Company Handbook
Version 1.0
(Confidential) The Alma Inn & Dining Rooms
Table of Contents
- Introduction …………………………………………………………………………………………….. 6
- Company history ………………………………………………………………………………. 6
- General information ………………………………………………………………………………… 7 2.1 Your training and development ………………………………………………………… 7
- Personal property ……………………………………………………………………………… 8
3 Conduct at work ………………………………………………………………………………………. 9 3.1 Confidentiality …………………………………………………………………………………… 9
3.2 You are the Company ………………………………………………………………………… 9
3.3 Time keeping …………………………………………………………………………………….. 9
3.4 Co-operation and teamwork ……………………………………………………………. 10
3.5 Personal and business telephone calls ……………………………………………… 10
3.6 Gifts and Hospitality Policy …………………………………………………………….. 10
4 Health and Safety ………………………………………………………………………………….. 11 4.1 General H & S Policy ……………………………………………………………………….. 11
4.2 Eye testing ……………………………………………………………………………………….. 12
4.3 Fire Procedure …………………………………………………………………………………. 12
4.4 Smoking Policy ………………………………………………………………………………… 13
4.5 Alcohol and drugs …………………………………………………………………………… 13
- COVID-19 Health & Safety Information ………………………………………………. 15 5.1 What is Coronavirus? ………………………………………………………………………. 15
- ‘Extremely Vulnerable’ People ………………………………………………………… 15
- What are the symptoms? …………………………………………………………………. 16
- What to do if you develop symptoms: …………………………………………….. 16
- Treating Coronavirus symptoms at home: ………………………………………. 16
- You must self-isolate for at least 10 days if: ……………………………………… 16
- You can stop self-isolating after 10 days if either: …………………………….. 17
- Keep self-isolating if you feel unwell ……………………………………………….. 17
- Close contacts ………………………………………………………………………………….. 17
- In the Workplace ……………………………………………………………………………… 20
6 Emergency Protocol / Business Continuity Plan …………………………………… 21
6.1 Infectious Disease Procedure …………………………………………………………… 22
- Pandemic Contingency Plan Policy ……………………………………………………….. 23 7.1 Introduction …………………………………………………………………………………….. 23
7.2 Procedure ………………………………………………………………………………………… 23
8 Policy on Controlling the Risk of Infectious Diseases in the Workplace 25
8.1 Introduction …………………………………………………………………………………….. 25
8.2 Procedure ………………………………………………………………………………………… 26
9 Data Protection Policy (UK General Data protection Regulation (UK GDPR) ……………………………………………………………………………………………………………. 27
9.1 Introduction ……………………………………………………………………………………… 27
- CCTV Policy ……………………………………………………………………………………….. 32 10.1 Introduction ……………………………………………………………………………………… 32
- Purpose of CCTV ……………………………………………………………………………… 32
- Covert recording ………………………………………………………………………………. 33
- Operation …………………………………………………………………………………………. 33
- Image Viewing & Download Procedure …………………………………………… 34 10.6 Breaches of this Policy ………………………………………………………………….. 35
- Overview of System …………………………………………………………………………. 35
- Access to Images Individual Access Rights ………………………………………. 36
- Retention & Disposal ……………………………………………………………………….. 37
- Complaints …………………………………………………………………………………… 37
- Grievance Procedure …………………………………………………………………………… 38 11.1 Introduction ……………………………………………………………………………………… 38
- Mediation …………………………………………………………………………………………. 38
- The right to be accompanied ……………………………………………………………. 38
- Formal Grievance Procedure ……………………………………………………………. 40
- Appeal ……………………………………………………………………………………………… 41
- Disciplinary Procedure ……………………………………………………………………….. 42 12.1 Introduction ……………………………………………………………………………………… 42
- Investigation …………………………………………………………………………………….. 42
- Procedure …………………………………………………………………………………………. 43
- The Disciplinary Hearing …………………………………………………………………. 44
- Disciplinary Action ………………………………………………………………………….. 45
- Appeal ……………………………………………………………………………………………… 46
- Gross misconduct ……………………………………………………………………… 47
- Short service employees …………………………………………………………………… 47
- Capability Procedure ………………………………………………………………………….. 48 13.1 Informal Stage ………………………………………………………………………………….. 48
- Formal Stages …………………………………………………………………………………… 48
- Ill-health / Poor Attendance …………………………………………………………….. 50
- Notification & Representation ………………………………………………………….. 50
- Right of Appeal ………………………………………………………………………………… 50
- Whistleblowing Policy ……………………………………………………………………….. 51 14.1 Principles …………………………………………………………………………………………. 51
- Procedure …………………………………………………………………………………………. 51
- Exclusions ………………………………………………………………………………………… 53
- Redundancy Policy …………………………………………………………………………….. 54 15.1 Selection criteria ……………………………………………………………………………….. 54
- Time off work for training or to look for a new job ………………………….. 55
Issued: July 2021 (Confidential) The Alma Inn & Dining Rooms
- Redundancy payments ……………………………………………………………………. 55
- Pension ……………………………………………………………………………………………. 55
- Data protection ………………………………………………………………………………… 55
- Alternative employment ………………………………………………………………….. 55
- Payment on termination ………………………………………………………………….. 56
- Appeal …………………………………………………………………………………………….. 56
- Equality and Diversity Policy …………………………………………………………….. 57 16.1 Overall Policy ………………………………………………………………………………….. 57
- Equality Action Points …………………………………………………………………….. 57
- Preventing Bullying, Harassment and Victimisation ……………………….. 57
- Complaints procedure ……………………………………………………………………… 58
17 Holidays ……………………………………………………………………………………………… 60 17.1 Annual holidays ………………………………………………………………………………. 60
17.2 Procedure for booking holidays ………………………………………………………. 60
- Sickness and Time-Off ………………………………………………………………………. 61 18.1 Time off for Medical and Dental Appointments ………………………………. 61 18.2 Absence Management Policy …………………………………………………………… 61
- Repeated or Long-term Sickness Policy …………………………………………… 62
- Time off for dependants …………………………………………………………………… 63
- Compassionate Leave ………………………………………………………………………. 64
- Parental Bereavement Leave ……………………………………………………………. 64
- Jury service ………………………………………………………………………………………. 67
- Public Duties ……………………………………………………………………………………. 67
- Retirement ……………………………………………………………………………………….. 67
- Family Friendly Policies …………………………………………………………………….. 68 19.1 Maternity leave ………………………………………………………………………………… 68
- Paternity leave …………………………………………………………………………………. 69
- Parental leave ………………………………………………………………………………….. 69
- Adoption leave ………………………………………………………………………………… 70
- Flexible Working ……………………………………………………………………………… 70
The Alma Inn & Dining Rooms
1 Introduction
Welcome to The Alma Inn and Dining Rooms. The aim of this handbook is to give you useful information about working for the Company.
The handbook provides general information relating to your employment. The contents of this handbook are not part of your contract of employment and can be amended from time to time as the need arises.
1.1 Company history
The Alma Inn and Dining Rooms has been at the centre of Harwich life since the 1850s serving ale to the citizens, sailors, soldiers and farmers of the wind that passed through. We offer food seven days a week.
Version:
2 General information
2.1 Your training and development
Alma Harwich firmly believes that people at all levels in the company should be given the appropriate training to do their jobs to the best of their ability.
Through performance and development reviews, you will be given the opportunity to discuss your personal development needs to help you in your job and to assist with future career progression in the company.
Methods of training will vary but will typically include the following:
- On the job practice
- Seminars or courses
- Open learning
- Workshops
- Formal and professional training
2.1.1 Your Appraisal
Appraisals are carried out once a year by management with all members of staff. They enable you and your manager to discuss your levels of performance, through review of past performance and discussion of future development of your potential.
Appraisals are aimed at:
- Enabling individuals to improve their performance
- Identifying any areas of difficulty
- Developing the potential of individual members of staff
- Helping to identify training and development needs for the individual
- Identifying changes in the organisation of the Company
- Enhancing communication between management and staff
- Improving management of the organisation as a whole
Appraisal is a two-way process between the manager and the member of staff; both contribute to it and both can learn from it. Achievements are recognised, difficulties explored, and plans made or adjusted.
Appraisal is part of a process involving feedback, monitoring and review. Members of staff should also feel that they can turn to their manager for advice, support and guidance at any time.
The Appraisal Interview
- A specific time is agreed for the appraisal giving staff plenty of notice
- A simple questionnaire is provided to staff so that they prepare for the appraisal
This looks at areas of responsibility, successes, difficulties, goals and actions taken to reach those goals.
- When the interview is over, action priorities and time-scales are agreed
- The manager summarises the interview in writing within a few days of the appraisal and agrees this with the member of staff
- Progress is monitored at regular intervals
2.1.2 Training requests
Any training requests should be discussed in the first instance with your Manager. The Company will consider training requests before communicating its decision.
Where training may have significant costs associated, you may be required to complete a training fees agreement. By signing the training fees agreement you would be confirming that the Company may deduct all the fees or a percentage of the training fees paid, or a specified sum of money, should you decide to end your employment of your own accord or are dismissed for reasons of gross misconduct within the time period specified on the agreement.
2.2 Personal property
It’s never a good idea to bring valuable items to work unless you can keep them with you. If you need to bring anything valuable, ask your Manager if the Company can put it in a safe place for you. Otherwise the Company cannot accept responsibility for any loss or damage.
3 Conduct at work
3.1 Confidentiality
While working for the Company you will deal with confidential information such as customer records, plans and technical specifications.
It could be harmful to the Company if some of this information were to get into the hands of a competitor.
Customers often trust us by telling us things they don’t want their competitors to know about.
At first you may not know the difference between confidential and non confidential information.
The following guidelines will help you avoid problems:
- Only talk about a customer’s affairs with that customer or with your colleagues at work
- Don’t talk about one customer with another
- Don’t discuss customers with suppliers, or sales reps
- Don’t leave information lying about where it could be seen by visitors
- If you have a desk or work area, keep it tidy and put paperwork away when you have finished using it
- If you have to throw paperwork away, make sure it’s shredded if it contains any information about the Company or customers
- Don’t take any Company or customer paperwork off site unless you have permission from your Manager
3.2 You are the Company
How we act and dress at work says a lot to outsiders about our Company. Every time you deal with a customer or enquiry, to that person you are the Company. That’s why it’s important to create the right impression. It is therefore important to the Company that you are smart and polite and helpful to customers and colleagues. Where a uniform is worn, you are expected to wear it at all times, when on duty. Persistent offenders of uniform regulations will be subject to the disciplinary procedure.
3.3 Time keeping
Your normal working hours are set out in your contract of employment.
We want you to be punctual and ready to work at your start time because your colleagues will be depending on you.
If, for any reason you are unable to attend work or are going to be late, you must tell your Manager as soon as you can and no later than one hour before your normal start time. Unless you are incapacitated you should always phone your Manager yourself. Don’t ask someone else to do it for you.
3.4 Co-operation and teamwork
It is important for the effective running of the business that you are a good team-player and help out in other sections if you are asked to. This can happen if there are staff shortages or a heavy workload.
3.5 Personal and business telephone calls
While the time for personal calls, e-mails and personal business is outside working hours, the Company will allow important personal calls to be made or taken if they are kept to a minimum.
Please keep your personal mobile phone switched off during working hours except during lunch breaks or other official breaks.
3.6 Gifts and Hospitality Policy
The Corporate Bribery Act 2010 affects all UK businesses and also their subsidiaries and suppliers.
The Act criminalises the giving and receiving of bribes (however small) in order to influence improper conduct and, should the Company be found liable for allowing acts of bribery, we would face an unlimited fine.
As an employee you should be aware that if you are found to be participating in acts of bribery, either by giving or receiving gifts or hospitality, you could also face an unlimited fine and imprisonment of up to 10 years.
Therefore, when accepting any gifts from supplier companies or customers it is essential that you do not act in a way that might compromise your personal judgement or integrity. Gifts should never be allowed to influence business decisions.
You are not permitted to accept high value gifts or monetary gifts under any circumstances and must politely decline any such offered gifts explaining that Company policy does not permit acceptance.
Gifts to the value of £50 or less e.g. box of chocolates, bottle of wine, pens, or other stationery may be accepted. Where gifts or hospitality are accepted, you must notify your Manager who will record the gift on the Company’s gift log.
Any breach of this policy will result in disciplinary action being taken which may lead to your dismissal, dependent upon the circumstances.
4 Health and Safety
Health and Safety is one of management’s most important responsibilities.
4.1 General H & S Policy
The Company’s general policy is to:
- Prevent accidents and injuries by assessing and controlling health and safety risks
- Provide safe, healthy working conditions, and safe equipment
- Train and instruct employees to work safely
- Consult with employees about their health and safety
4.1.1 Risk assessments
To prevent accidents or ill-health, management has a duty to carry out risk assessments. The purpose of a risk assessment is to decide if safety action is needed, such as:
- Changing the method of work to a safer one
- Repairing or replacing unsafe equipment
- Training people in safe methods of working
4.1.2 In the Event of an Accident
An Accident Book is available from your line manager and it is the responsibility of each individual employee to report and record any accident involving personal injury. Any accident or near miss occurrence (i.e. no one was injured but the incident had the potential to injure or kill) at work should be reported immediately to your line manager.
All employees who are absent from work following an accident must complete a self-certification form, which clearly states the nature and cause of the injury.
For any employee who suffers an injury at work which results in them being away from work, or unable to do their normal work, for three days or more (including weekends, rest days or holidays) it is important that your manager is informed as the Health and Safety Executive also need to be informed by the Company. Form 2508 (available from www.riddor.gov.uk/f2508.dot) should be completed in conjunction with your line manager. Employees are not expected to complete these forms themselves.
4.1.3 First Aid
The Company believes that best practice is to ensure staff has access to a trained First Aider or Appointed Person (someone who can take charge in the event of an accident). Details of these trained staff will be displayed on your local notice board or from your line manager and you should familiarise yourself with names and contact details.
