Tibbetts Group Ltd
Staff Handbook Issue 3 Date: 1 October 2009
Copyright The Copyright in this document is the property of The Tibbetts Group Ltd and is supplied by The Tibbetts Group Ltd on the express understanding that it is treated as confidential and that it may not be copied, used or disclosed to others in whole or in part for any purpose except as authorised in writing by The Tibbetts Group Ltd. Note: Any person, other than the Authorised holder, upon obtaining possession of the Document, by finding or otherwise, should forward it together with his/her name, in a sealed envelope to: The Tibbetts Group Ltd Vantage Business Park Bloxham Road Banbury Oxon OX16 9UX
This Copy has been issued to ………………………Date……….Copy No…..
CONTENTS Purpose of this staff handbook:
Section 1 Organisation: Brief history of the Tibbetts Group Ltd Products and services Company literature Performance management Site plans Telephone system Computer system How to contact us Organisational chart
9 10 10 10 11 11 11 11 12
Culture and values: Mission statement: Quality control Quick response quality control How QRQC works Look and learn cards Staff suggestion scheme Customer care policy Warranties Supplier policy
13 13 13 13 13 14 14 14 14
Section 2 Joining the organisation: Proof of right to work Probationary period Job description Mobility Job flexibility Performance and review Standards of dress Breaks 18 Housekeeping Rest rooms Lateness / Absenteeism Wages, salaries etc: Payment Overpayment Income tax and national insurance Pension Scheme Expenses
16 16 16 16 17 17 17 1718 18 18
19 19 19 19 20 2
Sickness/Injury payments and conditions: Notification of incapacity for work Evidence of Incapacity Payment Return to work General Self-Certification form Return to work form
20 20 21 21 22 23 24
Holiday entitlement: Annual holidays Conditions Public/Bank holiday
25 25 26
Training: Training Learning and development Requests for training Evaluation of training Request for learning and development form Evaluation of learning and development form
27 27 27 27 28 39
Terms, conditions and information: Change in personal details Car parking Benefits Other employment Courtesy Time off Friends and family Employee property Lost property Mail Rights of search Communication Return of company property Garden leave Access to personal files Copyright Data protection Confidentiality
30 30 30 30 30 30 31 31 31 31 31 31 31 32 32 32 32 33
Section 3 Equality policy:
Harassment and bullying policy:
Public disclosure policy:
Health and safety policy:
Stress in the workplace:
Smoking, drugs and alcohol policy:
Computer and I.T policy:
Parental rights: Maternity rights Paternity rights Adoption rights Paternity rights for adoptive parents Parental leave Flexible working Emergency time off for dependants
71 76 79 83 85 87 91
In addition to the information in this staff handbook, the following documents are held in the training room should you wish to refer to them at any time: 1.
Contract and terms of employment:
Work planning and review (WPR) guidance notes:
WPR supporting appendices: (a) Job description and annual performance objectives (b) Personal development review
ISO 9001 manual:
Health and safety manual:
Winman training notes:
Telephone system instructions:
Accident book: 4
Purpose of this staff handbook The purpose of this handbook is to ensure the effective integration of new staff, full time or part time, into the Tibbetts organisation for the benefit of both parties. It also acts as a collection of reference material about â€œhow we do things round hereâ€? for all staff. A copy of this handbook is made available to new staff joining Tibbetts Group Ltd (TGL) and to existing staff at the date of issue. If you do not have a personal copy, your Line Manager should be able to tell you where one is kept on site. This handbook is broken down into 3 distinct sections. The first section provides an overview of the Tibbetts organisation and the core values for which its stands for. The second section provides details of your contractual relationship with TGL, which together with your Contract of Employment forms your contractual terms of employment. The third and final section of this handbook does not form part of your contractual terms. However, it does contain a wide range of subjects relating to your employment including a large number of rules, policies and procedures with which you need to be aware off and with which you must comply. We will implement policies, which are fair, equitable and consistent with the skills and abilities of its employees and the needs of the Tibbetts organisation. Breach of these rules, policies and procedures may be dealt with under our Disciplinary Procedure. Regardless of whether there is a formal induction programme in operation or a less formal programme run by your Line Manager, it is important to keep a checklist of the areas of induction training received when you are new to TGL. This helps to ensure all staff receive all the information they need to work effectively and safely. A checklist is shown on the next page. As the Induction is provided, enter the date on which that training / information was received, so that you have a record for your retention. Finally, TGL would like to welcome you and express its sincere hope that you will be happy here in the team. You are asked to carefully study the contents of this handbook and once you have do so, sign and date the certification form at Appendix 1 and return it to your Line Manager.
Induction checklist Your name: ………………………………….. Date of joining: ………………………………. Use this checklist to confirm that you have read and understood the contents of this Staff Handbook by ticking off and recording the date the items were covered from the list below. If you have any queries do talk to your Line Manager Key Area
Organisation Brief History of the Tibbetts Group Ltd Products and Services Company Literature Performance Management Site Plans Telephone System Computer System Organisational Chart How To Contact Us
Culture and Values
Joining The Organisation
Wages, Salaries, etc.
Sickness/ Injury Payments and Conditions
Our Mission Quality Control Quick Response Quality Control How QRQC Works Look and Learn Cards Staff Suggestion Scheme Customer Care Policy Warranties Supplier Policy
Proof of Right To Work Probationary Period Job Description Mobility Job Flexibility Performance and Review Standards of Dress Breaks Housekeeping Rest Rooms Lateness/Absenteeism
Payment Overpayment Income Tax and National Insurance Pension Scheme Expenses
Notification of Incapacity For Work Evidence of Incapacity Payment
Return To Work General
Annual Holidays Conditions Public/Bank Holiday
Training Training Learning and Development Requests For Training Evaluation of Training
Terms, Conditions and Information
Change In Personal Details Car parking Benefits Other Employment Friends and Family Courtesy Time Off Employee Property Lost Property Mail Rights of Search Communication Return of Company Property Garden Leave Access To Personal Files Confidentiality Copyright Data Protection
Policies Equality Policy Harassment and Bullying Policy Public Disclosure Policy Health and Safety Policy Stress In The Workplace Policy Smoking, Drugs and Alcohol Policy Computer and I.T Policy Telephone Policy Vehicle Policy Disciplinary Procedure Grievance Procedure Capability Procedure Parental Rights Retirement Policy
Organisation Brief history of the Tibbetts Group Ltd: The Tibbetts Group is a major supplier of new manufactured clutch parts with a wide range that covers all the major motor manufacturers and has been trading since 1982. The company was founded by and remains owned by the Tibbetts family, the current Managing Director, Jonathan Tibbetts, being the second generation of the family. The Tibbetts Group is a trading company created in 2005. Within the Group, there are two specialist areas which were previously companies namely John Tibbetts (Europarts) (JTE) and EuroQuip Automotive (EQA). These two businesses are now dormant and both trade as TGL. John Tibbetts (Europarts) Ltd (JTE) was established in 1982 by John Tibbetts senior (the current Company Chairman). It supplies complete Clutch Kits from LUK, Valeo, Sachs, QH, Exedy, Aisin and Rymec clutch kits, dual mass flywheels and concentric slave cylinders to the automotive trade. Euroquip Automotive Ltd was created in 1984 by two parties one of which was Company Director Trisha Tibbetts. It supplies bearings of INA, SKF, NTN, NSK, Koyo, Nachi and EQA components into the automotive trade specialising to the clutch manufacturers and re-manufacturers. Our focus on quality of parts and service has enabled us to become a major distributor in the specialised areas of clutches and in the past the group also distributed Budweg Brake Calipers and related components. In 2004 the Company moved from Overthorpe to Vantage Business Park. This has enabled us to expand with a new warehouse facility of 13,000 sq. ft. and 4,000 sq. ft. of offices. The unit is a new and modern facility, which is only 10 minutes from the M40, enabling us to respond rapidly to customer needs. This sit remains the main site for TGL business. In 2009, TGL have also invested in a second warehouse which is situated in Banbury (Wildmere Industrial Estate) which comprises of a further 9,000 sq. ft. of warehouse space. Goods can be despatched and reach their destination with ease, whether it be a small 5kg parcel or a complete pallet order. The Group has enjoyed continuous growth in sales and profits over the last 10 years and has ambitious plans for further expansion. About 30 staff are employed at the time of writing.
Products and services: Products offered are still very clearly defined by the trading companies that make up the Group: · Original Clutch kits (OEC) · Generic Clutch Kits (GEN) · Dual Mass flywheels (DMF) · Concentric Slave cylinders (CSC) · Bearings (BRG) · Commercial vehicle Clutch Kits (CVC) The markets we currently supply are chiefly three, namely UK & European national automotive distributors, UK & European Clutch manufacturers and UK and European clutch re-manufacturers.
Company Literature: A copy of the company brochure can be found in the training room. A website that provides further background information is to be found at www.tibbettsgroup.co.uk
Performance management system: The Tibbetts Group has a Business Plan that is updated annually and has a five year rolling time horizon. Everyone in the Company contributes to the creation of this business plan and to the achievement of targets within. We have a number of measures of performance of the business that are called our Key Performance Indicators (KPI’s). We monitor progress against targets that are set within this plan, some annually, some monthly, and some daily depending on what is appropriate. The Management Team meets monthly to discuss progress against the plan overall and specifically against these KPI’s. All KPI’s are collated and displayed on the Business Operating Charts (BOS Charts). These BOS Charts are displayed in colour in all the relevant areas of the business (Finance, Sales, Operations, Warehouse and Warranty). All targets, figures and actions will be discussed and communicated to all employees on a monthly basis. You will contribute to the achievement of these KPI’s through your work and your line manager will discuss with you, your responsibilities and targets either as an individual or as part of a team. There is a review of progress that is conducted bi-annually with your line manager in a process called Work Planning & Review (see Work Planning & Review section for more on this topic).
Site plans: Site plans, showing the ground floor are to be found at the rear of the Health and Safety Section of this handbook. The plans highlight all important areas of the site e.g. emergency exits, exit routes, fire call points, fire extinguishers, first aid post, kitchen and toilets etc.
Telephone system: We run a digital telephone system with multiple extensions and Deck phones, including music on hold. Full training will be given to all staff by the Operations Manager and manuals are available in the training room. You should refer to the Telephone Policy for further details but should you have any queries, please communicate them to the IT manager.
Computer system: We run an IT system called SSL WinMan, the designers of which are based in Birmingham. The system is an automotive-based stock control/MRP and financial ledgers system. Full internal training will be given on areas where your job demands. A complete system manual is available in the training room. The system appears on each Desktop as "WinMan". Passwords are needed in order to access different levels of the system. You should refer to the Computer and IT Policy but should you have any queries, please communicate them to the I.T Manager.
Organisational chart: See Chart at the back of this section. The chart shows all the people in the Company. It shows who you report to (your line manager). A few staff, by virtue of the responsibilities they have, may report to more than one manager i.e. they have both line and functional managers.
How to Contact Us: Post:
The Tibbetts Group Ltd Vantage Business Park Bloxham Road Banbury Oxfordshire OX16 9UX
+44 (0) 1295 257010 +44 (0) 1295 279521
Culture and values The Tibbetts family have grown this company successfully on the strength of strong family values that extend to the workforce employed, a determination to efficiently source products and serve customers to the highest standards. We realise that to expand further we must continuously improve in all that we do.
Mission statement: Our mission is: “Our business is to provide quality clutch components and a service that aims to surpasses all expectations so that the customers will return.”
Quality control: We operate to the ISO 9001 Quality System standard, which means that our processes are documented so that everyone knows how things should be done and we are consistent in our working methods. In support of our ISO system we operate a very simple system (QRQC as outlined below), which involves all staff on a daily basis. In doing this, problems don’t linger or escalate but rather are resolved.
Quick response quality control: We use a method that enables all staff to have a daily input to resolving issues that arise during the working day, helping us to improve the quality of our operation. We call this our Quick Response Quality Control (QRQC) system. Full training on how the QRQC system operates will be given, guiding you on how to take part in this process. QRQC meetings take about 10 minutes and are held at 09.00 (admin) and 10.30 (warehouse) on a daily basis.
How QRQC works: Every time an issue occurs in the work area which stops a person performing their task efficiently, it is recorded on a flip chart. This flip chart has a series of questions on it, which prompts the person to record as much information as possible in order to find resolution to that issue. Led by a line manager, each day, all staff convene around the flip chart to discuss the issues that may be on it. Timescales and responsibilities are assigned to each issue and resolved issues are signed off.
Look and learn cards: As part of the system and the company’s approach of continual learning and development, a series of cards will be provided that help you learn new procedures. It is suggested that for your convenience you collect these cards and store them within this handbook for easy reference in future.
Staff suggestions scheme: We recognise that some of the best suggestions for improvements in the way that we operate can come from those at the â€œsharp endâ€? of the operation i.e. from those involved in the day-to-day work of the company. We value your input and have implemented a staff suggestion scheme. For good ideas that we can act on, we offer a small reward in recognition of these bright ideas.
Customer care policy: We are committed to providing a friendly and efficient service to all our customers. Our dedicated team of sales staff are fully trained to assist with any enquiry relating to a variety of services and products offered. We promise to provide our customers with a warm and enthusiastic welcome from our staff, who will take ownership of the enquiries and deal with them in a sensitive and timely manner. All matters should be treated with the utmost confidentiality and in compliance with the Data Protection Act. TGL constantly strive to improve our service and closely monitor performance against targets. We are available to customers either by telephone, face to face, letter or email.
Warranties: A formal warranty policy is under development. Refer to your line manager for current practice.
Supplier policy: A formal suppler policy is currently under development building on our current ethos that we treat suppliers in the way that we would wish to be treated ourselves.
Joining the organisation Proof of right to work: You are required to supply your national insurance number. You are also required to prove your identity and this can be done by providing your passport or driving licence. A copy of this documentation will be kept on your personnel file.
Probationary period for newly appointed employees: You join us on an initial probationary period as stated in your contract of employment. During this period your work performance and general suitability will be assessed and, if it is satisfactory, your employment will continue. However, if your work performance or conduct is not up to the required standard, or you are considered to be generally unsuitable, we may either take remedial action (which may include the extension of your probationary period) or terminate your employment at any time. We reserve the right not to apply our full contractual capability and disciplinary procedures during your probationary period.
Job description: Your normal duties may be set out in your contract of employment and/or Job description, which may from time to time be amended to meet the operational needs of the business. Any amendments made will be based on our needs and your own ability. These duties are to be for a period as determined by us and as mutually agreed between the parties concerned.
