Manager is not in, a form should then be collected when your Manager has returned to work • The form should be completed and then discussed with your Manager who will sign the form and it will need to be sent to HR for the employee file • Where, however, the absence is expected to last, or lasts, for a period of longer than one working week, a Fit Note will be required from a doctor on the eighth day to cover the employee for the duration of the absence. These Fit Notes must be forwarded to your Manager • Unauthorised absence could lead to action under the disciplinary procedure • Absences resulting from accidents at work are treated as illness absence and the Company’s normal rules will apply to such absences. If you suffer an accident at work this should be recorded in the Accident Book. • Any employee who is absent three times in any six month period shall have a formal interview with their Manager/Supervisor and their entitlement to Company sick pay will be reviewed. • IMPORTANT: it should be noted that any period of unauthorised absence is a breach of contract 2. Business entertaining When submitting a claim for reimbursement for your involvement in entertaining the Company’s customers/clients/suppliers, you should specify those entertained. All such business entertaining must have prior approval by your line Manager. 3. Business travel If you are required to travel for the Company, you will be reimbursed for reasonable expenses connected with your travel. This includes mileage reimbursement in your own car, or the cost of transportation arranged by the Company through an authorised travel agency. It also includes meals, lodging and any other approved business expenses. All business travellers are required to submit expense reports for reimbursement within one month of returning from a business trip. The arrangements for business travel include the following: • Employees receive business insurance on business trips (you must ensure that you obtain ‘Green Card’ insurance for cars); • Employees are reimbursed for business mileage in their own private cars at the appropriate rate specified by the Company; • All business travel must be passed through the Personal Assistants at the UK Head Office. • All matters related to business travel should be referred to your Manager. Employees should at all times use the most appropriate (least expensive) form of transport in the circumstances.
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4. Charge cards If you are issued with a Company charge card you must comply strictly with the Company’s rules governing their use. In particular: • A monthly reconciliation along with receipts and original charge card payment slips should be forwarded to your Manager with a duly completed expenses claim form • You must adhere to the credit limit specified by the Company; • You must immediately advise the charge card provider, e.g. Barclaycard, of the loss or theft of a charge card; • Charge cards are for business use only; • The charge card must be returned to the Company on request or at the termination of employment. The credit card companies send all statements directly to the Company for payment. 5. Expenses Managers are entitled to the reimbursement of all expenses properly incurred in the course of their duties and in accordance with the guidelines issued by the Company from time to time. To claim for expenses incurred they must submit a claim form accompanied by receipts for the expenditure to their Manager. Wherever possible they should obtain VAT invoices so that the VAT can be recovered. Expenses will only be paid if approved by the line Manager. If you are uncertain as to whether an expense will be reimbursed by the Company you should seek clarification from your Manager before the expense is incurred. Claims for expenses must be submitted promptly or as soon as is practicable after the expense has been incurred and no later than one month after the expense has been incurred. Any attempt to knowingly or falsely claim expenses in breach of the Company’s guidelines will result in action being taken under the Company’s disciplinary procedure and will usually end in Dismissal. 6. Flexible working • Provided employees qualify and have caring responsibilities, they are entitled to request a flexible working arrangement, on a permanent basis, in terms of changes to hours, location and pattern of work, to enable them to care for a child or adult. • To make an application the employee must have 26 weeks’ service and not have made an application for flexible working during the last 12 months. • To make an application for flexible working if the employee cares for a child who is aged under 16, they will need to be the mother, father, partner or spouse of the child’s mother or father, adopter, guardian, special guardian (as appointed under the Children Act) or a foster parent and have responsibility for the upbringing of the child. • ‘Partner’ is defined as civil partner or a man or woman living together as if they were husband and wife. To be entitled to make a request for a contract variation to care for an adult (aged 18 or over) who is in need of care, the employee must be caring for or expect to care for a spouse, partner, civil partner or relative. If the person does not fall into one of these categories, the adult in need of care has to live at the same address as the carer. • All requests for flexible working will be seriously considered, but there is no automatic right to be granted a request. The request must be made in writing specifying that it is for this purpose, what flexible pattern the employee is proposing, detailing how the employee thinks any adverse effect n the company can be dealt with and how the employee meets the eligibility criteria.
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• Employees should be aware that if the company accepts the employee’s proposal this will normally mean a permanent change to terms and conditions. There is no statutory right to revert to the original working arrangements. • Any such request or further information on the procedure should be made to the employee’s immediate Manager in the first instance. • Employees also have a right of appeal against a decision to refuse a request. Employees are also entitled to be accompanied at any meeting or appeal hearing by a companion who must be a fellow worker employed by the company. 7. Timekeeping Employees are responsible for attending punctually for work in accordance with the hours defined within their Statement of Main Terms of Employment. Employees may not leave work prior to their normal finishing time without permission from their immediate supervisor. In the event of an employee requiring time away from work during the normal working period, he/she must report to his/her immediate supervisor upon leaving and returning to work. Persistent lateness will be considered to be a breach of procedures and may result in action under the disciplinary and dismissal procedure. Employees will only be paid for time worked. 8. Use of your home telephone You can claim the cost only for business phone calls made from your home 9. Working Time Directive The Company recognises the need for regulation in this area, but is also mindful of the needs and expectations of its customer base and the requirements of the Service Sector for flexible working. As a consequence the Company invites employees to agree in writing that they will be excluded from Regulation 4 of the Working Time Regulations 1998. Should the employee later decide that they wish Regulation 4 to apply to them, then they can give the Company appropriate written notice that they wish Regulation 4 to apply to them.