4.1.4 Your responsibilities
You have legal responsibilities for Health and Safety too.
Your main responsibility is to look after your own Health and Safety and other people who may be affected by what you do.
Should you be involved in an accident, please report it to your manager. Ensure you record any major or minor accidents in the accident book.
Failure to record details will reduce any liability claims that you may bring against the company as a result of any injury.
4.2 Eye testing
If you spend much time at work looking at a computer screen, it is wise to have your eyes tested regularly.
If you are classed as a DSE (display screen equipment) user you are entitled to free eyesight testing. You can have a test when you first start work, and then at regular intervals, or anytime you experience eye problems. Your optician will recommend how frequently you should have your eyes tested.
If you qualify for a free eye-test please ask your manager to authorise it before you arrange an appointment with your optician. When you pay for your test please obtain a receipt so that you can be reimbursed for the cost.
If your eye-test shows that you need special spectacles for screen work (and normal spectacles should not be used) then you are entitled to a pair of free spectacles. The Company will cover the cost of a basic pair of spectacles for screen use. You can have a more expensive pair if you pay the additional amount.
4.3 Fire Procedure
Employees should follow these steps to help prevent fires:
- Before you use any electrical appliances carry out a quick check to make sure that the cables, plugs etc. are not damaged.
- Do not use any electrical equipment that shows signs of damage, even if you think it is only minor. Report any faults you find to your line manager and find an alternative appliance.
- Ensure that you place your rubbish in the proper waste bins. Do not overfill the bins and ensure that your waste bin is accessible to the cleaners at the end of each day.
Action to take when the fire alarm goes off:
- Immediately stop what you are doing and walk (do not run) to the nearest available safe fire exit. If your nearest exit/route is obstructed, choose another route. Make sure that you are aware of the fire exits and routes in your area.
- Follow the instructions of your designated Fire Warden.
- Direction signs should indicate the route to your fire exit. These comprise a white arrow on a green background sometimes accompanied by the words ‘FIRE EXIT’ and also a pictogram of a running man. The arrows indicate the direction of the nearest fire exit.
- Do not use a lift to leave the building – always use designated stairs.
- Make your way to the appropriate assembly point.
- Once you are at the assembly point you should report to the Fire Warden, so that they can account for the people in their designated area.
- Do not leave the designated assembly point, or attempt to re-enter the building, until you have been instructed to do so by the Fire Warden.
Action to take if you discover a fire:
- RAISE THE ALARM! This can be achieved by breaking the glass on the call points or by shouting the instruction “Fire – call the fire brigade”.
- Raise the alarm even if your building is fitted with an automatic fire alarm system, which has not yet activated – you must not wait for it to do so of its own accord. The alarm must be raised for every occurrence of a fire, no matter how small it appears to be. This will ensure that people in the building have adequate notice to evacuate should it begin to spread quickly. In addition, modern furnishings may allow the fire to develop unnoticed, so time is of the essence if everyone is to get out safely.
- Call the fire brigade at the earliest available, and safe, opportunity and do not attempt to tackle the fire unless you have been appropriately trained and can safely do so e.g. a small fire in a wastepaper basket. Unless you have been trained you could be putting yourself or somebody else at risk.
4.4 Smoking Policy
- All areas of the establishment are non-smoking areas.
- Smoking is only allowed outside the Alma Inn and in designated areas.
- Smoking in a non-smoking area is a serious disciplinary offence.
- These rules include E-Cigarettes ‘Vaping’.
4.5 Alcohol and drugs
For obvious health and safety reasons, your fitness to work must never be impaired by alcohol or illegal drugs.
It is strictly forbidden to consume alcohol or illegal drugs while at work or to report for work under the influence of alcohol or illegal drugs.
If you smell of or seem to be under the influence of alcohol or illegal drugs during work time, the Company reserves the right to suspend you from work immediately, pending an investigation which may lead to disciplinary action
If you have an alcohol or drug addiction problem, the Company will aim to provide you with sympathetic support.
4.5.1 Alcohol
The Company’s policy on alcohol is that while you are at work you must be below the legal drink-driving level. If you are unfit to drive safely, you are unfit to work safely.
If your work involves driving or brings you into contact with the public or visitors, you should not drink alcohol before or during your shift.
4.5.2 Drugs
The possession use or distribution of drugs for non-medical purposes on Company premises is strictly prohibited.
If your doctor prescribes you drugs which may affect your ability to perform your work, you should discuss the problem with your Line Manager.
If the Company suspects you have breached the prohibition on drugs or your work performance or conduct has been impaired through such abuse, the disciplinary procedure may be invoked. Such breaches are likely to be deemed to be gross misconduct and you may be dismissed.
The Company reserves the right to search you or any of your property held on Company premises at any time, if there are reasonable grounds to believe that the prohibition on substances is being or has been infringed.
If you refuse to comply with these search procedures, your refusal will normally be treated as a disciplinary matter.
The Company has a public duty to inform the police of any suspicions it may have with regard to the use of controlled drugs by its employees on the Company’s premises.
5 COVID-19 Health & Safety Information
5.1 What is Coronavirus?
It is a new and very infectious virus that mainly affects the respiratory tract. In most cases it will cause mild or moderate symptoms and people will recover without any special attention. However, in some people, particularly those over 70 years old, or with underlying medical conditions such as Asthma, COPD, Diabetes or a poor immune system, it can cause more serious symptoms e.g. breathing difficulties or pneumonia which will require medical treatment in hospital. These people have been classed as ‘vulnerable’ by the Government and have been advised to be extra careful.
5.2 ‘Extremely Vulnerable’ People
Definition of clinically extremely vulnerable groups
People who are defined as clinically extremely vulnerable are at very high risk of severe illness from COVID-19.
There are 2 ways you may be identified as clinically extremely vulnerable: 1. You have one or more of the conditions listed below, or
Your hospital clinician or GP has added you to the shielded patients list because, based on their clinical judgement, they deem you to be at higher risk of serious illness if you catch the virus.
- Solid organ transplant recipients or those with specific cancers:
- people with cancer who are undergoing active chemotherapy
- people with lung cancer who are undergoing radical radiotherapy – people with cancers of the blood or bone marrow such as leukaemia, lymphoma or myeloma who are at any stage of treatment – people having immunotherapy or other continuing antibody treatments for cancer
- people having other targeted cancer treatments that can affect the immune system, such as protein kinase inhibitors or PARP inhibitors – people who have had bone marrow or stem cell transplants in the last 6 months or who are still taking immunosuppression drugs
- those with severe respiratory conditions including all cystic fibrosis, severe asthma and severe chronic obstructive pulmonary disease (COPD)
- those with rare diseases that significantly increase the risk of infections (such as severe combined immunodeficiency (SCID), homozygous sickle cell disease)
- those on immunosuppression therapies sufficient to significantly increase risk of infection
- adults with Down’s syndrome
- adults on dialysis or with chronic kidney disease (stage 5)
- pregnant women with significant heart disease, congenital or acquired
In the future, the government will only reintroduce formal shielding advice in the very worst affected local areas and for a limited period of time. This will only apply to some, but not all,. The government will write to you separately to inform you if you are advised to shield. You are not advised to follow formal shielding advice again unless you receive a new shielding notification advising you to do so. This is the link to the current guidance for extremely vulnerable people:
https://www.gov.uk/government/publications/guidance-on-shieldingand-protecting- extremely-vulnerable-persons-from-covid-19/guidanceon-shielding-and-protecting- extremely-vulnerable-persons-from-covid-19
5.3 What are the symptoms?
The main symptoms are a high temperature of 37.8°C or more and/or a new and continuous dry (no phlegm) cough and/or a loss of or change in the sense of smell or taste. With regard to the cough – this means coughing a lot for more than an hour, or 3 or more coughing episodes in 24 hours (if you usually have a cough, it may be worse than usual).
5.4 What to do if you develop symptoms:
To protect others, do not go to places like a GP surgery, pharmacy or hospital. Stay at home and self-isolate for no less than 10 days. You should apply for a test (see below for instructions on how to do this) and you can use the 111 online coronavirus service for advice. Only call 111 if you cannot get help online.
PLEASE ADVISE YOUR MANAGER IF YOU, SOMEONE YOU LIVE WITH, OR SOMEONE YOU HAVE BEEN IN CLOSE CONTACT WITH DEVELOPS SYMPTOMS AND YOU HAVE TO SELF ISOLATE.
Self-Isolation for people with symptoms:
If you have symptoms of coronavirus (COVID-19), you should ask for a test to check if you have the virus (see next section) and self-isolate whilst you wait for the result of the test.
5.5 Treating Coronavirus symptoms at home:
- Rest and sleep
- Drink plenty of water to avoid dehydration – drink enough so your
- urine is light yellow and clear
- Take paracetamol or Ibuprofen to lower your temperature.
- If you feel you cannot cope with your symptoms at home or your condition gets worse call NHS 111. For a medical emergency call 999.
5.6 You must self-isolate for at least 10 days if:
- you have symptoms of coronavirus and tested positive, had an unclear result or did not have a test.
- you tested positive but have not had symptoms. You must self-isolate for at least 10 days, starting from the day the test was taken. If you develop symptoms during this isolation period, restart your 10-day isolation from the day you developed symptoms.
- The 10 days starts from when your symptoms started
5.7 You can stop self-isolating after 10 days if either:
- you do not have any symptoms
- you just have a cough or changes to your sense of smell or taste
- these can last for weeks after the infection has gone.
5.8 Keep self-isolating if you feel unwell
- a high temperature or feeling hot and shivery
- a runny nose or sneezing
- feeling or being sick
- diarrhoea
- Only stop self-isolating when these symptoms have gone.
- If you have diarrhoea or you’re being sick, stay at home until 48 hours after they’ve stopped.
5.9 Close contacts
If you live or have been in close contact with someone who has symptoms or tested positive
You must self-isolate for 10 days if you live with (or are in a support bubble with) or have had ‘close contact’ with someone who:
- has symptoms of coronavirus and tested positive, had an unclear result or did not have a test;
- tested positive but has not had symptoms.
The 10 days starts the day after:
- when the first person in your home or support bubble started having symptoms or
- the day they were tested, if they have not had symptoms
This is because it can take 10 days for symptoms to appear. You can stop self-isolating after 10 days if you do not get any symptoms.
Keep self-isolating and get a test if you get symptoms.
If your test is positive, you must self-isolate for 10 days from when your symptoms started.
Testing for Covid-19
If you have symptoms of coronavirus (COVID-19), you must ask for a test to check if you have the virus. This is called an antigen test. The tests are not suitable for children under 5 years old. You need to have the test in the first 5 days of having symptoms. It’s best to ask for the test as soon as you have symptoms as it may take a day or two to arrange. You can book a test online (link below) or call NHS 119.
What the test involves
The test usually involves taking a swab of the inside of your nose and the back of your throat, using a long cotton bud.
This is the link to the NHS website where you can request a test. Click on the link and follow the instructions.
Ask for a coronavirus test
You’ll be asked how you want to get the test – you may be able to choose between driving to a regional testing site or getting a home test kit.
NHS Test and Trace:
You will be contacted by the NHS Test and Trace service if you test positive for coronavirus (COVID-19).
You’ll be asked where you’ve been recently and who you’ve been in close contact with. This will help the NHS contact anyone who may have caught the virus from you. You’ll be contacted by email, text or phone.
Text messages will come from NHS tracing. Calls will come from 0300 0135000.
Children under 18 will be contacted by phone wherever possible and asked for their parent or guardian’s permission to continue the call.
What you’ll be asked to do
You’ll be asked to sign into the NHS Test and Trace contact tracing website at https://contact-tracing.phe.gov.uk.
On the contact tracing website, you’ll be asked for information including:
- your name, date of birth and postcode
- if you live with other people
- any places you’ve been recently, such as a workplace or school
- names and contact details of any people you were in close contact with in the 48 hours before your symptoms started (if you know these details)
If you cannot use the contact tracing website, you’ll be asked for this information over the phone.
All information you provide to the NHS Test and Trace service is confidential.
No one who is contacted will be told your identity.
Anyone you’ve been in close contact with will be told to stay at home (selfisolate) for 10 days. This is because it can take up to 10 days for coronavirus symptoms to appear.
NHS Test and Trace: if you’ve been in contact with a person who has coronavirus
If you’re contacted and told that you’ve been in contact with a person who has coronavirus you will be told:
- stay at home (self-isolate) for 10 days starting the day after you were last in contact with the person – it can take up to 10 days for symptoms to appear
- do not leave your home for any reason – if you need food or medicine, order it online or by phone, or ask friends and family to drop it off at your home
- do not have visitors in your home, including friends and family – except for essential care
- try to avoid contact with anyone you live with as much as possible
- people you live with do not need to self-isolate if you do not have symptoms
Government guidance about what you can and can’t do during the Covid-19 Pandemic is changing frequently. Below is a link to the Government website that explains clearly what the current guidelines are which tier your area is in and what you can and can’t do. This page is updated every time changes are made. The last changes came into effect on 20th December. Updates will appear here frequently as information changes.
Coronavirus (COVID-19): guidance and support – GOV.UK (www.gov.uk)
The number of Covid-19 cases being reported across the country is still high which means the virus is circulating widely and infecting thousands of people every day in the UK with hundreds of people dying from this disease on a daily basis. Therefore, it is essential that you comply with Government advice to try to reduce the number of infections and keep yourself, your friends, colleagues and families safe.
How to stop infection spreading:
- Maintain social distancing according to Government guidelines and advice.
- Wash your hands with soap and water often – do this for at least 20 seconds. Please follow this link to see a video of how to wash your hands effectively.
https://www.nhs.uk/live-well/healthy-body/best-way-to-wash-yourhands/
- Use hand sanitiser gel if soap and water are not available
- Cover your mouth and nose with a tissue or your sleeve (not your hands) when you cough or sneeze
- Put used tissues in the bin immediately and wash your hands afterwards
- Do not touch your eyes, nose or mouth if your hands are not clean
- Use a face covering where advised to do so – this link tells you how to wear and/or make a face covering:
https://www.gov.uk/government/publications/face-coverings-when-towear-one-and-how- to-make-your-own/face-coverings-when-to-wearone-and-how-to-make-your-own
5.10 In the Workplace
- Strictly adhere to local procedures and advice re: maintaining the designated social distance from other people and comply with any processes for social distancing e.g. floor markers, door signage, room occupancy limitations etc. If you feel you may not be able do this inform your manager immediately.
