POLICY 10 - IT, Telephone and Remote Working

Policy 10 – Computer, Telephone, IT and Remote Working

Excellence in Learning, Development and Training

1. INTRODUCTION This policy represents the Company’s various IT Policies.

All employees MUST read and sign the policy to ensure they have read, understood and comply with the company’s directives.

2. VARIOUS PLATFORM MISUSE Computer Misuse Some employees have access to computers in the workplace for their use in connection with the Company’s business. Abuse of the Company’s computers is prohibited. Employees who are discovered unreasonably using the Company’s computers for personal and private purposes will be dealt with under the Company’s disciplinary procedure. Vandalism of the Company’s computer network constitutes a potential gross misconduct offence and could render the employee liable to summary dismissal under the Company disciplinary procedure.

E-Mail and the Internet Some employees also have access to internal and external e-mail and the internet for the exclusive use by them in connection with the Company business. Only duly authorised personnel have the authority to use e-mail and the internet at work. Any employee found to be contravening this, may face serious disciplinary action under the Company’s disciplinary procedure. A list of authorised personnel may be obtained from Linda Johnson.

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E-Mail and the Internet (continued…)

The purpose of these rules is to protect the Company’s legal interests. Unregulated access increases the risk of employees inadvertently forming contracts through e-mail and increases the opportunity for wrongful disclosure of trade secrets and other confidential information. In addition, carelessly worded e-mail can expose the Company to an action for defamation for libel. As such, e-mail to clients and customers must follow the Company’s designated house style, which will be supplied to authorised users. Failure to follow house style is a disciplinary matter and will be dealt with under the Company disciplinary procedure.

Employees who are authorised users are only permitted to surf the internet for personal and private use, log on to social networking and video sharing websites such as Facebook, MySpace, Bebo and YouTube or use the Company IT systems to keep a personal weblog (‘blog’) at designated times during the day. The designated times are either before or after normal working hours and during any lunch break. The Company reserves the right to restrict access to social networking and video sharing websites at any time.

Further, employees are not allowed to spend excessive time ‘chatting’ by e-mail for personal and private purposes. Employees are also prohibited from using e-mail to circulate any non-business material. Excessive time spent online leads to loss of productivity and constitutes an unauthorised use of the Company’s time. In addition, offensive remarks, jokes, pictures or videos sent by e-mail, via social networking websites or blogs which are capable of amounting to harassment on the grounds of sex, marital status, race, disability, age, sexual orientation and religion or belief under the terms of the Company’s anti-harassment policy will be dealt with accordingly.

Making unauthorised orders for personal goods or services by e-mail is also prohibited. These are legally binding contracts and in the event that the employee defaults on their part of the contract, the Company may be liable.

Logging on to sexually explicit websites or the downloading and/or circulation of pornography or other grossly offensive, obscene or illegal material constitute gross misconduct offences and render the employee liable to summary dismissal under the Company’s disciplinary procedure.

When logging onto and using social networking and video sharing websites and blogs at any time, employees must not:

• Publicly identify themselves as working for the Company, make reference to the Company or provide information from which others can ascertain the name of the Company.

• Conduct themselves in a way that is detrimental to the Company or brings the Company into disrepute.

• Use their work e-mail address when registering on such sites.

• Allow their interaction on these websites or blogs to damage working relationships between employees and clients of the Company.

• Include personal information about the Company’s employees, suppliers, customers or clients without their express consent (an employee may still be liable even if employees, suppliers, customers or clients are not expressly named in the websites or blogs as long as the Company reasonably believes they are identifiable).

• Make any derogatory, offensive or defamatory comments about the Company, its employees, suppliers, customers or clients (an employee may still be liable even if the Company, its employees, suppliers, customers or clients are not expressly named in the websites or blogs as long as the Company reasonably believes they are identifiable).

• Disclose any confidential information belonging to the Company or its suppliers, customers or clients or any information, which could be used by a competitor.

Employees who are discovered contravening these rules may face serious disciplinary action, including potential gross misconduct under the Company’s disciplinary procedure.

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E-Mail and the Internet (continued…)

The Company reserves the right to deny, remove or limit e-mail and/or internet access to or from any employee who contravenes these provisions.

The Company also reserves the right to monitor employees’ e-mails and use of the internet, both during routine audits of the computer system and in specific cases where a problem relating to excessive and/or unauthorised use is suspected. The purposes for such monitoring include:

• To promote productivity and efficiency.