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HEALTH & SAFTEY AT WORK POLICY STATEMENT GENERAL STATEMENT Sixt UK firmly believes in the importance of providing a healthy and safe environment for its customers, visitors and staff. The company wholly accepts the aims and provisions of the Health and Safety at Work etc. Act 1974 and recognises that foremost in its duties and responsibilities to its employees is the need to provide and maintain safe, healthy and hygienic conditions and practices. It is the intention of all Management and staff to apply the company safety policy and all current health and safety legislation. We recognise that effective health and safety management provides a significant contribution to successful individual and business performance. It is our intention to promote and maintain high standards of health and safety in the workplace and we will take all reasonably practicable measures to minimise the risk of injuries or damage to health and we will endeavour to ensure that our statutory duties are met at all times. Each employee will be given such information, instruction and training as is considered necessary to enable the safe performance of work activities and arrangements will be maintained to enable employees to raise issues of health and safety. Whilst the responsibility for compliance with health and safety legislation will always remain with the company each individual has a legal obligation to take reasonable care for his or her own safety, and for the safety of those affected by his or her acts or omissions. The successful promotion and implementation of this policy relies on the full commitment and co-operation of each employee to enable us to comply with our statutory duties. This policy will be monitored to ensure that the objectives are being achieved, and will be regularly reviewed and revised as appropriate in the light of legislative or organisational changes. OVERALL RESPONSIBILITY The Managing Director has overall responsibility for health and safety policy development with its implementation being the responsibility of senior managers throughout the company organisational structure. General Duties To ensure the effective management of health and safety, the Company will: a. Prepare and publish details of the arrangements for implementing this policy. b. Establish an effective system to ensure that employees know, understand and agree their health and safety responsibilities. c. Provide safe working practices and procedures for premises, work equipment, machinery, materials and substances in use including regular maintenance and servicing. d. Carry out assessments of work activities to determine health and safety risks and take measures to ensure safe working conditions including the provision of protective devices and personal protective equipment, where appropriate. e. Promote, monitor and review health and safety, incorporating new legislation, codes of practice and appropriate industry best practice. f.
Ensure any injuries are treated, reported and recorded and that accidents are investigated to enable effective remedial action to be taken.
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g. Consult with and advise employees and other persons, including contractors, temporary employees and visitors, of health and safety risks from equipment, substances in the workplace and working practices. h. Provide for the welfare of employees. i.
Provide suitable training in health and safety to meet health and safety risks.
Review this policy at intervals not exceeding two years or following significant changes in organisational or working arrangements.
Management Responsibility Senior Managers have the responsibility for implementing the policy by the development, planning, implementation, monitoring and review of health and safety management for those areas under their control. They must ensure that high standards of health and safety are met within the workplace to protect employees and others visiting company premises. In doing this managers are not only discharging their duties to the Company, but also their own personal responsibilities under health and safety at work legislation. Without detracting from their own responsibilities, senior managers may, where appropriate, delegate to employees within their department, responsibility for the implementation of health and safety procedures. These nominated employees, will receive basic training in health and safety.
Employee Responsibilities To allow the Company to successfully carry out this policy employees must: a. Take reasonable care for their own health and safety and not do anything to endanger others by their acts or omissions at work. b. Co-operate with the company in ensuring that statutory requirements are met. c. Work in accordance with any instruction or training received. d. Inform their manager of any work situations that they consider to be unsafe. e. Not interfere with or misuse anything provided in the interests of health and safety. f.
Not undertake any task or activity for which authorisation and/or training has not been given.
Health and Safety Assistance The Managing Director is responsible for the appointment of a Health and Safety Co-ordinator (Facilities Manager), and advice, guidance and assistance to the senior management and all employees for health and safety matters. There may be occasions when specialist advice is necessary and in these circumstances the services of competent external advisors will be obtained.
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Arrangements To ensure that the policy is effectively carried out, arrangements have been made to: a. Maintain awareness of health and safety legislation. b. Provide for the development of safe working practices and procedures. c. Make available advice, information and guidance on health and safety matters. d. Inform managers and staff of their health and safety responsibilities. e. Provide training for health and safety. f.