- Use hand sanitiser frequently as you enter site, when you enter buildings or offices on site and as you leave site
- Wash your hands frequently whilst at work, particularly after touching surfaces that other people may have touched e.g. door handles, handrails, kitchen utensils, photocopiers, telephones etc.
- Use the PPE provided and/or recommended. If it is single use, dispose of it properly afterwards (check the protocol for your area) e.g. face masks, gloves, paper coveralls. Clean/disinfect PPE that can be reused e.g.
goggles/B.A. equipment.
- Keep your personal workspace clean and tidy. Use disposable wipes to clean the things that you touch frequently e.g. your telephone, desk and keyboard, chair arms, work top etc.
- Comply with and participate in any screening processes that may have been implemented e.g. temperature checks (screening tests may vary by business/site).
We want you to remain healthy and safe so please follow the information provided in this guidance sheet. If you require more information about Coronavirus Covid-19 please go to the two links below:
6 Emergency Protocol / Business Continuity Plan
Fire procedures are displayed in prominent positions, on notice boards, around the workplace. They include the identity of appointed Fire Marshals, emergency exits, the location of muster points and other procedural details. All employees must ensure that they are familiar with the emergency procedures in order to minimise the risks to life in the event of an emergency situation caused by fire.
You should familiarise yourself with all emergency escape routes, the location and types of firefighting equipment available and how to use it.
There are appointed Fire Marshals in each area of the building; it is their responsibility to instigate and coordinate the effective evacuation of the area in the event of an emergency requiring immediate evacuation. If the fire alarm sounds, you must follow their instructions. Once the building is clear a register will be taken to ensure all employees are accounted for. This will also be done from Planday so it is therefore important to punch in and out.
It is important to practice fire procedures to ensure that they remain effective and practice evacuations will take place periodically. These drills should be treated seriously and as real fire emergencies by all employees.
If you have issues which will affect your ability to evacuate the building you should inform the Fire Warden who will arrange for assistance.
If an employee discovers a fire, they should:
- raise the alarm, operate the nearest call point
- inform the responsible person of the location of the fire
- only fight a fire if you are trained or are competent to do so
- do not put yourself or others at risk by stopping to fight a fire.
If an employee hears the activation of the fire alarm, they should:
- do as instructed by Fire Marshals
- evacuate in a timely manner without delaying to retrieve personal items
- do not hinder other people’s evacuation
- do not use lifts
- remain calm, walk quickly and do not run
- remain at your muster point until instructed otherwise
- do not re-enter the building until instructed by a Fire Marshal.
Bomb scare procedures
Upon discovery of a suspicious object, package or threat of an explosive device you must be ready to assess the risks to yourself and others in the area. Following assessment of the situation you must decide on appropriate actions and act accordingly.
Telephone Warnings
If an employee is made aware of a bomb scare by telephone, they should:
- ensure they allow the caller to deliver the full message, stay calm, do not interrupt them before engaging in conversation
- keep the caller on the phone for as long as possible whilst attracting the attention of a colleague
- inform the colleague in a discreet manner, indicating them to inform the responsible person
- take note of anything about the caller that may be useful to the authorities including; accents, sex, any background noises and the type of language used
- the responsible person will instigate appropriate action with guidance from the emergency services.
Suspicious objects/packages
If an employee is the recipient of a suspicious object or a package, they should:
- evacuate people in the immediate vicinity of the device/package and ensure that no one tampers with it
- inform the responsible person of the issue immediately.
Evacuation procedure
If an evacuation is deemed to be appropriate, Fire Marshals will instigate the evacuation procedure. It is important that you listen to their instruction as the evacuation plan may change depending on the nature of the threat.
Make sure that their instructions are followed as this evacuation may have been instigated by the emergency services.
6.1 Infectious Disease Procedure
Where it is recognised by the World Health Organisation or the Government that an infectious disease creates a public health emergency, the Company will assess the risk posed to its workforce by the disease.
At all times, Government advice will be taken on managing our employees in relation to infection control, overseas travel, isolation periods and other relevant matters.
With regard to the severity of the risk, we may decide to:
- stagger start and finish times so that fewer people are together at once
- cancel non-essential overseas travel to affected areas across the world
- cancel non-essential training sessions
- deal with clients/customers by phone and email
- if face to face meetings must take place, ensure that facilities are suitable to minimise the spread of infection e.g. allowing a distance of more than one metre between participants
- deploy greater levels of flexibility including permitting employees who are usually office based to work from home.
Employees have a role to play in ensuring that the risk of infection is kept at an absolute minimum, and must themselves stick to Government guidance in relation to overseas travel etc.
7 Pandemic Contingency Plan Policy
7.1 Introduction
The Company recognises the need to have a separate pandemic recovery plan and procedure. The reason for this is that a general continuity recovery plan focuses on a short-term recovery programme whereas, for example, in circumstances where a public health emergency is confirmed such as the Coronavirus, the effects of the pandemic could last many months.
The following procedure sets out the contingency measures that the Company will bring into effect in the event of a pandemic.
The procedure aims to ensure that the Company will be able to operate its business to the best of its abilities in such an event while protecting, as far as is reasonably possible, its employees.
7.2 Procedure
Departmental managers are responsible for ensuring that employees understand the Company’s pandemic recovery plan policy and procedure. Employees are responsible for familiarising themselves with the procedure and should speak to their departmental manager should they have any questions.
The Company will identify a Pandemic Crisis Management Team. The team will consist of employee representatives from throughout the Company and will include members of both senior and middle management.
Members of the Pandemic Crisis Management Team will be trained in how to respond to a pandemic. In the event of a pandemic, members of the team will be expected to exercise leadership and make operational and business decisions, in the absence of senior and operational managers.
As a contingency measure, employees will be trained in various functions to ensure that adequate cover is provided in different roles.
A pandemic communications strategy will be developed to ensure that employees are provided with up-to-date and accurate information on the status of the pandemic. Information will be provided to employees via Planday, e-mail and, where possible, through team meetings. As well as other important information, employees will be briefed on the symptoms of the virus and who to contact should they believe they, or a colleague, has the virus. Employees will also be provided with instructions regarding personal hygiene to avoid spread of the virus.
The Company’s leave and absence policies will be reviewed as the status of the pandemic changes. This includes the Company’s policies on sickness absence, time off for dependants and bereavement leave.
Employees may be required to observe several measures put in place by us to keep the risk of infection to an absolute minimum. Whilst advice will be published at the time in question to ensure it is specific to the pandemic, it is likely that rules will include:
- social distancing at work such as maintaining at least one metre distance between participants in essential meetings, avoiding unnecessary travel, cancellation of face-to-face meetings and working from home
- increased levels of hygiene management including keeping hands clean and coughing and sneezing into tissues which are immediately disposed of
- a requirement for employees to adhere to Government guidance on management of symptoms and self-isolation where recommended.
The above policy and procedure will be continuously reviewed and updated to take account of the changing status of a pandemic.
8 Policy on Controlling the Risk of Infectious Diseases in the Workplace
8.1 Introduction
All employees may be at risk of infection, or of spreading infection, especially if their role brings them into contact with blood or bodily fluids like urine, faeces, vomit or sputum. Such substances may contain micro-organisms such as bacteria and viruses which can be spread if staff do not take adequate precautions. Also at risk of spreading infection are those involved in food preparation and handling. It is therefore important that strict hygiene precautions are observed.
Our rules on controlling the risks of infectious diseases must always be followed. However, there may be times when it is more important than ever that they are strictly followed, for example, during the outbreak of a disease such as the Coronavirus.
In order to restrict and reduce the risk of infection in the workplace, the Company will:
- have systems in place that assess the risk of and prevent, detect and control the risk of infection
- designate a lead for infection prevention and control
- ensure sufficient resources are available to secure effective prevention and control of infection
- ensure employees, contractors and other persons who directly or indirectly provide work are provided with suitable information, instruction, training and supervision in the precautions to follow
- information is obtained from and shared with other businesses
- audits are carried out to ensure policies and procedures are being implemented
- a suitable and sufficient risk assessment is carried out with respect to prevention and control of infection
- ensure an appropriate standard of cleanliness and hygiene is maintained throughout the premises and that the premises are maintained in good physical repair and condition
- ensure appropriate standards of cleanliness and hygiene are maintained in relation to equipment
- ensure that a suitable cleaning schedule is in place and followed
- ensure there is suitable and sufficient hand washing facilities and antimicrobial hand rubs where appropriate
- ensure the supply and provision of linen and laundry is appropriate
- ensure suitable information on infections is provided to visitors, including the importance of hand washing by visitors
- ensure information regarding infection is passed on to any other person, as necessary
- ensure individuals who develop an infection are identified promptly and that they receive the appropriate treatment and care
- inform the local health protection unit of any outbreaks or serious incidents relating to infection
- ensure all staff co-operate with our control of infection procedures
- provide regular suitable training, including induction training to all staff on the prevention and control of infection
- keep a record of all training and updates to staff
- ensure prevention and control of infection responsibilities are outlined in employees in job descriptions
- stagger start and finish times so that fewer people are together at once
- cancel non-essential overseas travel to affected areas across the world
- cancel non-essential training sessions
- deal with clients/customers by phone and email
- if face to face meetings must take place, ensure that facilities are suitable to minimise the spread of infection eg allowing a distance of more than one metre between participants
- consider whether employees may work from home
- offer appropriate vaccines to employees and keep a record of relevant immunisations
- ensure the following policies are in place and kept up to date.
8.2 Procedure
The Company will apply the below infection outbreak procedure to control the risk of infectious diseases in the workplace:
- strongly recommend that employees follow any Government guidance published on self-isolation/quarantine
- encourage staff to report symptoms of infectious diseases
- ensure staff who have infectious disease symptoms do not come to work and, in the case of diarrhoea and vomiting, they stay away for at least 48 hours after the symptoms have stopped
- where required, ensure notifiable outbreaks are reported to the relevant authority eg HSE
- co-operate with any investigation by a relevant authority and comply with any investigation findings
- keep the number of employees dealing with affected persons to a minimum and do not allow these employees to be involved with food handling
- prioritise cleaning, paying particular attention to the cleaning and disinfecting of toilets, handles, support handrails, taps and wash basins
- ensure staff pay strict attention to infection control procedures, in particular to the washing of hands and the wearing of protective clothing if required
- provide and use antibacterial hand wash in all hand washing areas and in the rooms of outbreak
- inform visitors of the outbreak and discourage unnecessary visits
- receive external advice, if necessary.
9 Data Protection Policy (UK General Data protection Regulation (UK GDPR)
9.1 Introduction
The Company is committed to being transparent about how it collects and uses the personal data of its workforce, and to meeting its data protection obligations. This policy sets out the company’s commitment to data protection, and individual rights and obligations in relation to personal data.
This policy applies to the personal data of job applicants, employees, workers, contractors, volunteers, interns, apprentices, and former employees, referred to as HR-related personal data. This policy does not apply to the personal data of clients or other personal data processed for business purposes.
The company has appointed Managing Director as the person with responsibility for data protection compliance within the company. They can be contacted at via email. Questions about this policy, or requests for further information, should be directed to them.
Definitions
“Personal data” is any information that relates to a living individual who can be identified from that information. Processing is any use that is made of data, including collecting, storing, amending, disclosing, or destroying it.
“Special categories of personal data” means information about an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life or sexual orientation and genetic and biometric data.
“Criminal records data” means information about an individual’s criminal convictions and offences, and information relating to criminal allegations and proceedings.
Data protection principles
The company processes HR-related personal data in accordance with the following data protection principles:
- The company processes personal data lawfully, fairly and in a transparent manner.
- The company collects personal data only for specified, explicit and legitimate purposes.
- The company processes personal data only where it is adequate, relevant and limited to what is necessary for the purposes of processing.
- The company keeps accurate personal data and takes all reasonable steps to ensure that inaccurate personal data is rectified or deleted without delay.
- The company keeps personal data only for the period necessary for processing.
- The company adopts appropriate measures to make sure that personal data is secure, and protected against unauthorised or unlawful processing, and accidental loss, destruction or damage.
The company tells individuals the reasons for processing their personal data, how it uses such data and the legal basis for processing in its privacy notices. It will not process personal data of individuals for other reasons. If the company wants to start processing HR-related data for other reasons, individuals will be informed of this before any processing begins.
HR-related data will not be shared with third parties, except as set out in privacy notices. Where the company relies on its legitimate interests as the basis for processing data, it will carry out an assessment to ensure that those interests are not overridden by the rights and freedoms of individuals.
Where the company processes special categories of personal data or criminal records data to perform obligations, to exercise rights in employment law, or for reasons of substantial public interest, this is done in accordance with a policy on processing special categories of data and criminal records data.
The company will update HR-related personal data promptly if an individual advises that their information has changed or is inaccurate.
Personal data gathered during the employment, worker, contractor or volunteer relationship, or apprenticeship or internship is held in the individual’s personnel file (in hard copy or electronic format, or both), and on HR systems. The periods for which the company holds HR-related personal data are contained in its privacy notices to individuals.
The company keeps a record of its processing activities in respect of HR-related personal data in accordance with the requirements of the UK General Data Protection Regulation (UK GDPR).
Individual rights
As a data subject, individuals have a number of rights in relation to their personal data.
