ViaCon-Tubosider employee handbook
INTRODUCTION
Welcome
If you have recently joined our Company, we extend a warm welcome to you and hope that you will enjoy working with us both now and in the future.
We aim to foster a working environment where all employees can operate in a safe, open and trusting environment, with all employees having respect for each other.
We embrace diversity in the workplace and are committed to ensuring equal opportunities for all our staff. We will not condone any discriminatory acts or attitudes, whether perpetrated by our staff, or towards our staff.
We ask that you study the contents of the whole of Section 1 of this handbook as it sets out our rules and procedures and other information which form part of the Terms and Conditions of your Employment. Once you have read and digested this information, please sign and date your individual Statement of Particulars/Contract of Employment.
If you have any queries regarding this handbook, please speak to your Line Manager.
The contents of this handbook may well be amended from time to time as a result of changing legislation, as our Company’s needs to change, or for any other reason we deem appropriate. You will be informed, by email, of any such changes as and when they happen.
About your handbook
This handbook consists of three main sections, Section 1 forms part of your Employment Terms and Conditions, while Sections 2 & 3 cover the Company’s Procedures and Policies and are here for your information and future reference.
Section 1a
This section will give you basic information concerning, your role within the Company, your place of work, our Induction programme, your training opportunities, holidays and absence.
How we expect you to behave as an employee of Tubosider (UK) Ltd and how we maintain and monitor security
Section 1b
This section will give you basic information concerning the Companies procedures for booking holidays, discipline, and grievances etc.
Section 1c
This section will give you basic information concerning the Companies Policies on Employee Development, Health & Safety, and Absence etc.
Together these sections will give you some general information about the way in which the Company operates as an employer. It also constitutes an important part of your ‘Terms and Conditions of Employment’ with Tubosider (UK) Limited.
We ask that you carefully study the contents of the three parts of Section 1 as they set out our rules and other information which you may find useful.
If you have any queries regarding items within Section 1, you should in the first instance see the relevant part of Section 2, which deals with the procedures in more detail, or see Section 3, which deals with the policies in greater detail. If you still have further questions regarding items within the Handbook, please contact your line manager.
Once you have read and digested the information contained in Section 1 of this Handbook, please sign and date your individual ‘Statement of Particulars/Contract of Employment’.
Section 2
This section deals, in greater detail, with your employment, the procedures applicable to Tubosider (UK) Ltd, for such things as, for example, booking holidays, notifying us that you are absent due to sickness, and our disciplinary and grievance procedures.
Section 3
This section gives full details of the Company’s Policies on such things as Health & Safety, Data Protection, and Alcohol & Drugs etc
SECTION 1a
Employment
Employment by Tubosider (UK) Limited
We believe that our staff are our greatest assets. For many of our staff, you are the face of our Company and as such, clients, customers, and members of the public will judge us on how you perform your job and present yourself to them.
We aim to provide you with the information and skills necessary for you to carry out your job to the best of your ability.
Offers of Employment
Upon or prior to commencement of employment, or promotion, a letter giving you the details of the offer will be sent to you. The letter will include a summary of your main benefits, or in the case of promotion, any additional benefits that apply to your new position within the Company.
Your Statement of Particulars/Contract of Employment will also be issued to you, which you should read carefully, in conjunction with SECTION 1 of this handbook. You should sign one copy of each document and return them to the Company. The remaining copies should be retained by you in a safe place and kept for future reference
Conditions of an offer of Employment
Any offer of employment is conditional on the following:
· the receipt of satisfactory references by the Company, either prior to commencement, or within 28 days of employment.
· confirmation of employment entitlement to work in the UK.
· a satisfactory employment medical examination by the Company’s appointed medical practitioner, this will be at the discretion of the Company and at the Company's expense. Such medical examinations may include random tests for drugs/alcohol.
· production of any professional or vocational qualification certificates.
· The first three months of work shall be regarded as a trial period.
· If your performance is deemed to be unsatisfactory or unsuitable in any way, the Company reserves the right to terminate your employment or extend any trial period.
Conditions of an offer of Promotion
Any promotion is conditional on the following:
· The first three months shall be regarded as a trial period.
· If your performance is deemed to be unsatisfactory or unsuitable in any way, the Company reserves the right to extend any trial period.
· Prior to your promotion or transfer you will have been notified if the previous position will be kept open to the end of the trial period
Statement of Particulars/Contract of Employment
A ‘Statement of Particulars/Contract of Employment’ will be issued to you when you join the Company.
The ‘Statement of Particulars/Contract of Employment’, plus details given in Section 1 of this handbook, form your terms and conditions of employment with the Company. These are, from time to time, updated in which case written notification (either by Employee notices or individual notification) will be given of any changes.
By taking employment with the Company, you are deemed to have accepted these terms and conditions and to have undertaken to comply with such policies, practices, and procedures.
Job Roles
Whilst you have been employed in a particular job role, we may need you to carry out various duties outside of this role and it is a condition of your employment that you do so when required. We will only ask you to perform duties which we feel you can perform.
Place of Work
You normal place of work is detailed in your ‘Statement of Particulars/Contract of Employment’, however, to ensure the effective and efficient running of the Company as a whole, you may need to work at locations other than ones you are accustomed to and it is a condition of your employment that you do so when requested.
Hours of Work
Your Hours of Work are detailed in your ‘Statement of Particulars/Contract of Employment’. This section also includes the details of any paid or unpaid meal breaks.
The Company may require additional hours to be worked, dependent on the needs of the business.
No payments will be made for these additional hours unless it is otherwise stated in your ‘Statement of Particulars/Contract of Employment’.
All hourly paid employees will use the Timecard Attendance System at the start and end of each working day and at meal breaks.
All personnel will be required to indicate by using the Swipe Card Security System whether they are on the premises. This requirement is for fire safety
Remuneration
Rate of Pay
Your normal rate of pay, frequency and method of pay is detailed in your ‘Statement of Particulars/Contract of Employment’. Any changes to basic or contractual pay will be notified to you in writing. If you have any queries relating to your pay, please contact your Line Manager.
Payment of earnings will be made directly into your nominated bank account on the date specified in your (Statement of Particulars/Contract of Employment).
From time to time discretionary payments/gifts may be given by the Company and should not be regarded as part of annual remuneration or a term of your contract of employment.
Deductions and Overpayments
Your pay is subject to statutory deductions for Income Tax and National Insurance as detailed on your payslip, which will itemise these deductions as well as any other deductions you may have authorised. If you are late or absent from work, without authorisation, we may also make a deduction, based on your normal rate of pay for the time you were absent. (see Lateness and Absence below)
Deductions will also be made by us if a court order is in place instructing us to do so, or for any other amount we are contractually allowed to deduct or to which you agree.
Summary of our Rights to Deduct
If any overpayments are made, for whatever reason, we will inform you as soon as possible of the amount and reason for the overpayment. We will then normally deduct the amount overpaid from the first payment to you after discovery of the overpayment. If discover that you have been overpaid at any time, you must inform your Line Manager immediately. Failure to do so could be regarded as a disciplinary offence.
We reserve the right to recoup any losses the Company occurs from your wages/salary, or any other monies owing to you (e.g. Commission, Bonuses, Accrued Holiday Pay at the Termination of Employment.)
Pay Slips
Pay slips will be distributed to staff prior to payment dates. If you are unable to collect your salary slip personally, your written authority must be given to the person nominated by you to collect it.
Lateness and Absence
If you arrive for work more than four minutes late, we will make a deduction of the number of minutes late, with a minimum of fifteen minutes, from your pay based on your hourly rate of pay. If you arrive for work more than one hour late and have not notified us before your expected starting time, without having previously, provided us with an acceptable reason for the delay, we may find it necessary to cover your duties, or disperse your workload to other staff, or reschedule work in other ways.
In the event of one of these scenarios we reserve the right to send you home for the remainder of the day without pay.
Lay-off Pay
If we are unable to provide you with work, we may need to lay you off for the period or reduce your working week whilst we try to resolve the situation. If you are laid off work, you will receive either statutory guaranteed pay or your normal basic wage, whichever is the lower, for up to five days (pro-rata) of lay off. After this period, there will be no entitlement to payment for any days not worked. We will normally only invoke this right as a last resort and for as short a time, as necessary. Your continuity of employment with us will be protected during such a situation.
Pay on Leaving the Company
If you leave the Company, your final wages will be paid in the normal way by direct transfer on the normal pay date following your departure.
The final payment will be made up of wages up to the date of termination plus any other monies due.
Probationary Period
When commencing employment with us, the initial period of employment will be on a probationary basis and is normally for three months. This period is to allow us to assess your performance and for you to decide if you wish to continue your employment with us. At any time during this period we may, if we are unhappy with your progress, extend your probationary period or, if we feel it is appropriate, terminate your employment without recourse to our full disciplinary/capability procedures. You should not consider your probation period passed until it has been confirmed in writing.
Induction
Your induction programme is designed so that you fit in quickly and effectively into your role at Tubosider. During your induction you will normally be issued with your ‘Statement of Particulars/Contract of Employment’, advised of the core company rules and given an explanation about the Company’s health, hygiene, and safety procedures.
You will also receive a comprehensive induction to the workplace, your colleagues, catering facilities, duties, health & safety, and other procedures
Personal Details
It is important that we have up to date and accurate records of your personal details, for example your telephone number, e-mail address, home address, the name and address of your next of kin, together with bank details etc; for this reason, if any of the details we hold change, it is imperative that you notify your Line Manager, in writing, as soon as possible.
Training and Development
The Company recognises that all employees play a crucial role in ensuring the success of the business and is therefore committed to providing training and development to improve the skills and competence of all its employees.
As part of the Company’s effort to achieve its objectives, it will provide you with the appropriate training to develop the knowledge and skills necessary for you to perform your duties effectively. The Company recognises its employees as one of its most valuable assets and acknowledges the benefits resulting from the continued enhancement of the skills and talents of its employees, and wherever possible will ensure you have the opportunity for career development.
At all times you, together with your Manager, have the responsibility for your personal training and future development. The Company will endeavour to meet your needs where these coincide with the needs of the Company.
This policy covers the different types of training and development you might expect and how the Company may recover the cost of training.
Induction Training
Shortly after your commencement of employment. You will be given training in the form of an induction to the Company will include:
A general introduction to the Company
· Its History, the Disciplinary and Grievance Procedures, an introduction to the members of your Department including a brief tour of your workspace, and general time-keeping requirements
· Your hours of work including overtime. rates of pay, pension scheme, and if applicable bonus schemes, or commission payments
· Absence, including: Holidays, Sickness SSP etc.
· This Employee Handbook and where to find a copy.
A basic introduction to Health & Safety Training:
· Personal Protective Equipment (PPE)
· Control of Substances Hazardous to Health (COSHH)
· Mechanical Handling Equipment
· Noise at Work Regulations 1989
· Accident Reporting
· First Aid
A basic introduction to Office Safety and Display screen equipment.
This training is normally for office-based employees, however, other employees who may be classed as ‘Users’ will also be given training.
A basic introduction to Fire Safety Training:
· The Regulatory Reform (Fire Safety) 2005
· Fire Drills.
· Types and Uses of Fire extinguishers.
A basic introduction to Manual Handling Training:
· The legislation about Manual Handling.
· Lifting, carrying, pulling, and pushing.
Further Training
Training opportunities within the Company will normally be made known to all employees.
Occupational Training
Throughout your employment with the Company, there may be a need to acquire new skills provided through occupational training delivered by colleagues.
Internal Training
Occasionally, the Company will arrange for external training providers to deliver training courses in the workplace. The introduction of new equipment or working methods is the usual trigger for this type of training. This will be arranged when the Company feels that the level of training is not available in-house.
The provision of external training providers is the responsibility of the Company. Courses will be arranged during the normal working day and in most instances, they will be run on a group basis. You are required to attend any courses that the Company has arranged on your behalf. Failure to attend a course, without reasonable excuse, may result in disciplinary action being taken.
External Training
External training is usually designed on an individual basis, it can take many forms, ranging from short courses of a few hours duration through to lengthy courses leading to the award of formal qualifications.
If it is necessary for you to have this type of training to carry out your duties the Company will make the necessary arrangements.
When you undertake external training courses, there may be significant cost implications, you will be required, prior to commencement of the course, to sign an agreement to repay all or a proportion of the cost of the course if you leave the Company’s employment within a specific time. Full details of the cost and period will vary for each course and will be set out in the original agreement letter for the course.
External Examinations
If you fail any external examination appertaining to an External Training Course, the Company may, at its discretion, pay for you to re-sit the examination.
Appraisal and Review
We will carry out regular appraisals with you with a view to maximising your potential within our Company. The appraisal should be a two-way process, giving you ample time and opportunity to discuss your role. The aim of the appraisal is to identify where you excel, where you need any further help or guidance, and if appropriate, agree future objectives. You will then have regular, informal update meetings throughout the year to measure your progress against the objectives.
Communication
The Company recognises the importance of an effective two-way flow of information and the establishment and maintenance of good communications channels across the organisation. The methods of communication described below have been set up to provide, both the Company and you with information and feedback, in order to keep you more involved in the activities of the business and to encourage an active, two-way communication process.
Open Door Policy
Tubosider operates a system based on freedom of discussion.
That means:
· ask for help when, you need it,
· make a suggestion, when you want to,
· air your complaints, when you have them.
Company Computer Network
The Company allows employees access to this, and other relevant documents, via the Company’s computer network and via the internet.
Notice Boards
The notice boards may contain information on a wide range of topics. These may be of a Company or general nature. The notice boards are located at key points in offices and the factory. To maintain contact with current topics, affairs, and events, you should make a point of reading notices on a regular basis.
Driving a Company Vehicle
If driving is an essential or substantial part of your role, you will be supplied with a Company vehicle.
Authority to Drive
Before you can drive any of our Company vehicles, you must provide a copy of your full licence to us together with any other relevant information we may require.
We will need to see your driving licence. A photocopy will be taken and held in your employee file. If under your Contract of Employment, a second driver is also allowed to drive the Company Vehicle you must provide the same information for the second driver.
Throughout your employment with us, you will be asked to produce your licence, and any other licences relevant to the company vehicle, at regular intervals, together with any other relevant information. It is a condition of your employment that you do so when requested.
If driving is an essential part of your job with us and you fail to provide the above documents for scrutiny by us, we may have no alternative other than to terminate your employment.
If your role requires you to drive in the course of your employment and you lose the right to hold a licence, for whatever reason, the Company will consider reasonable adjustments to your employment which may result in a change of job role, however the company also reserve the right to terminate employment if adjustments are not possible or reasonable.
It is your responsibility to ensure that you do not allow anyone to drive who is not authorised to do so by the Company. Failure to comply with this rule will classed as Gross Misconduct.
Before driving any of our vehicles you must ensure you are fit to do so. You must not drive under the influence of alcohol, illegal drugs or any medication that could affect your driving. If you are caught driving under the influence of any of these substances, you may be prosecuted. This will also result in disciplinary action.
Driving Licences
Driver's licences will be checked annually for drivers of company vehicles or privately-owned vehicle which are used on Company Business.
Tax and Insurance, etc.
The Company is responsible for ensuring that the vehicle has road tax, MOT and insurance, however, under British law it is the driver who will be prosecuted so you should check that the tax, insurance, and where applicable the MOT, is valid. Otherwise if you are found to be driving an unlicensed, uninsured or a vehicle without a valid MOT, you will be held accountable by the authorities, for the offences which all carry a fine and between 3 and 9 penalty points on your licence.
To check the above details please use for:
Tax & MOT details: https://www.gov.uk/get-vehicle-information-from-dvla
Insurance details: https://ownvehicle.askmid.com/
Maintenance and Repairs
We will endeavour to ensure the vehicles are regularly serviced and have a valid MOT certificate. If you are aware that the vehicle has not been serviced or MOT’d on time, you must immediately report the matter to your Line Manager and should not drive the vehicle until you have been assured that it is legal to do so.
Any mechanical problems with the vehicle must be reported to your Line Manager immediately.
It is the driver’s responsibility to check the pressure of all tyres, oil, and water levels on a regular basis and to ensure that the vehicle always has adequate supplies.
The vehicle must be cleaned internally and externally on a regular basis, and it is the driver’s responsibility to keep the vehicle clean.
Use of the Vehicle
Unless specified in your ‘Contract of Employment’ the vehicle must not be used for social, domestic and pleasure purposes, and must not be driven by any other person.
The vehicle must not be driven in an unroadworthy condition.
Please ensure that nothing is carried in the vehicle which may invalidate the insurance in the event of an incident or accident. If you are found to have done so, this may be regarded as Gross Misconduct and could lead to your summary dismissal.
Excess Insurance
If at any time an individual driver has an excessive claims record, and because of that the Company’s insurers impose an increased excess on the policy, that driver will, in the event of a claim, have to bear the amount of this excess.
Fuel
Unless specified in your ‘Contract of Employment’ we will only reimburse you for all fuel used on official Company business, and Office based staff will not be reimbursed for travel to and from the office. You must complete an expenses form which you should submit to the Accounts Manager monthly.
Vehicle Checks
Regular weekly vehicle checks should be carried out on tyres, lights, bodywork, and battery levels, and any defects reported to the Management Accountant, together with petrol receipts.
Loss or Damage to the Vehicle
Employees are required to report any accident, loss or damage involving any company vehicle to the Managing Director immediately, and then to provide full a written report on the next following working day.
You will also be given an insurance form to complete and return to us by the next working day at the latest
If the Loss or damage is as a result of your negligent behaviour, or your failure to follow company rules and procedure, we may deduct the cost of the repair or the insurance excess (whichever is the lesser) from any monies owing to you.
Accidents
In the event of an accident involving the vehicle, you must notify the Company as soon as possible after the accident. In line with our insurer’s guidelines, you should not admit liability for the accident with the other party.
The Company vehicle user is responsible for obtaining particulars of any persons involved in the accident, photographs of any damage to all vehicles involve, as well as the names and addresses of witnesses. An accident report form must be completed within 24 hours of the date of the accident and given to the Managing Director.
Employees are required to pass on to the Company any correspondence received, unanswered, by return post and these matters will be dealt with promptly by the Company.
If it is found that the accident is because of your negligent behaviour, we may deduct the cost of the repair or the insurance excess (whichever is the lesser) from any monies owing to you.
Motoring Offence/Fines
If you receive a summons or conviction which could affect your insurance cover, then you must notify your Line Manager immediately.
Any motor offences committed by you whilst driving the Company vehicle will be your responsibility, including any fines imposed to the vehicle whilst it is in your possession. We will not pay for any fines whether civil or criminal. If we receive a police or court summons referring a vehicle in your charge, we will notify the issuer of your name and address.
If the fine remains unpaid, we may pay the fine and deduct the cost from any monies owed to you by us.
Use of Mobile Phone Whilst Driving
It is illegal to use a mobile phone whilst driving unless using an approved hands-free kit. BEWARE If the use of a mobile phone with a hands-free kit results in an accident, the driver can still be prosecuted, for dangerous driving, driving without due care and attention or for not having full control of the vehicle. All of which are serious offences which can lead to penalties such as a heavy fine, Community Penalty (unpaid work of up to 300hrs) and for causing death by dangerous driving the penalty starts at a term of imprisonment.
We do not encourage you to use a mobile phone whilst driving, even with a hands-free kit. If there is another person in the vehicle, they should use the phone instead. If you do take any
calls whilst driving, you should only take such calls if you consider it safe to do so and the call should be kept very brief and only when using a hands-free kit. If it is not safe to take the call or the call is likely to be lengthy, you should park the vehicle, where it is safe to do so, and return the call as soon as possible.
Safety of Vehicles and Their Contents
It is the employee’s responsibility in the event of theft of the vehicle or Company property to identify any missing items and to report the incident to the police, and their immediate Manager.
Equipment, tools, or any property whether private or company owned should not be left in an unlocked vehicle, even for short periods of time. If we suffer a loss from an unlocked vehicle, we will deduct the cost of replacement of such items from any wages or other monies owing to you.