Carry out inspections and audits to ensure compliance with health and safety policy.
g. Investigate and report on accidents at work. GENERAL H&S RULES All staff are reminded of their statutory duty to: 1. Pursue all activities in a safe manner with due regard to health & safety of (themselves) yourself and your (their) colleagues. (and others who may be affected by your acts or omissions.) 2. Report any defects or hazards without delay to your immediate manager. DO not interfere with anything provided in the interests of safety and wear any protective equipment provided. 3. Accidents happen, and whether they happen to you, a customer or another staff member on company Property, they must be reported to the Manager and entered into the accident book. You should call a registered first aider or an Appointed Person to see to the person. 4. Know the location of your nearest First Aid Box. 5. Remove any hazards and if this is not possible report all hazards (E.g. torn carpets, defective lighting, trailing leads etc) to your Manager. Mop up spillages immediately whilst displaying a Wet Floor sign. 6. Comply with the employer on all Health & Safety issues. 7. Wear protective equipment wherever provided. 8. Never intentionally or recklessly damage anything provided in the interest of Health & Safety. 9. Always ask for assistance with heavy lifting loads. 10. Use the safety stool/appropriate equipment to reach high-level access areas (never overstretch to reach an item). 11. Always follow the manufacturersâ€™ instructions when handling chemicals. 12. Keep passageways clear of obstructions. 13. Report any faults on electrical equipment to your Manager and do not carry out any electrical or other repairs unless you are trained to do so. All accidents should be recorded on an incident record form available from your duty manager. This is for all accidents, whether it be for staff or guests and is the initial stage of reporting. This would normally be completed by the Duty Manager and the person who had the accident.
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DRIVING REGULATIONS The Company’s Driving Regulations are as follows: • You must hold a current license for the vehicle being driven • Authority to drive must be obtained from your Director/Regional Manager • You are not covered for private use unless granted in your contract of employment a. Whilst the vehicle is being used on Company business no unauthorized passengers shall be carried. b. Company vehicles, unless private use has been authorized, are only covered by insurance when used on official test routes or direct routes for the delivery or collection of vehicles or spare parts. (Shopping and journeys to home are not covered.) Any infringement of this rule shall be regarded as Gross Misconduct. NOTE: In the case of employees allowed use of a Company vehicle for private purposes items a and b do not apply. • You may only drive a sports car or specialist car with the authority of your Director/Regional Manager and if over the age of 22, with two year’s full license. • It is your responsibility to ensure that the vehicle you are driving is roadworthy • All accidents, cautions, notices of intended prosecution, summonses and convictions, including details of any penalties imposed relating to traffic offences must be reported immediately to your Manager and to Insurance Department. • Unattended vehicles must be parked safely and kept locked at all times. • You must observe all road traffic law requirements at all times. • All fines and fixed penalties and other related costs incurred by an employee when using Company vehicles shall be the responsibility of the employee. • All Drivers over age 69 must have been declared fit to drive via the DVLA form D4 and GP report. • All Drivers must be under the age of 76. • Any authority for private use, apart from those employees who have such use authorized by their contract of employment must be obtained from the Managing Director • Any employee or partner involved in a blameworthy accident whilst the vehicle is in your possession or under your control (including when unattended) for private or business purposes shall pay the following towards the recovery of costs: Number of Accidents
If the Company subsequently manages to recover the excess from a third party, it will be refunded in full. The amount will be by deduction from net pay. If the total cost to the Company and any third party is less than allocated amount then the employee shall pay the actual cost of the accident/incident. The employee must adhere to all procedures with regard to reporting of vehicle damage. Once a vehicle damage report has been submitted any special circumstances will be considered by the Directors. The company reserves the right at its absolute discretion to vary these recovery amounts from time to time.
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• If you have more than two blameworthy accidents in one year, you will be requested to attend defensive driving lessons • You must show your Manager your Driving Licence whenever you are asked to do so. Bus Lanes Employees are not to use Bus Lanes and anyone found to have used a bus lane shall be responsible for any fine or penalty charge. Such fines will be deducted from your net pay. Congestion Charging When driving in towns and cities that have congestion charging every effort should be made to avoid the congestion charging zones. If this is impossible and you find that you have gone into such a zone, or if you stray into a zone inadvertently, then you MUST report the fact to your Manager / Supervisor on that day and well in time for the Company to be able to purchase an appropriate permit. Any employee who strays into a zone and does not report it will be personally liable for the full fine or penalty charge imposed by the Congestion Charging authorities and the amounts shall be deducted from your net pay. If you are instructed by your Manager / Supervisor to go into a zone you should ensure that the vehicle has been registered by the Manager / Supervisor. If a vehicle is being used as a “runner” and has been registered on a particular day then always endeavour to use that vehicle and avoid having to register other vehicles wherever possible. In general, anyone who goes into a Congestion Zone without ensuring that the appropriate charge has been paid will be personally liable for any penalty charge or fine that ensues. Completion of Computer Entry It is essential that all internal use of vehicles is recorded on CCF contracts as per Company procedure and that all deliveries and collection drivers’ details are signed for on the signature pad and the name entered in the rental agreement in F9 field for every journey in every vehicle. The computer record must be completed in such a way that we can say at any time and on any date which driver was driving that vehicle. Any deliberate failure to complete the computer record shall be regarded as Gross Misconduct.. Policy on the Use of Mobile Phones in Vehicles It is an offence to use a hand-held mobile phone or other device while driving or when the vehicle is stationary with the engine running. It is Company Policy that employees should not use any hand held electronic device in these circumstances. Mobile phones (whether hand-held or hands-free) must be switched off in filling stations. Private Use / Private Mileage / Business Use: HMRC define private use in the following way: “Private use covers all journeys except: • Journeys forming part of an employee’s employment duties (such as journeys between appointments by a service engineer or to external meetings) • Journeys related to an employee’s attendance at a temporary workplace” Therefore you must declare all miles travelled in the vehicle from home to your normal place of work as private use as well as all social and domestic journeys. Business mileage can include: • Work related visits to customers • Work related visits to other branches.