Subject access requests
Individuals have the right to make a subject access request. If an individual makes a subject access request, the company will tell them:
- whether or not their data is processed and if so why, the categories of personal data concerned and the source of the data if it is not collected from the individual;
- to whom their data is or may be disclosed, including to recipients located outside the UK and the safeguards that apply to such transfers;
- for how long their personal data is stored (or how that period is decided);
- their rights to rectification or erasure of data, or to restrict or object to processing;
- their right to complain to the Information Commissioner if they think the company has failed to comply with their data protection rights; and
- whether or not the company carries out automated decision-making and the logic involved in any such decision-making.
The company will also provide the individual with a copy of the
personal data undergoing processing. This will normally be in electronic form if the individual has made a request electronically, unless they agree otherwise.
If the individual wants additional copies, the company will charge a fee, which will be based on the administrative cost to the company of providing the additional copies.
To make a subject access request, the individual should send the request to the MD or use the company’s form for making a subject access request. In some cases, the company may need to ask for proof of identification before the request can be processed. The company will inform the individual if it needs to verify their identity and the documents it requires.
The company will normally respond to a request within a period of one month from the date it is received. In some cases, such as where the request is complex, it may respond within three months of the date the request is received. The company will write to the individual within one month of receiving the original request to tell them if this is the case.
If a subject access request is manifestly unfounded or excessive, the company is not obliged to comply with it. Alternatively, the company can agree to respond but will charge a fee, which will be based on the administrative cost of responding to the request. A subject access request is likely to be manifestly unfounded if it is made with the intention of harassing the company or causing disruption, or excessive where it repeats a request to which the company has already responded. If an individual submits a request that is unfounded or excessive, the company will notify them that this is the case and whether or not it will respond to it.
Other rights
Individuals have a number of other rights in relation to their personal data. They can require the company to:
- rectify inaccurate data;
- stop processing or erase data that is no longer necessary for the purposes of processing;
- stop processing or erase data if the individual’s interests override the company’s legitimate grounds for processing data (where the company relies on its legitimate interests as a reason for processing data);
- stop processing or erase data if processing is unlawful; and
- stop processing data for a period if data is inaccurate or if there is a dispute about whether or not the individual’s interests override the company’s legitimate grounds for processing data.
To ask the company to take any of these steps, the individual should send the request to the MD.
Data security
The company takes the security of HR-related personal data seriously. The company has internal policies and controls in place to protect personal data against loss, accidental destruction, misuse or disclosure, and to ensure that data is not accessed, except by employees in the proper performance of their duties.
Where the company engages third parties to process personal data on its behalf, such parties do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and company measures to ensure the security of data.
Impact assessments
Some of the processing that the company carries out may result in risks to privacy. Where processing would result in a high risk to individual rights and freedoms, the company will carry out a data protection impact assessment to determine the necessity and proportionality of processing. This will include considering the purposes for which the activity is carried out, the risks for individuals and the measures that can be put in place to mitigate those risks.
Data breaches
If the company discovers that there has been a breach of HR-related personal data that poses a risk to the rights and freedoms of individuals, it will report it to the Information Commissioner within 72 hours of discovery. The company will record all data breaches regardless of their effect.
If the breach is likely to result in a high risk to the rights and freedoms of individuals, it will tell affected individuals that there has been a breach and provide them with information about its likely consequences and the mitigation measures it has taken.
International data transfers
The company will not transfer HR-related personal data to countries outside the UK.
Individual responsibilities
Individuals are responsible for helping the company keep their personal data up to date. Individuals should let the company know if data provided to the company changes, for example if an individual moves to a new house or changes bank details.
Individuals may have access to the personal data of other individuals and of our customers and clients in the course of their employment, contract, volunteer period, internship or apprenticeship. Where this is the case, the company relies on individuals to help meet its data protection obligations to staff and to customers and clients.
Individuals who have access to personal data are required:
- to access only data that they have authority to access and only for authorised purposes;
- not to disclose data except to individuals (whether inside or outside the company) who have appropriate authorisation;
- to keep data secure (for example by complying with rules on access to premises, computer access, including password protection, and secure file storage and destruction);
- not to remove personal data, or devices containing or that can be used to access personal data, from the company’s premises without adopting appropriate security measures (such as encryption or password protection) to secure the data and the device;
- not to store personal data on local drives or on personal devices that are used for work purposes; and
- to report data breaches of which they become aware to the MD immediately.
Failing to observe these requirements may amount to a disciplinary offence, which will be dealt with under the company’s disciplinary procedure. Significant or deliberate breaches of this policy, such as accessing employee or
customer data without authorisation or a legitimate reason to do so, may constitute gross misconduct and could lead to dismissal without notice.
Training
The company will provide training to all individuals about their data
protection responsibilities as part of the induction process and at regular intervals thereafter.
Individuals whose roles require regular access to personal data, or who are responsible for implementing this policy or responding to subject access requests under this policy, will receive additional training to help them understand their duties and how to comply with them.
10 CCTV Policy
10.1 Introduction
The Company is fully committed to operating a safe environment, it therefore has in place a closed-circuit television (“CCTV”) system to assist in providing a safe and secure environment for staff and visitors, as well as protect Company property.
CCTV systems are based around digital technology and therefore need to be treated as information that will be processed under the Data Protection Act 2018, the UK General Data Protection Regulation (UK GDPR) and any subsequent data protection legislation.
The Company will have due regard to the Data Protection Act 2018, the UK General Data Protection Regulation (UK GDPR) and any subsequent data protection legislation, and to the Freedom of Information Act 2000, the Protection of Freedoms Act 2012 and the Human Rights Act 1998. Although not a relevant authority, the Company will also have due regard to the Surveillance Camera Code of Practice, issued under the Protection of Freedoms Act 2012 and in particular the 12 guiding principles contained therein. The Company has produced this policy in line with the Information Commissioner’s CCTV Code of Practice.
The Company system comprises a number of fixed and dome cameras located both internally and externally around the Company site. All cameras maybe monitored and are only available for use by approved members of staff.
The CCTV system is owned by the Company and will be subject to review on an annual basis. The purpose of this Policy is to regulate the management, operation and use of the CCTV system at the Company.
10.2 Purpose of CCTV
The Company has installed a CCTV system to:
- To increase the personal safety of staff and reduce the fear of physical abuse, intimidation and crime
- Protect buildings and its assets to ensure they are kept free from intrusion, vandalism, damage or disruption
- To support the Police in a bid to deter and detect crime
- Assist in prevention and detection of crime
- Assist with the identification, apprehension and prosecution of offenders
- Assist with the identification of actions/activities that might result in disciplinary proceedings against staff.• Monitor security of campus buildings
The system will be provided and operated in a way that is consistent with an individual’s right to privacy.
10.3 Covert recording
Prior to authorisation the requesting applicant must have demonstrated and documented that all reasonable procedures and practices were put in place to prevent suspected illegal or unauthorised activity from taking place.
Any such covert processing will only be carried out for a limited and reasonable period of time consistent with the objectives of making the recording and will only relate to the specific suspected illegal, inappropriate or unauthorised activity.
The decision to adopt covert recording will be fully documented and will set out how the decision to use covert recording was reached and by whom. The Company may require legal advice in approving and assessing the need for covert recording in all instances.
Covert cameras may be used under the following circumstances on the written or electronic authorisation of the Managing Director and Board.
- That informing the individual(s) concerned that recording was taking place would seriously prejudice the objective of making the recording.
- That there is reasonable cause to suspect that illegal activity is taking place or is about to take place or the inappropriate or unauthorised activity is taking place; that may seriously or substantially affect the operation or reputation of the Company.
Unless required for evidential purposes or the investigation of crime or otherwise required by law, covertly recorded images will be retained for no longer than 31 days from the date of recording. A record of data destruction will be made in confirmation on the authorised request to make covert recordings.
The CCTV system will not be used to:
- Provide images to the world wide web
- Record sound
- Disclose to the media
10.4 Operation
The CCTV surveillance system is owned by the Company.
The Security Manager is responsible for the day-to-day operation of the system and ensuring compliance with this policy.
The CCTV system is registered with the Information Commissioner under the terms of the Data Protection Act 2018 and will seek to comply with the requirements of the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR) and the Commissioner’s Code of Practice.
Cameras will be used to monitor activities within the Company buildings and other areas to identify criminal activity actually occurring, anticipated, or perceived, and for the purpose of securing the safety and wellbeing of the occupants within the Company grounds, together with its visitors.
Static cameras will not focus on private homes, gardens and other areas of private property.
Operators of cameras with tilt and pan and zoom capability, staff will not direct cameras at an individual, their property or a specific group of individuals, without verbal authorisation from the Security Manager or deputy unless an immediate response to events is required.
Materials or knowledge secured as a result of CCTV system will not be used for any commercial purpose.
Downloads will only be released to the media for use in the investigation of a specific crime and with the written authority of the police. Downloads will never be released to the media for purposes of entertainment.
The planning and design of the existing CCTV system has endeavoured to ensure that the CCTV system will give maximum effectiveness and efficiency, but it is not possible to guarantee that the CCTV system will cover or detect every single incident taking place in the areas of coverage.
Warning signs, as required by the Code of Practice of the Information Commissioner have been placed at access routes and areas covered by the company CCTV System.
10.5 Image Viewing & Download Procedure
Recordings may be viewed by the police in the presence of the Manager or deputy following a specific data access formal request.
Otherwise permission to view CCTV data will depend on the subject of the potential investigation.
The Manager is authorised to review CCTV recordings to ascertain the circumstances relating to potential incidents involving staff, contractors, visitors/public incidents.
Potential incidents involving staff may be viewed in the presence of the Manager or deputy or a Director and overseen by the Manager using the appropriate data access procedure.
Note: The Manager may take action to secure footage that may relate to an incident involving staff and others until such time that it has been decided that it is required for viewing and/or download or it can be erased.
Should a download be required as evidence, an electronic copy may only be made by the Manager or deputy.
Where this is to be released to the Police this will only be released to the Police on receipt of a completed Data Release Form and sight of their warrant card/proof of identity.
Where this is requested by a Director relating to a staff incident, a CCTV Data Release Form will be completed for the Manager.
CCTV footage may be released for civil proceedings at the written request of a solicitor or insurance company. A CCTV Data Release Form will be completed for the Manager.
All requests for downloads will be retained by the Manager for 12 months or after the incident that the download relates to has been closed.
Downloads requested by other parties and for purposes outside the scope of this policy are not permitted.
10.6 Breaches of this Policy
Any suspected breach of this Policy by Company staff will be considered under the Company’s Disciplinary Policy and Procedures.
10.7 Overview of System
The CCTV system runs 24 hours a day, 7 days a week.
The CCTV system comprises fixed position cameras; pan tilt and zoom cameras; monitors; multiplexers; digital recorders and public information signs.
CCTV cameras are located at strategic points on site, principally at the entrance and exit point for the sites and various buildings, as well as main thoroughfares and common areas throughout the sites.
CCTV signs will be prominently placed at strategic points and at entrance and exit points of the college sites to inform staff, visitors and members of the public that a CCTV installation is in use, its purpose and details of the operator.
Although every effort has been made to ensure maximum effectiveness of the CCTV system; it does not cover all areas and it is not possible to guarantee that the system will detect every incident taking place within the area of coverage.
8. Data Protection Act 2018
For the purpose of the UK General Data Protection Regulation (UK GDPR) the Managing Director is the designated data controller.
CCTV digital images, if they show a recognisable person, are personal data and are covered by the UK General Data Protection Regulation (UK GDPR). This policy is associated with the Company’s UK GDPR Policy, the provisions of which should be adhered to at all times.
The Company has registered its processing of personal data (including CCTV) with the Information Commissioner’s Office (ICO)
Where new cameras are to be installed on Company premises, Part 4 of the ICO’s CCTV Code of Practice will be followed before installation:
- The appropriateness of and reasons for using CCTV will be assessed and documented;
- The purpose of the proposed CCTV system will be established and documented;
- Responsibility for day-to-day compliance with this policy will be established and documented.
10.8 Access to Images Individual Access Rights
The UK General Data Protection Regulation gives individuals the right to access personal information about themselves, including CCTV images.
All requests for access to view/copy CCTV footage by individuals should be made in writing to the Company’s Data Controller.
Requests for access to CCTV images must include:
- The reason for the request
- The date and time the images were recorded
- Information to identify the individual, if necessary
- The location of the CCTV camera
- Proof of Identity
The Company will respond promptly and at the latest within 30 calendar days of receiving the request. If the Company cannot comply with the request, the reasons will be documented. The requester will be advised of these in writing, where possible.
Access to Images by Third Parties
Unlike Data Subjects, third parties who wish to have a copy of CCTV images (i.e. images not of the person making the request) do not have a right of access to images under the UK GDPR, and care must be taken when complying with such requests to ensure that neither the UK GDPR, HRA or the CCTV Policy are breached.
As noted above, requests from third parties will only be granted if the requestor satisfies the following criteria:
- Law enforcement agencies (where the images recorded would assist in a specific criminal enquiry);
- Prosecution Agencies and their Legal Representatives; • Insurance Companies and their Legal Representatives.
All third-party requests for access to a copy of CCTV footage should be made in writing to the Company’s Data Controller.
A law enforcement or prosecution agency is requesting access they should make a request in accordance with the UK General Data Protection Regulations.
10.9 Retention & Disposal
Recorded images will be retained for no longer than 31 days from the date of recording, unless required for evidential purposes or the investigation of crime or otherwise required and retained as a download with the requisite approval form.
All images on electronic storage will be erased by automated system overwriting. All downloads still photographs and hard copy prints will be securely disposed of as confidential waste. The date and method of destruction will be recorded on the bottom of the original approval to copy held by the Security Manager.
10.10 Complaints
Complaints regarding the CCTV system and its operation should be made to the MD.
11 Grievance Procedure
11.1 Introduction
We believe that all employees should be treated fairly and with respect. If you are unhappy about the treatment that you have received or about any aspect of your work, you should discuss this with your line manager, who will attempt to resolve the situation on an informal basis. If you feel unable to approach your line manager directly, you should approach a manager, who will discuss ways of dealing with the matter with you.
