Company Handbook

Welcome from our Executive Team

Thank you very much for deciding to further your career with Shaper/Caper!

You are joining an ambitious company at a time of growth and we look to you to play a key role in the next stage of our progression and success. We pride ourselves on our values and our support for the long term development of our staff.

We also put a lot of time and effort on creating a culture in which staff have the ability to participate in decision making and to contribute to new ideas. Staff teams are empowered to make improvements and to be as creative as possible.

We believe in you and will work closely with you to help you achieve your ambitions and goals. We welcome you and express our sincere hope that you will be happy here in our team.

We ask you to look over the contents of this Company Handbook, as in addition to setting out our rules and regulations, it also contains a great deal of helpful information.

We hope you enjoy your time with us and we very much look forward to working with you!

Thomas Small Executive Director Artistic Director

Yolanda Aguilar

‘Tommy is an amazing talent. His skill and dynamism brings a whole new creative dimension to some of Radio 2’s most iconic output’

Bob

Shennan, BBC Group Managing Director

mission

mission mission

Our Mission is Dance for All

values values

Our Values are Kindness, Respect, Cooperation, and Humour Our Code of Conduct cherishes honesty, accessibility, and dialogue

‘The children engage very well with the experience, and feedback from class teachers and those taking part has always been extremely positive. I have no hesitation in highlighting the quality of the work provided by Tommy, Yolanda, and the team at Shaper/Caper’

Kerry Dalgetty, Senior Health Promotions Officer NHS Tayside

Shaping the World Through Creative Adventures

About Shaper/Caper

Shaper/Caper is an independently led organisation based in Dundee developing the work of multi award-winning choreographer, BBC Radio 2 Artist in Residence, and Clore fellow, Thomas Small.

We do two things:

1. tour dance-theatre work around the world both live in venues and digitally via online platforms

2. deliver Creative Engagement projects for people of all ages, backgrounds and abilities

Our critically acclaimed performance work, such as ‘Within This Dust’, a piece inspired by the events of 9/11, has toured extensively across the UK over the past 10 years, as well as internationally to North and South America across Europe, including a sold out performance at the 9/11 Memorial & Museum at World Trade Center NYC. His work for children under 5, ‘Paper Moon’, a Cumbernauld Theatre commission, sold out every one of the 55 performances to date. As part of Tommy’s role as BBC Radio 2 Artist in Residence, we’ve presented work outdoors to audiences of over 30k people. We were commissioned to choreograph the opening of V&A Dundee as part of the 3D Festival. We worked with 8 pro dancers, 3 dancers from Scottish Ballet, and 500 young people from across Tayside who performed to an audience of 10k people, and shown on BBC2. Since 2010, the choreography of Thomas Small and the recognition he has received has grown at an exponential rate.

We won the Inspirational Work in Education and Community Outreach Award from One Dance UK in 2020. We have worked with over 45k children and young people over the last 5.5 years through a partnership with NHS Tayside delivering the Well Good project in 116 primary schools each year in Dundee, Perth & Kinross and Angus. We also deliver the Dance for Parkinson’s project for the Dundee and Fife hubs, continuing the project that was developed by Dance Base and Scottish Ballet; and A Day to Play – a hugely popular monthly interactive performance workshop for families in museums.

We recently moved into an office at Manhattan Works in an area of multiple deprivation in Dundee. Creating excellent art that connects with real people drives both him and the company to want to ensure that as many people as possible, despite their socio-economic backgrounds, race, and/or gender, can access high-quality arts for free. We really believe that the arts are an intrinsic part of achieving a cohesive society that can spark civic action for social change. During 2020’s initial lockdown, we created and presented Children’s Capers, an online dance class and performance presented on Facebook Live every weekday morning at 10.30am. We presented 100 episodes of Children’s Capers and reached over 100k views so far.

We are also proud to work with our volunteer Youth Advisory Board, The Body. The Body forms part of our governance procedures and help us to ensure that young voices are heard within our programme and are co-designed with our participants.

We are continually reflecting, evaluating, developing, adapting and evolving to deliver world-class creative experiences for all the people we reach.

We are supported by Creative Scotland, Scottish Government, CashBack, National Lottery Community Fund, National Lottery Heritage Fund, Corra Foundation, Northwood Charitable Trust, NHS, YouthLink Scotland, Dundee Social Enterprise Network and Rank Foundation, among others.

Awards and Accolades

Thomas Small has received numerous awards and commissions for his choreographic work. He is also one of the very few artistic leaders in Scotland, to have received bespoke leadership training experiences such as the coveted full fellowship on the Clore Leadership Programme and currently he remains the only Scottish choreographer to receive this prestigious accolade and undertake this training. He was also invited to be part of Dance East’s Rural Retreat programme of leadership training for choreographers. We were selected to take part in bespoke training with the Royal Opera House through the ROH Links programme conversation days where we have learnt from leaders at the Royal Opera House and Paul Hamlyn Foundation.

Highlights for Thomas Small and Shaper/Caper include:

• Winners of the ‘Inspirational Work in Education and Outreach’ award at the 2020 One Dance UK Awards

• Finalists in the 2022 SCVO Charity Awards and 2022 Proud Awards

• Robin Howard Foundation Commission

• Bonnie Bird New Choreography Award

• Commissioned by V&A Dundee to choreograph a piece of work involving 500 local young people and dancers from Scottish Ballet for the opening of V&A Dundee as part of the 3D Festival

• Commissioned by Starcatchers to create ‘Teeny Weeny’ for young audiences

• Commissioned by Dance Base to create ‘The End’

• Commissioned by Cumbernauld Theatre to create ‘Paper Moon’ for under 5’s audience - sell out tours in 2018 and 2019

• Awarded the first ever opportunity to be Artist in Residence at BBC Radio 2. He was picked from 750 applications and was on the final shortlist alongside two Turner prize nominated artists. As part of this process, he is mentored by Google Cultural Institute CEO Amit Sood.

• Creative Scotland full fellowship on the Clore Leadership Programme. Thomas undertook secondments at The Roundhouse in London and V&A Dundee shadowing the leadership team at both organisations. He was mentored by Akram Khan and English National Ballet Producer Farooq Chaudhry. He remains the only Scottish choreographer to be selected for a full fellowship.

• Selected to take part in Scottish Ballet Creates, creating work on principal dancers at Scottish Ballet under the mentorship of Kerry Nicholls and Christopher Hampson.

• Within This Dust international touring thanks to inclusion in the Made In Scotland showcase. Touring to Sao Paulo, Brazil and New York City 5 times including the prestigious performances at the 9/11 Memorial & Museum at the World Trade Center in April 2017 as part of the museum’s 15 year anniversary programme of events. This has allowed us to build links with the US Consulate in Edinburgh and London and international interest in further USA touring.

Meet the Executive Team

The day-to-day running of Shaper/Caper is managed by an Executive Team (Yolanda Aguilar and Thomas Small), supported by the Chair and Vice Chair of the Board.

Thomas Small Artistic Director

In 2013, our multi award-winning Artistic Director, Thomas Small, was awarded the Creative Scotland Fellowship on the prestigious Clore Leadership Programme. As part of his fellowship, he worked at the Roundhouse in London, shadowing Chief Executive and Artistic Director Marcus Davey and was seconded to the V&A. Further, Farooq Chaudhry, the acclaimed Producer of Akram Khan Company and English National Ballet mentored him. Thomas is the first ever BBC Radio 2 Artist in Residence. Thomas is the Co-Chair at The Barn, a multi arts centre in Banchory, and is also Co-Chair of Dundee Pride. He was previously on the Board of Trustees at Federation of Scottish Theatre (FST). Thomas is a trained mentor through FST’s Step Up programme. Thomas was the host of the 2021 One Dance UK Awards.

Yolanda Aguilar

Executive Director

A trained actor and dancer worked with leading community dance practitioners in London after graduation, such as Adam Benjamin of CandoCo and Fergus Early at Green Candle Dance. In Scotland, she joined YDance for 3 years, became Artist in Residence at South Lanarkshire Council, and worked at Macrobert, where she won the main commission for M-Power youth festival, which resulted in a pioneer collaboration with the world-renowned company La Fura dels Baus. She has worked with Thomas since 2011 and graduated with a merit MA in Art, Festivals, and Cultural Management from Queen Margaret University. Yolanda is on the Board of Trustees of Federation of Scottish Theatre and previous served on the Board of Arts & Business Scotland.

Meet the Board of Trustees

Chair: Hayley Durward (Photo 1) is CEO at Citymoves Dance Agency in Aberdeen. She previously worked as Dance Development Officer for Professional Pathways at Citymoves Dance Agency. She has taught freelance for Scottish-based dance companies, guest lectured at Aberdeen University on MA arts courses and is on the advisory board for the Scottish School of Contemporary Dance.

Linzi McLagan (Photo 2) Linzi is currently Head of Education at YDance and a lecturer at Dundee and Angus College. Through these roles, she aims to support and develop the provision of dance in educational settings across Scotland. She believes learning experiences within the arts play a vital role in developing participants’ capacities for critical thinking, creativity, imagination and innovation. She was previously a Dance Development Officer at Citymoves.

Jenny Rutter (Photo 3) is a fellow on the coveted Clore Leadership Programme. Jenny is a producer with 2 decades’ experience developing creative practice in the Northwest of England. Her career has included local government regeneration & creative industry roles as well as managing and producing a wide variety of arts programmes, including major festivals and events. Most recently, she worked with two Arts Council England Creative People and Places programmes, LeftCoast in Blackpool and Super Slow Way in Pennine Lancashire, where she organises the British Textile Biennial.

Dr Tracy Connelly (Photo 4) aka Vivika Widow - Award winning author of ‘Red Snow’ and the highly anticipated ‘Conflict of The Throne’ series. Three years ago she decided to utilise her personal experience and medical knowledge and formed the charity Ragdolls UK. Ragdolls aims to support children and young adults suffering from Cystic Fibrosis, Down’s Syndrome, Turner’s Syndrome and other genetic disorders.

Allan McIntyre (Photo 5) began his training as a Dancer at The Space, Dundee, before transferring to complete his studies at Laban, London. Allan has worked in various roles including Fife Cultural Trust’s Dance Development Coordinator and Youth Arts Development Coordinator at Aberdeen Performing Arts. He then worked as the Creative Industries Producer at the V&A Dundee before his current role as Creative Activities Manager at Macrobert Arts Centre.

Dr Aleksandra Webb (Photo 6) Aleksandra is a lecturer in the School of Business and Creative Industries at the University of the West of Scotland and a Fellow of Higher Education Academy. She holds a PhD in Cultural Management from the University of Stirling. She is a dedicated educator, mentor and supervisor with over a decade of teaching experience in Higher Education. She has worked as a researcher in both academic and applied contexts (including the STUC-Scottish Government Women and Work Project), and presented her work to a variety of academic and professional audiences. She has carried out research and evaluation for national and supra-national bodies such as the Scottish Government, the Scottish Trades Union Congress, Creative Scotland and the European Commission.