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• Vehicle collections • Vehicle deliveries • Visits to Manufacturer’s for work purposes • Company organised training courses • Work related visits to Head Office • Testing of vehicles Rules related to a driving a Company vehicle under your contract of employment. The provision of your company car is on condition that it is properly looked after and treated responsibly at all times. A car can only be allocated to, and retained by, you if you have a full valid driving licence. The Company reserves the right to amend its procedures and regulations relating to Company cars at any time. Subject to the rules below the employee is entitled to private use of a Company vehicle not exceeding that which was granted in his/her contract of employment. • The employee will be provided with a vehicle which will also be available for private use whilst the employee is attending for work. The vehicle may only be used for business purposes during working hours. It will be the employee’s responsibility to ensure that the vehicle is kept in an excellent external and internal condition. Regular checks should be made to ensure that mechanically the vehicle is maintained to a high standard. • When the vehicle is required for rental or any other use within the Company every effort will be made to make an alternative vehicle available to the employee. Rules regarding the use of the Company’s vehicles will be issued from time to time and failure to obey such rules will render the employee liable to summary dismissal or loss of the use of the vehicle. • The Company reserves the right to withdraw the use of a vehicle in the event of: i.
Extended absence from work for any reason.
ii. A protracted stay abroad. iii. The vehicle not being used by the employee whilst he/she is on holiday. iv. Convictions in the courts for certain types of motoring offences. v. The employee’s poor record of accidents while driving Company vehicles. vi. The Employee’s failure to maintain a Company vehicle in the condition required by the Company. vii. Any other event which in the opinion of the Company warrants such action. • The vehicle will be taxed, insured and serviced at the Company’s expense. Fuel used for Company purposes will be reimbursed by the Company but you will be responsible for the fuel costs for private use. No additional accessories should be fitted to the vehicle without your Manager’s permission. No towbars are to be fitted to Company vehicles. • In the event of the employee or partner receiving a summons for any motoring offence the employee must immediately inform his/her Manager who will advise Staff Department of the situation. Details of the nature and date of conviction, the penalty and endorsements must be given as soon as they are known. • Should the withdrawal of your Company vehicle render you incapable of performing the duties assigned to you by the Company, your employment may be terminated by the Company giving notice not less than that to which you are entitled under your Statement of Principal Terms and Conditions of Employment. However, no notice will be given where the reason for withdrawal of the Company vehicle is such that it warrants summary dismissal.
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• Provided the employee’s partner conforms to the rules and requirements contained herein then permission may be granted for the partner to drive Company vehicles outside normal working hours. In order to be eligible to drive a company vehicle the partner’s Driving Licence must bear the same address as the employee. The partner must be over 23 years old and have had a full clean Driving Licence for a minimum of two years. The partner must submit the original of their Driving Licence to Staff Department before permission can be granted. • Managers who wish to take their Company vehicle abroad and have over 12 months service will normally be given permission. The concession does not apply to other Company vehicle users. Consideration will be given to a reduced rental charge. The normal green card insurance request form must be submitted in the usual way and paid for by the employee. • The employee and partner (where applicable) is obliged to supply the Company with his/her Driving Licence when first joining the Company and at regular (6 monthly) intervals during employment, or on demand • From time to time there might be a separate instruction not to drive a certain model of car in an authorised group to ensure our customers have every opportunity to drive them. • Before driving any vehicle, the employee is solely responsible for the following: a. That the vehicle is roadworthy as regards brakes, steering, lighting, tyre pressures and fuel, oil and water levels.
interior of the car must not be soiled by greasy hands or overalls, and any parts dirtied (steering wheel, gear lever etc.) must be wiped absolutely clean. b. Familiarisation with current licence requirements, use of trade plates, Road Traffic Acts, and the Highway Code. Authorisation to drive company and/or customer vehicles does not include use for private purposes unless authorised by the Directors in writing. Unauthorised use of vehicles is not covered by insurance and will result in the offending employee being dismissed for gross misconduct.