Vehicles should not have keys left in the ignition, without the driver being sat in the driving seat, irrelevant of the time involved. All vehicles should be locked when no-one is in attendance. If a vehicle is stolen or damaged under such circumstances, we may deduct the cost of the insurance excess, from your pay or any other monies owing to you.
Company Vehicle Opt-out.
If you have chosen to opt-out of the benefit of a Company Vehicle and have chosen to use your own car you will be issued with a separate set of terms and condition, relevant to the use of your vehicle, a copy of which are available from the Managing Director.
Driving your Own Vehicle on Company Business
If you have a business need to travel occasionally, but have not been allocated a Company vehicle, you may be eligible to use your own vehicle on Company business and reclaim a mileage expense.
Certain conditions apply to the use of private vehicles on Company business.
· The employee’s must provide proof of insurance to cover business use, via their own insurance policy.
· Company must hold, a copy of your insurance certificate in confirmation
If you do not have your vehicle insured for business use, or your insurance refuses to pay out, regardless of reason, for any claims, the Company will not be responsible for any cost or damage incurred. You must also ensure that the car has a valid MOT certificate and you have a valid driving licence. We may ask you to produce any of the above documents as proof at any time, and it is a condition of your employment that you do so when required.
Company Equipment
Company equipment may only be borrowed or hired, with permission, this must be authorised in advance, in writing by your Senior Manager.
A list of all Company owned equipment on loan will be held in your personal file, and all equipment must be returned if you leave the company. Failure to do so will lead to a deduction from your final pay to the full replacement value of the equipment.
Personal Property
All property left on Company premises is left at the owner's risk, including cars, motorcycles, and cycles.
Lockers are provided for the storage of personal belongings. Do not leave personal belongings in your work area.
Except in cases of emergency, you are not allowed to receive personal visitors who have not signed it at reception. It is in the interest of all employees to ensure that the Company’s security is not compromised. If anyone sees someone on site who is not known to him or her and are not wearing ID or a visitor’s badge, please raise the matter with your Manager who should challenge any unrecognised/unauthorised visitors.
Security
CCTV
Staff should note that a 24-hour CCTV security camera system, is in operation both internally and externally throughout the Company’s premises. These have been provided for your safety and to combat crime
Personal Searches
As part of the Company’s security procedures, an authorised employee of the Company (or authorised agent acting on its behalf) may question you whilst you are on or leaving the Company’s premises in relation to the property of the Company, its employees or visitors.
Such person may require you to submit to a personal search (which will be conducted with proper regard to gender and ethnic sensibilities).
Such person may also search any property you have with you and/or any vehicle in or on which you may be riding and/or desk, locker or other storage allocated to you. Any search may, at your request, be conducted in the presence of a fellow employee nominated by you. Subject to the nominated employee being available at the time. If the nominated person is unavailable the Company will nominate an independent witness.
You are required as a term of your employment to co-operate fully with any reasonable request or instruction. Failure to do so will be dealt with under the Company’s disciplinary procedure and could lead to dismissal without notice.
Company Property
Employees are responsible for any Company equipment or documents issued to them whilst in the Company’s employment.
On leaving employment with the Company, you must return all items of Company property, protective clothing, keys, papers and documents, or copies of documents, pertaining to the Company. Outstanding payments will not be made until all property has been returned to the Company.
The removal of the Company’s possessions and/or stock from the premises without permission will be considered as theft. Any employee who contravenes this rule will be liable to instant dismissal.
Company Information
You must treat the affairs of the Company as confidential and not discuss any sensitive information with anyone outside the Company.
It is an express condition of employment that, you do not, through your acts or omissions breach or put at risk the reputation, ethical values, or security of the Company.
No statement referring to the Company, its Employees or Business may be made to the media without written permission from the Managing Director.
Other Interests/Employment
It is a condition of your employment that you do not at any time during your employment with the Company directly engage, or be concerned with, any business of any kind that could in any way interfere with your duties to this Company, without first disclosing that interest to the Managing Director.
You may not be concerned in any business or job role similar to that of the Company, without first disclosing the full extent of that interest and obtaining approval from the Managing Director.
Notice Periods & Suspension
Full details of the notice period are outlined in your ‘Statement of Particulars/Contract of Employment’.
Under the employees ‘Conditions of Employment’, the Company reserves the right to suspend, with pay, any employee pending an investigation. The objective of such suspension is to allow the parties involved reasonable time to investigate and prepare for a hearing, and to ensure that action is not taken in "the heat of the moment".
The suspension will be followed by a hearing, which will be set at the earliest convenient time to both parties.
Changes in Personal Circumstances
It is important that we have up to date and accurate records of your personal details, such as telephone number, address, next of kin name and address, bank details etc, therefore if any of the details which we hold change, it is imperative that you notify your Line Manager, in writing, as soon as possible.
Any changes in personal circumstances i.e. change of address, telephone number or bank details etc. should be notified to the Management Accountant by completing a 'Change of Employee Details' form a copy of which is available from your Line Manager.
Data Protection
Employees consent to the Company processing information about themselves in accordance with the terms of the Company’s Data Protection Policy in force from time to time.
The details of this policy are given in SECTION 3 of this document.
The Company is entitled to make changes to the Policy but will always notify the employee in writing of any such changes, one month before implementing them.
If an employee has any concerns or objections to the changes in the Policy, these should be raised with the Management Accountant.
Company Credit Cards
If you are issued with a company credit card it is to be used solely for legitimate business purposes. If you knowingly claim for items which were not used on legitimate Company business, this will be regarded as gross misconduct and could lead to your summary dismissal, furthermore all transactions MUST be supported by a valid receipt
Any award points or other similar loyalty benefits are the property of the Company and as such failing to notify us of such awards or making use of any award points or other similar loyalty benefits may be deemed as misappropriation of company property and may result in disciplinary action which may lead to your summary dismissal. You must ensure that the Company credit card is always kept in a safe secure location.
If you lose the company credit card or if it is stolen it is your responsibility to notify the Management Accountant immediately.
Expenses
Expense forms must be submitted at the end of each month to the Management Accountant.
Employee Monitoring
This section sets out the Company's approach to employee monitoring, and provides information relating to the types of monitoring used and the Company's obligations in relation to such monitoring and in introducing additional monitoring.
Monitoring
You should be aware that the Company may carry out employee monitoring as follows:
Covert
Covert monitoring will only be carried out in exceptional circumstances and with the full authority of the Managing Director, and a minimum of one other member of the Senior Management Team.
Telephone
Employee monitoring may be necessary to detect and/or investigate unauthorised or excessive use of the Company's telecommunications systems.
Regulatory
To maintain compliance with regulatory practices or procedures relevant to the Company.
Detect and/or prevent crime.
How
The monitoring carried out may include:
· monitoring lateness, and general timekeeping.
· video camera surveillance, and the recording of video images.
· checking e-mails and analysing e-mail traffic to ensure the system is not being abused, or sensitive information is leaving the Company.
· checking websites visited by employees using the Company systems.
· recording telephone calls and checking call logs.
· monitoring the use of Company vehicles via vehicle-tracking systems
Use
The Company may use information gathered through employee monitoring as the basis for disciplinary action against employees.
If disciplinary action results from information gathered through monitoring, you will be given the opportunity to see or hear the relevant information in advance of the disciplinary meeting.
The Company will ensure data collected through monitoring is processed in accordance with the Company's Data Protection Policy and the Data Protection Act 1998 and it will be kept secure and access will be limited to authorised individuals.
Additional Monitoring
The Company reserves the right to introduce additional monitoring. Before doing so, the Company will:
· identify the purpose for which the monitoring is to be introduced
· ensure that the type and extent of monitoring is limited to what is necessary to achieve that purpose
· where appropriate, consult with affected employees in advance of introducing the monitoring
· weigh up the benefits that the monitoring is expected to achieve against the impact it may have on employees
Awareness
The Company will ensure employees are aware of when, why, and how monitoring is to take place and the standards they are expected to achieve.
Detection of Crime
If the Company has reason to believe that certain employees are engaged in criminal activity, the Company may use covert monitoring to investigate that suspicion. In such instances, any monitoring will take place as detailed above and will be carried out in accordance with Data Protection legislation
The Use of Social Networking Sites and Blogs
This statement sets out the Company's position on employees' use of social networking sites and blogs, whether conducted on Company media and in work time or your own private media in your own time.
Social networking sites and blogs offer a useful means of keeping in touch with friends and colleagues, and they can be used to exchange views and thoughts on shared interests, both personal and work-related.
Personal Accounts or Blogs
The Company does not object to you setting up personal accounts on social networking sites or blogs on the internet, they must be in your own time and using your own computer systems.
Restrictions
· You must not do so on Company media or in work time.
· You must not link your personal social networking accounts or blogs to the Company's website. Any such links require the Company's prior consent.
· You must not disclose Company secrets, breach copyright, defame the Company or its clients, suppliers, customers or employees, or disclose personal data or information about any individual, that could breach the Data Protection Act 1998, on your blog or on your social networking site.
· Social networking site posts or blogs should not be insulting or abusive to employees, suppliers, Company contacts, clients, or customers.
· If reference is made to your employment or to the Company, you should state to the reader that the views that you express are your views only and that they do not reflect the views of the Company. You should include a notice such as the following:
'The views expressed on this website/blog are mine alone and do not reflect the views of my employer'
· You should always be conscious of your duty as an employee to act in good faith and in the best interests of the Company under UK law.
· The Company will not tolerate criticisms posted in messages in the public domain or on blogs about the Company or any other person connected to the Company.
· You must not bring the Company into disrepute through the content of your website entries or your blogs.
· Any misuse of social networking sites or blogs as mentioned above may be regarded as a disciplinary offence and may result in dismissal without notice.
· You should be aware that any information contained in social networking sites may be used in evidence, if relevant, to any disciplinary proceedings.
· You must not disclose any information that is confidential or proprietary to the Company or to any third party that has disclosed information to the Company.
· The Company's Data Protection Policy provides guidance about what constitutes confidential information.
· This policy should be read in conjunction with the Company policy on Computers and electronic Communications.
· Breaches of this policy will be dealt with under the Company's Disciplinary Procedure. You should be aware that the Company regards breach of any part of this policy as Gross Misconduct that may result in disciplinary action up to and including dismissal without notice.
· If you become aware of information relating to the Company posted on the internet, you must bring this to the attention of your line manager
Whistle Blowing and the Public Interest Disclosure Act 1998
The Company’s Senior Management endorses and reviews the operation of this procedure, on a regular basis. You are encouraged to raise genuine concerns without fear of reprisals.
The Company constantly strives to safeguard and act in the interest of the public and its employees. It is important to the Company that any concerns, about fraud, misconduct, or wrongdoing, by employees or other agents, are identified and addressed.
This policy applies to all employees and all other agents of the Company, who are encouraged to raise their concerns in a responsible manner. The Company prefers that all concerns are raised, by individuals, to allow them to be dealt with in the correct way, rather than kept quiet.
Introduction
The whistle-blowing policy is intended to cover other serious concerns which fall with the Public Interest Disclosure Act 1998. We are committed to running our business with honesty and integrity and within the restraints of the law. As such whilst legislation protects you from suffering a detriment at work if you take a matter to a relevant outside body, we would hope that you would feel able to bring any concerns you may have to the attention of your Line Manager with confidence that any such concern would be dealt with appropriately and swiftly and without any fear of reprisal, even if your belief of wrongdoing turns out to be unfounded following a thorough investigation.
Whistle Blowing is the everyday term used to describe a disclosure made to someone in authority alleging corruption, malpractice, or wrongdoing on the part of another person.
In employment whistle blowing refers to an employee (“whistle blower”) making a disclosure about a colleague’s conduct in the course of employment, or about the employer’s practices
Legal Position
Employees and workers who make a ‘Protected Disclosure’ are protected from being treated badly or being dismissed because of making the disclosure. The Act offers protection to any person who makes a disclosure relating to the following serious offences:
· criminal offences,
· risks to health and safety,
· failure to comply with a legal obligation,
· a miscarriage of justice
· environmental damage
· abuse of a service user.
For a disclosure to be protected it must be made to an appropriate body. For example, disclosing a health and safety issue to the Health and Safety Executive is likely to be protected, but not if the concern was disclosed to the media. The raising of a concern will be covered by this policy provided you have a reasonable belief that the disclosure is made in the public interest.
Procedure
We are committed to the highest possible standards of operation. In line with that commitment we encourage you to consider raising the matter in writing to the Managing Director before taking the matter to an outside body. We will take all such concerns seriously and any individual raising legitimate concerns under this policy will not be subjected to any detriment either during or after employment. All such concerns raised will be thoroughly investigated and appropriate action taken accordingly.
Safeguarding Complaints
We recognise that the decision to report a concern can be a difficult one to make and we will support you during the process. We will not tolerate any harassment or victimisation (including informal pressures) and will take appropriate action to protect you when you raise a concern to us in good faith.
Every effort will be made to keep the identity of the whistle blower, who makes a disclosure under this policy, confidential at least until a formal investigation is under way. In order to ensure that a fair investigation can take place the whistle blower will also be expected to keep the fact that they have raised a concern, the nature of the concern, and the identity of those involved confidential. It may be that during an investigation, disciplinary, or legal proceedings, the company is no longer able to maintain the ‘whistle blowers’ confidentiality. If that does occur, the company will endeavour to notify the whistle blower in advance.
Untrue Allegations
If you make an allegation, but it is not confirmed by the investigation, no action will be taken against you. If, however, you make an allegation maliciously, vexatious, or for personal gain, disciplinary action may be taken against you and, dependent upon the circumstances, this may be treated as Gross Misconduct.
Employee Facilities and Services
The Company recognises its responsibilities for the health, safety, and welfare of all its employees. If any member of the workforce should develop a serious or life-threatening illness, it will take all reasonable steps to safeguard that person’s employment and welfare.
Accidents
If an employee suffers injury at work, however slight, they should seek the assistance of a Company First Aider to obtain proper medical treatment, if the First Aider deems it necessary for the employee to be taken to hospital, then the Company will provide the necessary transport, or call an ambulance. If the employee refuses to attend the Hospital they will be asked to sign a disclaimer to that effect.
The employee should report the accident to their line manager and complete an entry in the Company Accident book. Failure to report an accident may cause loss of benefit if they are subsequently absent from work due to the accident.
First aid facilities are available in the Production Office, Sales Office and Kitchen and a list of all current First Aiders are posted on the notice boards around the Company premises
Canteen
A canteen is available to provide employees with hot meals and drinks up to 14:00hrs Monday to Friday. A Staff Kitchen is available on the upper floor for staff relaxation during breaks and lunch times. The areas are there for your use - Please keep them clean and tidy!
Parking Facilities
All cars and other forms of transport parked on the Company premises are at the owner’s risk. The Company accepts no responsibility under any circumstances, for the theft of, or from, or damage to any vehicle parked on the premises. The Company reserves the right to refuse permission to park a private vehicle on the site.
Company Benefits
Pension Scheme
The Company operates a Group Personal Pension Scheme under the Governments Workplace Pension Scheme and the following rates of contribution apply:
Pension Contributions Based on total earnings |
|
Employers |
Employees |
4% |
5% |
The full terms and conditions of the scheme are available on request from the Management Accountant.
Holidays
Your annual holiday entitlement, including public/bank holidays, are detailed in your ‘Statement of Particulars/Contract of Employment’.
We believe that your holidays from work are an important aid to balancing your working life with your life away from work and for health reasons. We encourage you to take your full entitlement each year. We will not normally allow you to carry forward any of your holiday entitlement from one year to the next, nor will we make any payment in lieu of unused holiday entitlement.
You should request a holiday form each time you wish to book a holiday away from work. You will be notified as soon as possible if you are authorised to take the time off work on your preferred dates. Requests for time off will not be unreasonably refused, however due consideration will need to be given to the impact of your absence on the Company.
Please Note
We strongly advise that you ensure you have obtained authorisation to take the time off before you commit yourself outside of work. If, for example, you book a holiday with a travel company and we cannot support your request for time away from work, we will not be held accountable for any monies you stand to lose as a result, and this will not be classed as ‘unforeseen circumstances’ (see below). If you choose to take the time away from work irrespective of the fact that your request has been refused, we will treat this as a disciplinary offence and will invoke our disciplinary procedures.
If you know that you will want to take specific days away from work as holidays, we recommend that you submit your request as early as possible to avoid disappointment. In any event, we require a minimum of one weeks’ notice for any odd single days holiday and four weeks’ notice for any holidays in excess of three days, unless this is not possible due to ‘unforeseen circumstances’, where due consideration will be given to your request. You will not normally be granted more than two holiday weeks in any four-week period.
If you receive more than the statutory minimum annual holiday entitlement and you are absent without authorisation on the day before or the day after a public holiday, the Company reserves the right to withhold holiday pay in respect of that public holiday.
The Company closes over the period between Christmas and New Year and you will be notified of the dates in January of that year. You will need to save enough days from your annual holiday entitlement to cover this period. If you have not saved or accrued enough holidays to cover this period, this period of leave will be treated as unpaid absence.
If you leave and have already taken more holidays than you have earned, the difference will be deducted from your final wages or any other monies owed to you on termination of your employment.
If you leave and have not taken your full holiday entitlement, you will be paid for them subject to method of cessation of contract.
Upon leaving you annual holiday entitlement will be calculated from the 1st January up to the date you leave the Company, or the end of your notice period based on completed months.
Sickness and Holidays
If you are taken ill or sustain an injury during a period of authorised holiday, you may be permitted to take the holiday later in the year.
You must follow normal absence reporting and medical certification procedures.
Your payment for the period of sickness will be based on the Statutory Sick Pay and/or Company Sick pay schemes.
If you are absent from work due to sickness immediately prior to a period of authorised holiday and your incapacity extends into the authorised holiday period, you may be permitted to delay the period of holiday until a later time.
You should submit a written request to postpone the planned holiday, together with a medical certificate completed by a medical practitioner.
Annual Holiday Pay
Your holiday pay comprises of basic hourly rate.
You will receive your holiday pay on your normal pay date.
Many of our Company Rules are discussed throughout this handbook. Although not exhaustive, the list below provides you with a summary of the main rules, which apply, to all individuals during their employment with the Company.
· Employees must always comply with the reasonable request of the Company.
· Employees must not consume alcohol or un-prescribed drugs or be under the influence of alcohol or un-prescribed drugs whilst working for the Company.
· Unauthorised software must not be loaded on to the Company computer system; electronic mail attachments or discs used on PC's at home or being supplied from other companies must be virus checked by the IT Manager prior to being loaded or opened on the Company system.
· Employees must not cause wilful damage to any property, whomsoever its owner, and must report any damage of which they are aware to their manager.
· Employees must not wilfully damage or contaminate product and must report any possible breach of product security/confidentiality/integrity of which they are aware to their manager.
· There must be no abuse or harassment at any time, either verbally or physically of any other person, whether that person is an employee of the Company or not, when working for the Company. Employees must always comply with the Company Equal Opportunities and Dignity at Work policies.
· The Company will not tolerate the theft of its property, or of the property of another employee.
· Company must be notified by an employee if they receive gifts (either for a single item or multiple items) from suppliers, customers, etc. which exceed £25 in value.
· Employees must comply with, and respect, the Company's obligations to its customers and show at all times due deference to the customer, its employees, or subcontractors.
· There must be no fraud, or falsification of records or other behaviour, which attempts to defraud the Company or others. This includes falsifying expense claims or interference with time recordings. It also includes providing false information or failing to disclose relevant information during application for employment.
· There must be no involvement in secondary business activities during Company time.
· Persistent lateness will be subject to disciplinary action.
· The Company will take disciplinary action against any employee who is absent from work without permission or who does not comply with the absence notification procedures.
· During working hours, employees are not permitted to leave their place of work, or site, for reasons other than those associated with work without obtaining their manager’s permission.
· The posting of notices, of any nature, within the Company must have the prior consent of the Managing Director.