Mobility: Although you are usually employed at one particular building, it is a condition of your employment that you are prepared, whenever applicable, to transfer to any other TGL building within reasonable travelling distance. For operational reasons, you may be required to change your place of work on either a temporary, permanent or long-term basis. You will be given reasonable notice of any relocation, normally at least one month, and may be given such financial assistance as is appropriate in the circumstances. For those employees in a senior position, you may be required to travel throughout the UK as well as to Europe and the Far East. The company will endeavour to give you reasonable notice of any travel requirements. You will be entitled to reclaim reasonable expenses.
Job flexibility: It is an express condition of your employment that you are prepared, whenever necessary, to transfer to alternative departments or duties within the TGL, which you could reasonably be expected to undertake and which are within your level of skill / competency. While other colleagues are absent from work due to holidays, sickness or any other reason, it may, be necessary for you to take over some duties they normally perform. This flexibility is essential as the type and volume of work is always subject to change, and it allows the company to operate efficiently and gain maximum potential from all employees.
Performance and review: Our policy is to monitor your work performance on a continuous basis so that your strengths can be maximised and you can be helped to overcome any possible weaknesses. We will conduct a work planning and review to ensure that all individuals and team efforts towards achieving out objectives are integrated, that is, we all work effectively together. The process of WPR is designed to be two-way, in terms of communication, sharing ideas and discussing how jobs may be best achieved. Your line manager will be responsible for guiding you through this process. A copy of the guidance notes about this process will be provided to you on appointment together with supporting documentation, namely youâ€™re job description and annual performance objectives and you personal development review form. Should you lose a copy of the guidance notes, they can be found in the training room.
Standards of dress: As you are liable to come into contact with visitors and members of the public, it is important that you present a professional image with regard to appearance and standards of dress that does not diminish the reputation or integrity of the TGL. Where work wear is provided, it must be worn at all times whilst at work and laundered on a regular basis. Where no work wear is provided, you should wear clothes appropriate to your job duties and responsibilities, and they should be kept clean and tidy at all times.
Breaks: During your shift, all employees are entitled to a morning, lunch and afternoon break, which are unpaid. The timing of your breaks will be at the discretion of your line manager and the operation needs of TGL must be maintained at all times. There may be times when the needs of our business are such that you are required to work through those breaks.
Your break entitlement will commence once you are authorised to leave and you should ensure that you are back to work once your break expires. Taking extended breaks or returning from breaks late is unacceptable and may result in disciplinary action being taken.
Housekeeping: Both from the points of view of safety and of appearance, work areas must be kept clean and tidy at all times.
Rest rooms: Where rest rooms/rest areas are provided for your use, they must be kept clean and tidy at all times. Inappropriate use of the rest rooms may result in disciplinary action being taken.
Lateness / Absenteeism: You must attend for work punctually at the specified time(s) 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 outlined in this handbook. If you arrive for work more than one hour late without having previously notified your line manager in the first instance, or the lodge, if your Line Manager is unavailable, other arrangements may have been made to cover your duties and you may be sent off the premises for the remainder of the shift/day without pay. Absence and lateness levels will be continually monitored and high levels of absence may lead to disciplinary action and warnings. Each case will be assessed on its merits and within the disciplinary procedures. For example, if you have more than 3 periods of absence in a rolling 6-month period, you may face disciplinary action.
Wages, salaries, etc: Payment: Staffs are normally paid on a monthly basis in arrears. Fortnightly payments can be arranged in exceptional circumstances. However, as fortnightly payments places an additional administrative burden on the Company, it is at our discretion. For monthly paid staff, the pay month is the calendar month. Basic salaries are paid on or about the last day of the current month and will include any overtime / bonus payments up to the previous week. You will receive a payslip showing how the total amount of your pay has been calculated. It will also show the deductions which have been made and the reasons for them, e.g. income tax, national insurance, etc. If you have any queries relating to your pay, you should raise them with the Finance Department.
Overpayment: If you are overpaid for any reason, you must immediately inform your line manager and the accounts department. In the event of an overpayment 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.
Income tax and national insurance: At the end of each tax year you will be given a form P60 showing 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 if making enquiries with the Inland Revenue and other government departments, or if completing a self-assessment form.
Pension schemes: We operate an established stakeholder pension scheme, which enables you to save for your retirement using your own money, together with tax relied and investment returns. You can build up a pension fund, which you may use to buy a pension when you are older or when you choose to retire. For further details of the scheme including employer contributions, please contact the Human Resources Department.
Expenses: We will reimburse you for reasonable costs involved whilst travelling on company business, details of which will be issued separately or in your contract of employment. We shall not reimburse costs for travelling to and from work. If you are likely to use your own car for company purposes, you must advise your line manager in advance. You must also ensure that the vehicle is roadworthy and satisfies all legal and insurance requirements.
Sickness / Injury payments and conditions Notification of incapacity for work: If you are unable to come to work as a result of an illness or injury, you must notify your line manager, or if your line manager is unavailable, someone of greater seniority, no later than 10:00am on the first day of absence, or in exceptional circumstances as soon as reasonably practicable. When reporting your absence, you should give details of your name and department, reason for absence and likely return date. You should ensure that you call yourself where at all possible and not ask someone to call on your behalf. If, in exceptional circumstances, you are unable to do so, then a representative should notify us. You are required to contact us every day during the first seven days of a period of absence and thereafter, you should maintain personal weekly contract with us as to your progress and likely date of return.
Evidence of incapacity: If you are absent from work for 7 days or less, you are required to complete a Self Certification Form, which must be returned to your line manager upon your return to work. If your sickness lasts for longer than seven days, a Doctors medical certificate is required and must be forwarded to us without delay. All medical certificates must be renewed within 3 days of expiry. In the event that you have difficulty doing this, you must notify us before expiry giving details as to when a new certificate will be given. A failure to do so may result in disciplinary action.
Payments: During such periods of absences, you may be entitled to statutory sick pay (SSP) for a maximum of 28 weeks if you have been absent as a result of sickness or injury and qualify for the benefit under the current SSP regulations. If you have been absent for four or more consecutive working days, you will be paid SSP by us. The SSP will be treated like wages/salary and will be subject to the normal deductions including Income Tax and National Insurance. The first three qualifying days of absence are deemed to be waiting days for which SSP is not payable. Where a second period of incapacity of four of more consecutive working days occurs within 56 days of a previous period of sickness related illness, waiting days are not served again. If you are entitled to any payments in excess of SSP and your entitlement expires, full or part payment may be allowed at our absolute discretion where it is considered that there are special circumstances warranting it. 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 payments which we may have made to you, over and above 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. Employees aged 65 and over do not receive SSP.
Return to work: You should notify your line manager as soon as you know on which day you will be returning to work, if this differs from a date of return previously notified. If you have been suffering from an infectious or contagious disease or illness such as rubella or hepatitis, you must not report for work without clearance from your own doctor. On return to work after any period of sickness/injury absence (including absence covered by a medical certificate), you are also required to complete a self-certification absence form and hand this to your Manager / Supervisor. Upon your return to work, you may be interviewed by your line manager for the purposes of ascertaining your well-being and your overall prognosis in order to identify any problems that you may be having that we could assist with. Your line manager will complete a return to work interview with you to maintain a record of your absences. You shall notify your line manager of any medication that you are taking or any long-term problems that you are suffering from. Some medication causes drowsiness, which can be dangerous in certain circumstances. Failure to notify your line manager of any long-term problems or falsifying the extent of your illness may result in disciplinary action. 20
General: Submission of a medical certificate or sickness self-certification absence form, although giving us the reason for your absence may not always be regarded as sufficient justification for us to accept 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 and may result in disciplinary action. 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 of absence as all absences, for whatever reason, reduces TGLâ€™s efficiency. You should be aware that we will take a serious view if you take sickness/injury leave, which is not genuine, and it will result in disciplinary action being taken. We reserve the right to send a representative to your home during any period of absence in order to ascertain the extent of your illness and any assistance we can provide in helping you to return to work as soon as reasonably practicable. We will reasonably endeavour to notify you of an impending visit unless it suspects or reason to suspect abuse of our policy. If we consider it necessary, you may be asked to give your permission for us to contact your doctor directly for further information. We reserve the right to ask you to undergo a medical examination at our expense, conducted by a Doctor appointed by us, where this is felt to be necessary. Failure to co-operate will result in a decision being made based on the information available.
Self-certification form EMPLOYEE: Please complete this self-certification form and submit it to your Line Manager. This self-certification form should be completed upon your return to the office for any absence due to illness or accidental injury of one working day or more. Surname: ………………………………………………………………………...…… First name and initials: ………………………………………………………………. Position / Job title: ……………………………………………………………….…... When did you first become unfit for work? …………………………………...…… (If applicable, please include Saturdays, Sundays and Bank Holidays):
When did you inform the company That you would not be attending work? ……………………...……………….…… (Please specify time and date):
When did you return to work? ……………………………………………………… How many days did the sickness amount to including weekends? ............... I certify that I was unable to attend work for the following reason(s): (Please state any illness, symptoms or describe injury or other incapacity below)
If your absence exceeds seven days, including weekends, please ensure that you have obtained a Medical Certificate and attached it to this form before submitting it to your Line Manager. I declare that I have not worked during the period of incapacity, which I have stated above, and that the information given is completed and correct. Signatures:
Employee: ………………………… Line Manager: …………………………
Return to work interview Employee: Date: First date of absence:
Last date of absence:
Doctors Certificate: Yes / No Reason for absence:
Employee: …………………………Line Manager: …………………………
Holiday entitlement Annual holidays:
The company’s holiday year begins on 1st January and ends on 31st December each year. Your annual holiday entitlement is shown in your Contract of Employment.
Conditions: You are only allowed, in exceptional circumstances and with the prior permission of your line manager, to carry forward any non-statutory holiday entitlement, up to a maximum of three days to the following holiday year. The company regrets that any other holiday entitlement not taken by the end of the holiday year will be lost and no payment in lieu will be made. You should complete a holiday request form for all holiday requests and have it signed by your line manager before making any firm holiday arrangements. Holiday requests will only be considered if you present them on the appropriate holiday request form and we will allocate agreed holiday dates on a “first come – first served” basis to ensure that the company’s operational efficiency and minimum staffing levels are maintained throughout the year. You should normally give at least four weeks’ notice of your intention to take holidays and at least one week’s notice is required for odd single days. You may not normally take more than two working weeks consecutively, unless in exceptional circumstances and with the prior written authorisation of your line manager. Your holiday pay will be at your normal basic pay unless shown otherwise on your contract of employment. You are required to reserve at least 3 working days from your annual entitlement to take during the Christmas/New Year periods, unless your shift pattern prevents you taking these holidays and/or you have agreed alternative arrangements with your line manager. You are not normally permitted to take any annual holiday during your first three months of service with us unless it was pre-arranged and brought to the attention of your line manager prior to your date of appointment. In the event of the termination of your employment any holiday accrued but not taken will be paid for. However, in the event of your having taken holidays, which have not been accrued pro-rata, the appropriate payments will be deducted from your final wages/salary. This is an express written term of your contract of employment.
Public / Bank holidays: Your entitlement to public/bank holidays is shown in your individual contract of employment. If you are required to work on any public/bank holidays, and at the absolute discretion of the company, you may receive your normal basic pay and take an alternative day off in lieu.
Training Training: At the commencement of your employment, you will receive appropriate training for your specified job, and as your employment progresses, your skills may be extended to encompass new job activities within TGL. We will provide you will all the necessary training to enable you to perform your contractual duties, including, but not limited to, health and safety training, and equal opportunities training. You are required to attend any relevant training programmes that have been arranged by us and that take place during working hours.
Learning and development plan: The company as a whole has a learning and development plan that is created each year as part of the business planning process and a budget is set for learning and development of staff. Formally on a quarterly basis, you will have the opportunity to meet with your Line Manager to discuss your role, the tasks that are involved and any training needs that have been identified.
Requests for training: An application for training can be made on the form called “Learning and development activity: request for learning and development”. A copy of this form can be found at the back of this section, outlining the details that need to be filled in. Where the cost of an external training programme is to be charged to the learning and development budget, the booking and purchase order must be signed by your line manager.
Evaluation of training: On completion of a programme of learning and development, you will meet with your line manager and discuss how effective that training has been. An evaluation of training will take place and a record made on the form called “Evaluation of Learning and Development”. This form can be found at the back of this section.
Learning and development activity: request for learning and development Name: ………………………………………………………………………………... Activity requested: ………………………………………………………………… Activity Objectives- in order to gain full benefit from attending a training event or undertaking development activity, you should be clear about your objectives. They must be related to either job performance or planned career development (as agreed with your Line Manager). Please list the learning/ development objectives you wish to achieve from the activity ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… If you have already identified a training option please indicate: Date
Method of Delivery (Course, workshop, seminar, open learning etc)
Trainer Details (provider)
Do you require help from TGL to identify an appropriate provider? YES / NO ______________________________________________________________ Line Manager’s Approval I support this application and request a maximum of £………………… to be allocated from …………………..budget.
Evaluation of learning and development To be returned to ………………….within one week of completing the activity Name of Training………………………………..……………………………………. Date of Training ……………………………………………………..……………….. Location of Training …………………………………………………….…………… Please comment on the achievement of the objectives you identified in applying for learning and development activity. ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… Will the training you have undertaken, enable you to do a better job? YES /NO If YES, please comment how ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… If NO, please identify the areas where you would need further training. ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… ______________________________________________________________ Line Manager’s Signature
Agreed date for follow up evaluation
Terms, conditions and information Changes in personal details: You must notify your line manager and the human resources department of any change of name, address, telephone number, etc., so that accurate information can be maintained on the companyâ€™s records and contact can be made with you in the event of an emergency outside normal working hours.
Car parking: A staff car park is provided on the left hand side immediately inside the entrance to Vantage Business Park. TGL has 18 spaces marked â€œJTâ€?. You should ensure that you use these and no others. In Banbury, parking is available outside the building. A visitor car parking area is available close to the front door of the building and reception area. You should ensure that these spaces are kept clear for visitors at all times
Benefits: There are no other benefits that we offer apart from free tea and coffee at work, the use of car washing facilities, the use of computers in the training room to access emails and the internet and the use of an independence financial consultant who attends the company premises twice a year.
Other employment: If you already have any other employment or are considering any additional employment, you should notify your line manager as soon as possible so that the company can consider any implications arising from the current working time legislation. This is important information, which the company needs for tax and health and safety purposes as your employer. Failure to notify us of other employment may result in disciplinary action being invoked against you.
Courtesy: TGL ensures that the working environment is a friendly and effective place of work. As you likely to come into contact with visitors, suppliers and customers, you should maintain a high level of respect and courtesy in the workplace. A failure to observe this may result in disciplinary action.