Where attempts to resolve the matter informally do not work, it may be appropriate for you to raise a formal grievance under this procedure. A formal grievance should be concerned with the way in which you believe you have been treated by the Company or managers acting on its behalf, colleagues or about any aspect of your work. If your complaint relates to bullying or harassment on the part of a colleague, you should raise it in accordance with the bullying and harassment procedure. Complaints that amount to an allegation of misconduct on the part of another employee will also be investigated and dealt with under the disciplinary procedure.
Grievances may be concerned with a wide range of issues, including the allocation of work, your working environment or conditions, the opportunities that you have been given for career development or the way in which you have been managed. However, [issues that are the subject of collective negotiation or consultation with the [trade union/staff association/employee council]] will not be considered under the grievance procedure.
Complaints that you may have about any disciplinary action taken against you should be dealt with as an appeal under the disciplinary procedure.
Grievances raised while you are subject to disciplinary proceedings will usually be heard only when the disciplinary process has been completed. To the extent that a grievance has any bearing on the disciplinary proceedings, it can be raised as a relevant issue in the course of those proceedings.
11.2 Mediation
It may be appropriate for the matter to be dealt with by way of mediation, depending on the nature of your grievance. This involves the appointment of a third-party mediator, who will discuss the issues raised by your grievance with all of those involved and seek to facilitate a resolution. Mediation will be used only where all parties involved in the grievance agree.
11.3 The right to be accompanied
You have the right to be accompanied by a fellow worker or trade union official at any grievance meeting or subsequent appeal. The trade union official need not be an employee of the Company, but if they are not a fellow worker or an employee of their union, the Company may insist on them being certified by the union as being experienced or trained in accompanying employees at grievance hearings.
The choice of companion is a matter for you. Please note that individual workers are not obliged to agree to accompany you. Companions will be given appropriate paid time off to allow them to accompany colleagues at a grievance hearing or appeal hearing.
At any hearing or appeal hearing, your companion will be allowed to address the meeting, respond on your behalf to any view expressed in the hearing, and sum up the case on your behalf. However, both the hearing and appeal hearing are essentially meetings between the Company and you, so any questions put directly to you should be dealt with by you and not your companion.
Where the chosen companion is unavailable on the day scheduled for the meeting or appeal, the meeting will be rescheduled, provided that you can propose an alternative time within five working days of the scheduled date.
Accessibility
If any aspect of the grievance procedure causes you difficulty on account of any disability that you may have, or if you need assistance because English is not your first language, please raise this with [designated HR manager], who will make appropriate arrangements.
Recording of meetings
You, or any person acting on your behalf, is not normally permitted to record electronically any meeting held under the grievance procedure. This is to encourage openness and full participation by all parties during meetings. Any breach of this provision may lead to disciplinary action, up to and including dismissal.
In certain limited circumstances, we may permit the meeting to be recorded electronically. For example, where it is a reasonable adjustment for an employee with a disability. Where we permit the meeting to be recorded electronically, we will take responsibility for making the recording.
Where we intend to record meetings held remotely, we will comply with our data protection obligations and obtain prior consent from all attendees.
Data protection
We process personal data collected during informal complaints and the formal grievance procedure in accordance with our data protection policy. In particular, data collected as part of informal complaints and the grievance procedure is held securely and accessed by, and disclosed to, individuals only for the purposes of responding to the complaints or conducting the grievance procedure. You should immediately report any inappropriate access or disclosure of employee data in accordance with our data protection policy as this constitutes a data protection breach. It may also constitute a disciplinary offence, which we will deal with under our disciplinary procedure.
Conducting the grievance procedure
We recognise that a formal grievance procedure can be a stressful and upsetting experience for all parties involved. Everyone involved in the process is entitled to be treated calmly and with respect. We will not tolerate abusive or insulting behaviour from anyone taking part in or conducting grievance procedures and will treat any such behaviour as misconduct under the disciplinary procedure.
11.4 Formal Grievance Procedure
Making the complaint
The first stage of the grievance procedure is for you to put your complaint in writing. This written statement will form the basis of the subsequent hearing and any investigations, so it is important that you set out clearly the nature of your grievance and indicate the outcome that you are seeking. If your grievance is unclear, you may be asked to clarify your complaint before any meeting takes place.
Your complaint should be headed “Formal grievance” and sent to your line manager. If your complaint relates to the way in which you believe your line manager is treating you, the complaint may be sent to a manager.
Further attempts may be made to resolve the matter informally, depending on the nature of your complaint. However, if you are not satisfied with the outcome, we will proceed to a full grievance hearing.
Before proceeding to a full grievance hearing, it may be necessary to carry out investigations of any allegations made by you, although the confidentiality of the grievance process will be respected, wherever possible. If any evidence is gathered in the course of these investigations, you will be given a copy in advance of the hearing for you to consider your response. In exceptional circumstances, the evidence given by individuals may have to remain confidential. Where confidentiality is necessary, this will be explained to you and an appropriate summary of the evidence gathered will be given to you.
The grievance hearing
The hearing will be held as soon as is reasonably practicable and, subject to any need to carry out prior investigations, within [five] working days of the receipt of your written complaint. It will be conducted by your line manager and attended by an HR representative. At the meeting, you will be asked to explain the nature of your complaint and what action you feel should be taken to resolve the matter. Where appropriate, the meeting may be adjourned to allow further investigations to take place.
Where it is not possible to hold a face-to-face meeting, we will conduct the grievance hearing remotely. We will ensure that you have access to the necessary technology for participating in the process.
You should ensure that you attend the meeting at the specified time. If you are unable to attend because of circumstances beyond your control, you should inform your line manager as soon as possible. If you fail to attend without explanation, or if it appears that you have not made sufficient attempts to attend, the hearing may take place in your absence.
While you will be given every opportunity to explain your case fully, you should confine your explanation to matters that are directly relevant to your complaint. Focusing on irrelevant issues or incidents that took place long before the matters in hand is not helpful and can hinder the effective handling of your complaint. The manager conducting the hearing will intervene if they think that the discussion is straying too far from the key issue. The manager may also intervene to ensure that the meeting can be completed within a reasonable timeframe, depending on the nature and complexity of your complaint.
Following the meeting, you will be informed in writing of the outcome within five working days and told of any action that we propose to take as a result of your complaint. You may discuss this outcome informally with either your manager or designated HR consultant.
If you are dissatisfied with the outcome, you may make a formal appeal.
11.5 Appeal
Your appeal should be made in writing to the manager who conducted the initial grievance hearing. You should clearly state the grounds of your appeal, i.e. the basis on which you say that the result of the grievance was wrong or that the action taken as a result was inappropriate. This should be done within five working days of the written notification of the outcome of the grievance. An appeal meeting will be arranged to take place within seven working days of the submission of your formal appeal, wherever possible.
Where it is not possible to hold a face-to-face meeting, we will conduct the appeal hearing remotely. We will ensure that you have access to the necessary technology for participating in the process.
You should ensure that you attend the meeting at the specified time. If you are unable to attend because of circumstances beyond your control, you should inform your line manager of this as soon as possible. If you fail to attend without explanation, or if it appears that you have not made sufficient attempts to attend, the hearing may take place in your absence.
The appeal hearing will be conducted by your head of team or a director, who will consider the grounds that you have put forward and assess whether or not the conclusion reached in the original grievance hearing was appropriate.
Following the appeal meeting, you will be informed of the outcome within seven working days, wherever possible.
The outcome of this meeting will be final.
12 Disciplinary Procedure
12.1 Introduction
We operate a disciplinary procedure to ensure the proper operation of our business and the health and safety of our employees. We will apply the following procedure in all instances where management regards disciplinary action as necessary, other than in cases of minor misconduct where an informal warning may be appropriate.
We reserve the right to implement the procedure at any stage as set out below taking into account the alleged misconduct. Employees will not ordinarily be dismissed for a first disciplinary offence.
The time limits outlined in this procedure may be varied by agreement.
You have the right to be accompanied at a disciplinary hearing by: a fellow worker; a trade union official employed by the union; or a trade union official who is certified in writing by the union as having the necessary experience or training to act as a companion.
Matters that we view as amounting to disciplinary offences include (but are not limited to):
- persistent bad timekeeping;
- unauthorised absence;
- damage to our property;
- failure to observe our procedures;
- abusive behaviour;
- unreasonable refusal to follow an instruction issued by a manager or supervisor;
- absences that are not genuine or not for the reason provided;
- data protection breaches and misuse of our information;
- smoking [or use of an e-cigarette] in non-designated areas of the Company’s premises; and
- bribery offences under the Bribery Act 2010.
12.2 Investigation
Your supervisor or manager (or, where appropriate, a different manager) will promptly and thoroughly investigate any matter that we reasonably suspect or believe to contravene any of our policies or rules or may otherwise be a disciplinary matter. You will be informed as soon as possible that an investigation is being carried out and when it has been concluded.
There may be instances where suspension with pay is necessary while we carry out investigations. We have the right to suspend you with pay where there are reasonable grounds for concern that you may tamper with or destroy evidence or pressurise witnesses prior to a disciplinary hearing, or if there is a potential risk to the business or other employees or third parties in allowing you to remain at work. Suspension is not, in itself, a form of disciplinary sanction.
Depending on the circumstances of the case, we may invite you to attend an investigatory interview. We will inform you at the outset that the interview is an investigatory interview. There is no right for a companion to accompany you at an investigatory interview. We reserve the right not to conduct an investigatory interview and to proceed directly to a disciplinary hearing.
Where it is not possible to hold a face-to-face meeting, we will conduct the investigatory hearing remotely. We will ensure that you have access to the necessary technology for participating in the process. Your rights will not be affected, and we will ensure that the procedure remains fair and reasonable.
12.3 Procedure
Where, upon completion of an investigation, there are reasonable grounds to believe that there is a disciplinary case to answer, we will invite you to attend a disciplinary hearing before your departmental manager or manager of a similar level to the departmental manager.
Where it is not possible to hold a face-to-face meeting, we will conduct the disciplinary hearing remotely. We will ensure that you have access to the necessary technology for participating in the process. Your rights will not be affected, and we will ensure that the procedure remains fair and reasonable.
In the event of a disciplinary hearing taking place, we will:
- give you a minimum of [two] working days’ notice of the hearing;
- inform you of the purpose of the hearing, its possible consequences and that we will hold it under our disciplinary procedure;
- explain your right to be accompanied at the hearing;
- give you written details of the nature of your alleged misconduct; and
- provide you with all relevant information (including statements taken from any fellow employees or other persons that we intend to rely upon) not less than [two] working days in advance of the hearing.
Where you are unable to attend a disciplinary hearing and provide a good reason for failing to attend, we will rearrange the time and/or date of the hearing. We will comply with (a) above in respect of giving notice of the rearranged hearing. Unless there are special circumstances mitigating against it, if you are unable to attend the rearranged hearing, the rearranged hearing will take place in your absence. Your companion may attend in such circumstances and will have the opportunity to present your case. We will also allow you to make written submissions in such a situation.
Where your companion is unavailable on the day scheduled for the hearing, you may request that the hearing be rescheduled to an alternative time that is reasonable and within five working days of the scheduled date.
Role of companion
Your companion has the right to address the hearing to put your case, sum up your case and respond on your behalf to any view expressed at the hearing. Your companion may also confer with you during the hearing. However, there is no requirement for us to permit your companion to answer questions on your behalf, or to address the hearing where you indicate that you do not wish this.
Recording of meetings
You, and any person acting on your behalf, are not normally permitted to record electronically any meeting held as part of the disciplinary process. This is to encourage openness and full participation by all parties during meetings. Any breach of this provision may lead to disciplinary action, up to and including dismissal.
In certain limited circumstances, we may permit the meeting to be recorded electronically (for example where it is a reasonable adjustment for an employee with a disability). Where we permit the meeting to be recorded electronically, we will take responsibility for making the recording.
Where we intend to record meetings held remotely, we will comply with our data protection obligations and obtain prior consent from all attendees.
Data protection
We process personal data collected during the investigation stage and any subsequent stages of disciplinary action in accordance with our data protection policy. In particular, data we collect as part of the investigation stage and any subsequent stages of disciplinary action is held securely and accessed by, and disclosed to, individuals only for the purposes of completing
the disciplinary procedure. You should report any inappropriate access or disclosure of employee data in accordance with the Company’s data
protection policy immediately as this constitutes a data breach. It may also constitute a disciplinary offence, which we will deal with under this disciplinary procedure.
12.4 The Disciplinary Hearing
A disciplinary hearing will normally be conducted by your departmental manager and has the option to include an HR consultant (the panel). Any member of management responsible for the investigation of the disciplinary offence(s) shall not be a member of the panel, although such managers may present any relevant facts and material to the disciplinary hearing. You will be entitled to a full explanation of the case against you and we will inform you of the content of any statements provided by witnesses. You will be permitted to set out your case and answer any allegations. We will give you reasonable opportunity to ask questions, present evidence and call relevant witnesses. You will also have the opportunity to raise points about any information provided by witnesses. Both parties must give advance notice if they intend to call relevant witnesses.
We may adjourn the disciplinary proceedings if it appears necessary or appropriate to do so (including for the purpose of gathering further information). We will inform you of the likely period of any adjournment. If we gather further information, we will give you a reasonable period of time, together with your companion, to consider the new information prior to the reconvening of the disciplinary proceedings.
As soon as possible after the conclusion of the disciplinary proceedings, the panel will inform you of what, if any, disciplinary action is to be taken. We will confirm the decision in writing and notify you of your right of appeal under this procedure.
12.5 Disciplinary Action
Where, following a disciplinary hearing, we reasonably believe that you have committed a disciplinary offence, we may take the following disciplinary action:
- Where you have committed a minor offence or offences, you may be given a recorded oral warning. The warning will:
i.set out the nature of the offence;
ii.inform you that further misconduct is likely to result in further disciplinary action under this procedure;
iii.specify the period for which the warning will remain “live”, after which [we will review the warning/the warning will automatically lapse]; and
iv.state that you may appeal against the warning.