Victoria Simmons (Photo 7) Victoria lives just on the border between West Yorkshire and North Yorkshire, but was born in Perthshire and grew up in Orkney. She works for the NHS commissioning body in Bradford District and Craven leading on communications and engagement activity across the breadth of health and care, operating flexibly in response to system pressures, managing and developing our team, and ensuring everything they do is shaped by shared insight about the lives and experiences of our population. Her work is all about people and their stories; she sees it as her job to build empathy between the ‘system’ and the people we serve. Developing dialogue with communities can help tackle inequalities and injustice: by ensuring that decision-makers and policy-shapers see the realities of people’s lives; and informing, inspiring, and inverting the power to act so that people can create change for themselves. She thinks this is a great connection with the Shaper/Caper Mission.

(Photo 8) and Thomas (Photo 9) are also Trustees (biographies provided in section ‘Meet the Executive Team’).

Yolanda

Dance Artist

Dance Artist Laura Mackie (she/her)

Youth Advisory Board The Body

Joining Shaper/Caper

Onboarding & Induction

When you start work at Shaper/Caper the Executive Team will arrange your onboarding and induction. This should be completed within the first 3 months. During the first 2 weeks, your Line Manager in consultation with the Executive Team will:

• Introduce you to staff.

• Provide you with an overview of Shaper/Caper, its work and your role.

• Draw up an induction plan with you.

• Explain the performance management system and initiate regular one-to-one meetings.

• Acquaint you with all Health & Safety procedures.

• Set up meetings with members of the team to discuss their areas of work.

• Give you access to relevant background information to help you settle into your job e.g. the business plan, current leaflets, information sheets, and publications.

• Provide you with an overview of key partner organisations or individuals that you need to make contact with. It is a priority that you are able to establish positive professional relationships with these individuals or groups.

• Explain regulations which are part of working in our office building, for example:

• Opening hours, signing in and out, fire and security procedures.

• Provide in association with other staff, day to day support.

Our induction programme is designed so that you fit in quickly and effectively. Induction will be spread over your first few months in post, and is generally planned on a first day, first week, and first month basis. The content and duration of the induction programme will be dependent on the scope and complexity of your job, and your line manager will outline this in detail to you on your first day with us. You will meet your new colleagues and you will receive information on the Company, your terms and conditions of employment, company rules, health, hygiene and safety.

Probationary period

On joining the Company, you will serve a probationary period. During this time, you will be making your own mind up about whether you wish to remain working with this Company. Your manager, at the same time, will be assessing your capabilities, attitude and potential. If you do not reach the standards required by the Company during the probationary period, your employment may be terminated, giving the notice stated in your Main Terms and Conditions of Employment, or the probationary period may be extended. Unless stated differently in your Statement of Main Terms and Conditions of Employment, a probationary period of three months shall be served.

Changes in personal details

To help us to assist you, especially in cases of emergency, it is essential that all information on your personnel records is complete, correct and up to date. Please inform the Executive Director of any changes in your personal details, including a change of:

• Address and telephone number

• Name

• Next of kin

Your personal information is classified as confidential and will not be released to outside sources.

Personnel Files

Shaper/Caper keeps information in your digital personnel file as required under the terms of your contract. This will include your postal and email addresses, next of kin, salary and details of appraisal, training, sickness and absence details. You may request to view these files, but you will have to give at least one week’s written notice. Access will only be restricted on occasions where this would breach the confidentiality of a third party (e.g. references). These digital files can only be read via screen share and in the presence of another member of staff

Job Description

You have been provided with a Job Description of the position to which you have been appointed but amendments may be made to your Job Description from time to time in relation to our changing needs and your own ability.

Job Flexibility

It is an express condition of your employment that you are prepared, whenever necessary, to transfer to alternative duties within the Company. From time to time, it may be necessary for you to take over some duties normally performed by colleagues. This flexibility is essential as the type and volume of work is always subject to change, and it allows us to operate efficiently and gain maximum potential from our work force.

Mobility

It is a condition of your employment that you are prepared, whenever necessary, to work from any assigned location. This mobility is essential to the smooth running of our business.

Personal problems

If you have any personal problems with which you believe the Company may be able to help, then you should approach your line manager. They can arrange for a personal discussion with the appropriate personnel, which will be in absolute confidence.

Staff Appraisal Scheme: People and Performance Development

We know that our success and the impact we have on people’s lives, is down to our staff team. We are committed to developing our people and business performance to achieve our goals and those of our team members. We have designed our People and Performance Development procedure to be inclusive and tailored to the individual. We know that every staff member is unique.

Our People and Performance Development Principles

We

focus on quality conversations

Our approach to people and performance development is all about quality conversations between colleagues. Paperwork comes second and is proportionate.

We have them regularly throughout the year

Regular, short conversations throughout the year all count towards the People and Performance Development procedure. Making the end of year discussion quicker, more effective, and more focused.

Feedback, feedback, feedback

Regular, specific feedback that is focused on progress towards goals is what drives high performance, happy teams, and happy audiences. You will not be waiting for an annual review to hear how you are performing. Feedback features in every people and performance development conversation. Without an understanding of how we are performing against our goals, we do not know what things to keep doing, or what behaviours need adjusting to achieve individual, team and company success.

We work in the moment

Sometimes, people and performance development conversations will take place in the office, but most of them will be happening in the moment while you are working. In the rehearsal or workshop rooms, during staff meetings, as you pass your manager in the kitchen. We are creating a culture that moves away from people and performance development conversations purely being a process that is scheduled in the diary. It is happening all around us, all the time.

Expectations

Our expectations are that everyone:

• works with the Executive Team to achieve our Company aims

• behaves in a way that is consistent with our values

• engages in people and performance development conversations appropriately

• takes personal responsibility for their own performance.

While we want you and your manager to determine the quantity of recorded conversations, we have a minimum set of expectations that there will be at least three individual recorded conversations (1-2-1’s with your line manager), at least two Executive Team conversations recorded each year.

These will fall under the headings of:

• Review of the year / goal setting

• Development conversation

• Mid-year catch-up

• Career development discussion

Wellbeing

All our aspirations under this policy can realistically be achieved only when our staff are feeling well and able to cope with any pressures on them. Wellbeing is not a ‘tick box’ exercise that managers are required to do, it is about ongoing behaviours and building a culture where our team is happy, healthy, satisfied and have a sense of purpose.

When Performance is Below Expectations

There are of course times when an individual’s performance may fall below the expectations and standards required. In such circumstances, your manager will refer to the Performance Management Policy. Performance Management in cases where informal discussions do not lead to a satisfactory improvement in performance, or where the performance issues are more serious, your manager will follow a three-stage procedure.

• Stage 1: First Written Warning

• Stage 2: Final Written Warning

• Stage 3: Dismissal

You have the right to appeal against the capability outcome. The Executive Team reserve the right to modify this procedure and move to a final written warning or dismissal at their discretion. Please note that the procedure for managing unsatisfactory performance during your probation period varies. Performance concerns will be considered when carrying out probationary reviews.

Training and Development

We recognise the importance of training and development to:

• Enable all staff to update and extend their knowledge, skills, and experience

• Enhance job satisfaction and motivation

• Ensure effective ongoing succession planning

• Contribute to a culture which thrives upon change, innovation, and development

• Assist all staff to reach their full potential

• Develop new areas of expertise.

Due to the wide variety of needs and differing learning styles of staff, a variety of methods are available to meet identified needs. These include:

• Internal courses

• External courses

• Study leading to a formal qualification

• Conference attendance

• e-Learning

•

•

Mentoring and coaching

On the job learning

• Peer on peer observations / shadowing

• Networking

• Reading industry related literature.

The Executive Team will draw up an annual staff development plan which indicates staff and business needs, how these needs will be met and the person responsible for initiating action.

Attendance at training and development activities must be approved by the Executive Team in line with overall budgetary provision and identified needs. The resources for training and development will depend upon several factors including budgetary constraints and operational priorities. Consequently, there may be occasions when a training request may be postponed or refused due to other priorities.

Ownership, Copyright, & Intellectual Property

Ownership

All work created during your work with Shaper/Caper remains the property of Shaper Caper Limited and we reserve the right to present, perform, adapt or modify the work in any way we deem appropriate. All images taken of you during Company photo-shoots or during performance, office work, teaching or rehearsal remain the property of Shaper Caper Ltd and we reserve the right to use these images for our publicity and marketing through print, online, social media or any other means now and in the future. When you leave the company, you have no right to use any of our creative work in any context other than fair usage in show reels or portfolios for the purposes of you seeking employment, and therefore demonstrating your work.

Intellectual Property

Shaper/Caper foresees that, during the course of your employment, you may create, originate, conceive, discover, design, develop and/or make works in or relating to which there may be intellectual property rights. Subject to the provisions of the Patents Act 1977, all intellectual property rights in or relating to all or any works made during the course of your employment shall belong to and is the absolute property of Shaper/Caper, and you agree to waive all moral rights to this.

Copyright

The copyright of any communication, document, or other material (‘works’) that you prepare during your employment shall belong to the business. You irrevocably and unconditionally waive for the full period for which such rights may subsist all and any moral rights existing now or subsequently arising in respect of such works and declare that this waiver shall operate in favour of Shaper/Caper and its assigns and successors in title.

Wages & Payments

1. The pay month is the calendar month.

2. Wages are paid directly into your bank account by the last Friday of each month.

3. You will receive a payslip directly from Xero showing how the total amount of your pay has been calculated. It will also show the deductions that have been made and the reasons for them, e.g. Income Tax, National Insurance, pension, etc.

4. Any pay queries that you may have should be raised with the Executive Director.

5. If you meet the eligibility criteria set out by the Government for auto-enrolment, the Company will auto-enrol you in the pension scheme with Nest. If you are eligible for auto-enrolment you will receive a pensions pack to the home address provided when you started employment with us. If you would like to opt-out of the pension, please speak to your Line Manager for more information. You can also visit https://www.nestpensions.org.uk/ to find out more.

6. If you are overpaid for any reason, the total amount of the overpayment will normally be deducted from your next payment but if this would cause hardship, arrangements may be made for the overpayment to be recovered over a longer period.

7. At the end of each tax year, you will be given a form P60 showing you the total pay you have received from us during that year and the amount of deductions for Income Tax and National Insurance. You may also be given a form P11D showing non-salary benefits. You should keep these documents in a safe place as you may need to produce them in your dealings with HM Revenue and Customs and other government departments, or if completing a self-assessment form.

8. We reserve the right to deduct from your pay anything you owe us. This includes, but is not limited to:

• Any overpayment we have made to you for any reason.

• Any loans we have made to you in connection with your job, like advances on your salary, season ticket loans etc.