Time off: Circumstances may arise where you need time off for medical/dental appointments, or for other reasons. Where possible, such appointments should be made outside normal working hours. If this is not possible, time off required for these purposes may be granted at the discretion of your Line Manager. You should ensure that you notify your Line Manager of any appointments as soon as possible so that we can arrange cover for your shift. You should also ensure that any appointments are made either at the start or end of your shift so as to minimise disruption. 29
Friends and family: You should note that friends and family are not allowed access to work areas unless specific authorisation has been granted by you line manager.
Employee property: We will not accept liability for any loss of, or damage to property, which you bring onto the premises. You are requested not to bring personal items of value onto the premises. You should not leave property at the company premises overnight or unattended during your shift.
Lost property: Articles of lost property should be handed to your line manager who will retain them whilst attempts are made to discover the owner. After a period of 3 months, articles will be handed to the police, should the article be of value, or destroyed if of non-value.
Mail: No private mail may be posted at the companyâ€™s expense except in those cases where a formal re-charge arrangement has been made. No private mail should be sent to the companyâ€™s address as all mail that is received by the company will be opened, including that which is sent to individuals.
Rights of search: Although the company does not have the contractual right to carry out searches of employees and their property (including vehicles) whilst they are on company premises, you are asked to assist us in this matter should it be felt that such a search is necessary. We reserve the right to call in the police at any stage.
Communication: The company will try to keep you informed about items of interest by means of ad hoc staff meetings. You are encouraged to use these, if you wish (with permission), to promote any particular item of interest or benefit to the Company and other employees.
Return of company property: On the termination of your employment, you must return all Company property that is listed on your employee equipment Log for which you have responsibility. All items should be returned within 5 working days of the termination of your employment. Failure to return such items will result in the cost of the items being deducted from any monies outstanding to you. This is an express written term of your Contract of Employment. 30
Garden Leave: Once either side has given notice of termination of employment in accordance with your contract of employment, the company may, at any time and for any period, require you to cease performing your job and/or exclude you from entering any company premises. During such period of garden leave, the company will continue to pay your salary and provide all benefits that form part of your contract of employment. Any outstanding holiday entitlement that you may have accrued up to and during a period of garden leave should be taken during the garden leave period. Agreement must be sought from the company.
Access to personal files: All members of staff are entitled to have access to certain information that is held about them by the company and any requests for such access will be dealt with promptly and in any event within 40 days of receipt of the request. Members of staff wishing to see such information should make a written request to the human resources department. An administrative charge will be made for such access.
Copyright: All written material, whether held on paper, electronically or magnetically which was made or acquired by you during the course of your employment with the company, is the companyâ€™s property and copyright. At the time of termination of your employment with the company, or at any other time upon demand, you shall return to the company and such material in your possession.
Data Protection: The Data Protection Act is primarily intended to protect individuals against possible misuse of information about the processed by computer and to reduce the threat of individual privacy presented by the widespread use of automatic data processing equipment. It is the policy of the company to ensure that all members of the company and its staff are aware of data protection requirements and their own individual responsibilities. A copy of the companyâ€™s Data Protection Policy is available in the training room.
Confidentiality: It is important that the company has written policies on confidentiality and that these are made available to all staff. Obligations of confidentiality can arise through contract or under statutory provisions e.g.: Data Protection Act 1998 or the Human Rights Act 1998. You must exercise reasonable care to keep safe all documentary or other material containing confidential information and shall at the time of termination of your employment with the company, or at any other time upon demand, return any such material in your possession to the company. You also shall not at any time, whether before or after the termination of your employment, disclose such information to any person without our written consent. Confidential information acquired by company staff during the course of their employment will primarily fall into two categories. That is, information regarding the company and personal information regarding the staff. All information that has been acquired by you during the course of your employment or has been given to you in confidence by the company, relating particularly to company business or that of other persons or bodies with whom the company has dealings of any sort and has not been made public by or with the company authority, shall be confidential. Information given in confidence by a colleague must, as a general rule, be treated in a confidential manner. This includes personal information such as physical/mental health details or financial circumstances. Except in special circumstances, confidential information should only be shared, with the consent of the colleague concerned, on a need to know basis. For example personal information regarding a disability may have to be shared to meet that colleagueâ€™s particular needs, with the colleagueâ€™s consent. The company has a duty of care to all staff to disclose any information if it is deemed there is a significant risk to the staff or general public. Even when judged necessary to break confidentiality, every effort should be made to obtain consent first and/or to explain the reasons for disclosure and to ensure only those with a need to know are informed. If you need to seek advice on whether there is a need to disclose certain information or not, it may be sensible to speak to an appropriate person, e.g. you Line Manager. Advice sought at this stage should be general and without naming the individual or breaking a confidence.
Equality Policy Equal opportunities policy statement: TGL welcomes diversity amongst its staff and visitors, recognising the particular contributions to the achievement of its business objectives that can be made by individuals from a wide range of backgrounds and experiences. In relation to staff, the policy and practice of the company requires that all staff are afforded equal opportunities within employment and that entry into employment with the company and the progression within employment will be determined only by personal merit and the application of criteria which are related to the duties of each particular post and the relevant salary structure. In all cases, ability to perform the job will be the primary consideration. Subject to statutory provisions, no applicant or member of staff will be treated less favourably than another because of his or her sex, marital status, gender reassignment, sexual orientation, racial group, ethnicity or nationality, age, religious opinion or affiliation, political opinion or affiliation, or disability. This statement applies to the selection and recruitment of staff, to their appraisal, training, promotion and development, the terms and conditions of their employment and to the arrangements for the handling of grievances, disciplinary matters and staff exits. In pursuit of this aim, the company is committed to using its best endeavours to ensure that all of its activities are governed by the principles of equality of opportunity, and that every member of staff is helped to achieve their full potential.
Roles and responsibilities: The human resources department have ultimate overall responsibility for the effective implementation and development of the Equality Opportunities Policy. The day to day operation of this policy and the development, maintenance and monitoring of supporting procedures will lie with your line manager. Every member of staff will have individual responsibility for complying with this policy. Failure to comply with the equal opportunities policy may result in disciplinary action being invoked.
Monitoring of equal opportunities policy: The company will review the equal opportunities policy annually to assess its effectiveness. The review may consist of: 路 The collection and classification of information regarding the race in terms of ethnic/national origin, the sex, age, religion, sexual orientation and disability of all current employees. 路 The examination by ethnic/national origin, sex, age and disability of the distribution of employees and the success rate of applicants. 路 Recording recruitment, training and probationary records of all employees, the decisions reached and the reasons for those decisions. The human resources department will then consider the proposed amendments and consult with different groups and interested parties within the company, with a view to amend the policy to afford greater equality of opportunities to all applicants and staff. This policy can also be found in the training room and may be amended/updated from time to time. If you feel or consider that you have been disadvantaged because of your age, race, religion, sex, sexual orientation, or disability, do not hesitate to report the matter to your line manager in order for the issue to be fully investigated and resolved. If you have a disability for the purposes of the Disability Discrimination Act 2005, you should notify your line manager so that reasonable adjustments in the workplace can be considered.
Bullying and harassment policy Bullying and harassment policy statement: Harassment and bullying on grounds of sex, race, age, disability, religion, sexual orientation, nationality or even personal characteristics, can interfere with an individual’s work performance and create a hostile work environment. Harassment and bullying may also occur between employees outside working hours, for example at work related social functions. The company recognises the problems that harassment and bullying can have upon health, confidence and morale of its staff. All employees of the company have a responsibility to understand and comply with this policy at all times. It is also the responsibility of all employees to report any harassment or bullying that they are aware of within the work place to their line manager. The company is committed to achieving and retaining a well-trained and motivated workforce, committed to fulfilling the company’s aims and objectives, and ensuring an effective promotion of equal opportunities and the prevention of discrimination in the workplace. As you are liable to come into contact with visitors and members of the public, it is essential that this policy be followed so that the company’s reputation or integrity is not diminished and that no employee feels harassed or bullied. We encourage people to come forward in complete confidence about any harassment complaints they have. Complaints will be investigated swiftly and with impartiality. In this process, all legitimate complaints will be taken seriously. The company recognises that this may not be easy and will endeavour to provide support for all those involved. To ensure that the policy is, and remains effective, the company will ensure that all employees are sufficiently trained and that there is regular monitoring of the way the policy is working. If necessary, the policy will be changed.
Legal responsibilities: Harassment based on sex, marital status, sexual orientation, genderreassignment, race, ethnic or national origin, religion or beliefs, disability or age may be in breach of equal opportunities legislation. As an employer, the company is obliged to act to prevent harassment in the workplace. Failure to do so could result in victims being able to leave and claim unlawful discrimination and/or constructive dismissal. Besides disciplinary proceedings, action can be taken against an employee found to be harassing another in the civil courts as well as the Employment Tribunal. Damages can be awarded. The Protection from Harassment Act 1997 makes it a criminal offence and a civil wrong for which compensation can be claimed for anyone to pursue a “course of conduct” which causes another person harassment, alarm or distress in circumstances where a reasonable person would feel harassed. Victimisation is also unlawful and a person should not be victimised for making complaints of discrimination, assisting others to do so or bringing proceedings under equal opportunities legislation. This also applies to those who have acted as witnesses. 36
Identifying harassment and bullying: The following are ways in which an employee can be harassed or bullied. The list is not exhaustive, and each case will be taken on its own merits. · · ·
Conduct, which is unwanted, unreasonable or offensive to the recipient. Conduct, which is aggressive, humiliating, degrading or causes mental or physical injury to the recipient. Where a person refuses to accept being a victim of harassment or bullying, and this then influences a decision, which affects that person’s access to or continuation of employment, promotion, vocational training or any other decision affecting their employment. Victimisation of or retaliation against an employee who has complained in good faith of bullying or harassment.
Employees should be aware that everyone reacts differently and what may not be offensive to one person may be offensive to another. Harassment may even be unintentional on the part of the perpetrator but may still have the effect of violating a person’s dignity. In particular, sexual attention becomes sexual harassment if it persists once it has been made clear that it is regarded by the recipient as offensive or unwelcome, although one incident alone may constitute sexual harassment if it is sufficiently serious. The following are examples of unacceptable conduct or behaviour that will amount to a breach of this policy: · Physical – Unnecessary touching; patting; pinching or pushing against; assault or coercing sexual acts. · Verbal – Advances; persistent requests to join in social activities (after it has been made clear that such requests are unwelcome) or other persistent unwelcome attention of a personal nature; offensive and suggestive remarks; threats; intimate questions; innuendoes; lewd comments; obscene jokes; foul or obscene language; inciting racial hatred; racial or sexual abuse; jokes, teasing, nicknames or insults which are gender, race or age related; and inappropriate comments about dress, appearance or physique. · Non-Verbal Conduct – Displaying suggestive or offensive pictures, objects or written materials; leering; whistling and suggestive or offensive gestures and inappropriate use of emails. Staff in supervisory or management positions must ensure that as far as they are able, they take responsibility for and act immediately if they become aware of any harassment or bullying taking place and are supportive towards any employees who complain.
What to do if you feel you are subject to harassment: If you feel that you are the victim of harassment or bullying, you are strongly encouraged to make it clear to the perpetrator that you find such conduct unwelcome or offensive. In many cases this may be sufficient to stop the harassment. Where it is not sufficient and the harassment continues or where it is difficult or inappropriate for you to raise the issue with the perpetrator (for example, where the harasser may be in a more senior position), you should contact your line manager or someone of greater seniority. If you do not wish to make a formal complaint, then the person dealing with the issue, may, if felt necessary, deal with the matter on an informal and confidential basis by speaking to the perpetrator on your behalf. Where the complaint is not resolved on an informal basis, the person dealing with the issue, if satisfied that there is a prima facie case of harassment or bullying, will arrange for the complaint to be promptly and fully investigated. As far as is reasonably practicable to conduct a fair investigation, confidentiality will be preserved. Following completion of the investigation in appropriate cases, any necessary disciplinary action will be taken. The disciplinary sanction will depend on the particular facts of each case. Serious incidents (even of a one-off nature) can constitute gross misconduct for which an employee may be summarily dismissed without pay in lieu. In appropriate cases, the company may transfer the perpetrator or the complainant to a different department, which may result in a change of responsibility and/or loss of status. In the case of a complainant transfer, this would only be with their consent.
Investigation procedure: The member of staff dealing with your concerns will meet the complainant and the investigation will begin with clarification of the complaint. The adviser will ensure that scope of the complainantâ€™s rights and those of the alleged perpetrator are understood by all parties involved. During any investigation, the company may suspend the alleged perpetrator on full pay and benefits or temporarily move them to another department. Suspension during an investigation is a precautionary measure and should not be considered as disciplinary action. The company will ensure that, where possible, confidentiality is maintained, with private and sympathetic locations chosen for interviews. Interviewees will be given the right to be accompanied by a trade union representative or a work colleague of their choice. The advisor will then conduct interviews with all the parties involved, including principal or possible witnesses. Records of interviews will be prepared and signed by both parties to the interview. If one party refuses to agree that the record is accurate, he/she should have the opportunity to submit with/her observations in writing. Records of an interview and any observations raised will be copied to all the parties involved. If the issue becomes subject to a disciplinary meeting, records of interviews may be used as evidence during that meeting. On the conclusion of the investigation, the investigating adviser will report to the partiesâ€™ manager with a recommendation as to what further action is to be taken.
Action following investigation: The complainant and the alleged perpetrator will be informed by the person conducting the investigation, both in writing and in person, of the outcome of the investigation and of any further action that will be taken. If it appears that there is a case to answer the disciplinary procedures will be invoked. Where allegations are substantiated at a disciplinary meeting, disciplinary sanctions, including dismissal if warranted, will normally be taken against the perpetrator. The disciplinary action will be completed as soon as possible following the conclusion of the investigation. If the investigation establishes that the complaint was brought maliciously, disciplinary action may be taken against the complainant subject to the complainant's right to appeal.
Appeal Procedure: If either party is dissatisfied with the outcome, he/she may appeal to the [Human Resources Manager] within 5 calendar days of receiving written confirmation of the decision. The [Human Resources Manager] will have the right, on consideration of all the evidence, to overturn the previous decision. The decision of the [Human Resources Manager] will be final. 39
Public disclosure policy Public disclosure policy statement: The company operates a strict policy in relation to wrongdoing (which will be regarded as a disciplinary offence) and will not tolerate actions which may amount to a criminal offence or breaches of legal obligations, a miscarriage of justice, danger to health and safety or damage to the environment (â€œwrongdoingâ€?). You have a responsibility to maintain the highest standards of integrity and good faith. Under Part IVA of the Employment Rights Act 1996, employees who report a wrongdoing to certain parties are protected from unlawful treatment. However, it is a policy of the company that any wrongdoing that has occurred should be reported to the company in the first instance. Accordingly, the company has devised this policy to encourage you to report any matters that you believe are of concern to the company with the reassurance that you will be protected in respect of any such disclosures. The company will ensure that you are protected and not subjected to any unfavourable treatment because, in good faith, you reported a potential wrongdoing. You should be aware that if an allegation is made which is not made in good faith and with a malicious intent, they may be treated as a disciplinary matter and the company may invoke the disciplinary procedure.