· The Company premises may not be used for unauthorised meetings.
· Collections, for any purposes other than for employee gifts, recognised charities, or refreshments, may not be made unless specifically sanctioned by a senior manager.
· Employees are not allowed to buy and sell or conduct any private business deals on Company premises without authorisation.
· All accident, injuries and "near misses" must be reported to your manager
SECTION 1b
Company Procedures
Disciplinary Procedure
Purposes
The purposes of this procedure are to ensure consistent and fair treatment of disciplinary and performance issues and to help encourage employees to achieve and maintain appropriate standards of conduct and performance.
General principles
This procedure applies to all employees, it does not confer any contractual rights and Management can choose to deal with minor instances of misconduct and initial unsatisfactory levels of performance informally.
The Company will not dismiss any employee for a first offence, unless the first offence amounts to gross misconduct in which case the employee will leave the Company’s employment without notice or pay in lieu.
The Company will not take any formal disciplinary action under this procedure without having carried out a full and prompt investigation.
The Company will inform the employee whether any meeting he or she is asked to attend is investigatory or disciplinary
All decisions made by the Company will be given to the employee in writing and the employee has the right to appeal against any formal action taken against them under the procedure.
Gross misconduct
The following are examples of conduct falling within the definition of gross misconduct and which entitles the Company to dismiss without notice or payment in lieu of notice:
· refusal to accept and act on reasonable instructions from an employee’s immediate manager or other member of management.
· serious negligence that could, or does, result in an unacceptable loss damage or injury.
· fighting, assault, bullying or threatening behaviour.
· theft, fraud, falsification of Company records or any dishonesty involving the Company, its employees, customers or authorised visitors or any attempt to commit such offences.
· deliberate or reckless damage to the property and products of the Company, its employees, customers, or authorised visitors.
· being unfit to work through alcohol or illegal drugs.
· unauthorised entry to computer records.
· unauthorised disclosure of confidential information.
· acts of incitement or actual acts of discrimination or harassment.
· horseplay and unruly behaviour endangering seriously the safety of other employees, or any other person.
The above list is NOT exhaustive but illustrates the type of transgression that normally merits dismissal for a first offence.
This is summary of the procedure. For full details please refer to the relevant part of Section 2 below
Grievance Procedure
It will usually be better for all those involved if grievances can be resolved informally. The procedure below is for situations where it is not possible to resolve an issue informally through discussions with your immediate manager.
General Principles
The purpose of this procedure is to ensure that you have an opportunity to discuss, with management on a formal basis, any grievances relating to your job or complaints regarding the Company or any of its employees. The Company aims to ensure that the appropriate level of the management deals with your grievance or complaint promptly and fairly.
The procedure does not confer any contractual rights and it only applies during your employment; therefore, you cannot have a Grievance about reasons for dismissal.
Grievance Procedure.
If you wish to raise a formal grievance, you should, in the first instance raise it, in writing, with your immediate Manager.
This is summary of the procedure. For full details please refer to the relevant part of Section 2 below
Procedures for Absence from Work
You should arrive at work in enough time to start working at your normal starting time. Whilst we understand that on limited occasions, unexpected occurrences may impact your ability to attend work, or may cause you to arrive late. Lateness and absence have an adverse impact to both the business and other employees, and we trust that you will take a positive approach to punctuality and attendance at work.
Reporting Absence or Lateness
If you are unable to attend work, or get to work by your expected starting time, you will be classed as absent and, to avoid any disciplinary action, you should notify your Line Manager personally by telephone on:
01744 452900
as soon as possible to allow us to take the necessary action to cover your lateness or absence and minimise any impact it may have.
If your Line Manager is unavailable, you must ensure you speak with a member of Senior Management Team. You must NOT leave messages with other employees.
The Company will not accept a back-dated medical certificate as proof of absence.
Time off for Medical Appointments
If you need to visit the doctor or dentist, wherever possible, you should arrange an appointment outside of your normal working hours. If the doctor or dentist cannot facilitate this, then the appointment should be made as close to your starting or finishing time as possible or must be taken as annual leave subject to the holiday booking procedures.
Such time off will normally be without pay
This is summary of the procedure. For full details please refer to the relevant part of Section 2 below
Procedure for Sickness Absence
The purpose of this procedure is to ensure that employees who are genuinely unwell are treated fairly and consistently, while minimising the impact of sickness absence on the Company.
This procedure is for reporting of sickness absence and is used for the Company's management of short-term and long-term absence. Any absences that are disability-related will be managed in accordance with relevant legislation and related Codes of Practice.
If you are Sick
An employee who is unable to come to work due to sickness, must contact the Company on the first day of absence. This contact should be made by telephone to your line manager on:
01744 452900
All contact must be in person and it is not acceptable for you to use any other form of communication. If your line manager is unavailable, you should contact a member of the Senior Management Team. If you’re absence for seven calendar days or fewer, is due to sickness and you are entitled to contractual sick pay, you must complete an absence form immediately upon your return to work. If your absence lasts more than seven calendar days, you must forward a medical certificate, completed by a medical practitioner, to management, to cover the period absence.
Statutory Sick Pay
The Company has a responsibility for the payment of Statutory Sick Pay and payments are made, via the Company Payroll, in compliance with the appropriate Government Agency regulations and at the rates specified by Government Legislation at the time.
Company Sick Pay
The Company operates a Sick Pay Scheme, payable at the Company’s discretion. This operates over and above Statutory Sick Pay (SSP), however, if you are not eligible for SSP you are also Not eligible for Company sick pay. This payment is made, including Statutory Sick Pay, and details of the eligibility requirements are given in your ‘Statement of Particulars/Contract of Employment’
Injuries at Work
In the case where injuries are sustained in the workplace, these will be considered separately on an individual basis
Procedure for return to work
You should contact your manager as soon as you become aware of your intended return date. If this date changes, you should update the Company immediately, to allow us to give enough notice to cancel any arrangements we may have made with any individual to cover your workload during your absence. If you arrive for work without such notification, we may send you home from work for the day without pay.
If you have been suffering from any contagious or infectious disease you should ensure that your doctor is happy for you to return before you do so.
Fit Notes
Following a period of absence due to sickness, your doctor will issue you with a ‘Fit Note’ giving a date on which they feel you a fit to return to work. However, your doctor may feel that it is appropriate to suggest that, whilst you are ‘Fit for Work’, you unable to carry out your job in its current form and your work may require some adjustments. If so, we will discuss your doctor’s recommendations with you, where possible and if necessary, we will consider reasonable adjustments.
Return to work meeting
Upon your return to work, following a period of ‘Self Certified Absence’ you will be required to complete a return to work form, and attend a return to work interview conducted by your manager. The reasons for your absence will be discussed and your manager will decide whether the absence should be authorised. The onus is on you to satisfy management that there was a genuine medical reason for the absence.
Long-term absence
During a long period of absence, you are required to attend scheduled welfare meetings with the Company. The purpose of these meetings is to discuss your current state of health, how long you expect to be absent from work and what steps, if any, the Company can take to facilitate your return to work. These meeting will normally take place on Company premises. If you are medically incapable of attending your place of work, a representative of the Company will come out to visit you. You are also required to respond to any correspondence from the Company and any requests for information about your health.
This is summary of the procedure. For full details please refer to the relevant part of Section 2 below
Procedure for Other Types of Absence
This procedure contains information about your entitlement, in relation to paid and unpaid time off work, for reasons other than sickness these include:
· Medical suspension
· Doctor and Dentist appointments
· Public Duties
· Bereavement leave
· Time off for Religious Observance
This is summary of the procedure. For full details please refer to the relevant part of Section 2 below
Procedure for Adverse Weather and other Exceptional Circumstances
We understand that you may face difficulties getting to work and returning home during periods of severe weather. You should use your best endeavours to attend work in all circumstances. However, it is not our intention that you put yourself at unnecessary risk and you should use your own judgment. If unable to attend work, you should notify your Manager as soon as possible to discuss the situation and agree an appropriate course of action.
If you are delayed in getting to work because of severe weather, we will try to give you the opportunity to make up this time later to avoid any loss of pay. However, this is at the discretion of your Manager and if not possible, a deduction may be made from your pay.
If the Company cannot operate due to these exceptional circumstances, it reserves the right to require you to take holidays during this time or impose a period of lay-off, when appropriate.
This is summary of the procedure. For full details please refer to the relevant part of Section 2 below
SECTION 1c
Company Policies
Equal Opportunities Policy
Tubosider recognises the benefits of a diverse workforce and is committed to providing a working environment that is free from discrimination.
The Company will not tolerate any kind of unlawful discrimination in the working environment and the Company will take the necessary action to prevent its occurrence.
This commitment applies to all aspects of employment and is a practice that is developing constantly as social attitudes and legislation change. The Company will review this policy and implement the necessary changes where these could improve equality of opportunity.
You have a personal responsibility for the practical application of the Company's Equal Opportunities Policy, which extends to the treatment of your colleagues and the Company's customers and suppliers.
This is summary of the policy. For full details please refer to the relevant part of Section 3 below
Health & Safety at Work Policy
The Company sets and maintains a high standard of Health and Safety to ensure that all its employees, visitors and contractors will be working in a safe and healthy environment.
Appropriate risk controls and audit activities that measure performance against the criteria, support this policy.
A summary of some of the key points from the Health & Safety Policy are below:
Your obligations and duties
It is important that you are aware of your responsibilities, as detailed in the Health & Safety at Work Act 1974, with particularly regard to Section 7:
To ‘take reasonable care for the Health and Safety of yourself and others who may be affected by your acts or omissions’.
To comply with any duty or requirement imposed on your employer or any other person, by or under any of the relevant statutory provisions.
To co-operate with the employer as far as is necessary to enable the performance and compliance of that duty or requirement.
Further-more under Section 8,
No one may intentionally or recklessly interfere with, or misuse anything provided in the interests of health and safety welfare,
Evacuation procedure
You must make yourself familiar with the position of the various alternative fire exits from the building. Remember that if there is a serious fire there may be considerable quantities of thick smoke.
You MUST assemble at the designated assembly point, which is located adjacent to the small exit gate in the front car park.
Once you have left the building you must NOT re-entre the building until instructed by a fire marshal.
Every week there is a fire alarm test and you should become familiar with the sound. If you here the alarm at any other time than 14:00 on a Wednesday you should leave the building immediately, by the nearest fire exit, and go to the assembly point. DO NOT assume it is just another test.
If you fail to hear the alarm test on more than one occasion you should bring this to the attention of your Line Manager.
This is summary of the policy. For full details please refer to the relevant part of Section 3 below
Dignity at Work Policy
Harassment and bullying - whether on grounds of sex, race, gender reassignment, disability, sexual orientation, age, religious or political belief or for any other reason, is unacceptable behaviour which the Company will not tolerate. Every employee of the Company has the right to be treated with dignity and respect. The Company will take the appropriate disciplinary action, which may include dismissal, against any employee, of whatever seniority, who contravenes this policy.
The Company will not tolerate retaliation against, or victimisation of any employee involved in the bringing of a complaint of harassment or bullying under the Company’s procedure. Such retaliation or victimisation will itself constitute a disciplinary offence, which may in appropriate circumstances lead to dismissal.
The Senior Management of the Company is fully committed to this policy.
Harassment
Harassment means words or behaviour which are based on the sex, race, colour, ethnic origin, trans sexuality, religion, sexual orientation or the disability of another person and are unwanted; they create an intimidating, hostile, degrading, humiliating or offensive working environment for the person who is the target of the words or behaviour.
Sexual Harassment
Sexual Harassment means words or behaviour which are related purely to the sex or sexual orientation of the person who is the target of the words or behaviour and is purely based on whether the target feels that the words or behaviour are inappropriate or unwelcome. It must be noted that words or behaviour are not gender specific for the harassment to regarded as ‘sexual’ and it does not have to occur between persons of the opposite sex or sexual orientation.
Bullying
Bullying is persistent behaviour directed against an individual or group of individuals, which creates a threatening or intimidating work environment that undermines the confidence and self-esteem of the recipient(s). Bullying can take many forms.
However, it does not include appropriately conducted criticism of an employee’s behaviour or job performance by management, provided that such criticism is carried out in line with the Company’s procedure.
An employee may be bullied or harassed by a colleague or subordinate, as well as by a manager or supervisor.
It is important to recognise that what one employee may find acceptable, another may find totally unacceptable and that the essence of harassment and bullying is the fact that the words or behaviour are unwelcome to the individual, who is the target.
All employees must treat their colleagues with respect and appropriate sensitivity.
This is summary of the policy. For full details please refer to the relevant part of Section 3 below
Conduct and Standards Policy
An efficiently run Company is our aim and we expect you to help us achieve this goal. You play an important role in ensuring that we operate in a cost-effective and efficient manner. We expect that you arrive at work promptly, are ready to start at your contracted starting time and to remain at work until your contracted finishing time, you MUST obtain management authorisation if for any reason you wish to arrive later or leave earlier than your agreed times.
During your time at work we expect you to, handle all stock, property, and equipment with care to minimise any loss or damage. You should always try not to waste energy by leaving any unnecessary lighting, heating or equipment turned on when not in use.
If your job is quiet or you have a downturn in work, we expect you help other colleagues as appropriate. If there is no work of your own to complete, then look for other work, if you cannot find any you should speak to your Line Manager.
Absence.
You are Required to comply with the rules relating to notification of absence set out in the Company's Absence Procedure. (See relevant file in Section 2 of this document)
The Company reserves the right not to pay you in respect of any working time lost because of poor timekeeping and may take disciplinary action in respect of persistent poor timekeeping.
Conduct
As an Employee of the Company, you have a responsibility to abide by the rules of the Company, and to maintain a level of behaviour that will promote the image of the Company in a favourable light
Flexibility
You may be required to work additional hours at short notice, in accordance with the needs of the business. (See the Section concerning Overtime)
You may be required to undertake duties outside your normal job remit and to work at locations other than your normal place of work. (See the Section concerning Working Away from Home)
Confidentiality
You must keep confidential, except as required by law, both during your employment and at any time after its termination, all information gained in the course of your employment about the Company and that of all persons and organisations connected to the Company.
Conduct while representing the Company
As a rule, behaviour outside of normal working hours is a personal matter and does not directly concern the Company. However, there are some exceptions to this rule.
The Company will become involved when incidents occur:
· at office parties or other work-related social occasions or gatherings,
· at social occasions or gatherings organised by a third party, where you have been invited in your capacity as an employee of Tubosider (UK) Limited.
· at work related conferences, while working away on business on behalf of the Company,
· While attending external training courses,
On these occasions you are expected to behave in an appropriate and responsible manner, keeping in mind that you are representing the Company.
You are instructed specifically not to consume any alcohol at such events where you are driving.
Any employee whose conduct brings the Company into disrepute will be subject to the Company's disciplinary procedure. Such behaviour may be viewed as a gross misconduct offence and could render the employee liable to disciplinary action up to and including dismissal without notice
Outside activities and other employment
You are required to seek written permission from the Managing Director before taking on any other employment, whether on a Self-Employed basis or for another employer, while you are employed by Tubosider (UK) Limited.
You are not permitted to engage in any activity outside your employment with the Company that could reasonably be interpreted as competing with the Company.
Dress and Appearance
The personal appearance of employees makes an important contribution to the Company's reputation and image. For this reason, it is important that your dress and appearance is professional and reflects the environment in which you work.
All employees will be expected to comply with any management instructions concerning dress and appearance.
Telephones
The Company’s telephones are for business use only. Whilst we appreciate that you may wish to make or receive occasional personal calls, these must be kept to an absolute minimum and only when authorised. If we feel that the calls are excessive in quantity or length then we will charge you for the cost of the calls, by deducting the appropriate cost from your pay. Dependent upon the circumstances, you may also be subject to disciplinary action.
Personal mobile phone usage should be kept to a minimum during working hours. If you are working remotely, then your phone may be switched on to enable people to contact you in an emergency, but the use should be kept to a minimum. Under no circumstances should any mobile phone, whether personal or Company owned, be used while driving, operating machinery or in any way that may compromise the safety of yourself or others.
Selling Goods at Work
The selling of personal goods at work is at the Company’s discretion and prior authority must be given by a senior manager. Under no circumstances may you sell any item to any customer, client, or sell any item which could be seen to be working in competition with us.
Collections at Work
Whilst we will not unreasonably object to small occasional collections for birthdays etc., you must first obtain permission from your Line Manager before arranging any collection to enable us to ensure that the nature of the collection and the number and frequency of collections does not become a burden to any employees. We will not normally allow clients or customers to be approached to add to any collection.
Property and Equipment
You are not permitted to make use of Company or a third party's fax, postal or other services for personal purposes.
You must not remove property or equipment from Company or a third party's premises unless for use on authorised business and/or with the permission of management.
Where you damage property belonging to the Company either through misuse or carelessness, the Company reserves the right to make a deduction from your pay in respect of the damaged property.
On termination of your employment you must return all Company property, such as keys, laptops, mobile telephones, Company vehicles, documents and any other items deemed to belong to the Company.
Personal Searches
The Company may reasonably request to search your clothing, personal baggage, personal storage areas or vehicles. An authorised person will be appointed by Senior Management to conduct any such search in the presence of an independent witness. Should you refuse such a request, the Company will require the appropriate authorities to conduct the search on behalf of the Company. Failure to co-operate with the Company in this respect may be treated as gross misconduct.
Personal Property
We request that you do not bring any of your own unnecessary personal property with you during working hours. Any personal property that you do bring with you is your own responsibility and the Company will not accept any liability for any loss or damage that is caused to your personal property.
If you find an item of lost property on the premises, you are required to inform management immediately.
Breach of this Policy
A breach of the Company's standards of behaviour is likely to result in disciplinary action being taken.
This is summary of the policy. For full details please refer to the relevant part of Section 3 below
Data Protection Policy
In the course of your work, you may come have sight of, and use confidential personal information about people, such as names and addresses, information about customers' circumstances, families, and credit or debit card details. This policy helps you ensure that you do not breach the Data Protection Act, which provides strict rules in this area. If you are in any doubt about what you may or may not do, seek advice from your Line Manager. When taking payment from customers, either over the phone or face to face, you should ensure that no data obtained from them is left for any unauthorised person to view. This means that if you need to write down information for whatever reason, it should be kept securely in the manner that our Company prescribes, or it should be destroyed in a manner which ensures confidentiality. Such information should not be left in wastepaper bins etc.
Your Personal Data
Tubosider (UK) Ltd holds personal data about you. By signing your ‘Statement of Particulars/Contract of Employment’ you have consented to the data being used by us in line with your employment. If this data changes, you should let us know so that our records can be updated.
The data protection Act requires that certain data protection principles are followed, these are detailed in the full Policy in Section 3 of this document.
This is summary of the policy. For full details please refer to the relevant part of Section 3 below
Alcohol and Drugs Policy
This Policy sets out the Company’s position on drug or alcohol misuse in the workplace. Following consultation with the Company’s Health and Safety Advisor, the intention is to protect the Health & Safety of workers and comply with the relevant legislation. It has the full support of the Company’s senior management. A regular review of the operation and effectiveness will ensure the procedure meets the needs of the Company and relevant legislation. The policy is for the guidance of management and employees. Breaches of this policy may result in disciplinary action up to and including dismissal without notice.
There is clear link between misuse of alcohol and drugs and reduced safety and efficiency our Policy aims:
· to set out the Company's rules on drugs, alcohol, and substance abuse.
· to ensure that employees' use of drugs or alcohol does not affect the effective operation of the Company.
· to ensure that employees’ use of drugs or alcohol does not affect health and safety.
· to provide a procedure whereby employees who have a problem of drug or alcohol misuse or substance abuse can seek and be offered help in confidence.
· to provide guidance on the effects of drugs and alcohol and the symptoms of drug and alcohol misuse and substance abuse.
It applies to all its employees and to everyone employed at its premises, including any contractors working on the premises.