- Where you have committed either a more serious disciplinary offence, or a further minor offence or offences following a recorded oral warning that remains “live”, you may receive a first written warning. The warning will:
i.set out the nature of the offence committed;
ii.inform you that further misconduct is liable to result in further disciplinary action under this procedure;
iii.specify the period for which the warning will remain “live”, after which [we will review the warning/the warning will automatically lapse]; and
iv.state that you may appeal against the warning.
- Where you commit a serious disciplinary offence amounting to gross misconduct, thereby justifying summary dismissal, but we decide, after taking into account all relevant circumstances, that a lesser penalty is appropriate, or, where you commit further disciplinary offences after a first written warning has been issued and remains “live”, we may give a final (or combined first and final) written warning. Such a warning will:
i.set out the nature of the offence committed;
ii.inform you that further misconduct is likely to result in your dismissal;
iii.specify the period for which the warning will remain “live”, after which [we will review the warning/the warning will automatically lapse]; and
iv.state that you may appeal against the warning.
- Where you have committed further acts of misconduct (these being acts of misconduct other than gross misconduct) following a final written warning given under c. above, we may elect to dismiss with notice or payment in lieu of notice.
- Where we reasonably believe that you have committed an act of gross misconduct, you may be summarily dismissed without notice.
- Where we give you a final written warning under c. above, we may also impose (where your contract of employment allows):
i.a period of suspension without pay;
ii.loss of seniority;
iii.stoppage of pay for such period as we see fit in the circumstances subject to a maximum of [number of weeks]; or
iv.transfer to a job of a lower status.
We may impose the above sanctions in conjunction with other forms of disciplinary action, or as an alternative to dismissal.
Expired warnings
We will retain expired warnings on your personnel record as we may need to take account of the warning when considering future conduct, for example to establish a pattern of behaviour or an awareness of the relevant rules. We will not normally retain documentation relating to the expired warning unless there is a justification for this.
12.6 Appeal
You may appeal against any disciplinary sanction imposed against you, with the exception of an informal oral warning. Wherever possible, a senior manager who has not been involved in the disciplinary process to date will hear the appeal. The appeal manager is obliged to consider any representations made by you, your companion and those of the manager who conducted the investigation and the manager who conducted the disciplinary hearing and imposed
the disciplinary sanction. If any new evidence is introduced during the appeal stage, you will be given the opportunity to consider it and raise any comments. Once they have thoroughly explored the relevant issues, the appeal manager will decide whether or not to uphold the disciplinary sanction. In the event that the appeal manager decides in your favour, they shall allow the appeal and shall remove all records of the disciplinary sanction from your record. In the event that the appeal manager does not decide in your favour, they must uphold
the disciplinary sanction. In the event that the appeal manager partially decides in your favour, they shall partially allow the appeal and impose a lesser disciplinary sanction.
When lodging an appeal, you should state:
- the grounds of appeal; and
- whether you are appealing against the finding that you committed the alleged act or acts of misconduct, or against the level of disciplinary sanction imposed.
You must provide written notice of the appeal within five working days of being informed of the disciplinary sanction.
Appeal hearings will normally take place within 14 days of receipt of a written notice of appeal. Where it is not possible to hold a face-to-face meeting, we will conduct the appeal hearing remotely. We will ensure that you have access to the necessary technology for participating in the process. Your rights will not be affected, and we will ensure that the procedure remains fair and reasonable.
Upon completion of the appeal, the appeal manager will inform you of the decision which will be confirmed in writing within one week. Our decision at the appeal is final. Where you appeal against a dismissal, you will not be entitled to be paid or reinstated (unless you are entitled to notice) between the date of dismissal and the conclusion of the appeal process. In the event however that we overturn the dismissal on appeal, you will be reinstated with immediate effect and be paid for any period between the date of the original dismissal and the successful appeal decision. Your continuous service will not be affected.
12.7 Gross misconduct
Gross misconduct is misconduct of such a serious and fundamental nature that it breaches the contractual relationship between an employee and the Company. In the event that you commit an act of gross misconduct, we will be entitled to terminate summarily your contract of employment without notice or pay in lieu of notice.
Matters that we consider amount to gross misconduct include (but are not limited to):
- theft or fraud;
- other offences of dishonesty;
- unauthorised absence;
- falsification of a qualification that is a stated requirement of your employment or results in your financial gain;
- falsification of records including reports, accounts, expense claims or selfcertification forms, whether or not for personal gain;
- data protection breaches, disclosure of company documents, trade secrets and other confidential information to unauthorised third parties;
- indecency;
- physical violence or bullying;
- deliberate damage to or misuse of property;
- gross insubordination;
- the use or distribution of illegal drugs while at work;
- serious incapability at work brought on by alcohol;
- possession, custody or control of illegal drugs on our premises;
- serious breach of the organisation’s rules, including, but not restricted to, health and safety rules and rules on computer use;
- gross negligence;
- conviction of a criminal offence that is relevant to your employment;
- misuse or abuse of social media in and outside work;
- deliberately accessing pornographic, offensive or obscene material;
- making covert recordings of colleagues or managers; • conduct that negatively affects our reputation; and
- unlawful discrimination or harassment.
Other acts of misconduct may come within the general definition of gross misconduct.
12.8 Short service employees
This disciplinary procedure does not apply to any employee who has been employed by the Company for less than two years.
This policy is non-contractual and we may make changes to it from time to time.
13 Capability Procedure
The purpose of the capability procedure is to maintain standards of job performance in the Company and to ensure that employees are given all reasonable support and encouragement to meet the standards required of them. The procedure is not contractual and the details may be changed at any time.
The procedure applies to all employees who have successfully completed one years’ service with the Company and its aim is to ensure consistent, fair and nondiscriminatory treatment. In the first 12 months of your continuous employment the capability procedure may not be invoked and your employment may be terminated without recourse to it.
For the purpose of this policy an individual’s capability to do their job is assessed by reference to their skills, qualifications, aptitude, health or any other physical or mental quality.
13.1 Informal Stage
When there is evidence that you are not performing at an acceptable level, your manager or supervisor should investigate the circumstances with you at an informal meeting. At this meeting your manager will:
- Make clear the areas in which your performance is below expectations and explain the standards required
- Give you the opportunity to explain your under-performance and to raise any concerns you may have about the job
- Set a reasonable timeframe within which improvement is expected and arrange a further meeting with you at the end of this time to review the situation
- The content and outcome of this meeting will be confirmed to you in writing, including the type of improvement required, any additional support or training that will be provided, any other agreed actions and the timescale for improvement and review. A diary note of the discussion may be kept for reference, but it is not recorded on your file as formal action
13.2 Formal Stages
Stage 1 – First Formal Warning
If there is continued unsatisfactory performance, or where a first instance of unsatisfactory performance is sufficiently serious to warrant formal action you will be invited to a formal hearing to discuss the matter. An HR Adviser may also be present. At this meeting you will have the opportunity to explain your unsatisfactory performance.
You will be advised, as precisely as possible, of the reasons for the manager’s continued concerns about your performance. If, having heard any explanations offered by you, your manager remains concerned, a Formal (Written) Warning will be given for unsatisfactory performance. This will be confirmed in writing to you.
This warning will be placed on your personnel file and will be disregarded after a period of 12 months.
At this hearing further consideration should be given to any additional training or support that could reasonably be provided to you to enable you to reach the required standard of performance. A reasonable time period will be set within which improvement is expected and a further meeting arranged at the end of this time to review the situation.
Stage 2 – Final Formal Warning
If there has been insufficient improvement in performance within the timescale following the formal warning a further formal hearing will be held with you. At this hearing your manager will review the history of the case, including the steps that have been taken to support you to achieve the required level of performance.
If, having heard your explanation, the manager remains concerned, a Final (Written) Warning will be issued for unsatisfactory performance. This will be confirmed in writing. You will be informed that your job will be at risk if satisfactory performance levels cannot be achieved and subsequently maintained.
This warning will be placed on your personnel file and will be disregarded after a period of 12 months.
Further consideration should be given to any additional training or support that could reasonably be provided to you to enable you to reach the required standard of performance. A review period will be set within which improvement is expected and a further meeting arranged at the end of this time to review the situation.
Stage 3 – Dismissal Hearing
If there has been insufficient improvement in performance within the timescale following the Final (Written) Warning, a further formal hearing will be held with you. At this hearing the manager will review the history of the case, including the steps that have been taken to support you to achieve the required level of performance. Your explanation will be heard and considered.
Once the evidence has been fully examined, the manager will withdraw to consider the case and to decide what the appropriate outcome should be. An adjournment to make a decision should be for no longer than is necessary. The date and time for reconvening the hearing will be agreed with you at the time of the adjournment or shortly thereafter.
On returning to the hearing, the manager will summarise the points that have been covered, the decision taken, the reasons for this decision and any actions that need to be taken as a result of this decision.
Possible outcomes: If your manager deems that your performance is satisfactory, there will be no further action under the policy. If, however, your manager believes that you have under-performed and continue to under-perform, s/he will state the reasons for believing this, specifying the alleged failures to meet the required standards. The manager will then communicate to you which of the following outcomes is most appropriate in the circumstances:
- redeployment – into another role at the same level
- downgrading – to a position of lower status and remuneration
- return to an earlier stage of the procedure
- termination of employment
The decision will be confirmed in writing to you within 10 working days. The letter should confirm the action being taken and the reasons for this. In the case of dismissal, the letter must also state the date on which the dismissal will take effect and your right to appeal against the decision.
In the event of re-deployment or demotion, your performance will continue to be monitored over an appropriate period of time.
13.3 Ill-health / Poor Attendance
Your capability to carry out your role to the expected standard may be affected by your health and your attendance record. Managers must bear in mind the provisions of the Disability Discrimination Act, in particular the obligation to make reasonable adjustments when dealing with members of staff with disabilities.
13.4 Notification & Representation
You will receive a minimum of 48 hours advance notice in writing of any formal hearing arranged under this policy. At all such interviews you have the right to be accompanied by any willing and appropriate work colleague or trade union representative. The Company may choose to have an HR Consultant present. Where witnesses are to be called by the manager or by you, prior notice of this should be given.
Where your representative is unable to attend the meeting at the notified time, the meeting will be postponed and re-scheduled to an alternative time within a maximum 5 working days.
13.5 Right of Appeal
If you wish to appeal against a warning issued under this procedure you must write to a Director or Managing Director within 5 working days of receiving the decision.
If you appeal, you will be invited to attend an appeal hearing. The appeal hearing will normally be heard within five working days of the appeal being lodged. The appeal hearing will follow the same procedure as that for a capability hearing.
The person hearing the appeal will reconsider the penalty. It is always possible that the new decision may be more severe than the original penalty.
If possible the appeal will be dealt with by a more senior Manager than the one who conducted the initial hearing.
After the appeal hearing, you will be informed in writing of the final decision.
14 Whistleblowing Policy
14.1 Principles
As an organisation, the Company wishes to encourage a free and open culture in its dealing with employees and customers / service users. We need to be recognised by our customers / service users as honest and ethical in all our activities. We therefore actively encourage employees not to turn a blind eye to malpractice and we will support anyone who, in all good faith, makes a disclosure which shows one of the following:
- That a criminal offence has been committed, is being committed or is likely to be committed
- That a person has failed, is failing or is likely to fail to comply with any legal obligation to which he or she is subject
- That a miscarriage of justice has occurred, is occurring or is likely to occur
- That the health and safety of an individual has been, is being or is likely to be endangered
- That the environment has been, is being or is likely to be damaged
- That information tending to show any matter within one of the preceding set of circumstances has been, is being or is likely to be deliberately concealed
No disciplinary action will be taken against an employee making a claim as listed above unless, after investigation it is judged that the disclosure was made for one of the reasons listed in paragraph 14.3, Exclusions.
The Company will protect, as far as is legally possible, the identity of the person making a disclosure. However, the employee against whom the disclosure is made will always be advised of the disclosure against them and will be given the opportunity to state their case before any decision is made or action taken.
If an employee is asked to attend a meeting during the course of an investigation into a disclosure, he or she will have the right to be accompanied either by a work colleague or trade union representative.
Any formal meetings conducted as part of the investigation of an allegation of malpractice will be handled in accordance with the disciplinary procedure.
The Whistleblowing Procedure should not be used for:
- Pursuing a personal grievance. Please refer to the company’s Grievance Procedure.
- Dealing with day to day problems, mistakes or general differences of view that arise at work. The normal practice is that you should raise these operational matters with your manager first and indeed everyone from time to time need help, constructive performance reviews to do their jobs well.
- You should not as a first step take your concerns to the press or the media.
14.2 Procedure
If you need to make a disclosure under this procedure, you should raise the issue with an appropriate person as set out below, taking into account the seriousness and sensitivity of the issue and the staff involved:
- A Senior Manager for disclosures relating to Managers or other staff below this level
- The Managing Director for disclosures relating to Senior Managers or Team Leaders
If you believe that disclosure within the Company is inappropriate or you consider the attempts made to resolve the issue by the Company have not been successful, you may make a disclosure to one of the organisations listed below:
- The Company’s external auditors
- A professional institute of which the employee is a member
Disclosures should be made in writing and provide the following details:
- The reason why the disclosure is being made including the background and history to the issue causing concern
- The name(s) of those involved or suspected of being involved
- The address(es) where the issue being disclosed took place
- The date(s) when the issue happened
- Specific details of the allegation
Disclosures will always be taken seriously and the action taken may include one or several of the following:
- An internal investigation
- An independent inquiry
- A referral to the police
- A referral to the Company’s external auditors
Within 5 working days of a disclosure being received, the recipient will respond in writing to:
- Acknowledge receipt of the disclosure
- Indicate the steps involved in dealing with the allegation made
- Provide an approximate timescale to the actions necessary to conduct a full investigation into the allegations made
- Indicate whether the employee will be required to take a further part in the investigation and, if so, what this will involve.
Within 7 working days if a disclosure being received, the recipient must have begun an investigation to substantiate the allegation.