Reporting wrongdoing: In the first instance, the company requests that you raise the matter with your Line Manager on an informal basis and discuss with them what steps should be taken to report the matter to the company. You may, at any time, raise the matter formally with your line manager in writing and this will be passed on to the board of directors. If your concern is about your immediate line manager, you should report your concern to an appropriate person with similar or greater authority. At all stages, all statements and discussions will remain confidential unless you express a contrary wish or it becomes necessary to divulge such information during the course of an investigation. The board of directors will conduct a full investigation in the matter raised and alter their practice accordingly. If, after an investigation, you are not satisfied with the explanation or reason given to you, you should raise the matter with the appropriate organisation or body e.g. the Police, the Environment Agency, the Health and Safety Executive, etc.
Health and safety policy Emergency exits: At the back of this section you will find site plans for the ground and upper floor of the building. You should study these plans to familiarise yourself with location of emergency exits and exit routes. These are at the front of the building, at the rear by rack S, and to the side of the building through rack XC.
Fire Call Points: A fire call point is the position from which the alarm can be raised in the event of fire. These are shown on the site plan pages of this handbook found at the rear of this section. Make sure you know where they are.
Fire extinguishers: You should familiarise yourself with the location of these, shown on the site plans at the back of this section. A failure to use fire extinguishers in the proper manner may result in disciplinary action.
Evacuation procedures in the event of fire: You should familiar yourself with the company’s evacuation procedure and follow it when necessary. If a fire is detected, you should only use the relevant extinguisher to aid either evacuation from premises or if you are totally sure you can contain the fire within the capacity of the extinguisher. If a fire is detected, you should sound the fire alarm as soon as possible to notify other staff. The company’s appointed fire marshal, normally a Line Manager, will call emergency services Should you hear the fire alarm, you should leave the premises immediately via the nearest exit, which are clearly indicated by signs. You should then make your way to the front of building where the assembly point is situated (notice on fence by stream). A Line Manager must use the form below to account for all personnel. State the reason for person being absent from ‘role call’ for example. holiday, sick or not working that day. A person will be nominated to wait for emergency services on Bloxham Rd, aiding the services arrival to the source of the fire. You should ensure that you stay within the assembly point at all times so as to ensure that the emergency services can access premises with ease. In the event of a person being unaccounted for, please inform the emergency services as soon as they attend the building.
First aid facilities: The location of first aid facilities (First Aid Post) are marked on the site plan pages at the back of this section. There are three trained First Aiders who are Kevin Coyne, Gary Stewart and Michele Roskrow. All accidents should be recorded in the Health and Safety Manual along with details of any first aid that is given. The record book is kept in the training room.
Health and safety manual: All information about Health and Safety is contained in the Group Health & Safety Manual. A copy of the manual can be obtained from Gary Parkin, Operations Manager who retains a copy on site. A copy is also in the training room. The overall and final responsibility for Health and Safety rests with the Managing Director, Jonathan Tibbetts, who has prepared and authorised the Companyâ€™s Health and Safety Policy. He has delegated the implementation of this Policy to the Health and Safety Manager, Gary Parkin. You should ensure that you have read this manual and understand the responsibilities you have and those of others in the company in relation to Health & Safety issues. On joining the company your line manager will go through this manual with you. It is the duty of everyone whilst at work to take reasonable care for the health and safety of yourself and others who may be affected by your acts or omissions at work.
For your convenience the subject index is reproduced here. Subject:
Index: Copyright: Configuration management and amendment history: Abbreviations:
2 3 3 5
Health and safety policy:
Inspectorates and officials:
Risk assessment: Five steps of risk assessment: Essential elements of a risk assessment: Setting the level of risk: Job safety analysis:
13 13 14 14 15
7.0 7.1 7.2 7.3 7.4
Facilities: Electricity: Gas: Air operated equipment/fluid under pressure: Plant list:
17 17 17 17 17
Fire and flammable liquids: Annual fire precaution checklist:
Housekeeping, equipment and premises:
Records: Accident record book: Illness record book: Reporting illnesses and accidents : Reportable diseases: Reporting RIDDOR (Reporting of Injuries, diseases and Dangerous occurrences regulations) type illnesses/diseases
25 25 25 25 25
Auditing the health and safety policy:
Health & Safety policy statement: The Health and Safety at Work Act (HASAWA) requires that the company’s Health and Safety Policy is clearly displayed for all to read. The policy statement below, signed by the Managing Director and the health and safety manager is displayed in reception and all other entry points to the company. It reads as follows: Our Health and Safety Policy Statement is: · · · · · · · · ·
To provide adequate control of the health and safety risks arising from our work activities; To consult with our employees on matters affecting the health and safety; To provide and maintain safe plant and equipment; and To ensure safe handling and use of substances; and To provide information, instruction and supervision for all employees; To ensure all employees are competent to do their tasks, and to give them adequate training; To prevent accidents and cases of work related ill health; and To maintain safe and healthy working conditions, including Stress; To review and revise this policy as necessary at regular intervals.
Gary Parkin, acting as the Health and Safety Manager, is responsible for managing the company’s health and safety policy through implementing the procedures outlined in the health and safety manual. The health and safety manual is available for all to read and is retained by the health and safety manager. A health and safety committee meets on a regular basis and comprises representatives from company departments who will consult individual staff members on health and safety issues and are available to all employees who wish to discuss their health and safety concerns. The Policy will be kept up to date, particularly as the business changes in nature and size. To ensure the policy remains effective, it will be subject to an audit and any areas of weakness will be addressed and improvements agreed and implemented.
Employer’s liability: The Health and Safety at Work Act requires the certificate of employer’s Liability to be clearly displayed for all the read. The copy of the certificate is displayed on the notice board situated in reception, it is renewed annually, documentation relating to health and safety. A number of documents that support the Heath & Safety Policy have been produced and are contained in the Manual. These documents are listed below for your convenience. Ask Gary Parkin if you have need of any of these. 44
Document register: Form Number 1 2 3 4 5 6 7 8 9 10 11 12
Job breakdown analysis and improvement recommendations Job safety analysis â€“ summary sheet Substances (liquid or solid) used. Plant list Maintenance Record Form Check list for carrying out a fire risk assessment
1 1 1 1 1
03/05/06 03/05/06 03/05/06 03/05/06 03/05/06
Basic Fire Risk Assessment Summary Form Accident record book Illness record book RIDDOR Absentee record Form Work-related Stress Questionnaire Audit Record Form of the Health and Safety System
1 1 1 1 1 1
03/05/06 03/05/06 03/05/06 03/05/06 03/05/06 03/05/06
Accident reporting: All accidents at work must be recorded in the Accident Book, part of the Health & Safety Manual a copy of which is available in the training room. Also all accidents must be reported to your line manager. In the event of a serious accident the Serious Accident Procedure, as detailed below, should be followed.
Serious accidents: In the event of a serious accident, which requires assistance from the Emergency Services, staff should adhere to as many of the guidelines listed below to ensure safe and speedy resolution of the incident. Assess situation, clear debris or obstructions so that the injured person/s can be attended to. Note that any debris on the injured person should not be moved without the Emergency Services consultation or authority. A First Aider will attend to injured person/s once it is safe to do so and call Emergency Services where necessary. You should ensure that you give full and accurate information about any prior medical condition. Gangways should be cleared in order for Emergency Services to attend to injured person/s. An appointed person will stand at entrance to Business Park (in High Visibility Coat) in order to guide Emergency Services into the site and our building. The appointed person will also take notes of the incident and photographs of the scene after the injured person(s) have been dealt with. The appointed person will contact the injured person(s) next of kin with details of the incident. Please note that this may be the duty of the Authorities to do this so check first. The appointed person will report incident to HSE and local Environmental Health Unit (Cherwell District Council). You should not at any circumstances, and without the authorisation of your Line Manager, move any item/s from the scene of the incident in the event of the HSE or Environmental Health wish to inspect the scene. Please remember that the above points are only a guide to help deal with a â€œSerious Incidentâ€? and most of the points listed above will be carried out simultaneously.
Protective Clothing: All warehouse employees are provided with protective shoes. High visibility jackets and protective eye glasses and gloves are supplied to those who need them in the warehouse for specific duties. Your line manager will tell you when and who should wear them. All requests for work wear should be made to your line manager. Specific hazards, chiefly related to the warehouse where a forklift truck is in use and staff are involved in manual handling, will be explained to new staff on arrival on site. Where necessary, training will be provided. 46
Stress in the workplace policy The company recognises that our employees are our most important asset and it is committed to providing the support to assist its staff to undertake their work and develop skills in an environment that is as stress free as possible. Workplace stress is of increasing concern for all organisations and for their employees. It is still a poorly understood area. While all employees are subject to a degree of stress in their daily lives, when it reaches debilitating levels, work performance and motivation can suffer. The company’s policy is to increase awareness of the problem of stress in the workplace in order to monitor and control it. This policy forms part of the company routine safety management programme. The 1999 Management of Health, Safety and Welfare Regulations states that all employers must identify and safeguard against all risks to health and safety. The company takes seriously its responsibility for the health, safety and welfare of all members of staff and the company prides itself on its health and safety provisions, attributing no small measure of its success to employees. The company’s policy, in tackling stress in the workplace, is to reduce the sources and symptoms of both individual and company stress and thereby make working life more satisfying for all members of staff. It is therefore, the company’s policy to ensure that: · The performance of members of staff is monitored. · An open-door policy is in operation to allow members of staff to discuss problems. · Where appropriate, members of staff may attend stress awareness workshops. · Appropriate procedures are in place for dealing with members of staff displaying characteristic stress indications. Control of stress is as important as control of any other, less abstract, hazard. In aiming to protect the mental, as well as the physical well being of all members of staff, the company will attempt to: · Identify potential problems. · Assess and where possible, alleviate risk areas. · Continually monitor, evaluate and upgrade its stress policy in line with legislation and to promote staff welfare and efficiency. · Implement safeguards against stress, with continuous monitoring and evaluation of the said safeguards to check effectiveness and reliability. · Where appropriate, the company may require employees to undergo professional counselling. Joint consultations and an “open-door” policy will be operated to promote and sustain a healthy, productive working environment for the benefit of all. 47
Smoking, drugs and alcohol policy Smoking policy statement: The company is committed to protecting the health, safety and welfare of its employees by providing a safe place to work and protecting all employees, service users, students and visitors from exposure to smoke. All areas of the company’s premises and property, including company vehicles, are required to be smoke-free. Smoking is not permitted either inside or outside the company’s premises. The company’s policy complies with the Health Act 2006 and all associated regulations to ensure a safe environment for its employees and applies to all employees of the company at all levels and grades. Third parties who have access to the company’s premises, including contractors, service users and visitors are also required to comply with this policy. The overall responsibility for the implementation of this policy belongs to the human resources department. They will regularly review the operation of this policy and make any necessary recommendations and alternations in order to minimise risks to employees. All line managers have a specific responsibility to operate within the boundaries of this policy and facilitate its operation by ensuring that employees understand the standards of behaviour expected of them and by identifying and acting upon behaviour that falls below these standards. The company will ensure that managers are given training on the relevant legal and operational framework and best practice. All employees are obliged to adhere to, and support the implementation of this policy. Smoking is banned in all areas on company property. The prohibition applies to, and included, anything that can be smoked including cigarettes, pipes, shisha, hookah, cigars and herbal cigarettes. Appropriate no-smoking signs will be clearly displayed at the entrances to and within all enclosed and substantially enclosed premises. The company’s vehicles used by authorised employees must also be smokefree and display no-smoking signs. The company’s vehicles used primarily for private purposes are, however, excluded from the smoking ban. If you have any questions concerning the interpretation of this policy, you should direct them to your line manager. Alternatively, the NHS offers a range of free services to help smokers give up. If you would like help, you should visit www.gosmokefree.co.uk, call the NHS Smoking Helpline on 0800 1690169 or text ‘GIVE UP’ to 88088 to find your local NHS Stop Smoking Service. Breaches of this policy will be dealt with under the company’s disciplinary procedure and, in serious cases, may be treated as gross misconduct leading to summary dismissal. Smoking in smoke-free premises or vehicles is also a criminal offence and you may incur a fixed penalty fine and possible criminal prosecution. 48
Drugs and alcohol policy statement: It is the responsibility of the company and its employees to provide a safe place to work and to undertake activities in a safe manner thereby not endangering others. As such, the use of alcohol or drugs is prohibited on company premises. You must not be under the influence of alcohol or drugs whilst at work. It therefore follows, that employees who are under the influence of drugs and/or alcohol whilst at work, are directly failing in their duty to care for themselves and others at work. The companyâ€™s policy is to employ a workforce free from the illegal use of drugs on or off the job and the influence of alcohol while on the job. If you are found to be in violation of this policy, you may be liable to disciplinary sanctions, which may constitute gross misconduct resulting in immediate termination of your employment. The only circumstances in which alcohol may be permitted on the companyâ€™s premises is in special pre-authorised circumstances (e.g. a work related celebration) and in such circumstances you are required to continue to represent the company in a suitable and professional manner. The bringing of any unlawful or illegal or controlled substances onto the companyâ€™s premises or property, having possession of, being under the influence of, engaging in the current use, selling, attempting to sell or transfer whilst on company business or at any time during the working day, whether on duty or not, will be considered as misconduct and you may be subject to disciplinary action, even for a first offence. The company reserves the right to request you to undergo professional medical screening should the company suspect, or have reason to suspect the abuse of drugs and/or alcohol. The use of prescribed drugs and over-the-counter drugs, which may adversely affect your performance or behaviour, must be reported to your manager upon reporting for duty. Abuse of over-the-counter medication is prohibited.
Computer and I.T policy Computer and I.T policy statement: The company regards its computer network as a vital and integral part of its business in order to communicate not only with employees but also with service users, customers and visitors. The company expects its employees to use computers reasonably and only for the purpose of company business. The company will treat seriously any actual, attempted or suspected infringement of this policy and may take disciplinary action, which could lead to summary dismissal in serious cases, against anyone acting or attempting to act in breach of this policy.