9. Shaper/Caper strives to pay to an appropriate level to ensure that it attracts and retains quality staff, while taking account of overall affordability within the resources available. Each year the Board will carry out a pay review and decide on any increases. This will depend on a range of factors, principally: performance, development of skills and experience and cost of living. Any salary increase will be subject to a satisfactory annual performance review and the Executive Team will make a recommendation to the Board. The Executive Team’s annual performance and pay review will be undertaken by the Chair or a board member delegated by the Chair. Final decisions will be communicated to staff verbally by their manager and confirmed in writing. Any pay increase normally will be processed in time for the April payroll run. Any staff member wishing to appeal against the salary review decision may do so, in writing, to the Chair.

Promotion/Acting Up into a more senior role

An individual who is promoted or who is acting up to a more senior role for a temporary period (the period being a minimum of one month) will normally be paid an additional amount appropriate for the role. In all instances the individual will be placed on a salary level which ensures an increase of at least 12.5% of their current salary. The individual will return to their original salary once the period of taking on extra responsibilities has finished, unless this period has covered the normal salary review process in which case they will return to a higher salary on their original band.

Payment for Extra Responsibilities

An individual who is taking on extra responsibilities for a temporary period of time will also be placed on a higher salary within their own salary band to ensure an increase of at least 5 – 10% of their current salary. The formal decision will be taken by the Board, on the basis of advice from the Executive Team.

The individual will return to their original salary once the period of taking on the extra responsibilities has ceased, unless this period has covered the normal salary review process in which case they will return to a higher salary on their original band.

Business Expenses

Shaper/Caper recognises that expenses are incurred in the course of both board members and staff carrying out their work. Expenses must be made claimed by the end of the month following the month in which the expense has incurred and be authorised in advance by your manager. Payment of staff expenses is normally made through the payroll directly into your bank account.

Expenses should be claimed via an Expenses Claim Form and must be authorised by your line manager prior to payment. A receipt and a clear breakdown must accompany all expense forms. This should include a detailed explanation of what the expense claim is for and what project it relates to. Expense claims will be paid within 30 days. If we become aware of false claims at any point, this will lead to disciplinary action, which could lead to you losing your job. Where more than one employee is travelling to the same destination you should use shared transport. Wherever possible, video and telephone conferencing facilities should always be considered as an alternative to travel. To avoid any disputes, we recommend that you agree in advance with your manager what expenses they would be prepared to authorise prior to incurring any expenses. Expense Claim Forms can be found at www.shapercaper.com/backstage (Password: heybeautiful) You may be issued with a Cashplus expenses card. All payments made on this card should be authorised in advance. There should be no cash withdrawls from this card.

We have a Soldo debit card available for pre-approved petty cash purchases. You will be required to sign the card out and back in again and be responsible for any transactions incurred during that timeframe. You must present receipts for all purchases made on the card.

When you are working away from the office, Shaper/Caper offers the following guidelines for your own expenses:

Travel

Travel expenses from home to the Shaper/Caper company base or your normal place of work are not paid. Travel expenses to workshops, dance clubs and rehearsals etc, whilst in Dundee, are not paid.

As a general rule staff are expected to travel by the most economical form of transport available for a particular journey.

• Bus/Train/Tram

After walking or cycling in line with our environmental policy, bus, train or tram are the preferred modes of transport.

• Taxis

Staff should use taxis only where it is impractical to use public transport.

• Car hire

You should always obtain prior approval if you intend to hire a vehicle in the course of your work. Fuel costs for hire cars are reimbursed based on actual cost rather than mileage rates.

• Own car

Where you use your own car you may claim a mileage allowance, which is intended to cover both the costs of fuel and wear and tear. Shaper/ Caper’s mileage allowances operate irrespective of car size. They are reviewed annually in line with HMRC maximum guidelines.

If staff are to use their car for business use they MUST first:

• Ensure that their car is insured for business use and provide a copy to the company of their insurance certificate that stipulates this class of travel as being covered.

• Provide a copy of their driving licence to the company.

• Provide a DVLA access code to allow for endorsements and restrictions to be checked.

• Have completed a driver’s information pack

Accommodation & Subsistence Costs

For occasions where you are staying overnight on Shaper/Caper’s behalf:

•

Hotels

Staff are encouraged to obtain the most cost-effective accommodation through advance booking (the web usually can offer cost effective deals). Normally the maximum would be £100 per night but where costs are high (e.g. Aberdeen or London) then this rate may need to be exceeded up to £150 per night.

• Meals

Shaper/Caper will reimburse the cost of meals while you are away from your normal office on Shaper/Caper work. For lunch this would normally be no more than £10; for dinner, the cost of a hotel or equivalent meal while staying away from home overnight, up to a maximum of £25.

• Staying with friends

If you are saving on accommodation by staying with friends, Shaper/Caper allows up to £25 for you to make a gift to your host.

•

Subsistence whilst travelling

If you are travelling, you may claim reasonable expenses for refreshments or a snack.

VAT receipts should always be obtained.

International Travel

Should you be required to travel internationally as part of your duties, you may, at the Board’s discretion, be offered a small, one off fee to cover travel time to and from your destination. This fee covers all travel during your trip including to and from the airport from your home and onward to your hotel. Travel to and from the airport should be conducted together as a group in the most cost effective and efficient way and if you decide to opt out of this arrangement, you will bear the costs of these additional expenses. If you have to travel separately due to your commitments with the company, then these additional expenses will be paid.

Entertaining guests/hosting meetings

Staff are trusted that when paying for guests/meetings drinks, meals or other forms of entertainment at Shaper/Caper’s expense the level of payment should be appropriate. If the amount is likely to be higher than would be usual, then you should try to obtain advance approval. Expense claim forms must state clearly who was being entertained - name and organisation - and for what reason - for example, membership recruitment, tour booking etc. If a manager feels past levels of expenses spend to be disproportionate, then staff members may be asked to clear all such future expenses in advance.

Gifts and hospitality

It’s important that whilst you are working for us that you act at all times with the highest standards of integrity and honesty in order to avoid any perception or allegations of bribery, compromise or having a conflict of interest. This means that you do not offer, promise, request or accept any cash payments, significant gifts or hospitality to or from any person or organisation that does or seeks to do business with us. However, token gifts and reasonable and proportionate hospitality are acceptable in certain circumstances. All gifts and hospitality need to be recorded with your line manager. We reserve the right to require you to refuse such gifts or hospitality and/or return them.

Any gifts from suppliers should be handled carefully and sensitively. If they are gifts of no real value (under £25, calendars, diaries, chocolates or other perishables) then these can be accepted and thanks given. If they are of a significant value (over £25, e.g. bottle of whisky) then if it can be refused without causing offence this should be done. If this is likely to cause offence these gifts should be accepted and passed to the Executive Team who will record the gift on the ‘Gift Register’ and decide how to use them appropriately (e.g. donate to charity, raffle to support Shaper/Caper, distribute amongst the staff etc.)

Bribery Act

Shaper/Caper follow the six principles of the Bribery Act: proportionality, top level commitment, risk assessment, due diligence, communication and monitoring and review. The Bribery Act prohibits organisations from allowing staff to give someone a financial or other advantage to encourage that person to perform their functions or activities improperly or to reward that person for having already done so, or for staff to accept a financial or other advantage given to encourage them to perform their functions or activities improperly in order to benefit the giver or their organisation.

For the purposes of deciding whether a function or activity has been performed improperly the test of what is expected is a test of what a reasonable person in the UK would expect in relation to the performance of that function or activity.

An area where this may cause staff uncertainty is in regard to offering or accepting hospitality. The Bribery Act states that bona fide hospitality and promotional, or other business expenditure which seeks to improve the image of an organisation, better to present products and services, or establish cordial relations, is recognised as an established and important part of doing business and therefore would in normal circumstances not be seen as a bribe.

Shaper/Caper does not wish to limit reasonable and proportionate hospitality both by and to staff, but where any member of staff is in doubt about offering or accepting specific hospitality in case it falls foul of this policy, they should seek the view and consent of the Executive Team or Chair. Any act by a member of staff that is deemed to fall within the definitions of the Bribery Act will be subject to disciplinary procedures.

Policies

All our Policies can be accessed in OneDrive in Core Team under ‘Policies’ or it can be accessed here

Shaper/Caper has policies for the following:

• Equality, Diversity & Inclusion

• Child Protection Policy

• Vulnerable Adults Policy

• Health and Safety Policy

• Maternity Leave

• Paternity Leave

• Shared Parental Leave

• Adoption Leave

• Parental Leave

• Disclosure Policy

• General Data Protection Regulations (GDPR) Policy

• Home Working Policy

• Social Networking Policy

Health & Safety

Accidents and First Aid

Any injury requiring treatment should be dealt with by a trained first-aider within the venue where you are delivering a session. Please check this on arrival at your venue. If no first aider is available in your area, please report to your Line Manager and exercise common sense as to whether or not the injury requires hospital treatment. If so, please call 111 to speak to NHS 24 for advice from a qualified medical professional. If the injury is life threatening, you should immediately call 999.

Reporting Accidents and Incidents

You should report any accident or incident, however minor, on the Accident and Incident Reporting Form in the Backstage area of our website. In the event of a serious or notifiable accident or dangerous occurrence, it is essential that your line manager is located and advised as soon as possible, in order that suitable action is taken.

Fire Procedures

Rules concerning fire evacuation are posted near fire equipment throughout the HQ building.

Hygiene

Any exposed cut or burn must be covered with a first aid dressing. If you are suffering from an infectious or contagious disease or illness such as swine flu, rubella or hepatitis, you must not report for work without clearance from your own doctor. If you have any symptoms of Covid-19, you must self-isolate for 14 days, order a test, and not attend the workplace.

Alcohol/Drug Abuse Policy

The consumption of alcohol, non-prescribed drugs, and/or intoxicating substances during the working day or during any rest breaks, on or off our Company premises, is strictly prohibited.

Alcohol may be consumed during work social events, but any alcohol consumption should be moderate. You must not drive after consuming alcohol. We expect our employees to take responsibility for themselves and others and make suitable arrangements to get home safely.

If there is any suspicion that your performance or ability to properly and safely carry out your duties may be in any way impaired during your working hours, or should we have reasonable grounds to believe that you are under the influence of alcohol or drugs, or in possession of alcohol or drugs, when you attend work, then you may be sent home and an investigation will take place. If appropriate, disciplinary action may be taken.

Holiday Entitlement & Conditions

Annual Leave

1. The holiday year runs from 7th April to 6th April each year.

2. Full-time staff are entitled to 32 days paid holiday leave per year (pro-rata for part time staff) rising to 40 days depending on length of service as shown below:

• Basic entitlement: 32 days

• After three years’ service 34 days (at the start of the holiday year in which they reach 3 years continuous service)

• After five years’ service 36 days

• After seven years’ service 38 days

• After ten years’ service 40 days.

3. These holidays include the allowance for Public/Bank holidays.

4. Only with prior approval from the Executive Team may up to 3 days be carried over into the following year.

5. TOIL time cannot be saved and used towards holidays.

6. We also provide two additional paid days off as wellbeing days (pro rata for part time staff). One in the first half of the year, and one in the second. These company-wide days off are usually scheduled in March and October each year.