Within 5 working days of the completion of the investigation the investigator will:
- Write to you, advising you of the outcome of the investigation and what, if any, further action will be taken.
- Write to the employee(s) against whom the allegation is made advising them of the outcome of the investigation and what, if any, further action will be taken.
- Initiate any further action that may be necessary as a result of the investigation.
The Company will not tolerate harassment, bullying or discrimination of anyone involved in, or the subject of, an investigation under these procedures.
Every effort will be made to keep the individual’s identity confidential, if this is their wish. However, where this may cause difficulties, e.g. if the individual is asked to give evidence, then they will be advised first and available options will be discussed with them.
All records of disclosures and resulting investigations and actions will be confidential and kept in a secure location. Such records will only be used for internal monitoring purposes or to defend any legal action brought against the organisation.
14.3 Exclusions
Employees will not be protected under this procedure if:
- The disclosure does not come under one of the headings listed above.
- The disclosure is not made in good faith
- The disclosure is made for personal gain
- The disclosure is made to cause disruption to the Company
and the employee concerned will be subject to disciplinary action as a result.
15 Redundancy Policy
We value our employees and are committed to providing long-term job security and managing the business in the best way possible to safeguard your employment.
However, we are facing a serious downturn in our business due to the unprecedented global spread of coronavirus (COVID-19). The restrictions imposed to deal with the outbreak, such as social distancing and self-isolation, have had a significant impact on our workforce and on supply and demand.
We are exploring several alternative measures such as short-time working, layoffs, “furlough” under the Coronavirus Job Retention Scheme, seeking volunteers for unpaid leave, a pay freeze and the non-renewal of fixed-term contracts to avoid a redundancy situation. We are also seeking volunteers for redundancy.
Despite our best efforts, compulsory redundancies may be unavoidable.
There may be occasions when financial pressures, changes in our working practices, advances in technology or external factors, have an impact on our workforce. Where this is the case, we will explore alternative measures such as placing restrictions on recruitment, reducing overtime, redeployment and the non-renewal of fixed-term contracts to avoid a redundancy situation. Where appropriate, we will initially seek volunteers for redundancy. However, despite our best efforts, certain business situations may arise where redundancies are unavoidable.
This policy sets out our approach to dealing with potential redundancies. It does not form part of your terms and conditions of employment and may be subject to change at the discretion of management. The policy will be applied fairly and equally to all employees, and without any form of discrimination.
We understand that redundancy situations can be extremely difficult for those affected. This policy aims to set out clearly the process involved and signpost the help and support available.
15.1 Selection criteria
The selection criteria set out below will normally be adopted, but not necessarily in the order shown, where there is a need to select between employees:
- disciplinary record;
- attendance record;
- length of service;
- relevant qualifications, experience and skills; and
- training needs.
However, where there are elected employee representatives, the selection criteria will be a matter on which the representatives will be consulted.
15.2 Time off work for training or to look for a new job
We recognise and understand the financial and emotional strains that come with redundancy. We support our employees during this difficult time by, where possible, giving you a reasonable amount of paid time off to look for alternative employment. This could include time off to arrange training, visit a job centre or attend a job interview.
We recognise and understand the financial and emotional strains that come with redundancy. You can request reasonable paid time off to arrange training or look for a new job, if you have a minimum of two years’ continuous service with the Company.
You should discuss the arrangements for taking time off with your line manager.
Additional support
We understand that redundancy situations cause stress and feelings of insecurity. If you are concerned about your wellbeing or that of a colleague you should speak to your line manager or HR contact.
15.3 Redundancy payments
You are entitled to receive a statutory redundancy payment if you have worked for us for at least two continuous years. This payment will be calculated in accordance with the relevant statutory redundancy pay provisions in force at the time. You will receive a written statement showing how your redundancy pay has been calculated.
15.4 Pension
Please discuss any queries you may have concerning your pension options with your payroll manager.
15.5 Data protection
We process your personal data, including special categories of your data, in accordance with our data protection policy at all stages of the redundancy process.
15.6 Alternative employment
The Company will always see if there is suitable alternative employment for anyone likely to be made redundant.
You may not receive a redundancy payment if you unreasonably refuse an offer of suitable alternative employment, providing the following conditions exist:
- The offer is made before the termination date.
- There is negligible change in:
- fares, or travelling time to and from work; – rate of pay;
- hours of work.
- Alternative employment starts immediately or no more than four weeks after end of original employment.
- The alternative employment is suitable in relation to your skills, aptitude and experience.
- You must have acted unreasonably in refusing the offer.
Where an offer of alternative employment is made, both you and the Company have a four-week trial period in which to decide if the offer of alternative employment is mutually acceptable. Should the Company or you wish to end the new contract within the four weeks for a reason connected with the new job, you will preserve the right to a redundancy payment under the old contract. If the dismissal was due to a reason unconnected with redundancy, such as misconduct, you may lose that entitlement.
Alternative employment outside the Company
If you are given notice of redundancy, you will be allowed reasonable paid time off to look for alternative employment outside the Company.
15.7 Payment on termination
If your employment is terminated, you will receive the following:
- All outstanding wages and holiday pay up to the date of leaving
- Pay in lieu of notice, if applicable
- A statutory redundancy payment if you qualify
15.8 Appeal
If you wish to appeal against the decision to dismiss you, you must put your appeal in writing to a Director within five working days of being served notice of termination.
16 Equality and Diversity Policy
16.1 Overall Policy
No applicant or employee should receive less favourable treatment because of his or her age, disability, sex (including gender reassignment), marital or civil partnership status, pregnancy and subsequent maternity entitlements, race, religion or belief, sexual orientation, or through any requirement which cannot be shown to be justified by the requirements of their job.
We aim to ensure that our employees achieve their full potential and that all employment decisions are taken without reference to irrelevant or discriminatory criteria.
The policy will be achieved through the following action points:
16.2 Equality Action Points
- Individuals will be recruited, promoted and trained solely on the basis of their abilities and the requirements of the job.
- When recruiting, skill and knowledge requirements will be determined, and candidates will be selected accordingly.
- Reasonable adjustments will be made to remove obstacles to the recruitment and employment of disabled persons.
- Employees will be made aware of their responsibilities for preventing harassment.
- Any employee who believes they have suffered discrimination will be encouraged to raise the matter through the grievance procedure.
16.3 Preventing Bullying, Harassment and Victimisation
All employees have the right to work in an environment which is free from any form of bullying, harassment or victimisation.
Bullying is offensive, intimidating, malicious or insulting behaviour; an abuse or misuse of power which is meant to undermine, humiliate or injure the person to whom it is directed.
Harassment is unwanted conduct related to a protected characteristic (e.g. sex, gender reassignment, disability, etc. as listed above) which causes someone to feel threatened, humiliated or offended or creates an intimidating, hostile, degrading, humiliating or offensive environment.
Conduct may be harassment whether or not the person behaving in that way intends to offend. Something intended as a “joke” may offend another person. Different people find different things acceptable. First-time conduct which unintentionally causes offence will not be harassment but it will become harassment if the conduct continues after the recipient has made it clear, by words or conduct, that such behaviour is unacceptable to him or her.
A single incident can be harassment if it is sufficiently serious.
Harassment on the grounds of age, disability, sex (including gender reassignment), marital or civil partnership status, pregnancy and subsequent maternity entitlements, race, religion or belief or sexual orientation is illegal and can result in criminal proceedings being taken against both the company and employees.
Victimisation is the less favourable treatment of someone compared to their peers because they have raised a complaint or supported a complaint or given evidence in relation to a complaint in respect of bullying and harassment. Less favourable treatment could include the isolation of someone or giving them worse work, for example.
There are many forms of bullying, harassment and victimisation, including the following:
- Unwanted physical contact.
- Coercion, isolation, “freezing out” or exclusion from social activities.
- Display of offensive material, for example posters or pin ups.
- Offensive jokes or banter.
- Unwelcome remarks about a person’s dress, appearance, gender, marital status, race, ethnic origin, colour, nationality, national origin, disability, sexual orientation, religion or age.
- Any form of bullying, for example shouting at a person reporting to you, setting impossible deadlines or tasks or persistent unwarranted criticism.
- Being denied information or knowledge necessary to undertake work and complete duties.
- Humiliation in front of others or in private.
- Intrusion by pestering, spying or following etc.
- Physical bullying or threatening, shouting swearing or verbal abuse.
- Inappropriate touching or physical contact.
- Mimicking someone else’s behaviour.
- Talking about a subject in a way that causes offence. The subject could be sexual, racial, medical or anything which the other person may be genuinely sensitive about.
- Showing inappropriate pictures.
- Asking personal questions.
- Sending harassing messages or e-mail.
The company intends to provide an environment where employees can carry out their work without fear of discrimination, bullying, harassment or victimisation. Such behaviour will not be tolerated. Anyone found to be acting in such a way will face disciplinary action which could include dismissal.
Everyone has a duty to report any such behaviour to a member of management.
16.4 Complaints procedure
All employees have the right to work in an environment which is free from any form of harassment.
Every employee in this organisation has the right to complain about harassment should it occur. If you feel harassment has taken place you should, if possible, attempt to resolve the problem informally in the first instance. It may be sufficient to explain to the person engaging in the unwanted conduct that the behaviour in question is not welcome. The person may not realise their behaviour is causing offence.
If it is too difficult to confront the individual yourself, you should request help from your Manager. If it does not prove possible to resolve the situation through these informal means, you should put your complaint in writing under the grievance procedure as laid out in this handbook.
Managers also have a responsibility to take action where they see unacceptable behaviour, whether or not a complaint is made.
This procedure does not replace or distract from the rights of employees to pursue a complaint under the appropriate discrimination legislation to an employment tribunal.
Every effort will be made to ensure that employees making complaints and others, who give evidence or information in connection with the complaint, will not be victimised. Any complaints of victimisation will be dealt with seriously, promptly and confidentially. Victimisation will result in disciplinary action and may warrant dismissal.
17 Holidays
17.1 Annual holidays
Your holiday entitlement is stated in your contract of employment.
17.2 Procedure for booking holidays
Holidays are recognised as important to all members of the Company for varying reasons. In order to ensure fairness in their allocation the following holiday booking procedures must be adhered to at all times
- You normally earn your holiday before you can take it (you earn 1/52 of the full entitlement for each week worked).
- You request holiday via Planday. Your holiday isn’t booked until it has been authorised by the Company.
- It’s best to check first that the dates you want are available (the Company may refuse your holiday request if too many people are away at the same time).
- Not more than 10 consecutive working days holiday (pro-rata) may be taken at any one time without special consent of your Manager.
- It is your responsibility to book all your holiday entitlement during the year. Holiday not taken by the end of the holiday year will normally be lost and you will start the new holiday year with a fresh entitlement.
- Holiday not taken at the end of the holiday year can normally only be carried over to the next year in the event of genuine sickness absence during a period of annual leave. You will be required to provide credible evidence of your sickness absence, such as a doctor’s certificate, in these circumstances.
- The Company will allow time off to observe religious holidays provided such holidays do not exceed your holiday entitlement.
18 Sickness and Time-Off
18.1 Time off for Medical and Dental Appointments
Where it is possible we do ask you to make medical and dental appointments outside of working hours to avoid disruption at work. Where this is not possible you should make your appointments for the beginning or end of your working day in order to minimise disruption to the business. You should note that time off to attend such appointments will be unpaid.
18.2 Absence Management Policy
18.2.1 Policy Statement
From time to time even the best of employees are likely to fall sick and require time off from work. The Company will provide support during sickness to enable a speedy recovery and return to work.
18.2.2 Employees’ Responsibilities
If you are unable to attend work due to sickness you must telephone your Manager as soon as possible and no later than an hour before your normal start time on your first day of absence and advise if convalescence is not at your normal address.
You must maintain contact with your manager and inform him/her as soon as a return date is known.
Wherever possible, notification should be made personally by telephone and not via a friend or relative or by text message.
If you have been suffering from an infectious or contagious disease such as rubella or hepatitis you must not return to work without clearance from your doctor. You may be asked to attend a return-to-work interview after any period of absence.
18.2.3 Manager’s Responsibilities
To conduct a return to work meeting with each employee returning from a period of absence and ensure that a self-certification form is completed.
To ascertain if any modifications to work or hours are required to facilitate a safe return to work.
To maintain contact with employees absent due to sickness and provide support, if necessary, on their return to work.
To discuss any relevant absence trends with the returning employee.
To follow up on frequent absences or trends, seeking advice from the Company’s HR consultants.
Where absence is frequent or trends are identified, these will be addressed under the Company’s Capability Procedure.
Where, following investigation, there is a strong suspicion that an employee has fraudulently claimed sick pay, this should be managed using the Company’s Disciplinary Procedure.
18.3 Repeated or Long-term Sickness Policy
18.3.1 Policy Statement
The Company recognises that Long Term Sickness needs to be handled sensitively and differently to that of a shorter duration.
Every effort will be made to provide support to employees during long term sickness. This may include:
- Telephone contact by managers
- Home visits by managers
- Meetings to discuss progress
- Medical advice and reports
- Secondments to temporary work to aid a return to work
- Modifications to role
This policy and procedure applies to all employees who have been off sick from work for either:
- A continuous period of 28 consecutive days (pro-rata), or
- A total of 28 days (pro-rata) over a one-year period where, due to regular relapses, concerns exist over the continued suitability of the employee to continue to work in their contracted position.
18.3.2 Procedure
- If you are away from work due to sickness for 28 days (pro-rata) over a one-year period, the Company will request that you attend a meeting with your manager and our HR consultants. If you are unable to travel into work, arrangements can be made to visit you at home.
- During the meeting we will discuss your condition and likely return to work date and give you news on what is happening at work.
- Where you are unable to confirm a return to work in the near future, the Company will request your consent to contact your doctor/consultant to obtain further details of your medical condition. It is your choice whether or not you wish to provide your consent to the Company. However, you should be aware that where consent is refused, the Company will have to make decisions regarding your employment based on the information we have to hand, which may not be in your best interests if there is other information which you feel we should take into consideration.