Communications Policy
This policy covers in greater detail the rules relating to the use of the Company’s computer, telephone and facsimile facilities, including Company laptops and mobile telephones and any disciplinary action that may be taken, against anyone in breach of the Company’s rules.
This is summary of the policy. For full details please refer to the relevant part of Section 3 below
Anti-Bribery and Corruption Policy
It is the Company's policy to conduct all our business in an honest and ethical manner.
The Company will not tolerate any acts of bribery and corruption and the Company is committed to acting professionally, and ethically in all our business dealings and relationships, wherever we operate, and we are committed to implementing and enforcing effective systems to counter bribery. The purpose of this policy is to ensure that employees are aware of their duties within the Company.
Definition
· A bribe is an inducement or reward offered, promised, or provided to gain a commercial, contractual, regulatory, or personal advantage.
· The Bribery Act 2010 contains two general offences covering the offering, promising, or giving of a bribe ("active" bribery) and the requesting, agreeing to receive or accepting of a bribe ("passive" bribery).
· An individual who is found to have committed an offence of bribery can be imprisoned for a term of up to ten years.
As a result, all employees and workers are required to comply with the procedures that the Company has put in place to prevent persons associated with us from committing acts of bribery and corruption.
This is summary of the policy. For full details please refer to the relevant part of Section 3 below
Family Friendly Policy
This policy sets out the legislative requirements for the time off work you are entitled to take to cover emergencies that occur with your dependants the detail of which are found in the Employment Rights Act 1996.
Included in this section are:
· Maternity Leave and Payments
· Paternity Leave and Payments,
· Adoption Leave and Payments,
· Parental Leave including Joint Parental Leave and the Payments,
· Requests for Flexible Working.
It is not intended to create contractual rights.
Time off for Dependants
You have a statutory right to a reasonable amount of time off to deal with any such matter. The legislation does not prescribe what amount of time is reasonable but does suggest that in most cases a day or two will be enough to deal with the immediate crisis. If you wish to take time off work you must speak to your Line Manager to discuss your situation and agree a reasonable amount of time away from work, which will normally be without pay.
You must advise your Line Manager immediately that you need time off, the circumstances and the likely duration. This can be either in person or over the telephone. In very rare cases it may not be possible for you to notify the Company immediately, you must contact your Line Manager as soon as possible and you should continue to keep the Company updated as to the likely duration of your absence, particularly if you would like to take more time off than you originally advised
You will be required to sign a form giving the details of your reason for the time off from work, this may be at the time of the request or if the request was given via the telephone, on your return.
If you do not give proper notice your absence will be treated as unauthorised, which may lead to disciplinary action under the Company's Disciplinary policy.
Time Off for Parental Leave
If you have at least twelve months service with us and you wish to exercise your right to take parental leave, please speak to your Line Manager who will agree the time off at a time agreeable to both you and the Company. Parental Leave is unpaid leave.
For the full details of your entitlement please refer to our Parental Leave Policy in Section 3 of this Document
Time Off for Maternity
If you become pregnant, we recommend that you speak to your Line Manager in confidence as soon as you are aware of your condition. Your safety and that of your unborn child are important to us and we would want to look at any adjustments we may need to make to your work or working conditions to help ensure that you are both kept safe.
For the full details of your entitlement please refer to our Maternity Pay & Adoption Leave Policy in Section 3 of this Document
Time Off When Adopting a Child
If you are adopting a child, you may be entitled to time away from work on adoption leave and may qualify for Statutory Adoption Pay.
For the full details of your entitlement please refer to our Maternity Pay & Adoption Leave Policy in Section 3 of this Document
Time Off for Paternity Leave
If your partner is pregnant or you are both adopting a child, you may be entitled to take time away from work, which dependent upon your circumstances may command Statutory Paternity Pay.
For the full details of your entitlement please refer to our Paternity Leave and Paternity Pay Policy in Section 3 of this Document
Shared Parental Leave
Should you wish to exercise your right to Shared Parental Leave, you should contact your Line Manager.
For the full details of your entitlement please refer to our Shared Parental Leave Policy in Section 3 of this Document
This is summary of the policy. For full details please refer to the relevant part of Section 3 below
Maternity and Adoption Leave Policy
This policy outlines your statutory rights and responsibilities when you are pregnant, give birth, or adopt a child.
It also outlines:
· the arrangements and notification requirements before, during and after a period of Maternity or Adoption Leave,
· your statutory entitlements to pay during your leave and your right to return to work following Maternity or Adoption Leave.
· associated issues such as holidays.
Entitlements and procedures that apply to Shared Parental Leave are contained in a separate policy in this handbook.
This is summary of the policy. For full details please refer to the relevant part of Section 3 below
Parental Leave Policy
The Company recognises that working parents may need to take additional unpaid leave from work to care for their children. This policy outlines the qualifying conditions and the procedure to request Parental Leave. It also sets out how and when the leave can be taken and provides information on your contractual rights and your right to return to work following Parental Leave.
If you meet the qualifying conditions you are entitled to take the relevant Statutory Parental Leave for each child. The Company will consider all requests for Parental Leave however, you must be aware that the needs of the business will take priority over Parental Leave.
To qualify for Parental Leave, you must have been employed by the Company for a continuous period of one year or more. You must also have responsibility for the child, and you must be one of the following:
· the biological mother or father of the child
· the child's adoptive parent (male or female)
· have legal responsibility for the child, such as the child's legal guardian
You must confirm that the requested leave is intended for the purpose of spending time with or caring for the child.
If you take a period of Parental Leave under this policy for any purpose other than to spend time with or otherwise care for your child, you may be subject to disciplinary action, up to and including dismissal.
This is summary of the policy. For full details please refer to the relevant part of Section 3 below
Paternity Leave and Paternity Pay Policy
This policy outlines the different types of Paternity Leave.
The qualifying conditions and the procedures that you need to follow when requesting Paternity Leave.
It provides information relating to your contractual rights and your right to return to work following Paternity Leave.
This is summary of the policy. For full details please refer to the relevant part of Section 3 below
Shared Parental Leave Policy
This policy outlines the statutory right to take Shared Parental Leave (SPL) to care for a child due to be born, or a child that has been placed for adoption with you.
SPL gives employees with caring responsibilities for babies or newly adopted children the opportunity to share up to 52 weeks' leave.
It outlines the notification requirements before a period of SPL, and your entitlement to pay during SPL.
Parents taking SPL can take leave in separate blocks, returning to work in between blocks, and both parents can be on leave at the same time.
Eligible employees are entitled to submit up to three ‘Period of Leave Notices’ and are entitled to take SPL on those dates.
This is summary of the policy. For full details please refer to the relevant part of Section 3 below
Flexible Working Policy
There is no automatic right to flexible working, but the Company will consider any requests by way of a prescribed procedure.
In order to make a request you must:
· be an employee.
· not be an agency worker or a member of the armed forces.
· have a child under 6 years or 18 years in the case of a disabled child.
· have been continuously employed by the Company for a period of not less than 26 weeks at the date the application is made.
· make the application no later than 2 weeks before the child’s 6th birthday or 18th birthday in the case of a disabled child.
· have or expect to have responsibility for the child’s upbringing.
· be making the application to enable you to care for the child.
· not have made another application to work flexibly under the right to make such applications during the past 12 months.
· The right to apply for flexible working arrangements applies to the mother, father, adopter, guardian or foster parent of the child or the partner or spouse of such a person living with the child.
This is summary of the policy. For full details please refer to the relevant part of Section 3 below
SECTION 2
Company Procedures
Procedure in the Event of Sickness Absence
The purpose of this procedure is to ensure that employees who are genuinely unwell are treated fairly and consistently, while minimising the impact of sickness absence on the Company.
This procedure is for reporting of sickness absence and is used for the Company's management of short-term and long-term absence. Any absences that are disability-related will be managed in accordance with relevant legislation and related Codes of Practice.
Sickness Absence
An employee who is unable to come to work for reasons of sickness, must contact the Company on the first day of absence.
This contact should be made as to your line manager by telephone on:
01744 452 900
It is not acceptable for you to: text, email, contact a colleague, leave a message, or have a friend or relative call on your behalf.
Note:
The Company will ONLY accept call from friends or relatives in EXCEPTIONAL circumstances.
If your line manager is unavailable, you should contact a member of the Senior Management Team. Call must be before 10am on the first day of absence, and on each
subsequent day until a medical certificate issued by a Registered Medical Practitioner covers your absence.
All subsequent calls must be to you line manager or a member of the Senior Management Team.
You must give the following:
· Your Name
· Reason for your absence
· An estimate of how long you expect to absent.
· A telephone number by which you can be contacted.
· Details of any outstanding, or urgent work that requires attention.
· The reason for your absence.
If you are entitled to contractual sick pay (please see your ‘Statement of Particulars/Contract of Employment’ for details), and your absence lasts for seven calendar days or fewer, you must complete an absence form immediately upon your return to work.
You may have been notified in advance, by letter, of a requirement to provide an appropriate medical certification for sickness absences of fewer than seven days.
For you to be paid you must provide this certificate. Should you incur a cost for the certificate, the Company will pay the charge.
If your absence lasts more than seven calendar days, you must forward a medical certificate, completed by a medical practitioner, to management in cover the full period of absence.
The medical certificate must be submitted as soon as possible, and you must cover each period of continuous absence with a medical certificate.
Following a longer period of absence (more than 2 weeks). You must provide a medical certificate allowing you to return to work. (See Fit to Work Certificates in Section 1b)
If you unreasonably delay in providing any medical certificate, your absence will be classed as unauthorised, you will not be paid and could face a disciplinary interview.
If, on a medical certificate allowing you to return to work, your doctor recommends any adjustments to your duties, hours or working conditions, the Company will discuss these with you and endeavour to implement the recommendations, if these are reasonable and practicable to the operation of the Company.
Failure to comply with the arrangements to assist your return to work without good reason may be treated as misconduct and may result in disciplinary action.
It is essential that you keep the Company updated on the reasons for your continued absence and its estimated duration.
You should contact the Company daily during the first seven days of absence and weekly for periods of absence above two weeks unless you are instructed otherwise by your manager.
You should also contact the Company before the expiry of your medical certificate if you continue to be unwell.
In addition, a further medical certificate should be submitted immediately on expiry of the previous certificate.
Failure to contact the Company or submit a medical certificate at this time may result in the interim absence being classed as unauthorised and you will not be paid.
Statutory Sick Pay
The Company has a responsibility for the payment of Statutory Sick Pay and payments are made, via the Company Payroll, in compliance with the appropriate Government Agency regulations and at the rates specified by Government Legislation at the time.
Payments
Statutory Sick Pay is NOT paid for the first three days of sickness, which are referred to as “waiting days”, but subsequent to this, is paid for a maximum of twenty-eight weeks in any rolling 12-month period.
If you are absent through sickness or injury for more than twenty-eight weeks, you will be given a transfer form, which will enable you to claim State benefit.
When you leave the Company, you will be issued with a leaver's certificate showing the amount of SSP that has been paid to you.
In accordance with SSP guidelines if you submit four or more Self Certification Forms in a twelve-month period, you will usually be required to visit your Doctor, or a Doctor appointed by the Company.
If you fail to:
· follow the notification procedure on the first day of absence.
· follow subsequent re-notification procedures.
· or cannot return on the expected date.
· supply the necessary certification or documentation.
This will lead to SSP being withheld for all days of non-notification.
If SSP is with-held you may request the Company to provide a written statement outlining the reasons for non-payment and you may register an appeal.
On the days that SSP is withheld under late or non-notification rules, your absence will be recorded as being unauthorised.
Company Sick Pay Scheme
In addition to the Government Statutory Sick Pay Scheme, the Company operates its own Sick Pay Scheme which is governed by the following rules and procedures by which the Company Sickness Payment may be claimed.
These rules and procedures are there to safeguard the benefits of the Company Sick Pay Scheme for employees in general, by ensuring that absence levels do not jeopardise the operating efficiency of the business, and to provide a mechanism for absence control
General Principles
It is the Company’s intention, and basic the principle of this scheme that employees who are genuinely sick should be reasonably remunerated when absent through sickness subject to the rules of eligibility.
It follows from this that when Company Sickness Payment is paid, such payment shall not be in excess of the payment made for attending work on a normal basis after having taken account any statutory sick pay payments and/or state sickness benefit due.
Subject to eligibility and rules, Company Sickness Payment will be calculated to provide income to an employee during sickness for varying periods dependent on the length of service and previous absence record in accordance with the scale below.
Individual Sick Pay for each year will be calculated on the 1st January and fixed for the year. The sick pay is based on a combination of complete years of service and previous absence record see tables below and there will be no carryover provision to future years
The maximum length of cover for Company Sickness Pay is set out below:
Calculation for Number of Days of Company Sickness Pay Paid
Length of Service |
Maximum Days Paid |
Rate including SSP |
< 6 Months |
0 |
- |
6 -12 months |
6 |
75% of Basic |
1 – 3 years |
10 |
75% of Basic |
4 - 5 years |
15 |
75% of Basic |
Over 5 Years |
20 |
75% of Basic |
Reduction in the Number of Days due to Prior Absence.
Absence in Previous 12mths |
Days Reduction |
0 – 3% |
0 |
3.1% - 5% |
3 |
5.1% - 7% |
5 |
7.1% - 9% |
7 |
9.1% - 11% |
9 |
11.1% - 12% |
11 |
Over 12% |
Sick Pay is at Company’s discretion |
Avoidable injury sustained outside the workplace will not normally be considered for Company Sick Pay, and you will only be eligible for SSP.
If your absence is the result of an injury or illness caused by a third party, any SSP or Company Sickness Pay is required to be repaid if any compensation for loss of earnings is recovered from the third party.
Calculation of Payment
Provided that the employee has made a claim and subject to eligibility and fulfilling all the conditions for notification and claiming set out in this document and subject to management authorisation, Company Sickness Payment will be made as follows
The amount payable will be calculated on the employee’s basic hourly rate and include any SSP payable.
The payment will be based on the understanding that the employee submits and continues to submit the relevant medical certificates
Payment will commence after the 3 waiting days.
Injuries at Work
In the case where injuries are sustained in the workplace, these will be considered separately on an individual basis
For all staff full details of your individual Company Sick Pay Scheme is detailed in your Contract of Employment/Service Contract.
Application Procedure for Other Absences
This procedure covers applications for paid and/or unpaid time off work, for reasons other than sickness.
Medical/Dental Appointments
· If you need to make visits to your Doctor or Dentist, you should make these arrangements outside your normal working hours.
· The Company may however, on production of an appointment card allow unpaid absence for you to attend such appointments.
· The employee must obtain the permission of their immediate manager in advance.
· Management reserves the right to refuse permission if the absence would be inconvenient.
Public Duties
· The Company is required by law to allow reasonable unpaid time off for the execution of public duties, for example Justice of the Peace, members of Statutory Tribunals, Reserved Forces, and members of a Local Authority. Any payments made by the Company will be discretionary.
· You should discuss such requests for the time off with your manager at the earliest opportunity, in order to work out the necessary arrangements, while there is a legal requirement for a Company to allow time off the Company can appeal, if it can be shown that the time-off would be detrimental to the Company. You must allow sufficient time to plan and work with your manager to minimise any potential disruption to the Company.
Jury Service
· If you are called for jury service, you should tell your manager, the Management Accountant, and produce documentary evidence as soon as possible.
· It is your responsibility to ensure that the attendance claim is made to the court in good time. If on any day during the period of jury service, you are released by the court early every effort must be made to attend work. If in doubt, the employee must telephone their manager for guidance.
Bereavement Leave
· Seven days’ special paid leave will be granted to cover the death of a very close relative such as Spouse, Partner, Parent, Children.
· Three days special leave will be granted to cover the death of other relatives such as Brother and Sister or a Dependant relative.
· In the case of other relatives, time of may be allowed, at managements discretion, to attend the funeral.
· The Managing Director will make the decision on the length of any further unpaid compassionate leave.
Time off for Religious Observance
· You should make any requests for time off for religious observance to your Manager as soon as possible. Although you have no legal contractual right to religious leave or time off to pray, the Company will consider such requests.
· Time off for religious observance must be taken from your rest periods or annual holiday entitlement. Alternatively, at the Company’s discretion, you may work additional hours in lieu of the time taken off.
· If you wish to take the time off as annual holiday, you should make the request in accordance with the Company’s annual holiday procedures. For the avoidance of doubt, the Company’s rules relating to annual holiday will apply.
Disciplinary Procedure
The purpose of this procedure is to ensure consistent and fair treatment of disciplinary and performance issues and help encourage employees to achieve and maintain appropriate standards of conduct and performance.
General principles
The procedure applies to all employees. It does not confer any contractual rights, and Management can choose to deal with minor instances of misconduct and initial unsatisfactory levels of performance informally, by use of counselling, guidance, or instruction or by informally cautioning the employee.
If a problem continues or management judges it sufficiently serious, this disciplinary procedure will apply.
The Company will not dismiss any employee for a first offence, unless the first offence amounts to gross misconduct (see section on gross misconduct below) in which case the employee will leave the Company’s employment without notice or pay in lieu.
Investigations
The Company will not take any formal disciplinary action under this procedure without having carried out a full and prompt investigation, and the Company will inform the employee whether any meeting he or she is asked to attend is investigatory or disciplinary:
Depending on the circumstances, it may be appropriate to suspend the employee from work on full pay to enable the investigation to take place. Suspension on full pay does not amount to a disciplinary sanction and may only be authorised by a Senior Manager.
An investigation Meeting is an informal meeting and so the employee is not permitted to be accompanied unless they are under the age of 18 when a parent or guardian will be permitted.
Failure to participate without good reason may result in additional disciplinary action or a decision being made in your absence.
Disciplinary Meeting
You must attend the all disciplinary meetings at the proposed time.
Failure to participate in the process or attend arranged meetings without good reason may result in additional disciplinary action or a decision being made in your absence.
Prior to the meeting, you should ensure that you are fully prepared to answer questions relating to the incident/circumstances in question. At the meeting you will be given every opportunity to state your case, present any evidence and call relevant witnesses before any decision is made.
At all disciplinary meetings, regardless of the Level, the employee is permitted a companion, (See ‘Right to be Accompanied’ – below).
Under this procedure the Company will give or send the employee a letter setting out the complaint made against him or her and possible outcomes of the disciplinary hearing. The letter will also inform the employee that he or she must attend the disciplinary hearing to discuss the matter and confirm the time, date, and location of that meeting. Any employee who has difficulty understanding such a letter should ask for an explanation. Within the letter the Company will also provide the employee with any relevant information or evidence pertaining to the complaint.
The date and time of the meeting will be such that the employee, together with any permitted companion have a reasonable opportunity to consider his or her response and prepare his or her case in answer to that information/evidence.
At the meeting, the Company will put forward its case first and give the employee an opportunity to reply and to put his or her case in respect of the all allegations made.
Outcome of the Meeting/s
After the meeting has concluded the Company will take time to consider all the evidence and we will take one of the options listed below:
No Action
If we feel that there is no case to answer, or there is insufficient evidence to support any action or if we feel that you were genuinely unclear about what was expected from you and you agree to take remedial action, we may decide it is appropriate to take no further action.
Warning – (see matrix below)
If we feel that you have not presented a valid reason or supporting evidence for the misconduct, we will issue you with a formal warning. Dependent upon the circumstances, this could either be a formal verbal warning, a written warning, or a final written warning.
Except for cases of Gross Misconduct or a short period of service, we will not normally proceed to dismissal for a first offence.
Dismissal – (see matrix below)
If you are in receipt of prior warnings, we may decide to terminate your employment with us, giving you your contractual notice. If your misconduct is determined to be Gross Misconduct, then you will be summarily dismissed, (without any notice or pay in lieu of notice), irrelevant of whether you have had any previous warnings.
Disciplinary Matrix
Offence |
1st Occasion |
2nd Occasion |
3rd Occasion |
4th Occasion |
Unsatisfactory Conduct |
Recorded Verbal Warning |
Written Warning |
Final Written Warning |
Dismissal |
Misconduct |
Written Warning |
Final Written Warning |
Dismissal |
|
Serious Misconduct |
Final Written Warning |
Dismissal |
|
|
Gross Misconduct |
Dismissal |
|
|
|
The Company will give the employee its decision, including the reasons for the decision, in writing, within a reasonable time, following the meeting.