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COMPANY RULES & PROCEDURES (A-Z) 1. Additional employment During your employment you must not, without the Company’s agreement, be involved either directly or indirectly in any other business or undertaking or any other regular work, whether paid or unpaid. Should you wish to accept an outside appointment or take up additional employment you must obtain the written consent of your Manager. Such consent can be revoked at any time 2.Alcohol The Company’s policy is to forbid the consumption of alcohol on the Company’s premises. Any employee who is found consuming alcohol on the Company’s premises or is found to be intoxicated at work will face disciplinary action on the ground of Gross Misconduct under the Company’s disciplinary procedure 3 Appearance Starting with your first day and continuing throughout your employment, you represent the Company. Your appearance professional conduct, actions and the impressions you make on clients and other professionals with whom you come into contact are important not only to your own advancement, but to the continuing development of the Company’s business. The Company has the right to impose such dress standards as it shall in its complete discretion think fit. 4. Company Property You are responsible for any Company equipment or documents issued to you whilst in the Company’s employment. On the termination of your employment, or at any other time in accordance with instructions given to you by the Company, you will immediately return to the Company all equipment, correspondence, records, specifications, software, models, notes, reports and other documents and any copies thereof and any other property belonging to the Company (including but not limited to the following - Company vehicle, vehicle keys, equipment, uniform, ID cards, Branch keys, mobile phones, fax machines, computers, printers, credit cards, other keys and passes) which are in your possession or under your control. You shall, if so required by the Company, confirm in writing your compliance with your obligations under this Clause. General rules for company security Personal effects should at no time be left unattended. The Company does not accept responsibility for the loss, damage, or disappearance of personal effects. Notwithstanding this policy, any losses must be reported immediately to the Company so that prompt action can be taken to attempt recovery and necessary measures can be made to prevent a recurrence. All telephone conversations should be conducted with particular regard to security due to the highly confidential nature of the Company’s business. To ensure that there are no accidental leaks of information you should assume that any information you hold about the Company or any of its clients is unpublished and confidential, unless you know for a fact that it is publicly and widely available from an official source (e.g. not just press speculation or market rumour). If for any reason you come into possession of information, accidentally or indirectly, whether substantiated or not, relating to the Company or its clients and there is reason to believe that this may represent a leak of unpublished or confidential information you should: • Adhere to the rules set out above, and • Inform a Director immediately. You should also be aware that in certain circumstances the passing on to others of unpublished price-sensitive information may, in addition to being a breach of your terms of employment, constitute a criminal offence known as ‘Insider Dealing’.
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5. Confidentiality In the course of employment you are likely to obtain knowledge of the trade secrets and highly confidential information of the Company. It is a condition of your employment that such confidential information, meaning (without limitation) lists and details of customers, contract renewal dates, terms of business, staff remuneration, business methods, tenders, details of discussions with suppliers and customers and future business strategy, shall not without prior written approval of the Company be disclosed to any person or for your own benefit or for the benefit of any other person. It is a further condition that during employment, employees shall take all necessary steps to prevent the disclosure of such confidential information or trade secrets. (The restrictions in this clause will not prevent you, after termination of employment, from using for your own or for another’s benefit, any information which by virtue of your employment, becomes part of your own skill or knowledge unless such information relates specifically to the business or the Company or the customers or suppliers of the Company and is in the nature of a trade secret.) You shall not during or after your employment disclose confidential information belonging to the Company. You have a personal responsibility to protect and maintain confidentiality of both company and client information. You must not, except as authorised or required by law or your duties, reveal any confidential information relating to the Company or any Group Company. This obligation will continue after the termination of your employment unless and until any such information comes into the public domain other than through any breach of this provision by you. 6. Company’s Facilities Use should not be made of either the Company’s address or office facilities or equipment (including stationery) for private work, and personal affairs should not be conducted during office hours. 7. Company Mobile telephones If you are provided with a mobile or car telephone, this is to be used for business telephone calls only. If the telephone is used for private telephone calls, the Company will require you to reimburse the cost of these calls. You should take care of the telephone and ensure it is secure at all times. In the event that the telephone is stolen you should notify your Manager immediately to report the theft. In the absence of your Manager you should take all reasonable steps to report the matter so that steps can be taken to disconnect the telephone. 8. Computer General rules Should an employee receive an e-mail message which has been wrongly delivered to his or her e-mail address he or she should notify the sender of the message by redirecting the message to that person. Further in the event the e-mail message contains confidential information the employee must not disclose or use that confidential information. Should you receive an e-mail which contravenes this policy the e-mail should be brought to the attention of your Manager. Misuse of the computer systems in breach of this policy statement will be considered to be misconduct and will be dealt with within the framework of the Company’s disciplinary procedure. 9. Computer Security Any employee given access to the computer systems is responsible for the security of their terminal and you must not allow the terminal to be used by an unauthorised person. All employees should keep their personal password confidential and change it regularly. When leaving a terminal unattended or on leaving the office employees should ensure that they log off the system to prevent unauthorised users using their terminal in their absence. The Company reserves the right to retrieve the contents of messages for the purpose of monitoring whether the use of the