- Where the Company deems it necessary, we reserve the right to ask you to have a medical examination (at the Company’s expense)
- Once the Company has received the report from your doctor/consultant we will write to you again, asking you to attend a further meeting to discuss the contents of the medical report.
- During the meeting options to assist your return to work will be explored. These will include discussions around modifications to your working duties and/or hours in order to facilitate your return to work. Where a return to work date cannot be foreseen, and the Company is unable to facilitate your return in the near future despite having considered modifications and alternative roles, it may become necessary to terminate your employment. If the Company proposes to take this step, you will be invited to a formal meeting to discuss the situation before the final decision is made.
- Should a decision to end your employment be confirmed, you will have a right of appeal. If you wish to appeal against the decision under this procedure you must write to Managing Director within 5 working days of receiving the decision.
- If you appeal, you will be invited to attend an appeal hearing. The appeal hearing will normally be heard within five working days of the appeal being lodged.
- If possible the appeal will be dealt with by a more senior Manager than the one who conducted the initial hearing.
- After the appeal hearing, you will be informed in writing of the final decision.
18.4 Time off for dependants
You have the right to unpaid time off work to deal with emergencies involving a ‘dependant’. This could be your husband, wife, partner, child, parent, or anyone living in your household as a member of the family. A dependant may also be anyone who reasonably relies on you for help in an emergency.
An emergency could be any unexpected or sudden problem involving someone who depends on your help or care. e.g.
- If a dependant falls ill
- If a dependant has been injured or assaulted
- When a dependant is having a baby (This does not include taking time off after the birth to care for the child as you could be entitled to paternity or parental leave for this purpose)
- To deal with an unexpected disruption or breakdown of care arrangements for a dependant
- To deal with an unexpected incident involving your child during school hours
- To deal with the death of a dependant
You are allowed ‘reasonable’ time off to deal with the emergency and make any arrangements that are needed – for most cases one or two days should be sufficient to deal with the problem. There’s no limit to the number of times you can take time off for dependants, provided it’s for real emergencies. If we feel you are taking more time off than we can cope with, then we will discuss this with you.
You don’t have the right to time off for every problem. A burst boiler at home or problems with your dog don’t count. Time off to care for people who don’t count as a dependant (e.g. accompanying a friend to hospital) aren’t covered either.
The right only covers emergencies and so doesn’t apply if you know about the event in advance. For example, if you want time off to take your child into hospital in a week’s time the right doesn’t apply, although you may be able to take it as parental leave instead.
18.5 Compassionate Leave
In the unfortunate event of a bereavement or serious illness of a close family member (e.g. Parent, spouse, brother, sister), the Company will consider requests for compassionate leave.
Every situation will be treated on its merits and will be at the Company’s discretion.
As a general guide, in the event of the death of a close family member e.g. spouse/partner or child, and where you have the responsibility of organising funeral arrangements, up to 3 days paid leave may be granted. Where you will be attending the funeral of a close relative e.g. brother, sister, grandparent, but you do not have responsibility for the funeral or other arrangements, one day’s paid leave will normally be granted.
18.6 Parental Bereavement Leave
Introduction
We recognise that, while dealing with any bereavement is difficult, the death of a child is among the most devastating events that an employee can ever face.
This policy reiterates our commitment to supporting employees through their grief by ensuring that bereaved parents can take parental bereavement leave.
This policy applies to employees who have suffered the loss of a child (ie under the age of 18) on or after 6 April 2020. The policy also applies to parents who suffer a stillbirth after 24 weeks of pregnancy.
Who can take parental bereavement leave
Whatever your length of service, you can take parental bereavement leave if you are the:
- parent of a child who has passed away; or
- partner of the child’s parent, where you live in an enduring family relationship with the child who has passed away and their parent; or
- “parent in fact” of a child who has passed away, which means that, for a continuous period of at least four weeks before the child died, you have been living with the child and had “day-to-day responsibility” for the child
(but you have not been paid to look after the child);
- “intended parent” of a child who has passed away, ie a parent using a surrogate;
- “natural parent” of a child who has passed away who is named in a court order, ie where a court orders some contact for an adopted child’s birth parent; or
- adopter of a child who has passed away.
In practice, this means that most employees with parental responsibility for a child who passes away on or after 6 April 2020 can take parental bereavement leave.
If you have suffered a bereavement, but are unsure if you are entitled to parental bereavement leave, you should contact [name of individual/the HR department] for clarification.
What leave a bereaved parent can take
For each child who has passed away, a bereaved parent can take one or two weeks’ parental bereavement leave.
Parental bereavement leave is not available as individual days.
Timing of parental bereavement leave
If you are a bereaved parent, you are able to take the leave as:
- a single block of two weeks; or
- two separate blocks of one week at different times.
The leave must be taken within 56 weeks of the date of the death of your child.
This lengthy period recognises that, as a bereaved parent, you may need some flexibility as to when you take the leave. For example, you may:
- wish to take leave around the first anniversary of your child’s death or at another particular time that is special, such as your child’s birthday; or
- already be on another type of leave, such as maternity leave or sickness absence.
Notice to take parental bereavement leave
Informal notification, such as a phone call or email, is sufficient to take parental bereavement leave.
If you intend to take parental bereavement leave within the first 56 days after your child’s death, you can take the leave straightaway. You do not have to provide a period of notice. This means that you can begin parental bereavement leave by letting [your line manager/the HR department] know no later than when you are due to start work or, if that is not feasible, as soon as is reasonably practicable.
If you intend to take parental bereavement leave more than 56 days after your child’s death, you have to give [your line manager/the HR department] at least one week’s notice of your intention to take parental bereavement leave.
Cancellation of parental bereavement leave
If you have asked to begin parental bereavement leave within the first 56 days of the date of your child’s death, you can cancel your parental bereavement leave, as long as you let [your line manager/the HR department] know before you would have been due to start work.
If you have asked to begin parental bereavement leave more than 56 days after your child’s death, you can cancel your parental bereavement leave, as long as you let [your line manager/the HR department] know at least one week in advance.
You cannot cancel any week of parental bereavement leave that has already begun.
Pay during parental bereavement leave
To be eligible for statutory parental bereavement pay, employees who are on parental bereavement leave are required to have:
- at least 26 weeks’ continuous employment with their employer by the week before the week in which their child passes away, and still be employed by that employer on the day on which the child passed away; and
- normal weekly earnings in the eight weeks up to the week before the child’s death that are no less than the lower earnings limit for national insurance contribution purposes.
If you take parental bereavement leave and qualify for statutory parental bereavement pay, you will be paid at the rate set by the Government for the relevant tax year, or 90% of your average weekly earnings where this figure is lower than the Government’s set weekly rate. A non-eligible employee’s parental bereavement leave will be unpaid.
You must give us notice of the weeks during which you wish to claim statutory parental bereavement pay. You must normally give the parental bereavement pay notice within 28 days of the first day for which you are claiming statutory parental bereavement pay. However, if that is not feasible, you can provide the notice as soon as is reasonably practicable.
At the same time as you give notice, you must provide evidence of entitlement to statutory parental bereavement pay. To ensure that we can pay statutory parental bereavement pay, your line manager will ask you to sign and return a form to provide notice and evidence of entitlement to parental bereavement pay.
Rights during parental bereavement leave
During parental bereavement leave, all terms and conditions of your contract except normal pay will continue. Salary/wages will be replaced by statutory parental bereavement pay if you are eligible for it.
Pension contributions will continue to be paid.
Returning to work following parental bereavement leave
You have the right to resume working in the same job when returning to work from parental bereavement leave if the period of leave, when added to any other period of statutory leave (typically maternity leave, paternity leave, adoption leave, or shared parental leave) in relation to the same child, is 26 weeks or less.
You are entitled to return to another job that is suitable and appropriate for you, rather than the same job, if:
- the period of leave taken is more than 26 weeks, when added to most other periods of statutory leave taken in relation to the same child; and
- it is not reasonably practicable to return you to the same job.
Data protection
When dealing with parental bereavement leave, line managers and the HR department will process any personal data collected in accordance with our data protection policy. In particular, line managers and HR will record only the personal information required to deal with a request for bereavement leave and keep this information only for as long as necessary to deal with the request and provide the necessary support.
18.7 Jury service
If you are called for Jury Service please tell your Manager as soon as possible.
You will not be entitled to payment for Jury Service but you can claim compensation from the court. Any payments made to compensate for loss of earnings will be entirely at the Company’s discretion.
If on any day during the period of your jury service you are released early or not required in court, you must make every effort to attend work on that day where practicable. If in doubt you should telephone your Manager for guidance.
The Company reserves the right to seek a postponement of jury service if your absence will seriously affect the Company.
18.8 Public Duties
You are entitled to reasonable unpaid time off during working hours to perform the duties associated with positions such as Justices of the Peace, members of a local authority, statutory tribunal or police authority.
18.9 Retirement
The Company does not have a normal retirement age. Should you know the date that you wish to retire, you should write to the Company providing as much notice as is reasonably practicable. The minimum notice that you should provide is the same as if you were to leave the Company at any other time and this is specified in your contract of employment.
19 Family Friendly Policies
This is a summary of your entitlements. If you want to know more, please ask your Manager.
19.1 Maternity leave
19.1.1 Length of leave
There is a basic entitlement to 52 weeks maternity leave for any pregnant employee regardless of length of service.
You accrue holiday while you are on maternity leave and you can take it at the end of your leave.
When you return to work it will normally be to the same job you were doing before you left.
19.1.2 What you must do
To qualify for these rights you must tell the Company of your pregnancy and the date you want to start your maternity leave, by the 15th week before your baby is due. Bring a MATB1 form which states the date your baby is due.
If you don’t want to take your full maternity leave you must tell the company at least 8 weeks before the date you want to return.
You may choose to divide the period of leave entitlement between you and your partner. Please also refer to paternity leave guidance.
19.1.3 Ante natal care
You are entitled to time-off with pay to attend ante natal appointments, provided you show your appointment card if asked by your Manager.
19.1.4 Maternity pay
If you have at least 9 months and 2 weeks service when your baby is due you will be entitled to maternity pay for 39 weeks (provided you earn enough to pay NI contributions). The first 6 weeks are paid at the higher rate of 90% of normal earnings.
Please direct any questions in respect to your maternity pay to your Manager who will be able to advise whether you are entitled to receive Statutory Maternity Pay (SMP) or Maternity Allowance (MA).
19.1.5 Keeping in Touch
The company can contact you while you are on maternity leave, to discuss arrangements for your return to work.
If both you and the company agree, you can do paid work for the company for up to 10 days during your maternity leave without losing your entitlement to receive SMP.
19.2 Paternity leave
You can qualify for paternity leave for a newly-born or newly adopted child if you have 9 months and 2 weeks service when the baby is due.
To qualify, you must have responsibility for the child’s upbringing and be the biological father or the mother’s husband or partner who is not necessarily biologically related to the child. In an adoption situation should the father wish to take adoption leave then the ‘mother’ or female carer of the adopted child, may take paternity leave.
19.2.1 Length of leave
- You can take a block of one or two weeks, but not odd days or separate weeks.
- Your leave can start when the child is born (or adopted), or later but must be taken within 8 weeks of the birth (or adoption).
19.2.2 Paternity pay
• Statutory Paternity Pay is the same as the standard rate of Statutory Maternity Pay.
What you need to do
- Tell the Company about your paternity, at least 15 weeks before the baby is expected.
- Fill in and return the paternity leave form when your Manager gives it to you.
If you would like more information about paternity leave, please ask your Manager. In addition to the above requirements additional paternity leave (APL) entitlements are available to eligible employees subject to them satisfying the following criteria:
- the father must remain in continuous employment with the employer until the week before the first week of his additional paternity leave;
- the mother must be entitled to one (or more) of maternity leave, statutory maternity pay or maternity allowance;
- the mother has to have, or is treated as having, returned to work; and
- certain procedural requirements such as giving appropriate notice to the employer must have been met.
19.3 Parental leave
Parental leave is unpaid leave which can be taken by any employee with one year’s service who has parental responsibility for a child. Parental leave must be used for caring for the child.
Up to 4 weeks can be taken each year for each child. A maximum of 18 weeks in total can be taken for each child, inclduing where the child is entitled to a disability living allowance.
Parental leave can be taken immediately after maternity leave.
19.3.1 When can Parental leave be taken?
- Leave can be taken up to the child’s fifth birthday. If the child is adopted it can be taken up to the fifth anniversary of the child’s adoption, or the 18th birthday, if earlier.
- If the child is disabled, leave can be taken at any time up to the 18th birthday.
- Parental leave is taken in blocks of one week (or, if the child is disabled, in blocks of one day) up to a maximum of four weeks for each child in any year. For this purpose a ‘year’ starts on the date the employee is first eligible to take parental leave.
- The Company has the right to postpone leave, for up to 6 months, if it would disrupt the business. Leave cannot be postponed if it is to be taken at the birth of a child or at the start of an adoption.
19.3.2 What you must do
If you wish to take parental leave you should give at least 21 days notice. The Company may ask you for evidence of your entitlement.
19.4 Adoption leave
Most of the rights and procedures for maternity apply to adoption.
To qualify for adoption leave, you must have 26 weeks service and be newly matched with a child by an approved adoption agency.
Adoption leave is not available where a child is not newly matched for example when a step-parent is adopting a partner’s children.
For parents of babies due (or matched for adoption) on or after 3 April 2011, an employee who meets the qualifying criteria and notice requirements will also be entitled to take up to 26 weeks Additional Paternity Leave (APL). Please refer to the paternity section for further information.
If you would like more information about adoption leave, please ask your Manager.
19.5 Flexible Working
Employees have a statutory right to request to work flexibly and to have their flexible working application dealt with in a reasonable manner. In order to make a request under the statutory right, you must have worked for the Company for a continuous period of 26 weeks at the date of application. You must also not have made another request to work flexibly under the statutory right during the previous twelve months.
Please speak to your Line Manager if you require further information.