Hardware: Employees must not move or modify any hardware without the consent of the company. Further, no equipment may be attached to the network without consent of your Line Manager. Hardware includes, but is not limited to monitors, base units, USB sticks and external hard drives. All equipment must be treated with due care and attention and maintained in a condition and environment conducive to good working order and long life. Any fault, loss or damage must be reported without delay to your Line Manager. When equipment is not being used, it must be logged off correctly and powered down. Any equipment that is taken off company property, especially laptops must be kept secure and should not be left unattended at any time. All employees are required to take reasonably measures to minimise the risk of loss of company data and software through theft. Particular care needs to be taken to ensure that laptops and CDs containing software and company data are not left unattended in vehicles or other nonsecure place.
Software: The company computers will be set up by your line manager and should not be altered by the user in any circumstances. Under no circumstances may you load any software without the approval of the company. This includes screen savers, wallpapers and downloads from the Internet. You are only authorised to use the systems and have access to information that is relevant to your role. You should neither seek information nor use systems outside these criteria. Unauthorised access to any of the company’s computers or network devices is a breach of this policy and may lead to disciplinary action. Standard Operating Procedures must be followed at all times when using software. Where no procedure exists, please consult your Line Manager and follow any instructions given. Software issued by the company for your use is licensed to the company and is protected by copyright law. It is illegal to make copies of this software without the consent of the license-holder. You should, therefore, not make copies of, or distribute software that has been copied. Should you receive data in portable format (e.g. floppy disk, CD or USB drive), you must ensure that it is virus checked before being loaded onto the company’s systems. You should contact your Line Manager who will conduct a virus check and give you confirmation that it is safe to use. If you receive an ‘.exe’ file, you should not run it and delete it immediately. Disks which contain work related material form part of the intellectual property of the company and, because of the ease of portability of such sensitive commercial material, you should exercise particular caution when using, storing or transporting disks, whether within or outside the company’s premises.
Passwords: In order to access software programs, you will be given a company user name and password by your line manager. These are personal to you and should not be written down where they may be seen by colleagues, visitors or customers. Leaving notes detailing your user name and password may constitute a disciplinary offence. Whilst being logged onto the companyâ€™s system, you are responsible for all actions undertaken with your user name and password. You should ensure that you do not leave the computer unattended whilst being logged on. You must not disclose any information relating to the companyâ€™s system, which may make it vulnerable to a third party. If you believe that another employee may have learnt your user name and password, you should change it immediately. The company will require you to change your password at least once every ninety days; however, you may wish to change it more frequently. When changing your password, you should not use words or numbers, which contain personal data such as date of birth. You must notify your Line Manager immediately if you have any suspicion that someone else knows your password. Disclosure of your user name and password to another user, or if you use another userâ€™s user name and password, will be treated as a disciplinary offence, which could lead to summary dismissal.
Email: Once you begin your employment with the company, you will be provided with an email address. Your email address can receive emails from anyone connected to the Internet. Your work email should be used predominately for work-related matters and not solely for personal use. You should limit the frequency of sending and receiving personal emails, which should only be dealt with outside of normal working hours. You should ensure that your correspondents know that they should not send you any offensive, demeaning, disruptive or illegal attachments such as pictures or executable programs. All external non-work related email messages should be deleted on receipt. If you are found with offensive or pornographic material on your computer system, you will be subject to immediate disciplinary action for gross misconduct, which may result in immediate dismissal. The company reserves the right to access and monitor any or all areas of its computer network for business reasons and training purposes. You should not assume that any information held on your system is private and confidential. If you receive an email from an unknown source, or â€œjunkâ€? email, you should delete it immediately upon receipt without opening it. Opening such an email may leave the companyâ€™s system vulnerable to viruses. During the course of your employment, you may receive an email, which contains an attachment. These attachments should not be opened unless they are received from a trusted source, namely another known company, employee or representative. If you are in doubt, you should not open the email. Emails to colleagues, visitors, suppliers and other business contacts should be restricted to company business. Confidential information about or relating to the business of the company, its staff, suppliers or contacts should not be transmitted outside the company via email unless done so in the course of business and with the authorisation of your Line Manager. Confidential information should not be left on display on an unattended workstation. You should ensure that at least once a month a clear up of your email account is done and any unwanted emails are deleted. This will help prevent the file server from slowing down. You should be aware that these deleted emails will remain on the system for a period of time and will be accessible from back up should you mistakenly delete an email or, if an investigation into network abuse needs to be commenced. The Company recognises that commercial data is a valuable asset and as such, you should not distribute this sensitive data to competitive sources. Doing so will constitute gross misconduct potentially resulting in summary dismissal. 53
Inappropriate use: All employees must not send internally or externally or obtain material (whether in the form of text or images) which is libellous or defamatory, illegal, obscene, sexually explicit, bullying, discriminatory or disparaging of others, particularly in respect of their race, national origin, sex, sexual orientation, age, disability or religious or political beliefs. Employees are reminded that material which they find acceptable (e.g. the content of email jokes or chain letters) may be offensive to others. It is recommended that you take care and give sufficient thought to what you send. Messages can be misconstrued and should not become a substitute for “one to one” conversations. You should not send humorous material to business contacts as it can frequently be misunderstood and cause offence, and may bring the company’s reputation into disrepute. The company recommends that criticisms or complaints be not dealt with by email. Inappropriate use of the company’s email system will be dealt with in accordance with the company’s disciplinary procedures and may result in dismissal with or without notice.
Internet Access: You are not permitted to access the Internet other than for company business purposes and only with the prior authorisation of your line manager. Anyone found visiting pornographic websites will be subject to immediate disciplinary action and if necessary, the police will be informed. Anyone found downloading or circulating pornographic material or other non-business related material will be subject to immediate disciplinary action and if necessary, the police will be informed. Please note that the office file servers maintain a record of Internet access by users and these will be monitored as necessary and the results will be forwarded to your line manager and police, if appropriate. Inappropriate use of the company’s Internet facility will be dealt with in accordance with the company’s disciplinary procedure and may result in dismissal with or without notice.
Telephone Policy Telephone: The company provides you telephones for the sole purpose of company business. The company recognises that there be an occasional necessity for you to make a personal call from work and this should be kept to a minimum and should only be made with the authorisation of your Line Manager. You should ask your relatives and friends to refrains from telephoning you during normal working hours, except in emergencies. The company reserves the right to charge you for personal telephone calls made on company telephones. Excessive time spent on the telephone or abuse of this concession will be subject to disciplinary action.
Personal mobile phone: Personal mobile phones should be kept switched off whilst at work and may only be permitted during break times. In exceptional circumstances, there may be a need for you to have your mobile phone on, in which case authorisation needs to be granted by your line manager and the phone must be on ‘silent’ at all times. Abuse of this concession will be subject to disciplinary action.
Mobile and vehicles: Since 1st December 2003, it has been a criminal offence to use a handheld telephone when driving. This includes sending and receiving text messages. “Driving” includes being in control of the vehicle whether it be being stopped at the traffic lights temporality or stuck in traffic jams. You may only use a handheld telephone once the engine has been turned off. Drivers caught in the act face a fine of up to £1,000 on conviction (£2,500 for drivers of goods vehicles, buses or coaches) for which employees can be held personally liable if they do not follow this policy. Alternatively, police officers have the discretion to impose a fixed penalty of £30. The company takes this matter very seriously and prohibits the use of hand held mobile phones in all circumstances whilst driving in a company vehicle or on company business (but in your own vehicle). Breach of this policy may be regarded as gross misconduct, leading to potentially summary dismissal.
Vehicle Policy Company vehicle: Provided that you hold a current full driving licence, the company shall provide you with a car of such make, model and value as it determined by the company for your sole use. The company may at its discretion permit the personal use of the car by you, but permission for such personal use may be withdrawn at any time. Before the company will allow you the use of a company vehicle, you must provide the company with details that you are covered by a fully comprehensive insurance policy with a reputable insurer. The insurance policy must cover domestic, social and business use. The company will take a copy of the insurance policy for its records. Should you incur additional insurance expenses arising out of the business use, on production of a receipt confirming any additional premium, the company may reimburse you for this expense. This is at the absolute discretion of the company. The company shall be responsible for payment of all reasonable standing and running costs of the vehicle including tax, MOT, maintenance and repair, provided that they are not caused by your negligence or default. The company shall reimburse you for the cost of fuel properly incurring during business mileage at a rate specified in the company’s Vehicle Policy from time to time. You are responsible for ensuring that the vehicle is properly looked after at all times during the vehicle being in your possession and that the provisions of the company’s Vehicle Policy (as amended from time to time) and any policy of insurance relating to the vehicle are observed. The company may seek to recoup any losses in the event of your negligence or default. You shall be responsible for all expenses directly connected with your and your spouse’s private use of the vehicle. The company will only pay for reasonable expenses incurred in the normal course of your duties. You shall be responsible for payment of all fines incurred for traffic offences and parking fines and shall notify the company of any accidents involving the vehicle as soon as possible, whether or not these take place while you are on business. Should you be disqualified from driving, convicted of any driving offences or have your driving licence endorsed, you must notify the company as soon as possible. The company shall have the right to terminate your employment with or without notice or payment in lieu of notice if you are convicted of a driving offence and/or disqualified from driving. You shall return the vehicle, its keys and all documentation relating the it to the company’s premises or such other place as the company may reasonably stipulate immediately upon the termination of your employment howsoever arising or upon you becoming no longer legally entitled to drive or when you no longer have a need for the vehicle. 56
Damage or injury: If you are involved in an accident which causes damage to property or another vehicle, or injury to any person or animal, you are required to give you name and address, the name and address of the owner of the vehicle, the registration number of the vehicle and the name of the insurance company to any person having reasonable grounds for requiring such information. It is important that you give no further information. If for some reason it is not possible to give this information at the time of the accident, the matter must be reported to the police as soon as possible, but within twenty-four hours of the occurrence. In addition, you must produce your insurance certificate to the Police Officer attending the accident, or any other person having reasonable grounds to see it. An accident must be reported to a police station or a police officer within twenty-four hours. If you are not able to produce the certificate, you must, in any event, produce it in person within five days after the accident, to such police station as you may specify at the time of reporting the accident in the first place. You must notify your insurance company of any damage or injury as soon as reasonable practicable and must reimburse the company for any loss that it has suffered. You shall ensure that the company is kept up to date of any developments in relation to an insurance claim.
Loss: In the case of loss of one of our vehicles, the police and ourselves must be informed immediately. Full details of the contents of the vehicle must also be given. If any contents are stolen from one of our vehicles, the police and ourselves should be notified immediately. While the company is able to provide some cover for personal property, you should, wherever possible, make your own arrangements to cover personal effects. All of our vehicles must be kept locked when not in use and the contents should be stored out of sight, preferably in the boot if it is a car.
Use of own Vehicle: If it is necessary for you to use your own vehicle for business purposes, and you have a full valid driving licence, you will be reimbursed at the rate of [ÂŁ0.25] per mile of travel. For the avoidance of doubt, this does not include travelling to and from your normal place of work. Expenses claims should be submitted to the relevant accounts department by the first day of the following calendar month. The company will endeavour to promptly reimburse your expenses in the following calendar month. You must be in possession of a current UK driving Licence, free from all bans and endorsements. Disqualification from such a licence may render you liable to dismissal. Any driver involved in an accident must comply with all legal requirements. In the event of any incident involving damage to the vehicle or injury to any third party or damage to the property of a third party, then as many details should be taken as possible and you must contact the company as soon as possible. You are responsible for ensuring that the vehicle is properly looked after, serviced and in a roadworthy condition at all times. You agree to bear any tax liability in respect of the use of the vehicle. You are responsible for the payment of any fines, fixed penalties, clamping or recovery fees etc as a result of motoring offence, including parking fines. You must notify the company of any serious offence that may result in the loss of your licence or cause the company any loss. In the event of negligence, the company may seek to recoup any losses. You are responsible for the insurance on your vehicle and should you incur additional insurance expenses arising out of business use, on production of a receipt or certificate confirming any additional premium, this will normally be reimbursed to you as an expense.
Disciplinary procedure General: The companyâ€™s aim is to encourage improvement in individual conduct and performance and to ensure consistent and fair treatment for all in the organisation. This procedure sets out the action that will be taken when the disciplinary rules are breached or when your performance is unsatisfactory. However, depending on the seriousness of the misconduct or unsatisfactory performance, the company reserves the right to invoke any stage of the procedure as an initial step.
Principles: 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 and a disciplinary meeting has taken place. Where appropriate, the company will take informal action to resolve matters swiftly and amicably. The company reserves the right to suspend you on full pay for a maximum of  working days (or such longer period as in the circumstances may be reasonable) whilst an investigation takes place. Suspension in itself is not a disciplinary measure. You will be given advance notice of the disciplinary meeting and will be supplied with details of the allegations or complaints and, unless there is good reason not to, you will also be supplied with copies of all documents and witness statements that will be referred to at the disciplinary meeting. At every stage of the process, you will have the opportunity to state your case and be represented, if you wish, at the meeting by a fellow employee or by a full-time or duly certified trade union official. If your chosen representative cannot attend the meeting on the proposed date, you can offer an alternative date and time so long as it is reasonable and falls within 5 working days following the date which was proposed by the company. At all times, so far as is possible, details of the disciplinary proceedings (including witness statements and records created during such proceedings) will be kept confidential.
The Procedure: 1.
Stage 1 â€“ Oral Warning/Improvement note:
If your conduct is unsatisfactory, you will be given a formal ORAL WARNING by your manager, a note of which will be kept on the your personnel file for a period of 6 months. You will be advised as to the reason for the oral warning, the change in behaviour that is required and that the oral warning constitutes the first step of the disciplinary procedure. A copy of the oral warning will be kept on your personnel file for a period of 6 months after which it will be disregarded, subject to achieving and sustaining satisfactory performance. 2.
Stage 2 - Written Warning:
If the disciplinary offence or poor performance is serious, or if there is no improvement made, or if further offences occur, a written warning will be given which will include details of the reasons for the written warning, the improvement or change in behaviour or performance that is required, the timescale for the improvement and a note that, if there is no sustained improvement or change by the specified time, a final written warning may be given. The written warning will be kept on your personnel file for a period of up to 12 months after which time it will be disregarded, subject to satisfactory service. 3.
Stage 3 â€“ Final Written Warning:
If your conduct or performance is still unsatisfactory or where the offence or poor performance is sufficiently serious, a final written warning will be given making it clear that any recurrence of the offence or other serious misconduct or failure to improve within a further specified period of time might result in your dismissal or some action short of dismissal. The final written warning will be kept on your personnel file for a period of 12 months after which time it will be disregarded, subject to satisfactory service. 4.