Conditions applying to your annual holiday entitlement

1. You should check your proposed holiday dates with your Line Manager in the first instance. Following this check, you should then request the leave in the BreatheHR app which will automatically alert your line manager to your request.

2. Holiday requests will only be considered if you request them via the BreatheHR. We will allocate agreed holiday dates on a ‘first come – first served’ basis whilst ensuring that operational efficiency and minimum staffing levels are maintained throughout the year.

3. All holiday requests must be booked taking the company schedule into consideration.

4. Once approved, staff should record it on the Company Calendar.

5. The Company shuts down over Christmas and New Year period (usually from around 22nd Dec to 4th Jan) therefore this period of 10 work days must be taken out of annual leave entitlement.

6. You may not normally take more than two working weeks consecutively.

7. Your holiday pay will be at your normal basic pay unless shown otherwise on your Statement of Main Terms of Employment.

8. You should give the Company as much as notice as possible of your intention to take holidays but as a minimum we require the following:

• Requests for 2 days or less must be received at least 2 weeks prior to the requested start date.

• Requests for 3 days or more must be received at least 1 month prior to the requested start date.

9. We will try our best to accommodate your request, but this will always be subject to having enough people available to meet the needs of our business.

10. No payment will be made in lieu of holiday not taken unless there are exceptional circumstances agreed by the Executive Team or unless you are leaving

our employment.

11. Should you join or leave Shaper/Caper during the annual leave year, your holiday entitlement will be calculated pro-rata (see ‘Staff leaving the company’ below).

Public Holidays

Shaper/Caper observes 9 public holiday days which are included in the annual leave entitlement as shown above:

1. New Year’s Day

2. 2nd January 3. Good Friday 4. Early May Bank Holiday 5. Spring Bank Holiday 6. Summer Bank Holiday 7. St Andrew’s Day 8. Christmas Day 9. Boxing Day

Public holidays are pro-rated for part-time staff. Staff wishing to observe other holidays; for example, religious festivals, are welcome to do so as part of their annual leave entitlement. All employees, whatever their religion or belief, will be treated equally in this respect. You should apply for annual leave in the usual way and you are advised to give as much notice as possible, as requests will still be dealt with on a first come, first served basis.

Staff leaving the company

Staff will receive 1/12th of their annual holiday entitlement for each completed month of service, (this is not rounded up to the nearest 1⁄2 day), less the number of days already taken in the holiday year. If a member of staff has taken more than their accrued holiday entitlement the difference will be deducted from the final salary payment due and if there are insufficient monies due to cover this, then the member of staff will be required to refund any outstanding amounts. Accrued holiday entitlement may not be taken during a period of notice except with the consent of the Company and staff may be required to take their accrued holiday during their notice period at the absolute discretion of the company.

Special Conditions for Creative Engagement Workers

The following terms and conditions apply when accepting a role within Shaper/Caper’s Creative Engagement Team.

1. You must not establish a new dance class out with your role at Shaper/Caper at the host venue or within a 3-mile radius, involving the participants either as a result of teaching the class or otherwise within a 2-year period whether currently employed by Shaper/Caper or not.

2. You must not arrange to send a freelancer to teach your class without prior agreement with your line manager, failure to do so may result in disciplinary action and the replacement teacher will not be paid.

3. You must use language that is appropriate to the level you are teaching. Please refrain from using crude, vulgar language including swear words. You must also avoid making statements or comments to the participants, which may be misconstrued. You must remember that you are representing Shaper/ Caper in a professional capacity,

4. You must not use the classes or workshops as an opportunity to promote or market any projects or classes that you are doing yourself out with Shaper/ Caper or with other companies. Shaper/Caper works hard to establish relationships with schools and colleges and will not allow other companies to use our work for their benefit. Failure to comply with this condition will result in disciplinary action.

5. For your protection, regardless of your intentions, you must restrict the use of touch when trying to help children learn the moves. Try to use descriptive language to explain what you want. This is in line with our Child Protection Policy and is designed to protect both children and our staff.

6. Please ensure your mobile phone is switched off or on silent mode before starting your session.

7. Ensure you are wearing a Shaper/Caper branded T-Shirt during all sessions taught for the Company. Do not wear T-shirts advertising other companies.

8. You must complete and return all evaluation forms as agreed with the Executive Director each term to a satisfactory standard.

Working Hours & Breaks

Working hours

Your hours of work will be detailed in your written Statement of Main Terms and Conditions of Employment.

Normal office hours are 40 hours per week (excluding breaks). The company’s normal business hours are 8.30am to 6.00pm Monday to Friday plus activities in the evenings and weekends as part of our Creative Engagement programme and performances of our productions. Your start and end times can be flexible with arrangement with your line manager. We also will consider blended working where staff work both from the office and from home. For full details see our Home Working Policy.

The objective is to get the job done and maintain standards. With imagination, goodwill and mutual trust, we can enable personal needs to be met as far as is practicable, subject to the needs of the business. We trust staff to self-manage their time but where it is thought that staff are not keeping time to the required standard, this will be discussed with their manager.

Working time does not include normal travel between work and home, rest breaks, time spent travelling outside normal working hours and non-job-related training

Breaks

Staff members are entitled to an unpaid 30 minutes break for shifts longer than 6 hours. In addition to this, reasonable tea breaks that do not exceed 10 minutes are allowed at the discretion of your line manager.

Sickness & Absence Management Policy

Notification of incapacity for work

If you are unable to work due to illness, injury or some unforeseen circumstance, you should notify the Executive Director, by calling their mobile phone, as early as you can on the first day of absence. It is not acceptable to report your absence by text message, email or to leave a message on the Company voicemail. If the Executive Director is not available, you should contact the Artistic Director and notify them. If you are due to attend a meeting etc., you should also let the client or colleague know that you are sick.

You should let the Executive Director know by 3pm if you will be returning the next day so that we can make plans to distribute your workload to other staff members. If your incapacity extends to more than seven days you are required to notify us of your continued incapacity once a week thereafter, unless otherwise agreed. The Company needs to know about your absence so that prompt attention can be given to temporary re-organisation of your duties. You should, therefore, inform your manager of any jobs that would have required completing on the days of absence to progress a project.

Evidence of Incapacity

If the period of absence is between 0.5 and 7 calendar days, you should complete a Self-Certification of Sickness form (See Appendix 2) This should be forwarded to your line manager on your return to work who will have a discussion with you. The line manager will forward the form to the Executive Team for processing. If your absence is for more than 7 calendar days inclusive of non-working days, you must provide a medical certificate (a fit note - a Statement of Fitness for Work) signed by a registered medical practitioner. This certificate should be forwarded to the Executive Team within one week of issue. Should you wish to return to work prior to the expiry of the period covered in the medical certificate, a note from your doctor is required stating that they consider you are fit to do so. Failure to submit medical certificates on time may result in the absence being treated as unauthorised and payment may be withheld.

Going on Holiday During Sick Leave

If you are on sick leave and wish to go away on holiday (possibly booked before your sickness), you must inform the Executive Team. SSP will be unaffected. Employees may request to take holiday leave while off sick in which case this should be put in writing. If approved, sick pay is suspended while holiday pay is instated.

Sickness During Annual Leave

If you are sick during annual leave, you should follow the normal sickness reporting procedure and any period of annual leave covered by a fit note will be treated as sickness absence and the annual leave reinstated. Any sickness not covered by a fit note remains as annual leave.

If you are sick, immediately prior to or immediately after, any period of annual leave or a Bank/Public Holiday, your manager may request that a fit note be provided for the absence. We will cover the cost of the fit note if required.

Failure to provide a fit note may mean that the absence is classed as unauthorised absence, which may result in disciplinary action being taken.

Accrual of Annual Holiday Entitlement During Sick Leave

Statutory annual leave is accrued while the employee is off work sick (no matter how long they’re off) and can be taken during sick leave.

Statutory sick pay

Employees may be entitled to Statutory Sick Pay (SSP) when you are absent from work due to sickness, provided you meet the criteria in the current SSP regulations. When you are absent for four or more consecutive days you will be paid SSP by us if you are eligible. This is treated like wages and is subject to normal deductions.

The main features of the scheme are:

• The first three days of incapacity are unpaid (called ‘waiting days’)

• SSP is paid for up to 28 weeks.

• Once SSP is exhausted, an employee normally transfers onto benefits paid directly by the Department for Work and Pensions

• If two periods of sickness are separated by less than eight weeks (56 days), then they are linked and the employee need not serve the waiting days again. Where the circumstances of your incapacity are such that you receive or are awarded any sum by way of compensation or damages in respect of the incapacity from a third party, then any payment which we may have made to you because of the absence (including SSP) shall be repaid by you to us up to an amount not exceeding the amount of the compensation or damages paid by the third party and up to, but not exceeding, any amount paid by us. Self-employed freelancers and contractors will not receive payment for any days/sessions missed.

Other Employment

If in addition to your employment at Shaper/Caper you have other employment (or self-employment) in which you intend to continue working while being absent from Shaper/Caper due to illness, you must notify the Executive Team. Confirmation from your GP may be required to confirm that continuing to work in your other job is not detrimental to your recovery.

Absence

Your attendance is important to the business and is monitored. This policy identifies points at which the Company will take action if your sickness absence reaches unacceptable levels.

1. Short-term absence

• Your Line Manager will formally review your absence record if in any three-month period there are three separate periods of absence (whether these are certificated or not), or if there is an unacceptable pattern of absence, for example, regular time off on Mondays or Fridays.

2. Long-term absence

• ‘Long term absence’ is a period of sickness, which lasts longer than two calendar weeks

• The Company takes a sympathetic view about genuine ill-health problems and will provide a supportive approach to all employees in such circumstances

• Your Line Manager will monitor your absence and will counsel you through a period of sickness absence. If, after discussion it appears that you are likely to be away from work for more than four weeks your Line Manager will telephone you every fortnight and may visit your home every month.

These arrangements may be varied by agreement. Home visits will not be made without your consent Ultimately, if absence (either short term or long term) does reach problematic levels then the Company will take action under the Capability Review Policy & Procedure (Absence). Refer to the Capability Review Policy & Procedure (Absence) in the appendices for full details.

Returning to Work

How your return to work is managed after a period of absence will depend on the length of your absence and the reason for it. In cases of short term absence, the return to work may be relatively straight forward and mainly focus on getting up to date with relevant work matters.

Managers are required to take reasonable steps to manage the workload of employees who are on sick leave to prevent the individual returning to a large backlog of work. The Executive Team may be contacted for further advice. Going back to work after a longer period of absence typically requires advance planning and, after the return, close monitoring.

Medical professionals say that sometimes, depending on the nature of an illness or injury, returning to work before full fitness can be helpful to recovery. Your doctor can give advice and support with regard to when a return to work might be appropriate.