The Company will keep records of all meetings and of any action taken under these disciplinary procedures. These will be treated as confidential.
The Company has other policies, which are relevant to disciplinary matters, such as the Dignity at Work Policy, Communications Policy and Health & Safety Policy. This procedure should be read as incorporating provisions relating to discipline in any other company policies.
Employees have the right to appeal against any formal action taken against them under the procedure.
If you wish to appeal against a decision you must submit your request in writing, stating the reasons for the appeal, to the individual identified in the letter confirming the sanction. This should be submitted within five working days of receiving the notification
This procedure will be amended from time to time to ensure its continuing effectiveness and relevance, and to take account of any future Company Policy.
Gross misconduct
The following are examples of conduct falling within the definition of gross misconduct and which entitles the Company to dismiss without notice or payment in lieu of notice:
· refusal to accept and act on reasonable instructions from an employee’s immediate manager or other member of management.
· serious negligence that could, or does, result in an unacceptable loss damage or injury.
· fighting, assault, bullying or threatening behaviour.
· theft, fraud, falsification of Company records or any dishonesty involving the Company, its employees, customers or authorised visitors or any attempt to commit such offences.
· deliberate or reckless damage to the property and products of the Company, its employees, customers, or authorised visitors.
· being unfit to work through alcohol or illegal drugs.
· unauthorised entry to computer records.
· unauthorised disclosure of confidential information.
· acts of incitement or actual acts of discrimination or harassment.
· horseplay and unruly behaviour endangering seriously the safety of other employees, or any other person.
The above list is NOT exhaustive but illustrates the type of transgression that normally merits dismissal for a first offence.
Other types of offences, such as refusal to take a drug or alcohol test or computer misuse, may be treated as gross misconduct, depending on the seriousness of the particular facts.
If the Company is satisfied, following investigation and a disciplinary hearing, that the employee has committed gross misconduct, the Company will normally dismiss the employee without notice or pay in lieu.
In some exceptional circumstances, the Company may seek the employee’s agreement to demotion or suspension without pay as alternative sanctions.
Other misconduct or poor performance
In other cases, coming within the scope of this procedure, there will be no dismissal for a first offence. Instead, the Company may issue a formal warning to an employee that may be a level one, level two or final warning, as appropriate.
Conduct of meetings under the procedure, including appeals
The Company requires that all disciplinary meetings, including appeals, take place at a reasonable time and at a place convenient to both parties. An employee, invited to attend a disciplinary meeting, must take all reasonable steps to attend the meeting. Repeated failure, without reasonable excuse, by an employee to attend a disciplinary meeting, may lead to the dismissal of the employee.
In any disciplinary proceedings under the procedure, including appeals, an employee has the statutory right, to request, a fellow worker or, by the express agreement of the Company, another person of his or her choice to accompany them at the hearing.
The companion may NOT, without the agreement of the person conducting the disciplinary meeting, address the hearing to put the employee’s case, sum up the employee’s case, or respond on the employee’s behalf to any view expressed at the hearing.
He or she may only confer with the employee during the hearing to assist the employee in putting forward their case and take notes of the meeting on behalf of the employee.
The appropriate level of management will conduct meetings. At the meeting, the Company will: Explain the role of all those attending on its behalf, will explain its case against the employee, will give the employee the opportunity to respond in full.
If matters come to light during a disciplinary meeting which require further investigation, the Company may at its discretion, adjourn any disciplinary meeting to enable further investigation to be carried out.
Having heard arguments from both sides the Company will, retire to formulate its decision.
Possible outcomes of a disciplinary hearing
The Company may issue a Level 1 warning if the employee’s conduct or performance does not meet the Company’s standards. The employee’s immediate Manager or a nominated deputy may issue a Level 1 warning. Where, at the conclusion of the disciplinary hearing, the immediate Manager decides to issue such a warning, he or she will inform the employee of the reason for the warning and that it is the first stage of the Company’s disciplinary procedure. The employee will be given the details of any action or improvement which are required of the employee and the timescale for implementing any such action. The employee will also be informed of the consequences, for the employee, if they do not implement the required action or there is further misconduct.
The employee will also be told when the warning will cease to have effect, subject to satisfactory conduct or performance. This will normally be after 6 months, but a longer period may be stated in exceptional cases.
The Manager will confirm the above, to the employee in writing, as a Verbal Warning, within two working days.
The employee will be notified of their right to appeal the decision and the procedure they should follow if they wish to proceed.
The Company may issue a level two warning if the required improvement is not achieved within the timescale stated in the Level One - Verbal Warning or further misconduct or poor performance takes place during the currency of a Level 1 warning, whether or not it involves a repetition of the conduct or poor performance that was the subject of the Level 1 warning;
A Level 2 warning will only be issued by a Departmental Manager.
Where, at the conclusion of the disciplinary meeting, it is decided to issue a Level 2 warning the Departmental Manager will inform the employee in writing of the reason for the warning, including any prior warning(s) that have been taken into account and that it is the second stage of the Company’s disciplinary procedure. The employee will be given the details of any action or improvement which are required of the employee and the timescale for implementing any such action. The employee will also be informed of the consequences, for the employee, if they do not implement the required action or there is further misconduct, and of the consequences for the employee of not implementing required action or of further misconduct, which could be a final written warning.
The employee will also be told when the warning will cease to have effect, subject to satisfactory conduct or performance. This will normally be after 12 months, but a longer period may be stated in exceptional cases.
The Departmental Manager will confirm the above, to the employee in writing, as a Written Warning, within two working days.
The employee will be notified of their right to appeal the decision and the procedure they should follow if they wish to proceed
Level Three - Final written warning
The Company may issue a final warning if the required improvement is not achieved within the timescale stated in a Level Two – Written Warning or further misconduct or poor performance takes place during the currency of a Level Two – Written Warning, whether or not involving a repetition of the conduct or poor performance which was the subject of a previous warning;
The Company may also issue a Level 3 warning if the seriousness of the misconduct or poor performance merits a Level 3 warning, regardless of whether has already issued warnings under Level 1 or Level 2.
A Level 3 – Final Written Warning will only be issued by the Senior Departmental Manager.
Where, at the conclusion of the disciplinary meeting, it is decided to issue a Level 3 warning the Senior Departmental Manager will inform the employee in writing of the reason for the warning, including any prior warning(s) that have been taken into account and that it is the third stage of the Company’s disciplinary procedure. The employee will be given the details of any action or improvement which are required of the employee and the timescale for implementing any such action. The employee will also be informed of the consequences, for the employee, if they do not implement the required action or there is further misconduct, and of the consequences for the employee of not implementing required action or of further misconduct, which will be dismissal.
The employee will also be told when the warning will cease to have effect, subject to satisfactory conduct or performance. This will normally be after 18 months, but a longer period may be stated in exceptional cases.
The Senior Departmental Manager will confirm the above, to the employee in writing, as a Final Written Warning, within two working days.
The employee will be notified of their right to appeal the decision and the procedure they should follow if they wish to proceed.
The Company may dismiss an employee where the required improvement is not achieved within the timescale stated in a final written warning or further misconduct or poor performance takes place during the currency of a final warning, whether involving a repetition of the conduct or poor performance which was the subject of the final written warning. The Company may also dismiss an employee where it is proved that the employee has committed an act of gross misconduct.
Unless dismissal is for gross misconduct, the dismissal will include a period notice as detailed in the employee’s ‘Statement of Particulars/Contract of Employment’.
Only Senior Management may dismiss an employee.
Dismissal can only take effect after the employee has attended a full disciplinary hearing.
Where following the hearing the Senior Manager concludes that dismissal is the only option, the Senior Manager will meet with the employee inform them of the decision, stating the reason for the dismissal, the date on which the dismissal takes effect.
The Senior Manager will inform the employee of their right to appeal the decision, and procedure for making an appeal. In the case where the employee is summarily dismissed (without notice or pay in lieu), it is essential that this information is given verbally at the end of the disciplinary hearing.
Senior Management will confirm this in writing within two working days
Any employee who is dissatisfied with any disciplinary decision may appeal against that decision.
Appeals should be in writing, setting out the reasons for the appeal, and delivered to the Company within five workings days of the disciplinary decision.
The next level of management or nominated deputy who was not involved in the initial proceedings will normally hear appeals within three workings days of receipt of the appeal.
The appeal meeting may only take place after the disciplinary decision has taken effect.
In cases of dismissal, the Managing Director or another Senior Manager who was not involved in the original disciplinary hearing will hear the appeal.
It may be necessary to adjourn the appeals meeting to seek further relevant information.
The decision of the appeal hearing will be sent to the employee, within three working days of conclusion of the hearing.
This decision is final.
It will usually be better for all those involved if grievances can be resolved informally. The procedure below is for situations where it is not possible to resolve an issue informally through discussions with your immediate manager or another Senior Manager.
The purpose of this procedure is to ensure that you have an opportunity to discuss, with management on a formal basis, any grievances relating to your job or complaints regarding the Company or any of its employees.
The Company’s aim is to ensure that the appropriate level of the Company’s management deals with your grievance or complaint promptly and fairly.
The procedure does not confer any contractual rights and it only applies during your employment. (You cannot have a grievance about a dismissal).
It is essential to the proper working of this procedure that any employee raising a grievance should continue to work normally for the duration of the procedure.
A fellow worker may accompany you at each stage of the procedure; however, this person may NOT address the hearing, or respond on your behalf.
He or she may only confer with you during the hearing, to assist you in putting forward your case, and take notes of the meeting on your behalf.
Grievances Concerning
Where your complaint is of harassment or bullying, you should make use of the Company’s Dignity at Work procedure.
Where you wish to raise concerns about alleged wrongdoing that may amount to a protected disclosure under the Public Interest Disclosure Act 1998, you should make use of the Company’s Public Interest Disclosure Procedure.
Where the grievance relates to a disciplinary decision, you must use the Company’s Disciplinary appeals procedure.
Where a complaint or grievance relates to a specific manager, the Grievance Procedure should start at the level above that at which that manager would be involved.
The Company will keep confidential records of any action taken under this grievance procedure.
The Procedure
If you wish to raise a formal grievance, you should, in the first instance raise it, in writing, with your immediate Manager, (Where a complaint or grievance relates to a specific manager, the Grievance should be raised with a Manager at a level above) and include a detailed explanation for the basis for your grievance.
The Manager will arrange a meeting with you to consider the matter.
This meeting will occur within five working days of you formally raising the grievance.
The Manager will then respond in writing within three working days of the meeting.
If the matter has not been resolved at Stage 1, your Manager will inform you in writing of your right to raise your grievance at Stage 2.
If the matter is not resolved at Stage 1, you may refer it in writing within three working days to the next level of management, usually the Departmental Manager.
You should set out the grounds for the complaint and the reasons for dissatisfaction with the Stage 1 response.
Your Departmental Manager will arrange a meeting with you to consider the matter.
This meeting will occur within five working days of your request.
Your Departmental Manager will then respond in writing within three working days of the meeting.
If the matter has not been resolved at Stage 2, your Departmental Manager will inform you in writing of your right to raise your grievance at Stage 3
If the matter is not resolved by a meeting at Stage 2, you may refer it in writing within five working days to the Managing Director.
You should set out the grounds for the complaint and the reasons for dissatisfaction with the Stage 1 and Stage 2 responses.
The Managing Director will arrange a meeting with you to consider the matter. This meeting will occur within ten working days of your request.
The decision of the Managing Director is the final stage of the internal procedure and will normally be given in writing within three working days of the meeting.
Procedures for Maternity and Adoption Leave
This policy outlines your statutory rights and responsibilities when you are pregnant, give birth, or adopt a child.
It also outlines, the arrangements and notification requirements before, during and after a period of Maternity or Adoption Leave, your statutory entitlements to pay during your leave and your right to return to work following Maternity or Adoption Leave. Any associated issues such as holidays.
The entitlements and procedures that apply to Shared Parental Leave are contained in a separate policy within this handbook.
If you are Pregnant under the Management of Health & Safety at Work (Amendment) Regulations 1994, you are required to inform the Company if you believe you are pregnant. The Company is then required to carry out a risk assessment and ascertain if your health or that of your unborn child are at risk, and to consider what measures are to be taken to avoid any risk.
In some cases. the Company may need to alter your working conditions or hours of work, offer you suitable alternative work, or suspend you on full pay for the duration of your pregnancy.
If you work at night and your doctor has provided a certificate stating that your health or that of your unborn child would be damaged by night work, the Company will try to temporarily redeploy you to day work. If this is not possible, you will be suspended on full pay.
You must not undertake any work in the two weeks after you have given birth. Those employees who work in the factory/on the shop floor must not undertake any work in the four weeks after they have given birth.
Time off for antenatal care
If you are pregnant, you have the right to take reasonable time off work, with pay, during your working hours to receive antenatal care, regardless of your length of service.
If recommended, by your registered medical practitioner or registered midwife, on medical grounds these will include relaxation and/or parent craft classes.
The Company requires you to give reasonable notice when making a request to take time off for scheduled antenatal appointments.
Prior to time off being authorised, you will also be required to provide a copy of your appointment card and/or medical certificate confirming your pregnancy, except for your first appointment.
Different types of leave available
If you are pregnant or you have recently given birth, you are entitled to Maternity Leave.
If you adopt a child, either you or your partner will be entitled to Adoption Leave.
Adoption leave can be taken by either partner adopting a child jointly, regardless of your gender.
To obtain the benefit of these rights, you must comply with the qualifying conditions that are outlined below.
Where you meet the eligibility criteria, you are entitled to 52 weeks' Maternity or Adoption Leave, to care for a new baby or a newly adopted child who is up to 18 years of age.
Maternity and Adoption Leave is made up of 26 weeks' Ordinary Leave, followed by 26 weeks' Additional Leave.
Additional Maternity Leave (AML) or Additional Adoption Leave (AAL) follows immediately after the end of your Ordinary Leave. There can be no gap between the two types of leave.
New mothers and adoptive parents have the right to transfer all, or part, of their AML or AAL entitlement to the other parent/partner or to share the Parental Leave
Further details can be found in the Paternity Leave or the Shared Parental Leave sections
When you give birth, you are legally compelled to take a minimum of two weeks' Maternity Leave immediately after giving birth. For health and safety reasons, new mothers who work in a factory have a longer minimum period of four weeks.
Benefits during Maternity or Adoption Leave
During Maternity or Adoption Leave you are entitled to receive all your normal contractual benefits, excluding your normal rate of pay, but including annual holiday entitlement, and if applicable the use of a company car, telephone, or computer.
Your normal rate of pay will be substituted by: Statutory Maternity (SMP) and/or Statutory Adoption Pay (SAP)
SMP and SAP are payable for up to 39 weeks.
The first six weeks are payable at what is classed as the higher rate, which is the equivalent of 90% of your normal earnings, or at the Government Standard Rate whichever is the higher.
For SMP, your normal earnings are calculated based on the eight-week period before the Qualifying Week, i.e. the 15th week before your expected week of childbirth.
For SAP, your normal earnings are calculated over the eight-week period ending with the week in which you are notified of having been matched with the child for adoption.
The remaining 33 weeks are payable at a standard rate for the relevant tax year this is set by the Government and can change each year.
If you do not qualify for SMP or SAP, you may be entitled to claim for an allowance of financial support by contacting your local benefits office.
To qualify for SMP or SAP you must have:
· average weekly earnings equal to or above the Lower Earnings Limit for National Insurance purposes during the eight-week period up to and including the Qualifying Week or the date you are matched with a child,
· have been continuously employed for at least 26 weeks, ending with the 15th week before your expected week of childbirth (the 'Qualifying Week') or the date you are informed by the approved adoption agency, or the central authority, that you have been matched with a child.
· if you are pregnant, still be pregnant at the 11th week before your expected week of childbirth or have had the child by that time.
· give the Company at least 28 days' notice (or, if that is not possible, as much notice as is reasonably practicable) of the day you would like your SMP or SAP to start.
· provide the Company with the appropriate medical certification of your expected week of childbirth, normally using the medical certificate MAT B1, or in the case of an adoption provide a written declaration that you are entitled to receive SAP
Returning to work after Maternity or Adoption Leave
You do not need to give notice of your return to work if you simply return at the end of your Maternity or Adoption Leave period.
If you wish to return to work before the full entitlement of your Maternity or Adoption Leave has ended, or change your mind about the intended date of return to work, you must give the Company a minimum of eight weeks' notice of the intended date of your return.
In the event that you fail to give the required eight weeks' notice of an earlier date of return, the Company may postpone your return until the end of the eight weeks' notice you should have given, or until the end of the Maternity or Adoption Leave period, whichever is earlier.
You are entitled to return to your original job at the end of Ordinary Maternity or Adoption Leave.
Where you take Additional Maternity or Adoption Leave, you are also entitled to return to your original job at the end of the Additional Leave.
However, if this is not reasonably practicable, you will be offered a similar role on no less favourable terms and conditions.
You will not lose the right to return to work if you do not follow the correct notification procedures. However, the Company may take appropriate disciplinary action if you fail to return to work at the end of the Maternity or Adoption Leave period.
If you are unable to return to work at the end of the Maternity or Adoption Leave due to ill health, the Company's normal sickness absence rules, procedures and payments will apply.
Holiday entitlement and Maternity or Adoption Leave
Annual holiday entitlement will continue to accrue during the whole of your Maternity or Adoption Leave.
You must discuss and agree with the Company, in advance, when your accrued holiday entitlement can be taken.
Holiday entitlement cannot be taken simultaneously with Maternity or Adoption Leave.
Accrued holiday can only be taken either before the beginning of the Leave or after the end of the Leave.
Authorisation for the holiday must be obtained from the Company in the normal way prior to your accrued holiday being taken.
Contact during Maternity or Adoption Leave
The Company may make reasonable contact with you during your Maternity or Adoption Leave.
In addition, you may attend work during your Maternity or Adoption Leave, for a limited period, without affecting your Maternity or Adoption Leave.
These days are referred to as Keeping in Touch days.
During your Maternity or Adoption Leave, you may work up to 10 days for the Company, during your Leave, without losing your right to your Maternity or Adoption Leave pay.
Any days worked will be paid at your normal rate of pay, and any SMP or SAP will be taken as being included in your normal rate and NOT paid as an extra in these circumstances.
Neither you nor the Company is under any obligation to agree to work or to provide work for KIT days.
Procedure for Obtaining Parental Leave
The Company recognises that working parents may need to take additional unpaid leave from work to care for their children. This procedure outlines the qualifying conditions and the procedure to request Parental Leave. It also sets out how and when the leave can be taken and provides information on your contractual rights and your right to return to work following Parental Leave.
If you meet the qualifying conditions set out below, you are entitled to take the relevant Statutory Parental Leave for each child. The Company will consider all requests for Parental Leave however, you must be aware that the needs of the business will take priority over Parental Leave.
To qualify for Parental Leave, you must have been employed by the Company for a continuous period of one year or more. You must also have responsibility for the child, and you must be one of the following:
· the biological mother or father of the child
· the child's adoptive parent (male or female)
· have legal responsibility for the child, such as the child's legal guardian
You must confirm that the requested leave is intended for the purpose of spending time with or caring for the child.
If you meet the qualifying conditions, you are entitled to a maximum of 18 weeks' unpaid Parental Leave for each of your children under the age of 18 and the leave must be taken before the child's 18th birthday.
You should be aware that there is a maximum of four weeks' Parental Leave that can be taken in any one year.
Parental Leave can only be taken in blocks of one complete week or more, except in the case of children with a disability, when you may take Parental Leave one day at a time.
Contractual benefits during Parental Leave
You are entitled to enjoy your normal terms and conditions of employment, except for pay, while on Parental Leave.