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computer systems is legitimate, to find lost messages or to retrieve messages lost due to computer failure, to assist in the investigations of wrongful acts, or to comply with any legal obligation. The Company will not routinely monitor messages. 10. Computer Use Policy The Company’s computer system contains an e-mail facility and other computer systems which are intended to promote effective communication within the organisation on matters relating to its business. The computer systems should therefore be used for that purpose. Personal messages may not be sent. The computer systems should not be used for spreading gossip, jokes, or for personal gain or in breach of any of the Company’s standard employment policies on issues such as sexual harassment. 11. Data security It is the Company’s policy to comply with all laws regulating computers and data protection. It is therefore important that all employees minimise exposure to risk through careless practices with regard to the use of data or inappropriate, or illegal, use of software. Employees supplied with computer equipment are responsible for the safety and maintenance of that equipment, and the security of software and data stored either on their own system or other systems which they can access remotely. You are not permitted to use the Company computer facilities for personal use and computers should only be used by you to perform your job function 12. Dress code Where uniform, the property of the Company, is provided it must be returned, cleaned, and in good condition at the termination of employment, otherwise the Company shall be entitled to make a deduction for the replacement cost from any outstanding monies due. Where uniform is provided it must be worn at all times. In order to ensure the best portrayal of the Company employees must maintain a high standard of grooming and cleanliness. Employees who wear uniform should wear footwear and tights / socks which are in accordance with the rules specified on the Company intranet. Further information is contained on the Company intranet. For Head Office purposes, the following should be adhered to, all staff must always wear smart, clean and ironed clothing. In addition keep jewellery to a minimum. Persoanl hygiene should be maintained to a high standard at all times 13. Data Protection The personal data held by the company will be used internally for recruitment, pay, recording of absences, providing employment information to statutory bodies, external references, complying with legal obligations and to monitor / record progress The Company will monitor e-mail, fax and Internet communications, may record telephone calls, and at its discretion install and use cctv and other surveillance equipment 14. Drugs The possession, use or distribution of drugs for non-medical purposes on Company premises is strictly forbidden.If you are prescribed drugs by your doctor which may affect your ability to perform your work you should discuss the problem with your Manager. If the Company suspects there has been a breach of the prohibition on substances, or your work performance or conduct has been impaired through substance abuse, the Company reserves the right to require you to undergo a medical examination to determine the cause of the problem. If you refuse to undergo a medical examination in such circumstances your refusal will constitute Gross Misconduct in accordance with the Company’s disciplinary procedure. If, having undergone a medical examination, it is confirmed that you have been positively tested for a controlled drug, or you admit there is a problem, the Company reserves the
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right to suspend you from your employment to allow the Company to decide whether to deal with the matter under the terms of the Companyâ€™s disciplinary procedure. The Company reserves the right to search you or any of your property held on Company premises at any time if there are reasonable grounds to believe that the prohibition on substances is being or has been infringed. The search will be carried out in accordance with the Company rules with regard to searches. If you refuse to comply with these search procedures, your refusal will normally be treated as amounting to Gross Misconduct and it will entitle the Company to take disciplinary action. The Company reserves the right to inform the police of any suspicions it may have with regard to the use of controlled drugs by its employees on the Companyâ€™s premises. become involved. Where this is necessary the Company reserves the right to make such a referral without your consent 15. Employee entrance / security alarm code You may also be issued with a code to gain access to the building or to set and unset the security alarm. Your code should be considered highly confidential. Giving your code to another employee or to a person who is not employed by the Company may be considered grounds for termination 16. Legal action against the company Messages sent over the computer systems can give rise to legal action against the Company. Claims of defamation, breach of confidentiality or contract could arise from a misuse of the system. It is therefore vital for such messages to be treated like any other form of correspondence and where necessary hard copies to be retained. Employees are also reminded that messages are disclosable in any legal action commenced against the Company relevant to the issues set out in the message. 17. Personal mobile phones & telephone calls We recognise that occasionally staff will need to make an urgent call, if that is the case then they should seek permission from the manager to make such a call or text. Mobile phones must be switched off, in the case of an emergency, mobile phones may be left on, only with prior arrangement with the Manager. Staff can call or text during their breaks provided they have signed off on ATOSS. In addition, unless gained permission, can any staff member charge their personal mobile phones using the companies electrical supply 18. Unauthorised personnel If you see any person unknown to you acting suspiciously in any of the Company buildings, report this at once to your Manager 19. Personal Property You are responsible for your own personal property and must safeguard it by ensuring that you keep it in a secure place. The Company cannot accept responsibility for any loss or damage; this should be covered by your own personal insurance arrangements. If you lose or find any property on the premises, you should report it to your Manager immediately. It is essential that any property belonging to customers is given to the Manager and kept securely until it can be returned. The Company will open all correspondence addressed to its premises. 20. Publicity Only authorised spokespersons are permitted to make statements in public or to the media concerning the business of the