• To ensure the security of the system and its effective operation.

• To ensure there is no unauthorised use of the Company’s time, for example to check that an employee has not been using e-mail to send or receive an excessive number of personal communications.

• To ensure that all employees are treated with respect and dignity at work, by discovering and eliminating any material that is capable of amounting to harassment under the terms of the Company’s anti-harassment policy.

• To ensure employees are not accessing that inappropriate websites.

• To ensure there is no breach of commercial confidentiality.

When monitoring e-mails, the Company will, save in exceptional circumstances, confine itself to looking at the address and heading of the E-mails. However, where the circumstances warrant it, The Company may open E-mails and access the actual content.

Employees should mark any personal E-mails as such and encourage those who send them to do the same. The Company will avoid, where possible, opening E-mails clearly marked as private or personal.

Communications of a sensitive or confidential nature should not be sent by e-mail because it is not guaranteed to be private.

Computer Software The Company licences the use of computer software from a variety of outside companies. The Company does not own this software or its related documentation and, unless authorised by the software developer, neither the Company nor any of its employees have the right to reproduce it. To do so constitutes an infringement of copyright. Any employee found to be contravening this may face disciplinary action under the Company’s disciplinary procedure.

Computer Games There are computer games on the network. Employees may only access these outside their normal working hours, for example during lunch breaks. Employees must not install their own games on to work computers.

Computer Viruses The Company’s computer network makes it vulnerable to viruses and virus protection software has been installed. Therefore, only duly authorised personnel have the authority to load program software onto the network system via any media (Floppy Disk, CD, DVD, USB Flash, USB Portable or USB External Drive) and re-configuring or disabling the virus protection software is prohibited.

Data compatible with the Company’s system may be loaded only after being checked for viruses by authorised personnel. Any employee found to be contravening this, may face disciplinary action under the Company’s disciplinary procedure. A list of authorised personnel may be obtained from Linda Johnson.

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Telephone Misuse The Company’s telephone lines are for the exclusive use by employees in connection with the Company’s business. Whilst the Company will tolerate essential personal telephone calls concerning an employee’s domestic arrangements, excessive use of the telephone for personal calls is prohibited. This includes lengthy, casual chats and calls at premium rates.

Not only does excessive time engaged on personal telephone calls lead to loss of productivity, it also constitutes an unauthorised use of the Company’s time. If the Company discovers that the telephone has been used excessively for personal calls, this will be dealt with under the Company’s disciplinary procedure and the employee will be required to pay to the Company the cost of personal calls made.

Acceptable telephone use should be no more than five minutes of personal calls in each working day.

Personal telephone calls should be timed so as to cause minimum disruption to the employee’s work and should, as a general rule, only be made during breaks except in the case of a genuine emergency.

Employees should be aware that telephone calls made and received on the Company’s telephone network may routinely be monitored and recorded to assess employee performance, to ensure customer satisfaction and to check that the use of the telephone system is not being abused.

If employees wish to make or take a particularly sensitive, private or confidential personal telephone call, they are advised that they can use the following telephones: Personal Mobile Phones or Public Telephone Boxes on the Street. These telephones will not be subject to any form of monitoring or recording by the Company.

3. REMOTE WORKING Policy Statement It is the Company view that the promotion of remote working arrangements increases staff motivation, reduces employee stress, improves employee performance and productivity, and encourages staff retention.

The benefits of remote working for the Company include: • Control of office space requirements and containment of overhead costs.

• Staff retention, attraction and performance/productivity.

• Promotion of the Company as forward thinking and innovative.

• Maintenance of operational flexibility.

The benefits of remote working for employees include: • Promotion of a good work/life balance • Job satisfaction • Flexibility • Saving of travel costs and commuting time • Reduced stress

This policy sets out the Company provision for remote working. The remote working scheme is subject to on-going monitoring and evaluation, to ensure that it continues to work effectively both in the interests of the Company and the employee.

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Definition and Scope Remote workers are employees who, in whole or in part, and with the agreement of the Company, are based at their home for the purpose of carrying out their job duties.

The remote working scheme applies to all employees who wish to be considered for remote working.

The scope of the scheme has been determined in accordance with business needs and requirements.