Application for Parental Leave
If you meet the qualifying conditions detailed above, you are required to give the Company a minimum of 21 calendar days' notice, in writing, of your request to take Parental Leave in the following format:
The request must specify the start and end date of the intended leave and state that the purpose of the leave is to spend time with or to take care of the child.
You must confirm if you have previously taken Parental Leave, in relation to the same child, during this or any previous employment with another employer.
You are also required to provide evidence of your responsibility to the child:
either a copy of the child's date of birth or adoption placement.
If you intend to take a period of Parental Leave immediately after a period of Paternity Leave, you must give the Company a minimum of 21 days' notice from the beginning of the expected week of childbirth or placement.
The right to postpone Parental Leave
The Company has the right to postpone your Parental Leave for up to six months if the timing of your absence will unduly disrupt the business. However, any Parental Leave requested to take place immediately after the birth of your child, or the date of placement, will not be postponed if you have given 21 calendar days' notice of your intention to take Parental Leave at this time.
Returning to work after Parental Leave
You are normally entitled to return to work following Parental Leave to the same position you held before commencing your leave.
Your terms of employment will remain unchanged upon your return from a period of Parental Leave.
If your Parental Leave has been combined with a period of Maternity, Adoption, Shared Parental or Paternity Leave of more than four consecutive weeks, and it is not reasonably practicable for you to return to the same position you held before commencing leave, the Company will offer you a suitable and appropriate alternative position.
If you take a period of Parental Leave under this policy for any purpose other than to spend time with or otherwise care for your child, you may be subject to disciplinary action, up to and including dismissal.
Procedures for Paternity Leave and Paternity Pay
This procedure outlines the qualifying conditions and the procedures that you need to follow when requesting the different types of Paternity Leave. It provides information relating to your contractual rights and your right to return to work following Paternity Leave.
Antenatal Appointments
You have the right to take unpaid time off during working hours to accompany a pregnant woman to antenatal appointments where you:
· are the pregnant woman's husband or civil partner,
· live with the woman in an enduring family relationship (whether heterosexual or same-sex relationship) and are not a relative of the woman,
· are the expected child's father,
· are one of a same-sex couple who is to be treated as the child's other parent under the assisted reproduction provisions,
· are the potential applicant for a parental order under surrogacy laws.
This time off is limited to no more than two occasions each lasting no more than six and a half hours
Paternity Leave
You can take Paternity Leave in relation to the birth or adoption of a child.
If you are the partner of an individual who has given birth you may be entitled to Paternity Leave, if you are the partner of an individual who adopts, or you are the other member of a couple who is adopting jointly, you may also be entitled to Paternity Leave. In the case of adoption, if you have adopted the child, you can choose who will take the Adoption Leave and who will take the Paternity Leave. However, only one period of Maternity or Adoption Leave and one period of Paternity Leave may be taken between the couple even if your partner works for a different company. Further details of Adoption Leave entitlement are set out in the Maternity and Adoption Policy. (see Section 3)
Different types of Paternity Leave available
If you meet the qualifying conditions detailed in the section Procedure for Obtaining Parental Leave – Qualifying Conditions above, you WILL be entitled to Ordinary Paternity Leave (OPL) and MAY be entitled to Additional Paternity Leave (APL).
Ordinary Paternity Leave
To qualify for Ordinary Paternity Leave (OPL) following the birth, or adoption of a child under the age of 18yrs, you must:
· have worked continuously for the Company for 26 weeks leading into the 15th week before the child is due; or by the week in which an approved adoption agency matches you with the child (the notification week)
· be the biological father of the child or the mother's husband or partner (male or female) or have, or expect to have, responsibility for the child's upbringing
· confirm the requested leave is intended for the purpose of caring for the child, or to support the child's mother or adoptive parent in caring for the child.
· Eligible employees are entitled to take up to two weeks' paid OPL.
· OPL must be taken in units of either one whole week or two consecutive whole weeks.
· Leave may start on any day of the week, on or following the child's birth, but must be completed:
· within 56 calendar days of the actual date of birth of the child, or within a period, from the actual date of birth, up to 56 calendar days after the expected week of birth if the child is born early.
You may change your mind about the starting date for OPL, providing you tell the Company at least 28 calendar days in advance of the changed start date (or as soon as is reasonably practicable, if you are not in a position to do so within the prescribed period).
If you meet the OPL qualifying conditions above, you are entitled to 26 weeks' Additional Paternity Leave in order to care for the new baby or a newly adopted child who is under 18 years of age providing the following qualification criteria are also met:
· you remain employed by the Company until the week before the first week of your APL
· the child's mother has been entitled to Statutory Maternity Leave, Maternity pay, or Maternity Allowance in respect of the pregnancy,
· your co-adopter has been entitled to one or both of Statutory Adoption Leave or Statutory Adoption pay in respect of the child's adoption and
· the child's mother, or your co-adopter, has returned to work
Ordinary Statutory Paternity Pay
Eligible employees are entitled to be paid during their OPL following the birth or placement of their child, to care for the child or support its mother or adoptive parent. During OPL, most employees will be entitled to Ordinary Statutory Paternity Pay (OSPP), which will be the same as the standard rate of Statutory Maternity Pay (SMP).
In order to qualify for OSPP you must meet the OPL qualifying conditions mentioned above and have average weekly earnings equal to or above the Lower Earnings Limit for National Insurance purposes over the eight-week period leading up to and including, the 15th week before the child is due or, in adoption cases, the Notification Week
In addition to meeting the conditions detailed above, the Company may request you to provide a self-certificate as evidence that the mother or adoptive parent meets these conditions. The self-certificate must also provide the information required above and include a declaration that you meet the necessary conditions.
Additional Statutory Paternity Pay
If you are eligible for Additional Paternity Leave you may also be entitled to be paid Additional Statutory Paternity Pay (ASPP).
The rate of ASPP is either the standard rate set by the Government or 90% of your average weekly earnings, where this is lower. To qualify for ASPP you must meet the OSPP qualifying conditions mentioned above. In addition, the child's mother or adopter must have returned to work, with at least two weeks of their Statutory Maternity Pay, Maternity Allowance or Statutory Adoption Pay remaining.
At least 20 weeks must also have elapsed since the birth or adoption of the child.
ASPP will only be paid for any period of APL taken during the maternity pay period of the mother or adoption pay period of the adopter. Once this pay period ends, any remaining period of APL will be unpaid.
In addition to meeting the conditions detailed above, to qualify for ASPP, the Company may request you to provide a self-certificate as evidence that the mother or adoptive parent meets these conditions. The self-certificate must also provide the information required above and include a declaration that you meet the necessary conditions.
Contractual benefits during your Paternity Leave
You are entitled to enjoy your normal terms and conditions of employment, except for pay, whilst on Paternity Leave. You are also entitled to return to the same job following your leave. If the Company provides you with an enhanced contractual right to Paternity Leave or Paternity Pay you should clearly understand, that when payment of contractual paternity pay is made this is inclusive of any SPP or ASPP entitlement i.e. you are not entitled to both.
Contact during Paternity Leave
The Company may make reasonable contact with you during your Paternity Leave. In addition, you may attend work during your APL, for a limited period, without affecting your Paternity Leave and paternity pay. These days are referred to as Keeping in Touch days.
Keeping in Touch days
The employee may work up to 10 days for the Company, during your Paternity Leave, without losing your right to your paternity pay. Any days worked will be paid at the employee’s normal rate of pay, and any SPP or ASPP will be taken as being included in your normal rate and NOT paid as an extra in these circumstances.
Neither, employee or Company, are under any obligation to agree to work or provide work for Keeping in Touch days.
Requesting Ordinary or Additional Paternity Leave
If you wish to take OPL you must notify the Company by the 15th week before the expected week of childbirth, stating the week the child is due, or the date of being matched with a child, whether you wish to take one week's or two weeks' continuous leave; and the date you want the leave to start.
If you wish to take APL, you must give the Company a minimum of eight weeks' notice prior to the intended start date of your leave.
The Company will consider all requests for Paternity Leave. However, you must be aware that Ordinary Paternity Leave can only be authorised to be taken immediately after the birth or the placement of the child or if later at a time to suit the needs of the business.
Providing Proof of Entitlement
Where the mother, or adopter of the child, satisfies the conditions for Maternity or Adoption Leave, the employee will need to provide the following documentation:
Mother or Adopter declaration
The mother or adopter must provide a written declaration stating their name and address,
the date they intend to return to work after their maternity or Adoption Leave, their National Insurance number, that you are the only person exercising the entitlement to take APL in respect of the child and that the employee consents to the Company processing the information contained in the declaration.
Employee declaration
The Employee must provide the Company with a written request to take Paternity Leave.
specify the expected week of childbirth, or the date of the child's birth or the date the child was matched.
specify the start and end date of the intended leave and state that the purpose of the leave is to care for the child.
You are required to provide a copy of the child's birth certificate or the relevant documents issued by the approved adoption agency, the name and address of the adoption agency and the name and address of the mother's employer.
Taking Ordinary Paternity Leave
You are permitted to take OPL in units of either one whole week or two consecutive whole weeks.
Leave may start on any day of the week on or following the child's birth or the date of matching.
Your leave must be completed within 56 calendar days of the actual date of birth of the child, or the date the child was matched.
If the child is born early, leave must be taken within the period from the actual date of birth up to 56 calendar days after the expected week of birth.
Taking Additional Paternity Leave
APL must be taken during the period between 20 weeks after the child's birth or placement and must end no later than 12 months after the date of birth or placement.
The leave must be taken as a minimum of two weeks and up to a maximum of 26 weeks.
It can only be taken in multiples of complete weeks and must be taken as one continuous period.
Changing the start of your Ordinary Paternity Leave
Where you are to take OPL in respect of a child's birth or to coincide with the day a child is placed with you, you can give written notice to vary the start date of your leave from that which you originally specified. At least 28 days before the Expected Week of Childbirth or the Expected Placement Date.
Notice should be given where you wish to:
· Vary your leave to start on the day of the child's birth
· Vary your leave to start a specified number of days after the child's birth or after the placement date of the child (minus the specified number of days)
· Vary your leave to start on a specific date (or a different date from that you originally specified).
Changing the start or finish date of your Additional Paternity Leave
Where you are eligible to take APL, you may give written notice to cancel or vary the start and/or finish dates that you previously notified to the Company.
Where you wish to change the start of your APL, you must provide at least six weeks' notice before the original start date of your APL or if you now wish to start your APL earlier, the notice you provide must be at least six weeks before the new date on which you want your APL to start.
If you are unable to give six weeks' notice, you should give the Company written notice of your request as soon as reasonably practicable. However, in these circumstances, if your request cannot be accommodated the Company may require you to take a period of APL of up to six weeks starting on either your original or revised start date.
Returning to work after your Paternity Leave
You are normally entitled to return to work following Ordinary Paternity Leave to the same position you held before commencing your leave.
Your terms of employment will continue to be the same as they would have been had you not been on Paternity Leave.
If your OPL has been combined with a period of APL or a period of Parental Leave of more than four consecutive weeks, and it is not reasonably practicable for you to return to the job you held before commencing leave, the Company will offer you a suitable and appropriate alternative position.
If you are unable to return to work following a period of Paternity Leave due to sickness or injury, this will be treated as sickness absence and the normal reporting procedures will apply.
You should be aware if you do not return to work for any other reason, the Company will treat a late return as an unauthorised absence, which may result in disciplinary action up to and including dismissal without notice.
Breach of this policy
If you take a period of Paternity Leave under this policy for any purpose other than to care for the child, you may be subject to disciplinary action up to and including dismissal.
Procedures for Taking Shared Parental Leave
This procedure outlines the statutory right to take Shared Parental Leave (SPL) to care for a child due to be born, or a child that has been placed for adoption with you.
SPL gives employees with caring responsibilities for babies or newly adopted children the opportunity to share up to 50 weeks leave, and 37 weeks of pay and outlines the notification requirements before a period of SPL, together with your entitlement to pay during SPL.
Parents taking SPL can take leave in separate blocks, returning to work in between blocks, and both parents can be on leave at the same time.
Eligible employees are entitled to submit up to three ‘Period of Leave Notices’ and are entitled to take SPL on those dates.
All SPL, regardless of which parent takes the leave, must be taken within the 12-month period following the birth or adoption of the child.
Eligibility for Birth Parents
To be eligible for Shared Parental Leave (SPL) and Statutory Shared Parental Pay (ShPP), from Tubosider (UK) Ltd both parents must:
· share responsibility for the child at birth
· meet work and pay criteria - these are different depending on which parent wants to use the shared parental leave and pay
You are not eligible if you started sharing responsibility for the child after it was born.
Both parents want to share the SPL and ShPP
You and your partner must:
· have been employed continuously by the same employer for at least 26 weeks by the end of the 15th week before the due date
· stay with the same employer while you take SPL
· be employees and not ‘workers’ (see Employees v’s Workers below)
· each earn on average at least the Governments minimum required earnings
If either of you is a ‘worker’, you can share ShPP but not SPL. If either of you earns less than the Governments minimum required earnings, you can share SPL but not ShPP.
If the mother’s partner wants to take the SPL and ShPP
The mother must:
· have been working for at least 26 weeks (they do not need to be in a row) during the 66 weeks before the week the baby’s due
· have earned at least the Governments minimum required earnings in total across any 13 of the 66 weeks
The mother’s partner must:
· have been employed continuously by the same employer for at least 26 weeks by the end of the 15th week before the due date
· stay with the same employer while they take SPL
· be employees and not ‘workers’ (see Employees v’s Workers below)
· earn on average at least the Governments minimum required earnings
If the mother’s partner is a ‘worker’, they can get ShPP but not SPL. If the mother’s partner earns less than the Governments minimum required earnings, they can get SPL but not ShPP.
If the mother wants to take the SPL and ShPP
The mother’s partner must:
· have been working for at least 26 weeks (they do not need to be in a row) during the 66 weeks before the week the baby’s due
· have earned at least the Governments minimum required earnings in total in 13 of the 66 weeks (add up the highest paying weeks, they do not need to be in a row)
· The mother must:
· have been employed continuously by the same employer for at least 26 weeks by the end of the 15th week before the due date
· stay with the same employer while they take SPL
· be employees and not ‘workers’ (see Employees v’s Workers below)
· earn on average at least the Governments minimum required earnings
If the mother is a ‘worker’, she can get ShPP but not SPL. If the mother earns less than the Governments minimum required earnings, she can get SPL but not ShPP.
To be eligible for Shared Parental Leave (SPL) and Statutory Shared Parental Pay (ShPP), both adoptive parents must:
· share responsibility for the child
· meet the work and earnings criteria - these are different depending on which one of you wants to use the shared parental leave and pay
If both parents want to share the SPL and ShPP
You and your partner must:
· have been employed continuously by the same employer for at least 26 weeks by the end of the week you were matched with the child
· stay with the same employer while you take SPL
· be employees and not ‘workers’ (see Employees v’s Workers below)
· each earn on average at least the Governments minimum required earnings
If either of you is a ‘worker’, you can share ShPP but not SPL. If either of you earns less than the Governments minimum required earnings, you can share SPL but not ShPP.
If only one of the parents wants to take the SPL and ShPP
The parent who wants to take the leave and pay must:
· have been employed continuously by the same employer for at least 26 weeks by the end of the week you were matched with the child
· have stayed with the same employer while they take SPL
· be employees and not ‘workers’ (see Employees v’s Workers below)
· earn on average at least the Governments minimum required earnings
The other parent must:
· have been working for at least 26 weeks (they do not need to be in a row) during the 66 weeks before the week the child was placed with you
· have earned at least the Governments minimum required earnings in total in 13 of the 66 weeks (add up the highest paying weeks, they do not need to be in a row)
If the parent who wants to take the leave and pay is a ‘worker’, they can get ShPP but not SPL. If they earn less than the Governments minimum required earnings, they can get SPL but not ShPP.
Amount and timing of Shared Parental Leave
SPL must be taken in weekly blocks and within 12 months, beginning with the date of the baby's birth or the child's placement for adoption.
The maximum of 50 weeks' SPL will be reduced by the number of weeks' maternity or adoption leave that has already been taken by the mother or main adopter (or the number of weeks' Statutory Maternity/Adoption Pay or maternity allowance already taken if the mother or main adopter is not entitled to Statutory Maternity/Adoption Leave).
After the birth of a child it is compulsory for the mother to take two weeks' maternity leave (four weeks for new mothers who work in a factory), so in most cases, working parents will have the opportunity to split 50 weeks of SPL.
SPL is in addition to the statutory right to two weeks' paternity leave for fathers and partners. If you wish to take paternity leave you must do so before you take any SPL.
All employees are workers, but an employee has extra employment rights and responsibilities that do not apply to workers who are not employees.
These rights include all the rights workers have plus:
· Statutory Sickness Pay.
· Statutory maternity, paternity, adoption, and shared parental leave and pay (workers only get pay, not leave).
· minimum notice periods if their employment will be ending, for example if an employer is dismissing them.
· protection against unfair dismissal.
· the right to request flexible working.
· Time off for emergencies.
· Statutory Redundancy Pay.
Some of these rights require a minimum length of continuous employment before an employee qualifies for them. An employment contract may state how long this qualification period is.
Someone who works for a business is probably an employee if most of the following are true:
· they are required to work regularly unless they are on leave, for example holiday, sick leave or maternity leave.
· they are required to do a minimum number of hours and expect to be paid for time worked
· a manager or supervisor is responsible for their workload, saying when a piece of work should be finished and how it should be done
· they cannot send someone else to do their work
· the business deducts tax and National Insurance contributions from their wages
· they get paid holiday
· they are entitled to contractual or statutory sick pay, and maternity or paternity pay
· they can join the business’s pension scheme
· the business’s disciplinary and grievance procedures apply to them
· they work at the business’s premises or at an address specified by the business
· their contract sets out redundancy procedures
· the business provides the materials, tools and equipment for their work
· they only work for the business or if they do have another job, it is completely different from their work for the business
· their contract, statement of terms and conditions or offer letter (which can be described as an employment contract) uses terms like ‘employer’ and ‘employee’
If most of these do not apply, the person may be classed as Self employed
Benefits during Shared Parental Leave
During SPL, you are entitled to receive all your normal contractual benefits, including annual holiday entitlement, except for your normal pay.
In addition to the requirements regarding entitlement to leave outlined above, if you wish to claim Shared Parental Pay (ShPP) you must have average weekly earnings equal to or above the Lower Earnings Limit over the eight-week period ending with the relevant week.
A maximum of 37 weeks' ShPP is payable, and this will be reduced by the number of weeks' Statutory Maternity/Adoption Pay or maternity allowance already taken by the mother or main adopter. ShPP is a standard weekly rate (or 90% of your normal weekly earnings if this is lower) which is set by government each tax year.
You must follow the statutory notification and information requirements detailed below.
Holiday entitlement and Shared Parental Leave
Annual holiday entitlement will continue to accrue during the whole of your SPL. You must discuss and agree with the Company, in advance, when your accrued holiday entitlement can be taken.
Holiday entitlement cannot be taken simultaneously with SPL. Accrued holiday can only be taken either before the beginning of the leave, after the end of the leave or in between blocks of leave. Authorisation must be obtained from the Company in the normal way prior to your accrued holiday being taken.
Contact during Shared Parental Leave
The Company may make reasonable contact with you during your SPL.
In addition, you may work for up to 20 days without bringing the SPL to an end but work during SPL will not have the effect of extending your SPL period. These days are referred to as ‘Shared Parental Leave In Touch’ (SPLIT) days.
If you do work, you will be paid your normal rate of pay inclusive of any ShPP entitlement. You are under no obligation to work during SPL, and the Company is under no obligation to offer work.
The 20 SPLIT days available during SPL are in addition to the 10 ‘Keeping In Touch’ days available during Maternity and Adoption Leave.
Procedure for Booking SPL and Claiming ShPP
Employees and managers should where possible have an informal discussion prior to employees giving formal notification of intention to take SPL so that statutory entitlements to other types of leave and pay can be discussed, and to ensure that plans for any discontinuous periods of leave can be considered as early as possible
Notice of entitlement and intention to take SPL and ShPP
You must notify the Company in writing at least eight weeks before the start date of the first period of SPL.