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Company. You should refer anyone seeking information to a Director. The deliberate and unauthorised disclosure of information to the media will be treated as a serious disciplinary matter and, if it damages the interests of the company, Gross Misconduct. 21. Searches The Company reserves the right to search you or any of your property held on Company premises at any time if there are reasonable grounds to believe that you are guilty of any breach of the Company’s rules and regulations. Personal searches must be carried out by security and/or local management as appropriate. Searches will be conducted with your consent and in the presence of at least one agreed witness. The Company also reserves the right to invite the police to obtain a warrant to search the Company premises and/or people suspected of possession of drugs or who are committing any other criminal act. If you refuse to permit the search to take place your refusal will normally be treated as Gross Misconduct and action will be taken against you within the Company’s disciplinary procedure 22. Secondment The Company may without your consent second you to be employed by any Group Company within the UK without prejudice to your rights under this contract of employment. 23. Security The Company is unable to guarantee storage or parking space for employee’s cars, motorcycles and cycles. Where provision is made, however, they shall be kept only in the place designated. The Company accepts no responsibility for the vehicle, or contents. All vehicles must be driven at a safe speed while on the Company’s property and where speed limits are in existence they must be obeyed. Employees must obtain permission before they can be allowed to work on their own vehicles on the Company’s premises. 24. Smoking Policy The Company has a duty to ensure, as far as practicable, the health and safety and welfare of its employees. The Company is of the view that to allow smoking on its premises is inconsistent with this duty. Employees who smoke endanger themselves and others who do not smoke by passive smoking. Smoking also has an effect on the company’s business as it increases absenteeism on the grounds of ill health, and also increases the potential of a fire on the company’s property. Smoking is strictly forbidden in ‘NO SMOKING’ areas or near inflammable goods. It is prohibited inside Company or customer vehicles, all reception and other customer contact areas. Smoking is therefore not permitted except in designated smoking areas. An employee smoking on Company premises, except in an area designated a smoking area will commit a disciplinary offence which will be dealt with in accordance with the Company’s disciplinary procedure.
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DISCIPLINARY & GRIEVANCE Disciplinary and Dismissal Procedure The purpose of the Disciplinary and Dismissal Procedure is to outline a recognised and consistent system to deal with issues of conduct, capability or other circumstances which may result in either a disciplinary warning or dismissal. The objective is to emphasise and encourage improvements in individual conduct and performance. A full investigation will be undertaken into the circumstances of any disciplinary offence prior to the implementation of any disciplinary action. It may be necessary, dependent upon the nature of the offence, to suspend the employee on full pay whilst the necessary investigations are completed. Any such period of suspension will be as short as possible, the process is as follows: Suspending an Employee from Work • Firstly, it should be emphasised that suspension is not disciplinary action in itself and does not imply guilt, rather it is a precautionary measure that is taken where serious allegations are raised and an appropriate investigation is undertaken. • When suspending an employee, the manager should meet with him/her to put the allegation to the employee in a nonjudgemental manner and to explain how the matter will be progressed, i.e. that the employee will be suspended on full pay while an investigation is carried out and that it may be necessary to speak to the employee further during the investigation before determining whether a disciplinary hearing is required. • A record of the suspension interview should be kept in case it is necessary to refer to it at a subsequent hearing and the arrangements for suspension should also be confirmed to the employee in writing • The suspension will not normally be for more than 5 working days The Disciplinary and Dismissal Procedure does not form part of your Contract of Employment for the first year of continuous service. Where disciplinary action is contemplated management will first write to the employee setting out the details of the alleged offence and, following a reasonable period to allow the employee to consider their defence, will invite the employee to attend a disciplinary hearing at which the employee will be given every opportunity to respond to any complaint before any decision on disciplinary action is taken. The employee is required by law to take all reasonable steps to attend this meeting. Disciplinary action may take any of the following forms according to the severity of the offence: a. A verbal warning. A record of the verbal warning will be placed in the employee’s personnel file. b. A written warning. A written warning will be issued to the employee and a copy placed in the employee’s personnel file. c. A final written warning. A final written warning will be issued to the employee and a copy placed in the employee’s personnel file. Upon the issue of a final written warning the employee will be advised that any further breaches of the rules will result in dismissal. d. Dismissal. Dismissal may be with or without notice depending on the circumstances, and may occur whether or not warnings have been issued.