Stage 4 â€“ Dismissal:
If there is no satisfactory improvement or if further serious misconduct occurs, you may be dismissed. As an alternative to dismissal, you might be asked to consent to a disciplinary transfer, demotion or loss of seniority/increment. Any decision to dismiss will be taken by a Manager who has the authority to do so.
Gross misconduct: If, after an investigation and a disciplinary meeting, it is confirmed that you have committed an offence of gross misconduct, or the company has reasonable grounds for believing that such an offence has been committed, the normal consequence will be dismissal without notice or pay in lieu of notice. The offences of the following natures will be deemed to be gross misconduct. The list is not exhaustive. · · · · ·
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Theft, fraud and deliberate falsification of records (including time sheets); Physical violence or serious threats of physical violence; Serious bullying, harassment or discriminatory behaviour; Deliberate damage to property; Serious insubordination or wilful refusal to obey a reasonable instruction (including failure to attend a disciplinary hearing without good reason); Misuse of company property /software/copyright or name; Bringing the employer into disrepute; Being unfit to work through drink or drugs, or being found in possession of unsealed alcohol, illegal drugs, or obscene material at work; Serious negligence, which causes or might have caused unacceptable loss, damage or injury; Breach of non-solicitation, confidentiality, or non-competition clauses; Serious infringement of Health and Safety rules; Serious breach of Computer Policy including abuse of email and Internet facilities; Allowing non-employees to attend client, or supplier premises without authorisation from the company; Carrying out additional work for clients or potential clients for your own personal gains, without authorisation from the company; Failure to attend appointments without notifying the company; Serious breach of confidence (subject to the Public Interest (Disclosure) Act 1998); Use of a hand held mobile telephone whilst driving or in control of a company vehicle (at any time) or whilst driving or in control of any vehicle whilst on company business; and Unauthorised absence of more than one week.
Appeals: You may wish to appeal a disciplinary decision because, for example, you think a finding or penalty is unfair, new evidence comes to light or you think the disciplinary process was not used correctly. If you wish to appeal, you may do so by informing the [NAME/JOB TITLE] within 5 working days of receiving notification of the decision, in writing and setting out the reasons why you wish to appeal. There will then be an appeal meeting. Where practicable, the person conducting the appeal meeting will be more senior than the person who imposed the disciplinary sanction being appealed against and who had not prior been involved in the process. After the appeal meeting, the person conducting the meeting will write to you with their decision. That decision is final.
Grievance Procedure Principles: The issues that are appropriate to be dealt with under this procedure might include terms and conditions of employment, health and safety, relationships at work, new working practices, working environment, organisational change, discrimination, bullying and harassment. The company intends where you have a complaint about an action that the company has taken or is contemplating taking against you, such a complaint will fall within this procedure. If you have any questions or grievances relating to your employment, you should raise them in accordance with the procedures set out below.
Informal Procedure: In the first instance you should discuss the issue informally with your immediate line manager or, in their absence a manager with the necessary authority. In appropriate cases, you and the company may wish to use the services of an independent, impartial workplace mediator in an attempt to resolve matters swiftly and amicably.
Formal procedure: Stage 1 â€“ Oral Warning: Where the grievance cannot be resolved informally, it should be referred in writing to a suitable senior manager such as your Line Manager. The designated person will arrange a meeting, normally within 5 working days. That person will carry out any further investigation that may be necessary and decide the case based on all the evidence as impartially as possible. S/he will then confirm the decision of the grievance in writing, normally within 24 hours but, depending on the extent of further investigations that may be required, at the latest within 10 working days of the meeting. Stage 2 â€“ Appeal Meeting: If the grievance is not resolved or if you consider that you have not been fairly treated, the matter should be referred in writing to your Line Manager within 5 working days of the grievance meeting decision. The Line Manager will then forward the request to the [NAME/JOB TITLE], who will arrange a meeting usually within 5 working days and decide the case based on all the evidence as impartially as possible. She/he will confirm the decision in writing, normally within 24 hours but depending on the extent of further investigations that may be required, up to 10 working days following the appeal meeting. That decision will be final.
Representation: At any stage of the grievance procedure, you may be accompanied or represented by a fellow employee or by a full-time or duly certified trade union official
Capability Procedure Principles: The company recognises that during your employment, your capability to carry out your duties may deteriorate. This could be for a number of reason, the most common ones being that either the job changes over a period of time and you fail to keep pace with the changes, or you change (most commonly because of health reasons) and you can no longer cope with the work. As such, occasions of unsatisfactory performance or conduct may be more appropriately dealt with outside the disciplinary procedure. The following procedure is intended to provide a fair and effective response where your poor performance or conduct is not attributed to wilful disinclination but due to a lack of skill or aptitude, or health or other physical and mental qualities.
Job Changes: If the nature of your job changes, the company will make every effort to ensure that you understand the level of performance expected of you and that you receive adequate training and supervision. If the company has concerns regarding your capability these will be discussed in an informal manner and you will be given time to improve. If your standard of performance is still not adequate you will be warned in writing, that a failure to improve and to maintain the performance required could lead to your dismissal. The company will also consider the possibility of a transfer to more suitable work if possible. If there is still no improvement after a reasonable time and the company cannot transfer you to more suitable work, you will be issued with a final warning that you will be dismissed unless the required standard of performance is achieved and maintained. If such improvement is not forthcoming after an agreed period of time, you will be dismissed.
Health reasons: Health reasons may arise in the future which do not prevent you from attending for work but which prevent you from carrying out your normal duties (e.g. a lack of dexterity or general ill health). If such a situation arises, the company will normally need to have details of your medical diagnosis and prognosis so that it has the benefit of expert advice. Under normal circumstances, this can be most easily obtained by asking your own doctor for a medical report. Your permission is needed before the company can obtain such a report and you will be expected to cooperate in this matter should the need arise. There may also be health reasons, which prevent you from attending work, either for a prolonged period or periods or for frequent short periods. Under these circumstances, the company will need to know when your attendance record can be expected to reach an acceptable level and again, this can usually be most easily obtained by asking your own doctor for a medical report. When the company has obtained as much information as possible regarding your condition and after consultation with you, a decision will be made about your future employment with the company in your current role or, where circumstances permit, in a more suitable role.
Capability Appeal: If you are given a dismissal notice, you will have the right to appeal the decision made. A member of senior management will hear the appeal and you will have the right to be accompanied by a fellow colleague or trade union representative. An appeal will normally be heard within 10 working days of receipt of your written notice to appeal. At the appeal, your line manager will explain why they reached their decision and will answer any additional questions that may arise. You or your representative will have the right to ask questions and make relevant submissions. However, your representative will not normally be allowed to speak on your behalf. At the completion of the appeal, the manager will announce the companyâ€™s decision. Any subsequent right of appeal will be conducted in accordance with the companyâ€™s grievance procedure
Parental rights / Maternity rights General: The procedures which you need to follow in order to claim your maternity rights are complicated and it is therefore important that you familiarise yourself with the requirements set out in this document so that you know what information you need to give the company and when. It is your responsibility to ensure that you comply with the necessary statutory requirements. Failure to provide the company with the correct information at the right time may affect your receipt of maternity pay and other benefits. To assist you, you should contact your line manager who will assist you in making your plans. The provisions below apply to you if your child is due on or after 5 October 2008.
Health and safety: For health and safety reasons the company asks that you notify your line manager as soon as you know that you are pregnant in order for the company to conduct a risk assessment on your working environment. You will continue to be employed in your existing job unless the risk assessment identifies that your job is potentially unsuitable for you because it involves one or more risks either to you or your unborn child. If you or your unborn child is considered to be at risk, then the company will use its best endeavours to decide whether your role can be altered so as to eliminate whatever risks have been identified. If this is not possible you will not be able to continue in your job. Instead, the company will either find you a suitable alternative role, by which the company means a job at equivalent seniority and rate of pay or, if there is no suitable alternative work for you, then you will be put on paid leave until either the risk no longer exists or your maternity leave starts, whichever happens first.
Antenatal Care: You are entitled to take reasonable paid time off during normal working hours to attend appointments for antenatal care. The company asks that, in order to minimise any disruption to its business, you try to arrange your appointments as far in advance as possible and as close to the start or the end of your working day as possible. Antenatal care includes appointments with your GP or midwife, hospital appointments for scans and tests and other appointments made on the recommendation of your GP or midwife. You should inform your Line Manager as far in advance as possible of the date and time of any appointment as well as your best estimate of how long you will be absent (including travelling time). Before your absence is authorised you may be asked to produce a certificate confirming your pregnancy and/or your appointment card. You will be paid at your usual rate for attending antenatal appointments, which have been notified to the company in advance in accordance with the above procedures. If your working hours vary your usual rate will be calculated as an average. 66
Sick Leave: If you are ill during your pregnancy before you start your maternity leave, the normal rules relating to notification procedures, sick notes, sick leave and sick pay entitlements will apply. If you are absent from work as a result of a pregnancy-related illness at any time after the start of the 4th week before your child is due, your maternity leave will automatically start straight away in which case your entitlement to sick pay will cease. You will instead receive maternity pay, provided that you are entitled to it.
Maternity leave: You are entitled to a minimum of 52 weeks’ maternity leave regardless of length of service or how many hours you work each week. The 52 weeks of maternity leave comprise 26 weeks’ Ordinary Maternity Leave and 26 weeks’ Additional Maternity Leave. These two periods follow consecutively. The maternity pay period is separate from maternity leave and runs for all of the OML period and 13 weeks of the AML period giving a total of 39 weeks.
Starting maternity leave: Your maternity leave can start at any time after the start of the 11th week before the week, in which your child is due, at your option, unless: You are absent from work due to a pregnancy-related illness at any time after the start of the 4th week before your child is due, in which case your maternity leave will start immediately; or Your child arrives unexpectedly early, and before you have started your maternity leave, in which case your maternity leave will start on the day on which your child is born.
Statutory Maternity Pay: If you earn more than the lower earnings limit for National Insurance purposes (from April 2009, ÂŁ95pw), you may be entitled to Statutory Maternity Pay during maternity leave whether or not you intend to return to work after the birth. Statutory Maternity Pay is calculated on the basis of the money you receive during the 8 weeks up to and including the last pay day before the 15th week before the week in which your child is due. You will receive 90% of your weekly average earnings over that 8-week period for the first 6 weeks that you are on maternity leave. For the next 33 weeks you are on maternity leave, you will receive Statutory Maternity Pay at a standard rate, or the rate that you received during the first 6 weeks if that rate is less than the standard rate. From 6 April 2009, the standard rate is ÂŁ123.06 a week. Statutory Maternity Pay usually starts on the Sunday after your last day at work. Your maternity pay will be paid into your bank account on the same date that you would expect to receive your salary or wages and will be subject to the usual deductions for income tax, national insurance and pension contributions. If you do not qualify for Statutory Maternity Pay, you may qualify for Maternity Allowance, which is a State Benefit. Details of how to claim Maternity Allowance can be obtained from your local Benefits Office.
Other Benefits: If your Expected Week of Birth is on or after 5 October 2008, you will continue to receive all non-cash related contractual benefits for the whole of your maternity leave period. Your full holiday entitlement will continue to accrue during your ordinary and additional maternity leave. If you have not taken your full holiday entitlement before you start maternity leave, and if you do not return to work until the following holiday year, you will lose any outstanding holiday entitlement and will not be entitled to payment in lieu. It is advisable to discuss your plans with regard to holiday with your Line Manager in advance of your maternity leave. The terms and conditions of employment shall not change during your additional maternity leave, except for terms relating to wages or salary.
Notification requirements: By the 15th week before the week in which your child is due you must give the company notice of your intention to take maternity leave, unless unforeseen circumstances make this impossible, in which case you must give as much notice as is reasonably possible in the circumstances. If you are sure that you do not intend to return to work after your child is born then you must still give the company notice by the 15th week before the week in which your child is due, otherwise you may lose your entitlement to Statutory Maternity Pay. Your notice must: · Be in writing; · Be addressed to [Line Manager]; · Confirm that you are pregnant; · Confirm your expected week of childbirth; · Enclose a certificate confirming the expected week of childbirth given to you by your GP or midwife (form MAT B1 can be used for this purpose); and · State when you want your maternity leave to start and when you wish to start receiving Statutory Maternity Pay. Your ability to commence Maternity Leave on your intended date may be affected if you do not give the company the correct notice.
The company’s response: Within 28 days of receiving your notice of your intention to take maternity leave, the company will respond to your notice unless unforeseen circumstances make this impossible, in which case we will respond as soon as is reasonably possible in the circumstances. The company will calculate your expected return date on the basis that you will take the full 52 weeks of maternity leave. In its response the company will confirm your expected return date.
Reasonable contact and keep in touch days: During your maternity leave, the company may make reasonable contact with you simply to discuss your return to work and to keep you posted about the latest developments within the company. This will also include information about possible vacancies, social events and even training courses. However, you are under no pressure to take any action or attend any event during your maternity leave if you do not wish to do so. You are also entitled to work up to ten (10) Keep In Touch (KIT) days during your maternity leave. These KIT days may be worked at any point during your maternity leave, except any time during the Compulsory Maternity Leave period. However, if the Company offers you any KIT days, you are under no obligation to accept a KIT day and may refuse the request without suffering any detriment. Working a KIT day does not terminate your maternity leave and you will be paid your contractual rate of pay for one full day for each KIT day. 69
Returning early from maternity leave: If you wish to return before the end of your maternity leave period, you may do so as long as you give the company 8 weeks’ advance notice in writing. If you give less than 8 weeks’ notice, the company is entitled to postpone your return until the company has had the equivalent of 8 weeks’ notice, although this will not be beyond the end of your maternity leave period. Please note that it is a health and safety requirement that you may not return to work within 2 weeks of having given birth. If you work in a factory you may not return to work within 4 weeks of having given birth.
Returning to work after ordinary maternity leave: You will return to the same job on the same terms and conditions of employment as if you had not been absent, although you may be required to undertake suitable alternative work for a period if a risk assessment of your job determines that you and/or your child would be at risk if you were to undertake your usual role. You are entitled to benefit from any general improvements to the rate of pay or other terms and conditions that may have been introduced for your grade of work while you were on ordinary maternity leave.
Returning after 52 weeks’ maternity leave: You are entitled to return to the same job or, if that is not reasonably practicable, to a suitable alternative job that is both suitable and appropriate for you to do on terms and conditions that are no less favourable than those for your original job.
Returning after additional maternity leave followed by parental leave: You are entitled to return to the same job or, if that is not reasonably practicable, to a suitable alternative job that is both suitable and appropriate for you to do on terms and conditions that are no less favourable than those for your original job.