The written notice must contain the following information:
· your name and the other parent's name
· the start and end dates of the mother's or main adopter's maternity/adoption leave (or the start and end dates of the statutory maternity/adoption pay or maternity allowance period if the mother/main adopter is not entitled to statutory leave)
· the expected date of birth/placement and the actual date of birth/placement if the written notice is given after the birth/placement
· the amount of SPL and ShPP available and an indication of how much each parent intends to take (this may be varied by a subsequent written notice signed by both parents)
· an indication of the start and end dates of the periods of SPL and ShPP that you intend to take. This indication is not binding and can be amended later
· a signed declaration that you meet the conditions for entitlement to SPL, that the information provided is accurate and that you will notify the Company immediately if you cease to meet the conditions for entitlement
· a signed declaration from the other parent containing:
· their name, address, and National Insurance number
· confirmation that they meet the employment and earnings conditions
· confirmation that, at the time of the birth, they will share the main responsibility for the care of the child
· their consent to the amount of leave the employee intends to take
· confirmation that they will immediately inform you if they cease to satisfy the employment and earnings conditions
Notice of curtailment of Statutory Maternity/Adoption Leave and payments
At the same time as a notice of entitlement and intention to take SPL is submitted, the mother/main adopter must give the Company a leave and pay curtailment notice giving:
· 8 weeks' notice of the date on which Maternity/Adoption Leave and Pay is to end.
· the date on which Maternity/Adoption Pay is to end if they are not entitled to Maternity/Adoption Leave.
· If the mother is only entitled to maternity allowance (and not Maternity Leave) her notice of curtailment must be submitted. Her maternity allowance cannot be reinstated, so she is in effect giving consent for her partner to take the whole of any ShPP entitlement.
A notice of curtailment is usually binding, but may be revoked in the following circumstances:
· if it becomes apparent that neither parent is entitled to SPL or ShPP
· if the curtailment notice was given before the birth and is revoked up to six weeks following the birth (in this case another curtailment notice can be submitted)
· if the other parent dies.
Notice to take a specific period of SPL and ShPP
The first period of SPL may be identified in the initial notice of entitlement and intention to take SPL.
You are entitled to submit a maximum of three formal periods of leave notices.
Each period of leave notice must be given at least eight weeks before the start of a period of leave, stating the dates of the leave and the dates on which ShPP will be claimed, if applicable.
If the first period of leave notice is given prior to the birth of a child, the notice may express the start date in relation to the date of birth, for example 'starting two weeks after the baby is born for a period of four weeks'.
If a continuous period of leave is requested in each period of leave notice, you will be entitled to take that period of leave and this will be confirmed in writing.
If more than one period of leave is requested in a period of leave notice, the Company will seek to accommodate the request, but this cannot be guaranteed. Your manager will discuss the request with you to determine if it can be accommodated.
If it cannot be accommodated, there may be an alternative pattern of leave which can be agreed, or the request may be refused. The Company's decision will be confirmed in writing.
If no agreement is reached within 14 calendar days of the period of leave notice being submitted, you can take the discontinuous periods of leave requested in one continuous block, beginning on the original start date, or withdraw the request within 15 calendar days of the request being submitted. If the request is withdrawn in these circumstances it will not count as one of your three requests, you may also take the continuous block starting on a new date, as long as the new date is later than the original start date, and you notify the Company of the new date within 19 calendar days.
If you wish to vary your period of SPL, you are entitled to submit a request to:
vary the start date as long as the variation is requested at least eight weeks before the original start date and the new start date, or vary/cancel the amount of leave requested at least eight weeks before the original start date you may also request that a single period of leave becomes a discontinuous period of leave, or vice versa.
A variation will count as one of your three periods of leave notices unless it is made as a result of the child being born earlier or later than the expected week of childbirth or the Company has requested the variation and/or the Company has agreed to accept more than three periods of leave notices.
………
The usual eight-week notice requirement may be modified if your child is born early and the new start date for the period of leave is the same length of time following the birth as in the original notice. In this case notice to vary the start date should be given as soon as reasonably practicable after the birth of the child.
The Company may request, within 14 days of receiving your notice of entitlement and intention to take SPL and ShPP, a copy of the child's birth certificate and the name and address of the other parent's employer. In the case of adoption, the Company may request the name and address of the other parent's employer, along with evidence confirming the following:
· the name and address of the adoption agency
· the date that the main adopter was notified of having been matched for adoption with the child
· the date on which the adoption agency expects to place the child
You must respond to the request for evidence within 14 days (or within 14 days of the birth of the child if our request was made before the child was born). If the birth certificate has not yet been issued, you must sign a declaration stating that fact along with the date and location of the child's birth. If the other parent has no employer, this must also be declared.
Returning from Shared Parental Leave
If you wish to return early from SPL, or extend the period of your SPL, you must notify the Company at least 8 weeks before both the original end date and the new end date.
If you return to work immediately after a period of SPL which (together with any Statutory Maternity/Adoption Leave you may have taken to care for the same child) was 26 weeks or less, you will return to work in the same job that you left.
If you return to work from a period of SPL which (together with any Maternity/ Adoption Leave you may have taken to care for the same child) was more than 26 weeks you will normally be entitled to return to the job in which you were employed before your absence. If that is not reasonably practicable, you will be offered a similar role on no less favourable terms and conditions.
You will not lose the right to return to work if you do not follow the correct notification procedures. However, the Company may take appropriate disciplinary action if you fail to return to work at the end of the SPL period.
If you are unable to return to work at the end of the SPL due to ill health, the Company's normal sickness absence rules, procedures and payments will apply
Application Procedure for Flexible Working
There is no automatic right to flexible working, but the Company will consider any requests by way of a prescribed procedure.
To make a request under the new right you must:
· be an employee,
· not be an agency worker or a member of the armed forces,
· have a child under 6 years or 18 years in the case of a disabled child,
· have been continuously employed by the Company for a period of not less than 26 weeks at the date the application is made,
· make the application no later than 2 weeks before the child’s 6th birthday or 18th birthday in the case of a disabled child,
· have or expect to have responsibility for the child’s upbringing,
· be making the application to enable you to care for the child,
· not have made another application to work flexibly under the right to make such applications during the past 12 months.
The right to apply for flexible working arrangements applies to the mother, father, adopter, guardian or foster parent of the child or the partner or spouse of such a person living with the child.
A partner is defined as somebody whether of the same or different sex who lives with the child and the mother, father, adopter, guardian, or foster parent in an enduring family relationship but who is not a blood relative. This means that the right to apply for flexible working arrangements does not extend to grandparents, aunts, or uncles unless they have specific parental responsibility.
The request can include any or all the following:
· a change to hours worked,
· a change to the times you are required to work,
· a request to work from home.
Any agreed change to your terms and conditions will be permanent unless we agree otherwise.
If you make an application, you must consider it carefully and you should think about:
· what working pattern will help you best care for the child,
· the financial implications a change might have on you,
· what effects, if any, the change will have on the Company’s business and how these might be accommodated.
The application must be in writing, signed and dated and:
· state that it is an application under the right to apply for flexible working arrangements,
· specify the change applied for,
· specify the date on which you would like the change to be effective,
· explain what effect, if any, you think making the change applied for would have on the Company,
· explain how you meet the eligibility requirements.
Only one application per year may be made under the right to apply. If you have made a previous application to the Company for flexible working arrangements, then the application must state this and give the date on which the previous application(s) are or were made.
The Company may agree to the request without discussing it with you provided we notify you within 28 days of receipt of the application that the request is granted.
Otherwise, the Company will arrange to meet with you within 28 days of receiving the application (or longer if mutually agreed). If the individual who would normally consider your application is on holiday or sick leave this time limit will be automatically extended.
· At the meeting you are entitled to bring a companion. The companion can address the meeting but not answer questions on your behalf. The companion should be a work colleague of your choosing.
· At the meeting, we will discuss the work pattern suggested in depth and how best it might be accommodated. If there are problems in accommodating the request, we will consider alternative working patterns.
· Within 14 days of the meeting we will write to you to either agree a new working pattern and a start date or, where the decision is to refuse the variation, to set out the grounds for the refusal.
The grounds on which the Company can reject the request include:
· burden of additional costs,
· detrimental effect on the ability to meet customer demand,
· inability to reorganise work amongst existing staff,
· inability to recruit additional staff,
· detrimental effect on quality,
· detrimental impact on performance,
· insufficiency of work during the periods the employee proposes to work,
· planned structural changes,
· any other ground allowed by regulations.
You may appeal the Company’s decision provided you do so within 14 days of receiving the Company’s notice of refusal.
· The notice of appeal must be in writing, signed and dated as before, and set out the grounds of the appeal.
· Within 14 days of receipt of the notice of appeal, the Company will either hold a meeting with you to hear the appeal or allow the appeal and notify you accordingly.
· Within 14 days of holding the meeting to hear the appeal, the Company will give you notice of its decision on the appeal. If we allow the appeal the notice will specify the variation in terms and conditions agreed and the date from which it is to take effect. Where the Company dismisses the appeal, the notice will set out the grounds on which the dismissal is based.
SECTION 3
Company Policies
Equal Opportunities Policy
The Company recognises the benefits of a diverse workforce and is committed to providing a working environment that is free from discrimination.
The Company will seek to promote the principles of equality and diversity in all its dealing with its employees, job applicants, clients, customers, suppliers, contractors, recruitment agencies and members of the public.
This principle extends to the behaviour of all employees, and those who act on the Company’s behalf are required to adhere to this policy when undertaking their duties or when representing the Company in any other guise.
Unlawful discrimination
The Company will not tolerate any kind of unlawful discrimination in the working environment and the Company will take the necessary action to prevent its occurrence.
It is the Company’s intention that no job applicant or employee is subject to unlawful discrimination either directly or indirectly, on the grounds of:
· gender, gender reassignment,
· marital status,
· race (including colour, nationality, caste, and ethnic origin),
· nationality, or ethnic origin,
· age,
· sexual orientation,
· religion or belief,
· disability,
· part-time status,
· pregnancy or maternity,
· political belief or affiliation,
· trade union membership.
This commitment applies to all aspects of employment including:
· recruitment and selection, including advertisements, job descriptions, interview and selection procedures
· training
· promotion and career-development opportunities
· terms and conditions of employment, and access to employment-related benefits and facilities.
· Grievance handling and the application of disciplinary procedures
· Selection for redundancy
· Equal opportunities practice is developing constantly as social attitudes and legislation change. The Company will review all policies and implement necessary changes where these could improve equality of opportunity.
Responsibilities
· You have a personal responsibility for the practical application of the Company's Equal Opportunities Policy, which extends to the treatment of your colleagues and the Company's customers and suppliers.
· Managers have a special responsibility for the practical application of the Company's Equal Opportunities Policy when involved in recruitment, selection, promotion, and training of employees.
· For ethical and legal reasons, the Company will not tolerate any unlawful discrimination or breaches of its Equal Opportunities Policy. Failure to comply with this policy will lead to the Company taking serious disciplinary action.
Career development
While the Company may take positive measures to encourage under-represented groups to apply for employment opportunities, recruitment or promotion to all jobs is solely on merit.
All employees will have equal access to training and other career-development opportunities appropriate to their experience and abilities.
Complaints of discrimination
The Company will treat seriously all complaints of discrimination made by employees, clients, customers, suppliers, contractors or other third parties, and will act where appropriate.
If you believe that you have been unfairly discriminated against, you are encouraged to raise the matter as soon as possible with your line manager or other senior employee using the Company’s Grievance Procedure.
The Company will treat as confidential, and investigate thoroughly, all allegations regarding potential breaches of this policy. If you make an allegation of discrimination, the Company is committed to ensuring your protection from victimisation, harassment, or less favourable treatment. Investigation of the incident will be under the Company’s Disciplinary Procedure.
Investigations
If you are accused of unlawful discrimination, the Company will fully investigate the matter.
During the investigation, you will be given the opportunity to respond to the allegation and provide an explanation of your actions.
If the investigation concludes that the claim, against you, is false or malicious, the complainant may be subject to disciplinary action.
If the investigation concludes that your actions amounted to unlawful discrimination, you will be subject to disciplinary action, up to and including dismissal without notice for gross misconduct.
Health & Safety at Work Policy
Health and Safety
The Company will set and maintain high standards of Health and Safety to ensure that all its employees, visitors and contractors will be working in a safe and healthy environment. Appropriate risk controls and audit activities that confirm performance against the policy, plans and systems, support this policy.
Please refer to the Health and Safety Policy document for full detail including a list of the Responsible Persons together with the Fire and Emergency Evacuation Procedures. The document is available from the Management Accountant.
A summary of some of the key points from the Health & Safety Policy are below:
Your obligations and duties
It is important that you are aware of your responsibilities, as detailed in the Health & Safety at Work Act 1974, particularly with regard to taking reasonable care for the health and safety of yourself and others, who may be affect by your acts or omissions. To comply with any duty or requirement imposed on your employer or any other person, by or under any of the relevant statutory provisions, and to co-operate with the employer as far as is necessary to enable the performance and compliance of that duty or requirement.
Further-more under Section 8, no one may intentionally or recklessly interfere with, or misuse anything provided in the interests of health and safety welfare,
In pursuance of any of the relevant statutory provisions you are required to:
· Comply with Company Rules, procedures, and instructions to promote Health and Safety at work.
· Report all damage, including accidental damage to Company property/equipment.
· Know which activities require a permit to work and/or safe system of work within your own working areas.
· Maintain good housekeeping standards.
· Use Personal Protective Equipment (PPE) and clothing when appropriate, including hearing and foot protection in designated areas.
· Immediately report all defective equipment.
· Report to your line Manager all injuries, dangerous occurrences, and practices, and "near miss" workplace incidents.
· Use, handle and store all substances in the prescribed manner.
· Co-operate with all Health and Safety requests.
· Raise all questions and concerns with your immediate Manager.
· Observe and comply with all safety-warning signs.
· Ensure that all visitors are aware of safety and emergency evacuation procedures.
· Advise the Company of all reportable illnesses/diseases as required by the Company rules.
Evacuation procedure
You must make yourself familiar with the position of the various alternative fire exits from the building. Remember that if there is a serious fire there may be considerable quantities of thick smoke.
You must always assemble at the designated assembly point, which is located adjacent to the small exit gate in the front car park.
Once you have left the building you must NOT re-entre the building until instructed by a fire marshal.
Every week there is a fire alarm test and you should become familiar with the sound. If you here the alarm at any other time than 14:00 on a Wednesday you should leave the building immediately, by the nearest fire exit, and go to the assembly point.
Dignity at Work Policy
Introduction
Harassment and bullying - whether on grounds of sex, race, gender reassignment, disability, sexual orientation, age, religious or political belief or for any other reason, is unacceptable behaviour which the Company will not tolerate. Every employee of the Company has the right to be treated with dignity and respect. The Company will take the appropriate disciplinary action, which may include dismissal, against any employee, of whatever seniority, who contravenes this policy.
The Company will not tolerate retaliation against, or victimisation of any employee involved in the bringing of a complaint of harassment or bullying under the Company’s procedure. Such retaliation or victimisation will itself constitute a disciplinary offence, which may in appropriate circumstances lead to dismissal.
The Senior Management of the Company is fully committed to this policy.
Harassment
Harassment means words or behaviour which:
· are based on the sex, race, colour, ethnic origin, trans sexuality, religion, sexual orientation, or the disability of another person.
· are unwanted; and create an intimidating, hostile, degrading, humiliating or offensive working environment for the person who is the target of the words or behaviour.
Harassment can take many forms.
Examples of harassment prohibited by this policy include:
· verbal abuse or offensive jokes or pranks related to a person’s sex, race, gender reassignment, disability, sexual orientation, religious beliefs etc.; lewd or suggestive comments; requests for sexual favours or repeated requests for dates.
· unnecessary body contact; threatened or actual assault or violence.
· deliberate exclusion from conversations or work activities based on race, gender, disability, sexual orientation etc.
· display of “pin-ups”, pornography, inflammatory or abusive literature or graffiti.
· the use of e-mails or the internet for the purpose of bullying or making abusive or offensive remarks related to a person’s race, gender, disability, sexual orientation etc. or to send pornography or inflammatory literature.
· Inappropriate posts or comments on or via social media commonly known as "cyber bullying"
This is not an exhaustive list. Some forms of harassment plainly constitute gross misconduct for the purposes of the Company’s disciplinary procedure and will normally merit summary dismissal.
Examples of this category would be:
· threatened or actual sexual or racial assault.
· suggestions or threats by Managers that sexual favours or racial origins could affect someone’s job security or prospects.
It should be noted that it is the impact of the behaviour that is relevant and not solely the motive or intent behind it.
Other forms of harassment may constitute gross misconduct depending on the circumstances of the case.
Employees should be aware that, as well as committing a disciplinary offence an individual found by an employment tribunal to have harassed a fellow employee on the grounds of sex, race, gender reassignment or disability in the course of their employment, might be personally liable to compensate the victim.
In addition, harassment for whatever reason may constitute a crime punishable by up to six months’ imprisonment or a fine of up to £5000.
Bullying
Bullying is persistent behaviour directed against an individual or group of individuals, which creates a threatening or intimidating work environment that undermines the confidence and self-esteem of the recipient/s.
Bullying can take many forms. Examples prohibited by this policy include:
· verbal abuse, such as shouting or swearing at colleagues.
· threatening or insulting colleagues.
· abusing power or using unfair penal sanctions.
· practical jokes, initiation ceremonies or birthday rituals.
· physical abuse such as hitting, pushing, or jostling.
· rifling through, hiding, or damaging personal property.
· ostracising or excluding colleagues from work events or social activities.
This is not an exhaustive list.
Bullying does not include appropriately conducted criticism of an employee’s behaviour or job performance by management.
An employee may be bullied or harassed by a colleague or subordinate, as well as by a manager or supervisor.
It is important to recognise that what one employee may find acceptable, another may find totally unacceptable and that the essence of harassment and bullying is that the words or behaviour are unwelcome to the individual, who is the target of the words or behaviour. All employees must treat their colleagues with respect and appropriate sensitivity.
Responsibilities of Employees and Management
Your rights
· You have the right to work in an environment which is free from any form of harassment or bullying.
· The Company recognises your right to complain about harassment or bullying should it occur.
· All complaints will be dealt with seriously, promptly, and confidentially.
· Every effort will be made to ensure that, when you make a complaint, you will be protected from further acts of bullying and harassment.
· If others also give evidence or information in connection with your complaint, they will be equally protected.
· Perpetrators of these acts will be subject to disciplinary action which may warrant dismissal.
· The Company will ensure that adequate resources are available to promote, and respect dignity, in the workplace and to deal effectively with complaints of harassment and bullying.
· The Company will communicate this policy and procedure effectively to all employees, and the Company will ensure that all employees are aware of their responsibilities, via appropriate employee training provided by the Company.
· It is the responsibility of all employees to comply with this policy, and the responsibility of management to ensure compliance, with a view to developing and maintaining a working environment at the Company in which harassment and bullying are unacceptable behaviour.
· To access to this Policy is provided to all employees, who are expected to familiarise themselves with it, and abide by its provisions.
· This policy does not confer any individual contractual rights.
Your responsibilities
· You have a responsibility to help ensure a working environment in which the dignity of everyone is respected.
· You must comply with this policy and you should ensure that your behaviour to colleagues and anyone connected to the Company, does not cause offence and could not in any way be considered to as harassment or bullying.
· You should discourage harassment and bullying by making it clear that you find such behaviour unacceptable.
· You should also support colleagues who suffer such treatment and are considering making a complaint.
· You must alert a manager or supervisor immediately to any incident of harassment or bullying to enable the Company to deal with the matter promptly and effectively.
· The Company expects all employees to act responsibly regarding the issues of Harassment or Bullying.