When you return to work after a period of sickness absence you should have a discussion with your line manager. The purpose of this is to consider your wellbeing in light of your absence and to update you on any relevant work matters. It also provides an opportunity to identify any underlying issues or concerns at an early stage and, hopefully, resolve them. The discussion should focus on the following points:

• The reason for your absence

• Care and concern regarding your well being

• Ensuring you have not returned to work too early

• Updating you on any work-related matters

• If appropriate, identifying any underlying reasons for absence and ensuring that suitable assistance and support is given where possible

• Assisting in the monitoring and review of your sickness record and identifying any patterns that may be emerging details of the meeting should be recorded (Appendix 3) and forwarded by the line manager to the Executive Team. Information discussed at the return-to-work meeting is contained within the self- certification form, which must be returned.

Guidance and Support

If a line manager considers that there may be a cause for concern regarding an employee’s attendance record, they should discuss this matter further with the Executive Team. The Executive Team will advise on arranging a guidance and support meeting with the employee, in which the frequency, reasons and amount of absence may be discussed. The employee should be invited to attend this meeting and be given the opportunity to bring someone along with them, i.e. a work colleague. A guidance and support meeting may be arranged due to an employee’s absence record reaching a trigger point or because there is a cause for concern about the absence(s) or reasons for it. During the meeting the following points should be covered:

• The attendance record and reasons for absence

• The reasons for concern

• Any underlying factors or mitigating circumstances such as personal or work related problems which may be addressed

• An action plan, to manage the situation in the future

• Any requirement for professional medical involvement, such as Occupational Health

Managing Attendance

While absences, and the reasons for them, are considered on a case-by-case basis, there are some trigger points at which a guidance and support meeting normally takes place.

The trigger points are:

• 5 separate periods of absence, occurring within a 12-month rolling year

• 1 continuous absence, lasting one month or more

• A Bradford Factor* of 100 or more

*The Bradford Factor is a widely used measure of sickness absence and is calculated at follows: Bradford Factor = no. of days’ sickness absence in past 12 months x no. of episodes

Pattern of Absences

Sometimes a pattern to an employee’s absences emerges, for example they tend to be absent on a particular day of the week or time of the year. Similarly, a number of absences may occur for the same or related reasons due to a particular health, or other, problem. Identifying and discussing patterns can sometimes be helpful identifying the root cause of absence and addressing attendance issues.

Record Keeping

Accurate records are not only mandatory for the purposes of sick pay but are essential for monitoring sickness absence. Records must be completed for every member of staff by the Executive Team. Such records should show dates of an employee’s absence and reason for absence. The line manager must forward all self-certification forms and any details of return to work discussions held with the employee to the Executive Team. The Executive Team will log all absences in the Absence Management Record. This procedure ensures we can monitor staff absence levels. It should be noted that all such information is confidential and handled in line with our General Data Protection Regulations Policy.

Unsatisfactory Attendance

Sometimes an employee’s absence from work inhibits their ability to carry out their role satisfactorily. This is usually due to either frequent spells of short term absence or a long-term absence. In such circumstances the Capability Review Policy & Procedure (Absence) is used. Refer to Appendix 5.

General Conditions

1. Submission of a medical certificate or Sickness Self-Certification Absence Form, although giving us the reason for your absence, may not always be regarded by us as sufficient justification for accepting your absence. Sickness is just one of a number of reasons for absence and although it is understandable that if you are sick you may need time off, continual or repeated absence through sickness may not be acceptable to us.

2. In deciding whether your absence is acceptable or not we will take into account the reasons and extent of all your absences, including any

absence caused by sickness. We cannot operate with an excessive level absence as all absence, for whatever reason, reduces our efficiency.

3. We will take a serious view if you take sickness/injury leave that is not genuine, and it will result in disciplinary action being taken.

4. If we consider it necessary, we may ask your permission to contact your doctor or for you to be independently medically examined.

5. Employees should not participate in any other work or projects, whether paid or unpaid, during sick leave unless they have received written authorisation from their line manager.

6. Staff members should put on their out of office message so that clients are aware of the situation in case they have an urgent request and can be redirected to someone else in the team.

7. Line managers will send out a Self-Certification Form to the staff member. These Self- Certifications must be completed by the staff member upon return to work and must be returned to your Line Manager by the end of your first day back at work. Line Managers will then store this form in the staff members personnel file and forward a copy of this form to the Executive Team.

8. You should avoid contacting staff members via their mobile phone when they are ill so that they can recover. The only exception to this would be an emergency.

Attending Work While on Sick Leave

If you wish to attend Shaper/Caper or other work-related activity outside Shaper/Caper (for example a meeting or CPD event) while on sick leave, you should contact your line manager or the Executive Team in advance to discuss this and make arrangements as appropriate.

Other Absences

Time off to deal with emergencies

You are entitled to take a reasonable amount of unpaid time off during working hours to take action, which is necessary to provide help to your dependants, for example, if a dependant falls ill or is injured, if care arrangements break down, or to attend a funeral. Should this be necessary, you should discuss your situation with your line manager. As a guideline Shaper/Caper would not expect to grant leave more than 2-3 emergency requests for any individual staff member in any rolling 12-month period. In the first instance, you should call the Executive Director on their mobile phone to discuss your needs as soon as possible. Once discussed, this should be followed up with a short-term leave of absence request via the BreatheHR app. The Executive Team will consider all such requests whilst taking into account current pressures and resources, and also the amount of outstanding holiday that you have left.

Extreme weather

In the event of extreme weather conditions, for example snowfall, you are required to follow the Sickness & Absence Management Policy Procedures. If an individual cannot get into work by their normal method of transport, they should consider alternatives; for example, car sharing, trains, buses, etc. If individuals find it impossible to attend work or transfer to alternative tasks such as admin work, they should consider and agree with their Manager:

• Taking a day’s holiday

• Taking a day’s unpaid leave

• Rearranging the hours and making them up at another time

Court attendance and Jury service

You must notify your manager as soon as possible after receiving the summons. You’ll be given reasonable paid time off if you’re required to attend a court or tribunal as a witness or juror. You must claim allowances/expenses from the court to which staff are entitled to under the Jurors Allowances Regulations. The court will issue you with a Certificate of Loss of Earnings. You must give this to the Executive Director. You will then receive full basic pay for your jury service. You must advise the Executive Director of payment received by submitting a copy of summons detailing payment; any allowances/expenses paid will be deducted from your pay. If the court is adjourned, you must return to work on those days. If you are attending court as a result of a personal case, you have instigated you will be expected to use holiday leave for this time. If you are attending court to support a Company-related case, you will be paid.

Fertility treatment

Employees wishing to take time off to attend fertility treatment appointments should use their holiday entitlement.

Elective surgery

Elective surgery is surgery not considered to be medically necessary e.g. cosmetic surgery, laser eye treatment or vasectomies. Employees wishing to undergo such treatment should use their holiday entitlement. Any additional unpaid leave is at the discretion of the Line Manager and will be subject to the needs of the business.

Unexpected Outcomes

In the event that the outcome of the elective surgery is unexpected, and the employee suffers injury or illness, following receipt of the relevant medical certificate, the sick pay policy will apply for the relevant period.

Public/Volunteering duties

You are entitled to time off with pay for public duties as set out under statute; for example, local authority councillors. Additionally, where you are undertaking voluntary work (such as board membership) reasonable time off to attend will be considered as long as this is compatible with your workload. If you are considering taking on voluntary or other work that will require you to take time off from your normal working hours then you should seek the permission of your manager prior to any commitment being made.

Bereavement Leave

Individuals’ reactions to bereavement and serious illness vary greatly and the setting of fixed rules for time off is therefore inappropriate. You should discuss your circumstances with your Line Manager and agree appropriate time off. Any payments made at this time are at the discretion of the Executive Team. Payment will only be made on the death of a close relative and will not exceed five days paid leave. All circumstances will be heard on a case-by-case basis. A Short Term Leave of Absence Form (Appendix 4) must be completed.

Time Off for Appointments

You must make every effort to arrange any medical appointments outside of your normal working hours. If this is not possible, time off required for these purposes may be granted at the discretion of the Executive Team and will either be without pay or with the expectation that you will make up the hours. You should try to arrange the appointment at a time that can be as convenient as possible to your work for Shaper/Caper. In the first instance, you should call the Executive Director on their mobile phone to discuss your needs as soon as possible. Once discussed, this should be followed up with a short-term leave of absence request via the BreatheHR app. The Executive Team will consider all such requests whilst taking into account current pressures and resources, and also the amount of outstanding holiday that you have left.

Group and Individual Counselling

We firmly believe in fostering a positive workplace so as part of your role at Shaper/Caper, we provide an individual and group counselling service. All sessions are confidential, and the counsellor does not pass on any information from individual sessions to the Executive Team. They are there for you to use however they might help you - you can use the sessions to talk about both your professional and personal life if you wish. All employees are expected to take part in both individual and group sessions. Individual sessions should be booked at a time where you have free space in your diary and should not cause any project or meeting to have to be rearranged or covered by another member of staff as a result. The Executive Team may ask you to move your individual session to another time if required. You should mark when you are having an individual session on your calendar.

Safeguards

Use of Email

You are encouraged to use email and the Internet at work as a fast and reliable method of communication with significant advantages for business. However, you need to be careful not to expose either yourself or Shaper/Caper to certain risks and offences that the misuse of these facilities can cause. Staff must ensure that they:

• comply with current legislation;

• use email and phones in an acceptable way; and

• do not create unnecessary business risk to the company by

The following behaviour by staff is considered unacceptable:

• use of company communications systems to set up personal businesses or send chain letters;

• forwarding of company confidential messages to external locations;

• unwarranted and excessive use in work time for personal communications;

• distributing, disseminating or storing images, text or materials that might be considered indecent, pornographic, inappropriate, conflicting, obscene or illegal;

• distributing, disseminating or storing images, text or materials that might be considered discriminatory, offensive or abusive, in that the context is a personal attack, sexist or racist, or might be considered as harassment;

• sending emails that are defamatory and/or knowingly make false statements about Shaper/Caper, your colleagues and/or our customers;

• accessing copyrighted information in a way that violates the copyright;

• breaking into the company’s or another organisation’s system or unauthorised use of a password/mailbox;

• broadcasting unsolicited personal views on social, political, religious or other non-business related matters; this includes Facebook, Twitter and other such social media websites. Staff should always remember that once a message or photo is published on these sites it is in the public domain and cannot be retrieved.

• transmitting unsolicited commercial or advertising material;

• undertaking deliberate activities that waste staff effort or networked resources; and

• introducing any form of computer virus or malware into the corporate network.

Use of Computer Equipment

In order to control the use of Shaper/Caper’s computer equipment and reduce the risk of contamination the following will apply:

• The introduction of new software must first be checked and authorised by the Artistic Director before general use will be permitted.

• Only authorised staff should have access to Shaper/Caper’s computer equipment.

• Only authorised software may be used on any of the Company’s computer equipment.

• Only software that is used for business applications may be used.

• No software may be brought onto or taken from the Company without prior authorisation.

• Unauthorised tampering with the computer equipment will result in disciplinary action.

• Unauthorised copying and/or removal of computer equipment/software will result in disciplinary action, such actions could lead to dismissal.