General: If your position has become redundant during your maternity leave, you will be offered suitable alternative employment where such a vacancy exists. If such a vacancy exists, you will be offered it before your current contract ends. The new contract will take effect immediately on the ending of your current contract so that your continuity of employment will not be affected. If you cannot return to work within the timeframes identified above because you are ill then you may be entitled to sick leave depending upon the individual circumstances. If you decide not to return to work you must give the notice required by your contract of employment, or where there is none you must give at least the statutory minimum notice. 70
Paternity rights: General: It is your responsibility to ensure that you comply with the necessary statutory requirements in order for you to take paternity leave. Failure to provide the company with the correct information at the right time may result in you losing your right to take paternity leave and/or to receive paternity pay and other benefits. To assist you, you should contact your line manager who will assist you in making your plans.
Eligibility: You must have, or expect to have, responsibility for the child’s upbringing, live with the mother and be the biological father of the child or the mother’s husband or partner (regardless of gender) to be entitled to paternity rights. To be entitled to paternity leave and pay, you must have 26 weeks’ continuous service with the company up to and including the 15th week before the start of the week in which your child is due. If the child is born earlier than the 15th week before the start of the week in which your child is due and, but for the birth occurring early, you would have had 26 weeks’ continuous employment, you will still be eligible. You can only take paternity leave to care for the child or to support the mother. For example, you cannot take it in order to go on holiday.
Paternity leave: If you are eligible for paternity leave, you will be entitled to take either one week or two consecutive weeks’ paternity leave. If more than one child is born as a result of the same pregnancy, you will only be entitled to one period of leave.
Starting paternity leave: You may start your leave from the date when the child is born, from a chosen number of days or weeks after the date the child is born, or from a chosen date which falls after the first day of the week the child is expected. You may start your paternity leave on any day of the week on or following the date of the child’s birth. You must take all your paternity leave within 56 days of the date of the child’s birth or, if the child is born early, within the period from the actual date of the child’s birth up to 56 days after the first day of the week in which the child was due.
Child is stillborn or dies: If the child is stillborn after 24 weeks of pregnancy, you will be entitled to paternity leave. If the child is born alive at any point in the pregnancy but dies, you will still be entitled to paternity leave.
Statutory paternity pay: If you are entitled to paternity leave and you earn more than the lower earnings limit for National Insurance purposes (from April 2009, £95 pw), you may be entitled to Statutory Paternity Pay during your two weeks’ paternity leave. The amount of Statutory Paternity Pay is the same as the standard rate of Statutory Maternity Pay. From 6 April 2009, this will be £123.06 a week, or 90% of your weekly average earnings over the 8 weeks up to and including the last pay day before the 15th week before the week in which the child is due if that amount is less than the standard rate. Your paternity pay will be paid into your bank account on the same day that you would expect to receive your salary or wages and will be subject to the usual deductions and income tax, National Insurance and pension contributions.
Other benefits: The terms and conditions of your contract will apply for the duration of your paternity leave period except for terms relating to wages or salary.
Notification Requirements: By the 15th week before the week in which the child is due, you must give the company notice of your intention to take paternity leave, unless unforeseen circumstances make this impossible, in which case you must give as much notice as is reasonably possible in the circumstances. Your notice must: · Be in writing; · Be addressed to [your Line Manager]; · Confirm the expected week of childbirth; · State when you want your paternity leave to start or when your last day at work will be; · State whether you wish to take one or two weeks’ paternity leave. If you fail to give the company the notice within the required time limit, you may lose your rights to Statutory Paternity Pay and to start paternity leave on your intended start date. As soon as reasonably practicable after the birth, you must notify the company in writing of the actual date of the birth.
Self-Certificate form for entitlement to statutory paternity leave/pay: You must provide the company with a completed self-certificate as evidence of your entitlement to statutory paternity pay and paternity leave. By completing the self-certificate you declare that you are legally entitled to Statutory Paternity Pay and paternity leave. A self-certificate can be obtained from your Line Manager.
Changing the start date for paternity leave: If you wish to change the start date of your paternity leave, you may do so as long as you give the company at least 28 days’ advance notice in writing unless unforeseen circumstances make this impossible, in which case you must give the company as much notice as is reasonably possible in the circumstances. You must also give the company at least 28 days’ advance notice in writing of the change of date you expect Statutory Paternity Pay payments to start unless unforeseen circumstances make this impossible, in which case you must give as much notice as reasonable possible in the circumstances. If the child is born earlier than expected you must provide the company with the self-certificate as soon as reasonably possible. You can take your leave from the date of the child’s birth. If the child is not born by the date you intended your paternity leave to start, you cannot take paternity leave until the child is born. You must give the company as much notice as possible of the change of dates.
Returning to work after paternity leave: You will return to the same job on the same terms and conditions of employment as if you had not been absent.
Returning to work after paternity leave followed by parental leave: If you have completed one year’s service whether before or during your paternity leave, you may be entitled to parental leave immediately after paternity leave, notes relating to parental leave can be found later in this Handbook. You are entitled to return to the same job on the same terms and conditions as if you had not been absent. However, if you take a period of parental leave of more than 4 weeks, it may not be reasonably practicable for you to return to the same job, in which case you will be offered a suitable alternative job.
Adoption Rights General: If you are adopting individually, you may be entitled to adoption rights. If you are adopting jointly as a couple, one of you is entitled to take adoption rights. Your partner (regardless of gender) or the other member of the couple with whom you are adopting jointly may be entitled to paternity rights. Only one of you can benefit from adoption rights. The procedures which you need to follow in order to claim your adoption rights are complicated and it is therefore important that you familiarise yourself with the requirements set out in this document so that you know what information you need to give the company and when. It is your responsibility to ensure that you comply with the necessary statutory requirements. Failure to provide us with the correct information at the right time may result in losing your right to take adoption leave and/or to receive adoption pay and other benefits. To assist you, you should contact your line manager who will assist you in making your plans.
Eligibility: Adoption leave and Statutory Adoption Pay are available to: · Individuals who adopt; or · One member of a couple where a couple adopt jointly (the couple must choose which partner takes adoption leave). Statutory Adoption Pay (SAP) is paid for up to 39 weeks and is the same as the standard rate of Statutory Maternity Pay. From 6 April 2009, this will be £123.06 a week, or 90% of your weekly average earnings, if less than the standard rate. To qualify for adoption leave, an employee must be newly matched with a child for adoption by an adoption agency and verification of this must be done. The Work and Families Act 2006 has extended the SAP period from 26 to 39 weeks. The new regulations came into force on 1 October 2006 but apply to adoptions where the child is expected to be placed for adoption on or after on or after 1 April 2007
Length of adoption leave: You are entitled to 26 weeks’ ordinary adoption leave followed immediately by up to 26 weeks’ additional adoption leave. You will only be entitled to one period of leave even if more than one child is placed for adoption as part of the same arrangement. You can start your adoption leave either from the date of the child’s placement (whether this is earlier or later than expected) or from a fixed date, which can be up to 14 days before the expected date of placement. You may start your leave on any day of the week.
End of placement: If you have started your adoption leave before the child is placed with you and the placement of the placement is cancelled, your adoption leave will continue for up to 8 weeks after the week in which you are notified that the child’s placement is cancelled. If the child’s placement ends due to the child’s death or the child returning to the adoption agency, your adoption leave will continue for up to 8 weeks or until the end of the additional adoption leave period if sooner. You must ensure that you comply with the notification requirements if the end of the placement results in you returning to work early.
Statutory adoption pay: If you earn more than the lower earnings limit for National Insurance purposes (from April 2009, £95 pw), you may be entitled to Statutory Adoption Pay during ordinary adoption leave. The amount of Statutory Adoption Pay is the same as the standard rate of Statutory Maternity Pay. From 6 April 2009, this will be £123.06 a week, or 90% of your weekly average earnings over the 8 weeks up to and including the last pay day before the week in which the employee is notified of a match if that amount is less than the standard rate. Your adoption pay will be paid into your bank account on the same day that you would expect to receive your salary or wages and will be subject to the usual deductions for income tax, National Insurance and pension contributions.
Other benefits: If your adopted child is expected to be placed with you on or after 5 October 2008, you will continue to receive all non-cash related contractual benefits for the whole of your adoption leave period. If you have not taken your full holiday entitlement before you start adoption leave, and if you do not return to work until the following holiday year, you will lose any outstanding holiday entitlement and will not be entitled to payment in lieu. The terms and conditions of employment shall not change during your additional adoption leave, except for terms relating to wages or salary.
Notification requirements: The company suggests the simplest thing to do would be for you to contact your Line Manager who will guide you through the process of taking time off. Within 7 days of being notified by your adoption agency that you have been matched with a child for adoption, you must inform the company of your intention to take adoption leave unless unforeseen circumstances make this impossible, in which case you must give as much notice as is reasonable possible in the circumstances. Your notice must: · Be in writing; · State your name and address; · Be addressed to [your Line Manager]; · State when the child is expected to be placed with you; · State when you want your adoption leave to start; · Provide evidence of entitlement to Statutory Adoption Pay from the ‘matching certificate’ signed and stamped by the adoption agency; · Contain a declaration that you have chosen to receive Statutory Adoption Pay instead of Statutory Paternity Pay.
The company’s response: Within 28 days of receiving your notice of your intention to take adoption leave, the company will respond to your notice unless unforeseen circumstances make this impossible, in which case the company will respond as soon as reasonably possible in the circumstances. The company will calculate your expected return date on the basis that you will take your full entitlement to ordinary and additional adoption leave. In its response, the company will confirm your expected return date after additional adoption leave.
Changing the start date for adoption leave: If you wish to change the start date of your adoption leave, you may do so as long as you give the Company at least 28 days’ notice in writing in advance of the date you expected to start your adoption leave unless unforeseen circumstances make this impossible in which case you must give the Company as much notice as is reasonable in the circumstances. You must also give the Company at least 28 days’ advance notice in writing of the change of date you expect Statutory Adoption Pay payments to start unless unforeseen circumstances make this impossible, in which case you must give as much notice as reasonably possible in the circumstances.
Reasonable contact and keep in touch days: During your adoption leave, the company may make reasonable contact with you simply to discuss your return to work and to keep you posted about the latest developments within the company. This will also include information about possible vacancies, social events and even training course. However, you are no pressure to take any action or attend any event during your adoption leave if you do not wish to do so. You are also entitled to work up to ten (10) Keep In Touch (KIT) days during your adoption leave. These KIT days may be worked at any point during your adoption leave. However, if the company offers you any KIT days, you are under no obligation to accept a KIT day and may refuse the request without suffering any detriment. Working a KIT day does not terminate your adoption leave and you will be paid your contractual rate of pay for one full day for each KIT day.
Returning early from adoption leave: If you wish to return before the end of your additional adoption leave period, you may do so as long as you give the company 8 weeks’ advance notice in writing. If you give less than 8 weeks’ notice, the company is entitled to postpone your return until the company has had the equivalent of 8 weeks’ notice, although this will not be beyond the end of your adoption leave period.
Returning after ordinary adoption leave: You will return to the same job on the same terms and conditions of employment as if you had not been absent. You are entitled to benefit from any general improvements to the rate of pay or other terms and conditions that may have been introduced for your grade of work while you were on ordinary adoption leave
Returning after additional adoption leave: You are entitled to return to the same job or, if that is not reasonably practicable, to a suitable alternative job that is both suitable and appropriate for you to do on terms and conditions that are no less favourable than those for your original job.
Returning after additional adoption leave followed by parental leave: You are entitled to return to the same job or, if that is not reasonably practicable, to a suitable alternative job that is both suitable and appropriate for you to do on terms and conditions that are no less favourable than those for your original job.
Paternity rights for adopting parents General: Following the placement of a child for adoption you may be entitled to paternity rights if you are responsible for the upbringing of an adopted child and your partner is the adopter. It is your responsibility to ensure that you comply with the necessary statutory requirements. Failure to provide the company with the correct information at the right time may result in you losing your right to take paternity leave and/or to receive paternity pay and other benefits. To assist you, you should contact your Line Manager who will assist you in making your plans.
Eligibility: You must have 26 weeks’ continuous service with the company at the start of the week in which you are notified of being matched with a child for adoption. In addition, you must have or expect to have responsibility for the child’s upbringing, live with the adopter and be the adopter’s spouse or partner (regardless of gender). You can only take paternity leave to care for the child or to support the adopter. Paternity rights are not available to you if, for example, you are a stepparent adopting a partner’s child.
Paternity leave: If you are eligible for paternity leave you will be entitled to take either one week or two consecutive weeks’ paternity leave. If more than one child is placed, you will only be entitled to one period of leave.
Starting paternity leave: Once you are notified that a match has been made, you may start your leave from the date of the child’s placement, from a chosen number of days or weeks after the date of the child’s placement (whether this is earlier or later) or from a chosen date after the date the child is expected to be placed with you. You must take all your paternity leave within 56 days of the date of the child’s placement.
End of placement: If you are told before the child is placed with you that the placement will not take place, you are not entitled to take paternity leave. If the child’s placement ends, due to the child’s death or the child returning to the adoption agency, your paternity leave continues as if the placement had not ended.
Statutory paternity pay: If you are entitled to paternity leave and you earn more than the lower earnings limit for National Insurance purposes (for 2009, 95 pw), you may be entitled to Statutory Paternity Pay during your two weeks’ paternity leave. The amount of Statutory Paternity Pay is the same as the standard rate of Statutory Maternity Pay. From 6 April 2009, this will be £123.06 a week, or 90% of your weekly average earnings over the 8 weeks up to and including the last pay day before the 15th week before the week in which the child is due to be placed if that amount is less than the standard rate. Your paternity pay will be paid into your bank account on the same day that you would expect to receive your salary or wages and will be subject to the usual deductions and income tax, National Insurance and pension contributions.
Other benefits: The terms and conditions of your contract will apply for the duration of your paternity leave period, with the exception of terms relating to wages or salary.