An employee’s application to work remotely must be for a minimum of 2 days and a maximum of 3 days per week. If an employee has a statutory right to request flexible working and they wish to request remote working under the terms of those provisions, they should instead apply in accordance with the provisions of the Flexible Working Policy.

The decision as to whether or not to accept an application for remote working will be based on an objective assessment to determine the extent to which the employee is suitable for remote working in accordance with the stated criteria set out below. In addition, the Company aims to maintain a core number of employees who are office-based at any one time and therefore an application may be declined on the ground that otherwise it would leave an insufficient number of staff in the office. The number of remote workers will be monitored and subject to regular review.

Application Procedure The following procedure will apply to remote working requests:

• The employee should first make their request in writing to the Company setting out the remote working arrangement they seek. A Remote Working Application Form can be obtained from Linda Johnson.

• Within 28 days of receipt of this application, the Company will set up a meeting with the employee to discuss the remote working arrangement the employee has proposed.

• The Company will properly consider the request against stated criteria and will make a practical business assessment on whether the remote working request could be accommodated. There is no automatic right for an employee to work from home.

• The Company will notify its decision to the employee within 14 days of the meeting. If the Company accepts the employee’s request for remote working, it will write to the employee, establishing a start date for remote working. If the application is refused, the Company will explain the grounds for refusal in writing and confirm the internal appeal procedure.

• Where a request is agreed to, it constitutes a permanent change to the employee’s terms and conditions of employment, unless the Company notifies the employee that a trial period of up to 3 months will apply before any final decision on remote working is made.

• The employee can appeal against a refusal within 14 days of receipt of the Company’s rejection letter. The Company will then set up a meeting with the employee to discuss the appeal within 14 days after receiving the employee’s appeal letter. After that meeting has been held, the Company will write to the employee within 14 days to notify the employee of the outcome of the appeal.

An employee may apply for remote working on more than one occasion. However, where an employee has had an application rejected or has been accepted but subsequently changed their mind about remote working, a further application cannot be made for 12 months. Time will run from either the date of rejection of the employee’s application or the date of the employee’s notification that they have changed their mind.

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Stated Criteria The success of remote working depends on the remote worker holding the right personal qualities and skills to work from home and on appropriate monitoring and support systems being in place.

In determining an application to work remotely, the Company will consider the following objective criteria:

• Whether the employee has a disability or serious medical condition • Relevant knowledge and skills • Relevant qualifications • Level of reliability and self-motivation • Job performance • Achievement of targets • Disciplinary record for misconduct/poor performance • Attendance record (excluding absences related to maternity leave, pregnancy-related illness and disabilities within the meaning of the Equality Act 2010) • Timekeeping record • Length of service with the Company • Commuting time and cost • Other operational issues during employment • IT equipment and security

The above criteria will also be used to monitor and review the continued viability of remote working where it has been granted to an employee.

To assist the assessment process, the employee must, if necessary, provide any supporting documentation so that the Company can consider the request properly.

Each application for remote working will be dealt with individually, taking into account the likely effects it will have on the Company, the work of the department in which the employee making the request is employed and the employee’s colleagues. This means that if the Company agrees to one employee’s request, this does not set a precedent or create a right for another employee to be granted remote working.

The Company reserves the right to amend the stated criteria at any stage as the operational needs of the business dictate.

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4. REMOTE WORKING AGREEMENT Where remote working is granted to an employee, the following provisions will apply: Care Commitments Remote workers must separate domestic and work activities/commitments as far as is reasonably possible. Employees with caring responsibilities will be required to demonstrate to the satisfaction of the Company that the care arrangements for the dependant person do not conflict with their job duties during their normal working hours. The remote worker must inform their line manager as soon as possible of any changes to caring arrangements that have implications for the work being undertaken from home. Remote workers should inform their friends and family about their remote working arrangements to ensure interruptions are kept to a minimum during the working day.

Health and Safety Risk Assessment By making their application for remote working, the employee agrees to a formal health and safety risk assessment being carried out at their home to identify any adjustments or equipment that may be necessary for them to carry out the work in a safe environment. The work area at home needs to be suitable for working. Ideally, the employee should have a separate room or work area set aside for working that is sufficient in terms of accommodating all the necessary furniture and office equipment and with appropriate lighting, heating, etc. It is the responsibility of the employee to take reasonable care to maintain the working environment to the agreed health and safety standards.