• Computer equipment, including laptops, should not be used for personal use. It is forbidden to install any other programs to a Company computer without the written permission of your Line Manager. These forbidden programs include, but are not limited to, unlicensed software, pirated music, and pornography. The copying of programs installed on the Company computers is not allowed unless you are specifically directed to do so in writing by your Line Manager.

• If you are provided with a company MacBook and/or iPad, you must log any changes to log in passwords or security codes on the ‘Device Log Ins’ document stored in the Core Team document library in Teams/OneDrive/Sharepoint.

• If you are provided with a company MacBook and/or iPad, you must ensure the ‘Find My’ functionality is enabled. This is to ensure that in the event of an emergency, or should the device be lost or stolen we can always find it and remotely wipe all data from the device. This function will never be used to track your whereabouts.

We trust staff to send occasional personal emails from their Shaper/Caper mailbox as long as such personal use;

• does not interfere with their work commitments as the volume of these activities is minimal; or

• the content is not unacceptable as set out above.

Telephone Calls/Mobile Phones

Similarly, we are willing to allow staff at work to take and receive occasional personal phone calls or other communications on Shaper/Caper phones as long as such personal use;

• is for short communications; and

• if resulting in significant cost (e.g. high-tariff numbers or overseas calls) then Shaper/Caper will be reimbursed.

Use of personal phones or other forms of mobile communication by staff when at work should be restricted to urgent communication and be kept as brief as possible if not within lunch breaks. Shaper/Caper will not accept personal phone use that;

• is frequent – including regular checking for personal emails or other communications;

• Is used to frequently to access social media etc.

• disturbs other staff; or

• is unacceptable behaviour (see above).

Internet Policy

Use of the internet by staff of Shaper/Caper is permitted where such use supports the goals and objectives of the business.

However, staff must ensure that they:

• comply with current legislation;

• use the internet in an acceptable way; and

• do not create unnecessary business risk to the company by their misuse of the internet

In particular, the following is deemed unacceptable use or behaviour by staff:

• Visiting internet sites that contain obscene, hateful, pornographic, inappropriate or otherwise illegal material.

• Using the computer to perpetrate any form of fraud, or software, film or music piracy.

• Causing to bring viruses, trojans or other damaging software into the systems of Shaper/Caper.

• Using the internet to send offensive or harassing material to other users.

• Downloading commercial software or any copyrighted materials belonging to third parties, unless this download is covered or permitted under a commercial agreement or other such licence.

• Hacking into unauthorised areas that you do not have permission (either explicitly or implied) to access

• Publishing defamatory and/or knowingly false material about Shaper/Caper, your colleagues and/or our customers on social networking sites, ‘blogs’ (online journals), ‘wikis’ and any online publishing format.

• Revealing confidential information about Shaper/Caper in a personal online posting, upload or transmission - including financial information and information relating to our customers, business plans, policies, staff and/or internal discussions.

• You must not ‘friend’ a young person under 18 that you come into contact with through our activities on social media – please refer to our Social Networking Policy

• Undertaking deliberate activities that waste staff effort or networked resources.

Any member of staff who is thought to be in breach of this trust may have their personal use curtailed or in the event of unacceptable behaviour face disciplinary procedure.

Monitoring

The company maintains the right to examine any systems and inspect any data recorded in those systems. In order to ensure compliance with this policy, the company also reserves the right to use monitoring software in order to check upon the use and content of emails or the volume of internet and network traffic, together with the internet sites visited. Such monitoring is for legitimate purposes only and will be undertaken in accordance with a procedure to ensure that the above policy is being adhered to.

Sanctions

Where it is believed that a member of staff has failed to comply with this policy, they will face the company’s disciplinary procedure. If the member of staff is found to have breached the policy, they will face a disciplinary penalty up to and including to dismissal. The actual penalty applied will depend on factors such as the seriousness of the breach and the member of staff’s disciplinary record.

Agreement

All company staff, contractors or temporary staff who have been granted the right to use the company’s internet access are required to confirm that they understand and accept this policy.

Use of Equipment and Company Property

Shaper/Caper will provide you with the necessary equipment to do your job. This equipment may be used for personal use providing this is kept to a minimum and does not intrude on your work. Excessive and/or inappropriate use will result in disciplinary action. If you are provided with computing equipment, mobile devices and/or tablets, you will be expected to sign documentation to acknowledge receipt and accept responsibility for ensuring it is looked after appropriately. By signing this agreement, you agree to return the equipment should you decide to leave the company of if your contract is terminated. Any property belonging to us must be returned to your manager before you leave. This includes files, credit cards, passwords, keys, mobile phones, bank cards, cheque books, mobile phones, tablet devices, uniforms or laptops. Failure to return these items will result in the withholding of final payments to you. Mobile phones and devices are provided for business use where your job requires it. All mobile device usage must be allocated as ‘Business’ or ‘Personal’ using an Expenses Form, and costs of Personal usage will be deducted from your salary. Company mobile phone users must never use their mobile device while driving. Note: a person is ‘driving’ if the engine of the vehicle is running.

Workplace monitoring and monitoring of communications

Shaper/Caper reserves the right to monitor all communications to establish facts which are relevant to the business; to check that procedures are being followed; to check standards; prevent or detect crime; to find important or urgent information if the member of staff is absent from work in order that operations may continue efficiently; to check for unauthorised use of telecommunications systems; to make sure electronic systems are operating effectively. This monitoring may include opening your emails or mail.

Return of Company items and property

You agree that you shall, whenever requested by Shaper/Caper, and in any event on the termination of your employment, promptly return to Shaper/ Caper all property and items belonging to Shaper/Caper in your possession, custody or control. These should be returned on or before your last day with the company. You acknowledge and agree that, on termination of your employment, you shall not be entitled to retain and shall not retain any property.

Employees Property

We do not accept liability for any loss of, or damage to, property or personal items that you bring onto the premises. You are requested not to bring personal items of value onto the premises and, in particular, not to leave any items overnight.

Standards

Conduct and Behaviour

It is important that Shaper/Caper is recognised for its professionalism and high standard of work and conduct, therefore it is imperative that you conduct yourself in a professional manner when working with the Company. This is particularly important when members of the public engage with us be it through a workshop, performance, meeting or viewing a rehearsal. Please ensure your language is polite and courteous at all times and refrain from offensive and/or aggressive language & behaviour whether in earshot or not. Where a Manager is unhappy with either the conduct or the performance of an Employee, they will initially discuss their concerns with the Employee on an informal basis.

A meeting will be held with the Employee to guide and support the Employee, as well as to help them address the problem and perform to a standard acceptable to management. For this reason, the Manager will take notes during the meeting and then decide what action should result from the meeting. The Employee will be requested to sign the notes. Only the Manager and Employee should attend this meeting. There will be no entitlement to be accompanied. If the employee’s performance does not improve, action will be taken under the Capability Review Policy & Procedure. Please refer to the Capability Review Policy & Procedure (Performance) in the appendices.

Representing Shaper/Caper

We recognise the importance of work life balance. Whilst we do not intend to restrict outside activities, it is important to remember that activities whether during or outside of working hours which result adverse publicity to the Company, or which cause us to lose faith in your integrity, may give us grounds for your dismissal.

When attending any work-related social function, an appropriate standard of conduct is expected from all employees. This includes but is not limited to any Christmas events, lunches, dinners, nights out, or other social events with suppliers, project partners, venues, etc.

Work-related social functions can be a great opportunity to celebrate and get to know your colleagues better. However, it is important to remember that our policies on Dignity at Work, and Equality, Diversity & Inclusion apply fully at these events. You should always uphold the values of Shaper/Caper.

Lateness, Absenteeism and Timekeeping

You must attend for work punctually at the specified time and you are required to comply strictly with any time recording procedures relating to your area of work. All absences must be notified in accordance with the sickness reporting procedures laid down in this Company Handbook. If you arrive for work more than one hour late without having previously notified us, other arrangements may have been made to cover your duties and you may be sent off the premises for the remainder of the day without pay. Lateness or absence may result in disciplinary action and/or loss of appropriate payment. If attending a meeting on behalf of the Company, please ensure you arrive at least five minutes before the meeting is due to begin. When delivering workshops and classes, please arrive in good time for workshops and classes to allow set up and preparation. Please inform the Creative Engagement Manager/or the relevant person at workshop venues if you leave workshop venue during working hours. This will enable Shaper/Caper or workshop venues to ensure that employees can be located in the event of an emergency.

Statements to the media

Any statements to the press or media in relation to our business may only be given by the Executive Team or Board, or delegated to the Marketing & Digital Content Officer regarding projects.

Fraud

Every employee has a responsibility to protect customers and the company against fraud. Internal fraud is defined as fraud committed by, or with the assistance of, any member of our staff (permanent, temporary or contractor). This normally involves, but is not limited to, disclosure or theft of data, theft from Company, client, customer or colleague, manipulation of bonus/reward schemes, facilitating fraudulent transactions, unauthorised modification of customer data and fraudulent expense claims.

All employees, where required, must assist with any fraud investigation and any employees guilty of fraud will be subject to disciplinary proceedings and criminal prosecution.

An employee who is under investigation for committing or assisting in a fraud may be suspended, pending the outcome of the investigation. Our Disciplinary policy will be followed in all such cases.

Competing with Shaper/Caper

You should not, directly or indirectly, engage in, or have any interest, in any other business enterprise which interferes or is likely to interfere with your independent exercise of judgement in Shaper/Caper’s best interests. Generally, a conflict of interest exists when an employee is involved in an activity:

• Which provides services directly to Shaper/Caper.

• Which subjects the employee to unreasonable time demands that prevent the employee from devoting proper attention to their responsibilities to Shaper/Caper.

• Which is so operated that the employee’s involvement with the outside business activity will reflect adversely on Shaper/Caper.

Should you be in doubt as to whether an activity involves a conflict, you should discuss the situation with your manger.

Benefits

Shaper/Caper are pleased to offer the following benefits:

1. Free classes and workshops to you and your immediate family. We define immediate family as partners/spouse, children, parents and siblings. Priority must be given to paying customers and access to classes will only be given should there be available spaces.

2. You have free access to Village Hall for 5 members of your family, for the duration of your employment.

3. You are entitled to 2 free tickets to each of our productions per tour.

4. Access to free group and individual counselling monthly sessions as part of our Health & Wellbeing commitment to our staff.

TOIL (Time Off in Lieu) Policy & Procedure

On occasions, the hours worked by employees may exceed their contracted hours. This may be due to: evening productions and events, weekend work, or there may be an occasional unplanned yet urgent need to extend the working day. On these occasions, our TOIL procedure comes into effect. Extra time of up to half an hour on any day will not normally be considered as TOIL.

Shaper/Caper do not pay overtime. However, the needs of the organisation will sometimes require flexibility and staff will occasionally need to work over their contracted hours for a particular incidence, for example: whilst facilitating an evening or weekend event on behalf of the organisation. Staff are therefore permitted to ‘take back’ overtime as a time off in lieu (TOIL) instead of being paid. All TOIL must be approved.