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After due consideration, Management will inform the employee of their decision and the reasons for it. Subsequent to the meeting, Management will write to the employee confirming their decision and the reasons for it, and advising the employee that, should they wish, they have the right to appeal to senior management against the decision in accordance with the Appeal Procedure. The employee will be given the opportunity to be accompanied to the disciplinary meeting by a fellow employee or an accredited Trade Union official. Appeal procedure • An appeal against a disciplinary warning or decision to dismiss must be notified to the Manager in writing, within five working days of action under the Disciplinary and Dismissal Procedure occurring. The letter of appeal should set out the details of the grounds on which the appeal is being made. • The employee will be invited to attend an appeal hearing which will normally be heard within five working days of the application being made or as soon as possible thereafter by the appropriate Senior Manager, not previously involved. The law requires the employee to take all reasonable steps to attend. • The Senior Manager, whose decision is final, will, after careful consideration, inform the employee in writing of the outcome of their appeal. A copy of the letter, together with copies of all correspondence, will be retained in the employee’s personnel file. • The disciplining manager may be present at the appeal hearing. • An employee is entitled to have a work colleague from the company or an accredited Trade Union official, as their witness at any or all stages of the procedure, although they are not permitted to answer questions on the employee’s behalf. Grievance procedure Where there is a grievance relating to any aspect of employment, the following procedure should be followed: • The employee must set out their grievance and the basis for it in writing to their immediate manager. This should be done in confidence giving full details and sufficient time to consider the facts of the case. • The manager will convene a meeting with the employee to discuss their grievance. A full investigation will be undertaken into the circumstances of the grievance if necessary prior to the decision of a grievance. Subsequently, the manager will write to the employee and confirm what action, if any, they intend to take and to remind the employee of their right of appeal against the decision if they are unhappy with it. • If the employee is unhappy with their manager’s decision, they may appeal in writing to their manager’s immediate superior who will convene a meeting as soon as reasonably practicable to consider the grievance. Subsequently, the Senior Manager will write to the employee confirming their decision, which will be final. • An employee is entitled to have a work colleague from the company or an accredited Trade Union official, as their witness present at any or all stages of the procedure. However, the witness will not be permitted to answer questions on behalf of the employee.
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Gross Misconduct • Summary dismissal without notice will take place if an act of gross misconduct is committed. Gross misconduct is any deliberate act by an employee that is detrimental to the good conduct of the Company’s business. Examples of misconduct and gross misconduct are listed below. • Gross Misconduct covers actions by employees which are careless, reckless, or result from bad conduct and which damages, injures or interferes with the conduct of the Company’s business, the safeguarding of its property or that of other employees of the Company or its customers. Such actions will lead to dismissal. Non exhaustive examples are: • Dishonesty • The unauthorised removal from the Company’s premises of any cash, property, tools, equipment, vehicles, fuel, material or scrap which is the property of the Company or held in trust by it. • Recording the time for another employee on the ATOSS system, clocking offences, falsification of ATOSS time records, and deliberate falsification of Company records (including time sheets, logs, bonus sheets, expense claims, rental agreements, invoices, credit notes or any other document that results in payment or cost.) • Disclosure of Company information to outside sources or serious breach of confidence (subject to the Public Interest (Disclosure) Act 1998). • Use for any purpose of a Company vehicle or a vehicle in the custody and control of the Company without a signed contract of employment. • Driving vehicles on behalf of the Company without a valid driving licence for that class of vehicle. • Driving vehicles on behalf of the Company on or off the premises in a reckless manner or whilst under the influence of drink or drugs. • The carrying of unauthorised passengers in a Company or customer’s vehicle • Allowing unauthorised use of a Company vehicle. • Unauthorised private use of a Company vehicle. • Drunkenness or fighting on the Company’s premises. • Deliberate damage to Company vehicles, plant, equipment or buildings, or reckless or serious misuse resulting in damage. • Failure to observe Fire, Health, Safety rules and regulations. • Serious Insolence or insubordination. • Gross negligence which causes or might cause unacceptable loss, damage or injury. • The undertaking of any work for reward or receiving commissions outside of normal employment with the Company, where the work is of such a nature as to be related to the business of the Company. • Use of a Company vehicle for hire or reward and/or carrying unauthorised goods or passengers. • Refusal to carry out reasonable legitimate instructions • Acts of discrimination in contravention of the Company Equal Opportunities Policy • Harassment on the grounds of Sex, Sexual Orientation, Age, Religion, Race or Disability. • Any lewd or obscene acts. • Use of foul and abusive language.
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• Failure to observe Company Employment Rules - as detailed in the Employee Handbook. • Serious blameworthy accidents in Company vehicles • Unauthorised use of a Company vehicle of a group above that allowed by the contract of employment • Serious breach of the Company’s computer access rules • Serious failure to adhere to accounting and operational procedures. • Failure to secure monies, property (including vehicles) or premises resulting in loss to the Company. • The commission of a criminal offence whether inside or outside employment if the Company considers that it makes the individual unsuitable for their type of work or unacceptable to other employees. • Conviction for any serious offence while in the employ of the Company. • Misuse of the Company’s name or bringing the Company’s name into serious disrepute. • Failure to comply with relevant statutory or regulatory requirements • Violent, abusive or intimidating conduct. • Unauthorised use or disclosure of confidential information • Attending work under the influence of alcohol or non-medically prescribed drugs. • Rudeness to customers. • Accepting a gift which could be construed as a bribe. • Sleeping on duty. • Refusing to allow a search to be carried out in accordance with Company rules. • Failure to disclose correct information on your application form. • Any other matter of similar gravity adversely affecting the Company’s interest. This list is not exhaustive
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Acknowledgement and Acceptance Form Please sign and return Please sign this form, detach and hand to your manager so that a copy can be retained in your personal file. I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the undersigned (please print your full name) hereby acknowledge receipt of a copy of the Sixt UK Handbook. I understand that these terms and conditions, as amended from time to time, form part of my contract of employment and accept them accordingly. Signed: Job title: Branch/Department: Date:
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Published on Jan 23, 2012