Notification requirements: Within 7 days of being notified by your adoption agency that you have been matched with a child for adoption, you must inform the Company of your intention to take paternity leave, unless unforeseen circumstances make this impossible, in which case you must give as much notice as is reasonable possible in the circumstances, your notice must: · Be in writing; · Be addressed to [your Line Manager]; · State your name and address; · State the date on which the adopter was notified of having been matched with a child; · State when the child is expected to be placed with you or, if it has already happened, the date the child was placed; · State when you want your paternity leave to start or when your last day at work will be; and · State whether you wish to take one or two weeks’ paternity leave. If you fail to give the notice within the required time limit, you may lose your rights to Statutory Paternity Pay and to start paternity leave on your intended start date. The Company may ask you to complete a self-certificate as evidence of your entitlement to paternity leave. By completing the selfcertificate you declare that you are legally entitled to Statutory Paternity Pay and paternity leave. 79
Changing the start date for paternity leave: If you wish to change the start date of your paternity leave, you may do so as long as you give the company at least 28 days’ advance notice in writing unless unforeseen circumstances make this impossible, in which case you must give the company as much notice as is reasonably possible in the circumstances. You must also gives the company at least 28 days’ advance notice in writing of the change of date you expect Statutory Paternity Pay payments to start unless unforeseen circumstances make this impossible, in which case you must give as much notice as reasonable possible in the circumstances. If the child is not placed with the adopter on the start date of your paternity leave, you may change your start date by giving the company written notice as soon as reasonably possible. Once the child has been placed with the adopter, you must give the Company notice that the child has been placed as soon as reasonably possible.
Returning to work after paternity leave: You will return to the same job on the same terms and conditions of employment as if you had not been absent.
Returning to work after paternity leave followed by parental leave: If you have completed one year’s service, whether before or during your paternity leave, you may be entitled to parental leave immediately after paternity leave, see further in this Handbook more details of parental leave. You are entitled to return to the same job on the same terms and conditions as if you had not been absent. However, if you take a period of parental leave of more than 4 weeks, it may not be reasonably practicable for you to return to the same job, in which case you will be offered a suitable alternative job.
Parental Leave General: Parental leave was first introduced on 15th December 1999 to give parents of children born or adopted on or after that date the right to take a period of time off work to look after a child or make arrangements for the child’s welfare. Parents can use it to spend more time with children and strike a better balance between their work and family commitments. The leave is unpaid.
Eligibility: Employees who have a baby or adopt a child and who have completed one year’s qualifying service with the company by the time they want to take the leave. Both mothers and fathers can take parental leave. You may be entitled to take 13 weeks in total for each child. Parents of disabled children get 18 weeks in total. If twins are born, you will be entitled to take 13 weeks for each child. Parents can take the leave up until the child’s 5th birthday, or in the case of a child with a disability, up until the child’s 18th birthday.
Returning to work after parental leave: At the end of parental leave, you are guaranteed the right to return to the same job as before if the leave was for a period of 4 weeks or fewer. If it was for a longer period, you are entitled to return to the same job, or, if that is not reasonably practicable, a similar job which has the same or better status, terms and conditions as the old job. When parental leave follows the full maternity leave period, the general rule is that you are entitled to return to the same job you had before the leave unless this would not be reasonably practicable in which case, you are entitled to return to a similar job which has the same or better status, terms and conditions as the old job.
Procedure: Parental leave must, in most cases, be taken in blocks or multiples of one week and not odd days, except for parents of disabled children who are entitled to take leave in locks or multiples of one day. In all cases, the maximum of four weeks’ parental leave in a year can be taken in respect of an individual child. Should you wish to take a period of parental leave, you must provide your Line Manager with written notice, no less than 21 days before you intend the period of leave to commence. You should ensure notify your Line Manager with regard to your likely return date.
The company’s response: If the company considers that your absence would unduly disrupt our business (for example, the work is at a seasonal peak; where a significant proportion of the workforce applies for parental leave at the same time; or, when your role is such that your absence at a particular time would unduly harm the business) then the company can postpone the leave for no longer than 6 months after the beginning of the period that you originally wanted to start your parental leave. The Company shall discuss the matter with you and confirm the postponement arrangements in writing no later than 7 days after your notice to take leave. The Company’s notice will state the reason for the postponement and set out the new dates of parental leave. The length of the leave will be equivalent to your original request. If you apply to take parental leave immediately after the birth or adoption of a child, then the Company cannot postpone the leave. You need to give 21 days’ notice before the beginning of the expected week of childbirth. In the case of adoption, you need to give 21 days’ notice of the expected week of placement. In rare cases where this is not possible, you should give the notice as soon as is reasonably practicable. 81
Flexible Working General: If you are an employee and you have responsibility for a childâ€™s upbringing, you may be entitled to request changes to your terms and conditions of employment to allow for flexible working to accommodate your childcare responsibilities. From April 2007, this right is extended to those who care for or expect to care for adults. You do not have a right to require the Company to change your working arrangements, but the Company has a duty to consider your request in accordance with the following procedure. It is your responsibility to ensure that you comply with the necessary statutory requirements. Failure to provide the Company with the correct information at the right time or to attend meetings may result in you losing your right to request a variation to your terms and conditions of employment. To assist you, you should contact your Line Manager who will assist you in making your plans.
Eligibility for child care applications: You will be entitled to request flexible working if you are an employee and are responsible for the upbringing of a child who is under the age of 16 or, if disabled under the age of 18. The application must be made to enable you to care for the child and not for any other personal or domestic reason. You must have 26 weeksâ€™ continuous service with the company at the time you make the application. You must be the mother, father, adopter, guardian or foster parent of the child. You may also be eligible if you are married to or are the partner (regardless of gender) of the mother, father, adopter, guardian or foster parent of the child. You will not be eligible if your relationship to the mother, father, adopter, guardian or foster parent of the child is that of parent, grandparent, sister, brother, uncle or aunt, including relationships of half blood.
Eligibility for adult care applications: You will be entitled to request flexible working if you are an employee and are, or expect to be, caring for an adult who is married to, or the partner or civil partner of you; or is a near relative; or falls into neither of those categories, but lives at the same address as you.
For all applications: You must have worked continuously as an employee of the company for the last 26 weeks. You must not have made a request to work flexibly under this right during the past 12 months.
Right to request: If you are eligible to request flexible working, you can ask the company to change your terms and conditions of employment in relation to the hours you work, the times and place you are required to work. This includes annualised hours, compressed hours, flexitime, home working, job-sharing, staggered hours, shift working and term-time working.
Application Requirements: For child care requests you must make sure that the company receives your application, in writing, at the latest by the 15th day before the child’s 16th birthday or, if disabled, the child’s 18th birthday. For all applications, you must make it clear that the application is for flexible working. You must specify what changes you wish to be made to your terms and conditions of employment and when you want those changes to take place. The proposed start date should allow the company time to consider and implement the change. If you think the change will have any effect on the company’s business, you must explain this and tell the company how you think this effect could be accommodated. It is in your interests to make the application as clear and detailed as possible, based on your knowledge of the way the company business works. Please note that your proposal will be for a permanent change. If the company implements the change following your application, you will not be able to change back to your old working arrangements unless the company agrees otherwise. You cannot make an application if you have already made an application within the previous 12 months. If you have made a previous application, you must say so and notify the company when that application was made. You must ensure that all applications are dated.
Extension of time limits: The company can agree to extend any of the time limits in exceptional circumstances. If the company agrees to extend the time limits, it must be recorded in writing. This record must be dated and state the amount of time the deadline is to be extended for and the new date for the deadline. The company will ensure that a copy of this record is made available to you.
The company’s response: The company will respond to your application within 28 days of receiving it. If the person who is usually responsible for applications for flexible working is on annual leave or away sick, the 28-day time period starts to run on the day that that person returns to work. The process cannot be postponed for more than 28 days for this reason. The company’s response will depend on whether or not the company agrees to your request. 83
If the company agrees to a change to your terms and conditions of employment, the company will write to you notifying you of that change and the date from which that change will take effect. If the company does not agree to the change, the company will respond by suggesting a date for a meeting to discuss the application. The date will be within 28 days of receiving your application, subject to the right to postpone as outlined above.
The meeting: The company will meet with you to discuss your application and how it could be accommodated and to discuss other working arrangements. You should be prepared to expand on any aspect of your application. You have a right to be accompanied to the meeting by either a fellow employee or trade union representative. The company will allow the person who accompanies you time off work to attend the meeting. The person accompanying you can ask questions but cannot answer on your behalf. You may confer with the person accompanying you during the meeting. You should brief the person accompanying you before the meeting. If the person you have chosen to accompany you cannot attend the meeting at the time the company suggests, you should suggest a new time for the meeting to take place within 7 days of the time the company proposed for the meeting. This new time should be convenient for the company as well as you and the person you have chosen to accompany you. If this is not possible, you should consider being accompanied by someone else.
The company’s decision: Within 14 days of the meeting the company will write to you to tell you its decision following the meeting. The response will depend on whether or not the company will agree to your request. If the company agrees to a change to your terms and conditions of employment, the company will write to you notifying you of that change and the date from which that change will take effect. If the Company does not agree, the Company will send you a dated notice and explain to you why your request has been refused. Your request may be refused on one or more of the following grounds: · The burden of additional cost; · The detrimental effect on our ability to meet our customers’ demands; · Inability to re-organise work among other staff; · Inability to recruit additional staff; · Detrimental impact on quality; · Detrimental impact on performance; · Insufficiency of work during the time that you propose to work; or · Planned structural changes. The Company will also notify you of your right to appeal against this decision. 84
Appeal: You may appeal in writing against the decision within 14 days of the company giving that decision. You must set out on what grounds you wish to appeal. You must date the appeal notice. The company will respond to your appeal request within 14 days of receiving the appeal. If the company agrees to uphold your appeal, the company will write to you telling you what changes have been agreed and the date from which that change will take effect. If the Company does not uphold your appeal, the company will notify you of a time for an appeal meeting, to take place within 14 days of receiving your appeal.
The appeal meeting: The Company will hold a meeting with you to discuss your appeal. You have a right to be accompanied to the appeal meeting.
Companyâ€™s response: Within 14 days of the appeal meeting, the company will write to you to tell you its decision following the appeal meeting. The company response will depend on whether or not it agrees with your appeal. If the company agrees to uphold the appeal, the company will write to you telling you what changes have been agreed and the date from which that change will take effect. If the company dismisses the appeal, the company will send you a dated notice and explain to you why the company has dismissed your appeal, together with the reasons for the dismissal
Withdrawal of application: At any time you may notify the company that you wish to withdraw your application. This can be orally or in writing but the company would prefer it to be in writing.
Failure to comply: If you fail to attend more than one meeting without reasonable cause, the company is entitled to withdraw your application. The company will write to you to notify you of its decision to withdraw your application. In order to assess your request for a change to your terms and conditions of employment, the company may request additional information from you. If you fail to provide this information without reasonable cause, the company may withdraw your application. The company will confirm in writing that the company have withdrawn your application.
Emergency time off for dependants: General: You have the right to take reasonable time off to deal with an emergency involving a dependant without being dismissed or victimised, subject to the authorisation of your Manager. For the purposes of this provision, a dependant is: · Your partner; · Your child; · Someone who lives with you as part of your family; and · In cases of illness and injury, someone who reasonably relies on you for assistance. The circumstances covered are: · If a dependant falls ill; · Where there has been an accident or an assault, including where the victim is hurt or distressed rather than physically injured; · When your partner is having a baby; · To make longer term arrangements for a dependent who is ill or injured; · To deal with the death of a dependent (for example, to make funeral arrangements or to attend a funeral); · To deal with an unexpected disruption or breakdown in care arrangements for a dependent (for example, when a childminder or nurse fails to turn up); · To deal with an incident involving your child during school hours (for example, if the child has been involved in a fight or is being suspended from school).
Amount of leave: There is no set limit to the amount of time that can be taken off although it will generally not be more than one or two days. Leave is intended to allow you to cope with a crisis.
Pay: Any time off will be unpaid.
Notice requirements: You need to tell the Company as soon as possible about your absence, the reason for it and the length of time you expect to be away from work.
Retirement policy Retirement policy statement: The company is committed to promoting diversity in the workplace and recognises that people of all ages are of great value to the company and its work. The companyâ€™s normal retirement age is 65 but it may be possible for employees to work beyond the age of 65 in certain circumstances. To enable appropriate management of staffing levels, you will be invited to discuss your plans for retirement or otherwise with your Line Manager in the 12 month period preceding your 65th birthday.
Employees intending to retire: If you intend to retire at the age of 65, the company can assist with your preparations in a number of ways. If you feel you need assistance with planning for your retirement, you should discuss the matter with your Manager to establish how the company can help.
Employees continuing in employment: If you do not wish to retire at the age of 65, you should advise your Manager at the review meeting. The company may agree to allow you to stay on, at their absolute discretion, and shall agree the terms of your continued employment and write to you setting out those terms. Unless you agree to any changes, they will be the same terms as applied before your 65th birthday. If the company decides that it will require you to retire, the retirement procedure set out below will be followed.
Retirement procedure: This procedure is designed to ensure that all employees are given fair and equitable treatment where the company requires a member of staff to retire and, in the event of any dispute, have the opportunity to put their side of the case forward. At any of the meetings to discuss your retirement, you have the right to be accompanied by a fellow employee. The company operates a three-stage procedure for dealing with retirement. Stage 1: Where the company requires an employee to retire at 65 or more, your Manager will write, no longer than 12 months and no less than 6 months prior to the intended retirement date, advising of this. You have the right to request to extend your employment period. If you would like to extend your employment period despite being advised of a retirement date, you should write to your Line Manager to request to stay on no less than 3 months prior to the retirement date specified. If you do not wish to extend your employment or fail to request to extend your employment less than 3 months prior to your retirement date, your retirement will proceed at the specified date.
Stage 2: The company has a duty to consider any request to extend the employment period. If you request an extension of your employment period, you will be invited to a meeting to discuss the request. The meeting will be with [your Line Manager]. In considering the request to extend your employment, the company will base the decision upon factors such as your performance, capability, health, attendance, timekeeping and disciplinary record and the Companyâ€™s operational and staffing requirements. Where possible, [your Line Manager] will advise you of his/her decision at the meeting and confirm the decision in writing. Your request may be denied, granted but with a specified time limit agreed or imposed, or granted with no specified time limits agreed or imposed. If your request is granted, it will be subject to 6 monthly reviews. Where the employment period is extended, your terms and conditions will be unaffected unless both parties agree to any variations (e.g. hours of work, duties, etc). Stage 3: Where [your Line Manager] has not agreed to extend your employment period, you have the right to appeal the decision. If you wish to appeal, you should write to your [Line Manager] as soon as possible after you receive the letter refusing your request to stay on. The appeal meeting will be held by a more senior member of the Company administration who not previously been involved in the decision to refuse your request. Where possible, the person holding the meeting will advise you of his/her decision at the meeting and confirm the decision in writing. The possible outcomes of the appeal meeting are as set out at Stage 2 above. If the appeal is denied your right of appeal is exhausted and the retirement date specified will be your last day of work at the Company.
APPENDIX 1 - AGREEMENT CERTIFICATION I confirm that I have read all of the policies in the Companyâ€™s staff handbook and agree to comply with them in full. Signed:
Name [IN BLOCK CAPITALS]: Please return this form to your Line Manager when you have signed and dated it.