A regular need to work in excess of your contracted hours will require the manager to review the post and work with the staff member to address the situation.

General Principles:

• TOIL will be calculated based on timesheet recordings entered on the TOIL system. Staff are responsible for ensuring they keep their TOIL up-to-date at all times. Failure to maintain this may result in TOIL calculations being inaccurate and accrued TOIL being removed.

• All staff are encouraged to manage their time effectively in order to be available for work during the core hours (8.30am – 5.30pm) and to eliminate the need to work more than their contracted hours.

• TOIL can only be accrued if the job or organisation necessitates a member of staff to work more hours than they are contracted to in order to fulfil the aims of their role, the project or organisation.

• All TOIL must be approved, in advance, by your manager and once approved must be recorded on your TOIL record and calendars.

• No more than 2 days’ worth of TOIL should be accumulated without exceptional reason.

• TOIL should be taken as soon as possible after the event i.e. if a staff member works late one evening they should endeavour to work fewer hours the next day or at the earliest possible opportunity. In most instances this should always be within 4 weeks of the TOIL being accrued.

• TOIL may be removed (forfeit) if not taken within the four-week time frame and if the staff member has not made a reasonable effort to take the accrued TOIL.

Responsibilities:

It is the responsibility of all staff to manage their own TOIL. It is the responsibility of managers to monitor TOIL balances on a monthly basis and work with staff to maintain reasonable TOIL balances at all times. The Executive Director will review TOIL balances on a regular basis and will highlight any concerns with the relevant employee.

Confidentiality

You may, in properly carrying out your duties, have access to, or come into contact with, information of a confidential nature. Your terms and conditions provide that except in the proper performance of their duties, you are forbidden from disclosing or making use of, in any form whatsoever, such confidential information. Employees with access to sensitive information pertaining to financial areas of the Company’s work or personal information concerning other employees are required to sign a confidentiality agreement.

Dress Code and Appearance

You are expected to maintain a high standard of personal hygiene, appearance and dress appropriate to your job responsibilities:

Office days and meetings:

All Core Team members are required to dress in smart manner when representing the Company at meetings (whether face-to-face or through a digital platform) and in a smart casual manner on office days and Team Days.

When delivering workshops and classes:

All staff delivering workshops and classes as part of the Creative Engagement team should wear their Shaper/Caper branded T-Shirt or jumper with tracksuit/jogging/exercise trousers during all sessions taught for the Company. Do not wear T-shirts or clothing advertising other companies or schools. Do not wear revealing outfits that may be considered inappropriate.

Client Fees

You must not accept directly or indirectly any payment with regard to fees from clients with any actual or prospective business relationship with Shaper/ Caper. All fees from Clients must be made directly to Shaper/Caper.

Environmental Awareness

Shaper/Caper is committed to minimising the environmental impact of its operations through:

• encouraging better environmental management;

• fostering environmental awareness amongst all staff; and

• encouraging individual responsibility in contributing to an improvement in environmental quality.

In making better use of resources, reducing waste and energy consumption, we not only contribute to a better environment but can make substantial savings on costs too.

• Energy

Promote energy conservation and more efficient energy management. Switch off lights and electrical equipment when not in use.

•

Materials

We are a paperless office. A printer is available at the office, but it should only be used when a hard copy is essential – think digital first. Reduce the consumption of materials wherever possible and aim to digitalise and recycle as much as possible. Take care not to over-order supplies.

•

Waste

Reduce, re-use and recycle waste wherever possible and dispose of waste by approved methods.

•

Sustainable Products & Services

Where possible, give preference to re-used, re-cycled and recyclable materials and include environmental considerations in the design criteria for projects, materials, packaging and services.

• Transport

Reduce travel wherever possible. Promote walking as the first mode of transport followed by public transport.

• Catering

Consider the environment when making catering choices.

Monitor energy use, travel, waste etc. to assist in the minimising of Shaper/Caper’s carbon footprint and to help tackle Climate Change.

Wastage

We maintain a policy of ‘minimum waste’, which is essential to the cost-effective and efficient running of all our operations. You are able to promote this policy by taking extra care during your normal duties by avoiding unnecessary or extravagant use of services, time, energy, etc. The following points are illustrations of this:

• Handle machines, equipment and stock with care

• Only use Company stationary when needed.

• Ask for other work if your job has come to a standstill.

• Start with minimum of delay after arriving for work and after breaks. The following provision is an express written term of your contract of employment/engagement:

• Any damage to equipment, stock or property that is the result of your carelessness, negligence, or deliberate vandalism will render you liable to pay the full or part of the cost of repair or replacement.

• Any loss to us that is the result of your failure to observe rules, procedures or instruction, or is as a result of your negligent behaviour or your unsatisfactory standards of work will render you liable to reimburse to us the full or part of the cost of the loss.

• In the event of failure to pay, we have the contractual right to deduct such costs from your pay.

Office Etiquette

Desks

All workstations are ‘hot desk’ in nature so please do not leave items long term on desks etc. Please use storage units provided for anything you would like to keep in the office.

Mail

All mail received by us will be opened, including that addressed to employees. If this is an issue for staff members, then they should refrain from having private mail delivered to our business address. This allows us to carry out our day-to-day duties and ensure all Company correspondence is received. No private mail may be posted at our expense except in those cases where a formal re- charge arrangement has been made.

Food

Don’t leave food to go out of date in the fridge and please be mindful when putting things in there to leave space for others to use too. Always wash dishes and cutlery as quickly as possible, ensuring all dishes are put away by the end of the day. Please do not leave them on desks or in the sink no matter how short a timeframe.

Supplies

We have a reordering system in Teams to order milk, tea bags, office supplies, cleaning products etc. It’s in Core Teams in the Office channel. Click on the Orders tab too each separate list. You can also view this in Planner. All items are already ticked by default so to reorder, simply click on the list then untick/uncheck the item required in the checklist by clicking on it and it will appear ready to be reordered. Once ordered, please check/tick off the item again.

Locking Up

If you are the last one to leave the office, please ensure that all lights are off and the blinds are down and closed. Please ensure the latch is on, on the office door and ensure the office is ‘locked’.

Infection Control

As a small team, it’s important to ensure that we don’t pass on germs on surfaces etc. Please ensure you do not place used tissues etc on working surfaces and do not place in the office bins. Please flush these down the toilet or store in your pockets. Please also cough or sneeze into your elbow to ensure hands are not contaminated when sneezing/coughing which can be easily spread to surfaces etc.

Plants

Please ensure that all plants are watered. There are care instructions in Yolanda’s desk drawer. The two plants in the grey concrete need to be moist and not stand in water.

Bins & Recycling

Yellow bin is general waste and the black bin is for recycling. Please ensure the bins are emptied at the end of each week. The coffee pods we have can be recycled! They need to be kept in recycling bags are sent via CollectPlus service at newsagents. Nearest one by the office in Stobswell. The Costa pods can be returned to Costa shops.

Cleaning

We do not have a cleaner servicing our office so please play your part in keeping the office clean and tidy and regularly contribute towards the cleaning.

• We have a small Goblin vacuum marked ‘Shaper/Caper’ in our storage unit or under the desks.

• All cleaning items are stored under the sink. We have polish and a duster for all working surfaces including desks, office chairs and storage cabinets. There is bleach and surface sprays for the kitchen and sink area.

• The towels require washing once a week/fortnight.

Housekeeping

Please ensure you hang up your jackets on the coat rack. Please store all bags under desks during the workday so they are out sight to keep the office clutter free due to the small space. Please do not hang coats on chairs or leave bags at feet. Both from the point of view of safety and of appearance, work areas must be kept clean and tidy at all times. It is your responsibility to clear up after yourself; this includes working in studios as well as at your desk. Please ensure personal mobile telephones are set to silent or vibrate mode for the sake of colleagues nearby. No music should be played, unless agreed with others, to allow other staff members to concentrate on their work.

TV

Please note, live TV and BBC iPlayer should not be watched on the TV due to TV licensing. However, Netflix etc can be used.

Lighting

The lighting is controlled via Alexa. Three lighting states are programmed. At the end of the working day, just say ‘Alexa, lights off’. Do not switch lights off at the switches or wall sockets.

Heating & Cooling

The radiator is controlled on the wall at the valve. If it is still too cold, there is an electric heater in the storage unit that can be used. Please ensure this is switched off when leaving the office. There is a fan in the storage unit when the office is too hot.

Meetings

Staff may join team meetings remotely when agreed in advance with their line manager. For safety, please ensure you are not driving when attending the meeting. Please pull over, park and turn off your engine so you can fully participate in the meeting safely.

Leaving the Company

Notice

If you decide to leave us, you need to give your manager your resignation in writing, detailing the appropriate amount of contractual notice (as contained in your Statement of Main Terms and Conditions of Employment). Similarly, if we terminate your employment for any reason, this will also be confirmed in writing. It is important that your working relationship with us continues as normal during this period to ensure an effective handover of your role. You will normally be required to work your full notice period.

However, once either party has given notice, the Company reserves the right at its absolute discretion to exclude you from certain work and places of work. You may also be asked to carry out duties that are different from your normal duties. Holiday requests made during notice periods will be considered in line with operational requirements. Any outstanding holiday entitlement on leaving will be paid along with your final salary, or a deduction will be made if you have taken more holidays than you have accrued at this date.

The Company also reserves the right at its absolute discretion to pay your basic salary in lieu of notice or place you on garden leave at any time during your notice period.

Garden Leave

Shaper/Caper reserves the right, at its sole discretion, to require employees not to attend their place of work or to perform any duties or to perform reduced or alternative duties at any time during the employment, including but not limited to, at any time after notice to terminate the employment has been served by either party.

In these circumstances, the employee’s contract will continue in force until the end of the notice period and the employee will continue to receive full pay and benefits in the normal way. The employee will also remain bound by all the obligations and restrictions set out in the contract of employment, except the duty to attend work or to perform duties or certain duties as the case may be. The employee must remain available to be contacted by Shaper/ Caper.

Under these circumstances, the employee is not permitted to take up employment elsewhere during the notice period. During any period of Garden Leave, Shaper/Caper will be under no obligation to provide any work to the employee or vest any powers in the employee. If you are placed on garden leave, you will not be able to contact any of our customers, clients or business contacts during this time.

Post Termination Restrictions

You hereby undertake that you will not during a period of 12 months immediately following the termination date, however this is caused, without the prior written consent of Shaper/Caper whether by yourself, through your employees, or agents or otherwise whatsoever and whether on your own behalf or on behalf of any other person, corporation, company or other organisation, directly or indirectly:

1. Solicit business from, or canvass, any Client of Shaper/Caper if such solicitations or canvassing is in respect of Restricted Services

2. Supply Restricted Services to any Client of Shaper/Caper

3. Solicit or induce, or endeavour to solicit or induce, any person who is, on the termination date, employed by Shaper/Caper, to cease working for or providing services to the Company, whether or not any such person would thereby commit a breach of contract

4. Employ, or otherwise engage in, the supply of Restricted Service to any Client or any person who is on the termination date or was during the 12 months preceding the termination date, employed by Shaper/Caper in any capacity.