Company Equipment In order to enable the remote worker to work from home, the Company may provide them with designated items of office equipment. Office equipment may include computer hardware and software, laptop, printer, scanner, telephone, fax machine, answer machine, mobile phone, desk, chair, filing cabinet or any other item of office equipment deemed necessary by the Company. The employee agrees that they are responsible for ensuring the equipment is properly looked after and stored or otherwise kept safely and securely at all times. Failure to do so may result in remote working being withdrawn from the employee.

The Company reserves the right to require the employee to return the equipment at any time during their employment for any reason whatsoever, including, but not limited to, the termination of the remote working arrangement. In addition, on the termination of the employee’s employment for any reason, they must promptly and without unreasonable delay return the equipment and, in any event, this must take place by no later than any date specified at the time by the Company. Any item of office equipment must be returned in the same condition as it was provided, subject to reasonable wear and tear. If an item of office equipment is damaged whilst under the employee’s control, reasonable wear and tear accepted, they will be required to pay to the Company the cost of repairing the damage. In certain circumstances, this may include the replacement cost of the office equipment if it cannot in the Company’s reasonable opinion be repaired.

Any office equipment is provided for the employee’s exclusive use in connection with their employment with the Company. This is particularly important with respect to computer equipment due to the risk of introducing computer viruses. Use of the office equipment for personal and private purposes or for any use other than for the Company’s business is prohibited. If an employee is discovered using the equipment for personal or private purposes, this is a disciplinary matter and it may also result in remote working being withdrawn. A deliberate, negligent or reckless failure to take proper care of an item of office equipment, resulting in it being lost, damaged or stolen, is also a disciplinary offence. Employees will be asked sign an agreement with the Company identifying the equipment on loan to them.

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Office Attendance On request from their line manager, the employee will be required to attend the office on their remote working days for such purposes as management, team or client meetings/briefings, other businessrelated meetings, training, appraisals and performance assessment, disciplinary and grievance hearings and/or any other operational reasons. Employees must be flexible in attending the office when requested by their line manager and the dates of such visits will be agreed in advance. All travel costs and the employee will meet expenses incurred in attending the office.

Desk Sharing When working in the office, the employee may be required to share a desk or work area with another remote worker who works in the office on different days.

Remote Working Arrangements Remote workers are expected to fulfil their normal hours of work as set out in their contract of employment. They must also ensure they are available by telephone should there be a need for their line manager or other work colleagues to check or clarify issues relating to their work and they should be available should clients wish to speak to them directly. The employee’s line manager will be responsible for ensuring that adequate arrangements are put in place for the co-ordination of their work. The Company also reserves the right for the employee’s line manager or another manager to visit them at home at agreed times for work-related purposes. It is a condition of the remote working agreement that the employee agrees to accept visits from management in their home. Such visits may be for the purposes of:

• Providing a channel for reporting • Performance monitoring and feedback • General discussions about work-related matters • Ensuring health, safety and security • Delivering and collecting work Any other work-related purposes that the Company considers appropriate

Confidentiality Remote workers must ensure the security and safekeeping of any confidential information provided by the Company. Such information should not be accessible to family or visitors of the employee.

Employees are reminded that whilst remote working, they are still bound by all the terms and conditions in their contract of employment, including terms related to confidentiality.

Insurance Office equipment supplied by the Company to remote workers is covered under the Company insurance policy against theft, fire and damage. All equipment should be secured in a locked room if an employee’s home is left unoccupied at any time. If a locked room is not available, then the home must be locked when left unoccupied. Failure to do so may render the insurance cover invalid. Employees will be required to inform their own buildings and contents insurer that additional office equipment has been provided and that they are working from home. The Company will not be responsible, in any circumstances, for any additional premiums requested by the employee’s insurance company as a result.

The Company’s employers’ liability insurance covers remote working provided there has been a health and safety risk assessment of the working environment. There should be no change to an employee’s council tax or domestic rates. The domestic rate is only affected if the employee is carrying out a business from their home.

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Termination of Remote Working The Company reserves the right to terminate an employee’s remote working arrangement at any time by serving one month’s written notice of termination on the employee. This could happen because the employee is unable to maintain standards in accordance with the stated criteria or for business, technical or organisational reasons.

Where remote working arrangements are terminated, the employee’s line manager is responsible for making arrangements for the employee to resume their job duties within the workplace.

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