‘Client’ shall mean any person, corporation, company or other organisation to whom or which Shaper/Caper supplied services during the 12 months preceding the termination date and with whom or which during such period, you had personal dealings in the course of your employment.

‘Restricted Services’ shall mean any services, which are the same as, or similar to any services supplied by Shaper/Caper with which your duties were concerned or for which you were responsible during the 12 months immediately preceding the termination date.

Return of Company Property

If your employment is terminated for any reason, you will need to return all company property allocated to you during the course of your employment, whether this has been as a contractual benefit or to help you do your job. All property will need to be returned on or before your last day of work. Property should be returned to your manager and could include things like uniform, mobile phone, credit and bank cards, security passes, keys, other equipment whether electronic or otherwise and any other property relating to the business or belonging to us, together with all copies of any such documents that you have in your possession or under your control.

Failure to return our property will entitle us to withhold any final payments due to you and/or deduct the cost of replacement items.

Payment of final salary

Any final payments of salary and expenses will be made to you in the normal way, less any deductions due to the company. Once all final payments have been made, you will be sent your final pay slip and relevant statutory forms such as your P45.

Any adjustment for accrued holiday which has not yet been taken, or where you have taken more holiday than you’ve accrued, will also be made or deducted within your final payment. These holiday days will be paid at your basic pay rate.

Exclusivity of Service

Requests from a member of staff to undertake external work

Introduction

When a member of staff is considering undertaking external work they need to ensure that they are doing so within the terms of their contract of employment. This will protect both the staff and the Company. This document outlines how the Company deals with exclusivity of service and the process a member of staff should follow with regard to declaring external work. The contract of employment deals with exclusivity of service and the relevant section is reproduced below, with clarifications where appropriate to reflect the specific position at this Company.

Exclusivity of Service in the Contract of Employment

Before you enter into an obligation to undertake any external work, including consultancy, you must inform the Company. Shaper/Caper will then decide (within 5 working days or whatever time period may be agreed as being reasonable in all the circumstances) if that work:

1. Interferes with the performance of your professional responsibilities

2. Competes or conflicts with the interests of the Company, in which case the Company may, at its sole discretion, require you not to undertake the work; such a requirement will not be made unreasonably, will be subject to full consultation with yourself, and if made, will be accompanied by full written reasons for it.

3. Can be undertaken as part of your post at Shaper/Caper.

Where it is intended to use the facilities of Shaper/Caper in connection with external work, prior approval is required in accordance with the procedures laid down.

Notes for Guidance

The contract of employment states that; “before you enter into an obligation to undertake any external work, including consultancy, you must inform the Company.” To “inform” the Company you must follow the process and guidance notes below in order to obtain the Company’s permission to undertake the work:

• The normal routes for undertaking external work are through Shaper Caper Ltd (the Company trading Company) as an income generating activity.

• Where a member of staff is undertaking external work through Shaper Caper Ltd as an income generating activity they must follow the agreed processes for doing this. Copies of those processes and a range of support services are available from your Line Manager.

• If you wish to undertake external work via a route other than through Shaper Caper Ltd as an income generating activity you should firstly complete the attached form and discuss it with the Executive Team.

• For the purpose of determining an application under these exclusivity guidance notes ‘the Company’ shall normally be the Executive Team, Line Manager and/or Chair of the Board.

• These guidelines also apply to “professional activities for fees where the time commitment is minor.” The Company considers activities up to 1

hour in duration as being “minor”. However, the Company recommends that you still follow these guidance notes for any proposed work you consider to be covered under this category in order to protect yourself.

• The Executive Team in consultation with your Line Manager will decide whether the proposed work interferes with the performance of your professional duties.

• The Executive Team will then decide whether the proposed work competes or conflicts with the interests of the Company. Activities, which may bring the Company into disrepute, will not be permitted. The definition of ‘disrepute’ is at the sole discretion of the Company.

• A copy of the Company’s decision will be sent to you and copied to your Line Manager, and we will monitor the application of this clause of your contract to ensure equitable treatment for all staff.

• It is envisaged that this process will take 5 working days (or whatever time period may be agreed as being reasonable in all the circumstances) from when you discuss it with the Company.

• If you are dissatisfied with the decision of the Company at this stage, you have the right to appeal to the Chair of the Board. If you are still dissatisfied following the outcome of this appeal, you may initiate a grievance in accordance with the Company’s grievance procedure. Copies of this procedure are available in this Company Handbook.

Becoming a Company Director or Trustee of external Company

If you wish to become a director or trustee of a company or external organisation you must also follow this process listed above. This would normally be welcomed.

Establishing a New Company

If you wish to set-up or be involved with a new company/entity during your contract with us, you must also follow this process.

Recognition of Existing Activities

The Company will agree to the honouring of existing commitments by staff newly joining the Company, subject to:

1. The declaration of such commitments in accordance with this procedure, prior to accepting an offer of appointment.

2. That such commitments, by their continuation, are neither prejudicial to the reputation and integrity of the Company, nor to its’ Corporate aims and objectives. Such a decision is at the discretion of the Company.

3. Such commitments not interfering with the duties by the employee to this Company.

Fractional Appointments

The Company recognises that staff engaged on fractional appointments may have other business or professional interests, but staff must be aware of the implied duty of fidelity to the Company as their employer. Fractional appointment staff must not engage in any other work which may be either in direct competition with the Company, or contrary to its objectives, or which is likely to bring the Company into disrepute.

Work Undertaken for Competitor Institutions/Organisations.

There must be a written agreement in place, under these procedures, in advance of any commitment being made when any proposal for a member of staff to undertake teaching/ learning/ consulting work for any provider of:

• Higher or Further Education, including providers of professional training leading to the examinations for membership of professional or other bodies;

• Open or distance learning materials;

• Industrial / commercial training in the public or private sector;

Failure to Comply with Exclusivity of Service

Requirements

Alleged breaches of these guidelines will be investigated under the auspices of the disciplinary procedures and could result in disciplinary action being taken.

Dismissal and Disciplinary Rules and Procedure

Shaper/Caper’s aim is to encourage improvement in individual performance and conduct. Employees are required to treat members of the public and other employees equally in accordance with the Equality, Diversity & Inclusion Policy. This Procedure sets out the action that will be taken when disciplinary rules are breached.

Principles:

1. The list of rules should not to be regarded as an exhaustive list.

2. The Procedure is designed to establish the facts quickly and to deal consistently with disciplinary issues. No disciplinary action will be taken until the matter has been fully investigated.

3. At every stage employees will have the opportunity to state their case and have a right to be accompanied by a fellow employee of their choice at the hearings.

4. When Shaper/Caper is contemplating dismissal for disciplinary or non-disciplinary grounds, statutory dispute resolution procedures will be adopted. Where the Employer is contemplating taking disciplinary action (other than a warning) statutory dispute resolution procedures will also be adopted.

5. Only the Executive Team or a member of the Board of Trustees has the right to suspend or dismiss.

6. An employee has the right to appeal against any disciplinary decision.

The Rules:

Breaches of the Employer’s disciplinary rules that can lead to disciplinary action are:

• Failure to observe a reasonable order or instruction;

• Failure to observe a health and safety requirement;

• Inadequate timekeeping;

• Absence from work without proper cause (including taking sick leave dishonestly);

• Theft or removal of the Employer’s property (including money);

• Loss, damage to or misuse of the Employer’s property through negligence or carelessness;

• Conduct detrimental to the interests of the Employer;

• Incapacity for work due to being under the influence of alcohol or illegal drugs;

• Physical assault or gross insubordination;

• Committing an act outside work or being convicted for a criminal offence which is liable adversely to affect the performance of the contract of employment and/or the relationship between the employee and the Employer;

• Failure to comply with the Employer’s Equality, Diversity & Inclusion Policy;

• Threatening or abusive behaviour to another member of staff or member of the public.

The Procedure:

1. Oral warning If conduct or performance is unsatisfactory, the employee will be given a formal oral warning, which will be recorded. The warning will be disregarded after six months’ satisfactory service.

2. Written warning If the offence is serious, if there is no improvement in standards, or if a further offence occurs, a written warning will be given which will include the reason for the warning and a note that, if there is no improvement after 12 months, a final written warning will be given.

3. Final written warning If conduct or performance is still unsatisfactory, or if a further serious offence occurs within the 12-month period, a final written warning will be given making it clear that any recurrence of the offence or other serious misconduct within a period of 12 months will result in dismissal.

4. Dismissal If there is no satisfactory improvement or if further serious misconduct occurs, the employee will be dismissed.

Gross misconduct

If, after investigation, it is confirmed that an employee has committed an offence of the following nature (the list is not exhaustive), the normal consequence will be dismissal without pay or pay in lieu of notice:

• Theft of or damage to the Employer’s property.

• Dishonesty, theft or fraud.

• Incapacity for work due to being under the influence of alcohol or illegal drugs.

• Physical assault and gross insubordination.

• Discrimination or harassment

• Falsification or unauthorised removal of company records or property

• Malicious damage

Appeals

An employee who wishes to appeal against any disciplinary decision must do so to the Executive Team within two working days. The employer will hear the appeal and decide the case as impartially as possible.

Grievance Procedure

The following Procedure shall be applied to settle all disputes or grievances concerning an employee or employees of the Employer (but excluding those relating to redundancy selection).

Principles:

1. It is the intention of both parties that employees should be encouraged to have direct contact with management to resolve their problems.

2. The Procedure for resolution of grievances and avoidance of disputes is available if the parties are unable to agree a solution to a problem.

3. Should a matter be referred to this Procedure for resolution, both parties should accept that it should be progressed as speedily as possible, with a joint commitment that every effort will be made to ensure that such a reference takes no longer than seven working days to complete.

4. Pending resolution of the grievance, the same conditions prior to its notification shall continue to apply, except in those circumstances where such a continuation would have damaging effects upon the Employer’s business.

5. It is agreed between the parties that where the grievance is of a collective nature, i.e. affecting more than one employee, it shall be referred initially to step 2 of the Procedure detailed below.

6. If the employee’s immediate supervisor/manager is the subject of the grievance and for this reason the employee does not wish the grievance to be heard by him, it shall be referred initially to step 2 of the Procedure detailed below.

The Procedure

1. Where an employee has a grievance, he shall raise the matter with his immediate line manager. If the grievance concerns the performance of a duty by the Employer in relation to an employee, the employee shall have a right to be accompanied by a fellow worker if he makes a request to be so accompanied.

2. If the matter has not been resolved at step 1, it shall be referred to a more senior manager or director and the fellow employee, if requested, shall be present. A statement summarising the main details of the grievance and the reasons for the failure to agree must be prepared and signed by both parties.

3. In the event of a failure to agree, the parties will consider whether conciliation or arbitration is appropriate. The Employer may refer the dispute to the Advisory Conciliation and Arbitration Service, whose findings may, by mutual prior agreement, be binding on both parties.