· False accusations can have a serious effect on innocent individuals.
· Should an investigation show that a false accusation is in bad faith, appropriate disciplinary action, which could include dismissal, will follow.
· However, an employee who brings a complaint in good faith will not be subject to any disciplinary action by the Company.
Procedures
Informal Resolution
An employee who considers him or herself to be the victim of harassment or bullying may, in some cases, be able to satisfactorily resolve the matter by explaining clearly to the perpetrator that their behaviour is unacceptable and contrary to the Company’s policy and must stop. Employees may wish to ask a colleague to put this on their behalf or to be with them when confronting the perpetrator.
Employees are encouraged to seek the assistance of their Manager when they want advice regarding appropriate steps to stop the harassment. Any such discussion will be strictly confidential.
If the employee considers it appropriate, the Manager may seek to resolve the matter informally by indicating to the alleged perpetrator, without prejudging the matter, that there has been a complaint that their behaviour is having an adverse effect on a fellow employee. That any such behaviour is contrary to the Company policy; and that the continuation of such behaviour would, if substantiated, amount to a serious disciplinary offence and that their discussion is informal and confidential. If a complaint is resolved informally, the alleged perpetrator will not be subject to disciplinary sanctions. In exceptional circumstances and following consultation with the Aggrieved Party, the Company may decide that it is necessary to investigate further and take formal action.
If informal resolution of the matter is unsuccessful or considered inappropriate by the Aggrieved Party, the Aggrieved Party may make a formal complaint of harassment to their Line Manager in writing.
Formal Complaint
A formal complaint may lead ultimately to the imposition of disciplinary sanctions on the perpetrator.
The complainant will be required to provide the following details:
· the name of the alleged harasser or bully,
· the nature of the harassment or bullying,
· the dates and times the harassment or bullying occurred,
· the names of any witnesses
· any action taken by the complainant to resolve the matter informally.
The Company will handle any complaint of harassment or bullying sensitively, in a timely and confidential manner.
The Company does not consider it appropriate to use the Company’s Grievance Procedure for complaints of harassment or bullying.
The Company recognises the right of employees to determine for themselves whether the words or behaviour of others is acceptable to them and to bring a complaint in respect of harassment or bullying.
Investigations
Any complaint will be answered promptly, usually within five working days, impartially and, so far as practicable, confidentially. As part of this process, a meeting will be held with the complainant to consider his or her allegation and to enable him or her to put their case.
Following the meeting the decision as to whether the complaint is warranted. If so, a full investigation into the complaint will be carried out by management. This may involve interviewing the perpetrator, and any witnesses to the alleged incident. As far as is reasonably practical the maximum level of confidentiality will be maintained.
Where the complainant and the alleged harasser or bully work in proximity to each other, it may be necessary to ensure they do not continue to do so, while the complaint is being investigated, and during any consequent disciplinary proceedings.
This may necessitate that both parties be suspended on full pay.
Where the evidence gathered in the investigation indicates to the Line Manager that a disciplinary offence has been committed, the Company’s disciplinary procedure will be instigated and a disciplinary hearing under that procedure will be arranged to deal with the alleged offence. In accordance with that procedure, the alleged harasser or bully will be provided with relevant evidence about the allegations against him or her and will be given a full opportunity to respond.
Where the investigation indicates that no disciplinary offence has been committed, the complainant and the alleged harasser will be informed in writing.
Following a Disciplinary Hearing the level of disciplinary sanction to be applied is the responsibility of management.
Any records made of any, complaints, interviews, meetings and action taken under this procedure will be retained by the Company and held in the strictest confidence.
Appeal
Where a complainant is dissatisfied with the outcome of an investigation into his or her complaint, he or she has the right of appeal to the Managing Director.
On receipt of an appeal, submitted in writing within 5 working days of the original decision, The Managing Director will convene a meeting to re-consider the employee’s complaint. The decision of this meeting will be final.
Conduct and Standards Policy
General Behaviour and Standards
This policy details the main standards of behaviour that you need to adhere to and details the behaviours that the Company would normally regard as gross misconduct. The standards of behaviour and the details of gross misconduct listed in this policy should not be considered exhaustive.
You are always under a duty to comply with the standards of behaviour required by the Company and to behave in a reasonable manner.
Absence
· comply with the rules relating to notification of absence set out in the Company's Absence Procedure.
· arrive at work promptly, ready to start work at your contracted starting time
· remain at work until your contracted finishing time
· obtain management authorisation if for any reason you wish to arrive later or leave earlier than your agreed normal start and finish times
· The Company reserves the right not to pay you in respect of working time lost because of poor timekeeping.
· May take disciplinary action in respect of persistent poor timekeeping.
Conduct
As an Employee of the Company, you have a responsibility to abide by the rules of the Company, and to maintain a level of behaviour that will promote the image of the Company in a favourable light. To this end you must:
· maintain satisfactory standards of performance at work
· comply with all reasonable management instructions
· co-operate fully with your colleagues and with management
· ensure the maintenance of acceptable standards of politeness
· take all necessary steps to safeguard the Company's public image and preserve positive relationships with all persons and organisations connected to the Company
· ensure that you behave in a way that does not constitute unlawful discrimination
· comply with the Company's Operating Policies and Procedures
Flexibility
You may be required to work additional hours at short notice, in accordance with the needs of the business. (See the Section below concerning Overtime)
You may be required to undertake duties outside your normal job remit and to work at locations other than your normal place of work. (See the Section below concerning Working Away from Home)
Confidentiality
You must keep confidential, except as required by law, both during your employment and at any time after its termination, all information gained in the course of your employment about the Company and that of all persons and organisations connected to the Company.
Conduct while representing the Company
As a rule, behaviour outside of normal working hours is a personal matter and does not directly concern the Company. However, there are some exceptions to this rule.
The Company will become involved when incidents occur:
· at office parties or other work-related social occasions or gatherings
· at social occasions or gatherings organised by a third party, where you have been invited in your capacity as an employee of Tubosider (UK) Limited.
· at work related conferences
· while working away on business on behalf of the Company
· While attending external training courses
On these occasions you are expected to behave in an appropriate and responsible manner, keeping in mind that you are representing the Company.
You are instructed specifically not to consume any alcohol at such events where you are driving.
Any employee whose conduct brings the Company into disrepute will be subject to the Company's disciplinary procedure. Such behaviour may be viewed as a gross misconduct offence and could render the employee liable to disciplinary action up to and including dismissal without notice
Outside activities and other employment
You are not permitted to engage in any activity outside your employment with the Company that could reasonably be interpreted as competing with the Company.
If you wish to carry out any private or additional work in your own time, whether on a Self-Employed basis or for another employer, while you are employed by Tubosider (UK) Limited you must discuss the matter in advance with your Line Manager and gain written authorisation from the Managing Director. Whilst we will not unreasonably forbid you from performing such work, we will need to ensure that you are not working in competition with us or performing work which the Company could reasonably have been expected to carry out.
If you are found to be working in competition with us or carrying out work which could have been performed by the Company, or carrying out your own private work during the Company’s time we will view this as Gross Misconduct and it could lead to your summary dismissal.
Carrying out any private work should not impact on your performance at work. If such work takes you over an average of 48 hours’ work a week (in total for both jobs) then you will be required to sign a 48 hour opt-out form
Health and Safety
It is your duty and responsibility to familiarise yourself with, and to comply with, the Company or any third party's health and safety policies and procedures. Breach of these rules may result in disciplinary action, up to and including the termination of your employment without notice for gross misconduct.
You must report all accidents, however minor, as soon as possible, making a comprehensive entry in the Company's Accident Book.
Dress and Appearance
When working for us, you are representing the Company, and as such clients, customers, members of the public and other persons will judge our Company on how you present yourself and how you behave.
It is, therefore, important that all our employees always take care with their personal hygiene and grooming, and wear clothes appropriate to your job role while at work.
Where items work-wear are provided, you must wear these at work, and they should be clean and tidy.
The personal appearance of employees makes an important contribution to the Company's reputation and image. All employees will be expected to comply with any management instructions concerning dress and appearance.
Telephones
The Company’s telephones are for business use only. Whilst we appreciate that you may wish to make or receive occasional personal calls, these must be kept to an absolute minimum and only when authorised. If we feel that the calls are excessive in quantity or length then we will charge you for the cost of the calls, by deducting the appropriate cost from your pay. Dependent upon the circumstances, you may also be subject to disciplinary action.
Personal mobile phone usage should be kept to a minimum during working hours. If you are working remotely, then your phone may be switched on to enable people to contact you in an emergency, but the use should be kept to a minimum. Under no circumstances should the use of any mobile phone, whether personal or Company owned, be allowed to compromise the safety of yourself or others.
Selling of Goods at Work
Selling goods at work is not permitted. Under no circumstances may you sell any item to any customer or client or sell any item which could be seen to be working in competition with us.
Collections at Work
Whilst we will not unreasonably object to small occasional collections for birthdays etc., you must first obtain permission from your Line Manager before arranging any collection to enable us to ensure that the nature of the collection and the number and frequency of collections does not become a burden to any employees. We will not normally allow clients or customers to be approached to add to any collection.
Property and Equipment
You are not permitted to make use of Company or a third party's fax, postal or other services for personal purposes.
You must not remove property or equipment from the Company or a third party's premises unless it is for use on authorised business or with the permission of management.
Damage to Company Property
Whilst we understand that accidents do happen, we expect that you should take all reasonable care with all Company, clients/customers, or any third party’s property.
If we suffer any loss or damage to any property, stock or equipment which is due to your failure to follow our rules or procedures, or your deliberate vandalism, or unreasonable carelessness or neglect, then we will deduct the cost of repair or replacement of the item from any salary/wage, holiday pay, sickness payment or any other monies owed to you by the Company.
If we suffer any loss, fine or cost due to your actions and failure to follow our rules, procedures or legal requirements, or your carelessness or neglect, then we will deduct the cost of the loss or fine from any money owed to you by the Company.
Where you damage property belonging to the Company either through misuse or carelessness, the Company reserves the right to make a deduction from your pay in respect of the damaged property.
On termination of your employment you must return all Company property, such as keys, laptops, mobile telephones, Company vehicles, documents or any other items belonging to the Company.
Personal Searches
The Company may reasonably request to search your clothing, personal baggage, personal storage areas or vehicles. An authorised person must conduct any such search in the presence of an independent witness. Should you refuse such a request, the Company will require the appropriate authorities to conduct the search on behalf of the Company. Failure to co-operate with the Company in this respect may be treated as gross misconduct.
Personal Property
We request that, for your own peace of mind, you do not bring any of your own unnecessary personal property with you during working hours. Any personal property that you do bring with you is your own responsibility and the Company will not accept any liability for any loss or damage that is caused to your personal property.
You are solely responsible for the safety of your personal possessions on Company premises and should ensure that your personal possessions are always kept in a safe place. If you find an item of lost property on the premises, you are required to inform management immediately.
Environment
In order to provide a cost-effective service, you are requested to use Company equipment, materials and services efficiently. You should try to reduce wastage and the subsequent impact on the environment by ensuring that you close windows, avoid using unnecessary lighting or heating or leaving taps running, switch off equipment when it is not in use and handle all materials with care.
All items of waste must be placed in the appropriate container for recycling, or disposal by other means.
Breach of this Policy
A breach of the Company's standards of behaviour is likely to result in disciplinary action being taken.
Gross Misconduct
Set out below are details of behaviour that the Company views as gross misconduct, which is likely to result in dismissal without notice. This list is not exhaustive.
Such behaviour includes:
· theft, dishonesty or fraud
· deliberate recording of incorrect working hours
· unauthorised absence
· smoking on Company or a third party remises or in a vehicle belonging to the Company
· sleeping during working hours
· assault, acts of violence or aggression
· bullying
· unacceptable use of obscene or abusive language
· possession or use of or, being under the influence of non-medicinal drugs or alcohol on Company premises or during working hours
· wilful damage to Company, employee, or third-party property
· serious insubordination
· serious or gross negligence
· bringing the Company into disrepute
· falsification of records or other Company documents, including those relating to obtaining employment
· unlawful discrimination, including acts of indecency or harassment
· refusal to carry out reasonable management instructions
· gambling, bribery, or corruption
· serious breach of health and safety policies and procedures
· breach of confidentiality, including the unauthorised disclosure of Company information to the media or any other party
· unauthorised accessing or use of computer data
· unauthorised copying of computer software
Data Protection Policy
This policy details your rights and obligations in relation to your personal data and the personal data of third parties that you may meet during your employment.
If you have access to the personal data of employees or of third parties, you must comply with this Policy. Failure to comply with the Policy and procedures may result in disciplinary action up to and including dismissal without notice.
Personal Data means data held either on a computer or in a paper-based filing system which relates to a living individual who can be identified from that data.
The Data Protection Act 1998 prescribes the way in which the Company may collect, retain and handle personal data. The Company will comply with the requirements of the Data Protection Act and all employees and contractors who handle personal data in the course of their work must also comply with it.
The Data Protection Act requires that eight data protection principles be followed in the handling of personal data. These are that personal data must:
· Be fairly and lawfully processed.
· Be processed for limited purposes and not in any manner incompatible with those purposes.
· Be adequate, relevant, and not excessive.
· Be accurate.
· Not be kept for longer than is necessary.
· Be processed in accordance with individuals' rights.
· Be secure and not be transferred to other countries without adequate protection.
Your Responsibilities
If you access another employee's records without authority, or if you mistreat or fail to store customer’s information securely and in accordance with company procedures, this will be treated as gross misconduct and could also be a criminal offence.
We need to maintain information about individuals in order to deliver our services. The purpose of this policy is to ensure that information received by the Company and its employees is processed in compliance with the data protection principles set out in the Data Protection Act.
All employees are responsible for compliance with this policy and ensuring that personal information maintained by us is not disclosed orally or in writing or accidentally or otherwise to any unauthorised third party. Any deliberate breach of this policy by any employee may lead to disciplinary action being taken against them.
This Policy shall set out procedures which are to be followed when dealing with personal data. The procedures set out herein must be followed by the Company, its employees, contractors, agents, consultants, partners, or other parties working on behalf of the Company.
The Company views the correct and lawful handling of personal data as key to its success and dealings with third parties and its employees. The Company shall ensure that it handles all personal data correctly and lawfully.
Retention of Data
The Company may retain your personal data for the following reasons:
· Personal data relating to employees may be collected by the Company for the purposes of
· recruitment, promotion, training, redeployment and/or career development, such as references, CVs, and appraisal documents
· administration and payment of wages, such as emergency contact details and bank/building society details
· calculation of certain benefits including pensions
· disciplinary or grievance issues
· performance management purposes and performance review
· recording of communication with employees and their representatives
· compliance with legislation
· provision of references to financial institutions, to facilitate entry onto educational courses and/or to assist future potential employers
· staffing levels and career planning
Sensitivity Data
The Company will process sensitive data primarily where it is necessary to enable the Company to meet its legal obligations and, to ensure adherence to Health and Safety legislation or the protection of vulnerable groups, or for equal opportunities monitoring purposes. In most cases, the Company will not process sensitive personal data without your consent.
Sensitive personal data includes information relating to the following matters:
· your racial or ethnic origin
· your political opinions
· your religious or similar beliefs
· your trade union membership
· your physical or mental health or condition
· your sex life, or
· the commission or alleged commission of any offence by you
Review
The Company will review personal data regularly to ensure that it is accurate, relevant and up to date.
· To ensure the Company's files are accurate and up to date, and so that the Company is able to contact you or, in the case of an emergency, another designated person, you must notify the Company as soon as possible of any change in your personal details (e.g., change of name, address, telephone number, loss of driving licence where relevant, next of kin details, etc).
· The Company will ensure that personal data is not processed unlawfully, lost or damaged.
Loss of Personal Data
If you have access to, or control of, personal data during your employment, you must also ensure that:
· All personal data is protected either, in the event of computer data, by a secure password, or in the event of printed matter, in a securely locked cabinet.
· If you believe you have lost any personal data in the course of your employment you must report it to your manager immediately.
· Failure to do so may result in disciplinary action up to and including dismissal without notice
Access
The Data Protection Act gives you the right to access the personal data held about you by the Company.
The Company will arrange for you to see or hear all personal data held about you within 40 days of receipt of a written request and subject to a £15.00 administration fee.
Alcohol & Drugs Policy
This Policy sets out the Company’s position on drug or alcohol misuse in the workplace. Following consultation with the Company’s Health and Safety Advisor, the intention is to protect the Health & Safety of workers and comply with the relevant legislation. It has the full support of the Company’s senior management. A regular review of the operation and effectiveness will ensure the procedure meets the needs of the Company and relevant legislation. The policy is for the guidance of management and employees. Breaches of this policy may result in disciplinary action up to and including dismissal without notice.
There is clear link between misuse of alcohol and drugs and reduced safety and efficiency, and this policy is designed:
· to set out the Company's rules on drugs, alcohol, and substance abuse.
· to ensure that employees' use of drugs or alcohol does not affect the efficient and effective operation of the Company's business.
· to ensure that employees’ use of drugs or alcohol does not affect the health and safety of the individuals themselves, their fellow workers, or others with whom they come into contact in the course of their work.
· to provide a procedure whereby employees who have a problem of drug or alcohol misuse or substance abuse can seek and be offered help in confidence.
· to provide guidance on the effects of drugs and alcohol and the symptoms of drug and alcohol misuse and substance abuse.
This policy applies to all its employees and to everyone employed at its premises, including any contractors working on the premises.
The Rules About Alcohol and Drugs at Work
The Company’s policy is that the working environment should be free from the influence of drugs or alcohol. This will help to ensure:
· the health and safety of its employees and others with whom they come into contact.
· the efficient and effective operation of the business.
· our customers receive from us the service they require.
For those reasons, the following rules will be strictly enforced:
· No employee or contractor shall report or try to report for work when unfit* due to:
· Alcohol
· drugs (whether illegal, prescription, or herbal***)
· substance abuse.
· be in possession of alcohol or illegal drugs** in the workplace.
· consume alcohol or illegal drugs or abuse any substance whilst at work.
You are also expected to comply with any third-party site rules, policies, and procedures.
Measure of Fitness
Definitions
* Whether an employee is fit for work is a matter for the reasonable opinion of management.
** Illegal drugs include but are not limited to heroin, cannabis/marijuana, cocaine, ecstasy, and amphetamines.
*** If an employee is taking prescription drugs, or herbal remedies, known to affect concentration and/or cause drowsiness, then it is the responsibility of the employee to notify management, who may require the employee to provide medical evidence that they can still perform their normal duties in a safe manner.
Contravention
Contravention of these rules is a very serious matter, and the Company will take disciplinary action, which may well include dismissal, in the event of infringement.
Colleagues
Employees who are concerned that a colleague is exhibiting symptoms of an alcohol or drug-related problem should notify their manager immediately, in strictest confidence.
Employees making false accusations in bad faith will be subject to appropriate disciplinary action, which could include dismissal.
Legal Issues
All Employees must be aware that the possession of, or dealing in, Class A, Class B or Class C drugs is illegal, and the Company will report any instances of this nature, they find on Company premises, to the police or other relevant authority.
Implementation
This Company regards this type of offence as gross misconduct, under the Company’s Disciplinary Procedures which under normal circumstances would lead to instant dismissal.
The Company will take all reasonable steps to prevent employees, agency workers and contractors carrying out work-related activities, if they are considered unfit or unsafe to undertake the work as a result of drug or alcohol consumption.
· If the Company suspects an employee is under the influence of alcohol or drugs during working hours or on Company premises, the employee will be immediately removed from the working environment to a place of safety, to allow the Company to fully investigate the circumstances.
· If the employee refuses or fails to co-operate with the investigation the Company reserves the right to send the employee home immediately, the employee will not be paid for the day, and the Company’s Disciplinary Procedure will be initiated.
· The investigation will be carried out to determine the facts and to:
· identify, if possible, the level of intoxication or drug use,
· identify any evidence that the employee has a health-related problem,
· identify whether the employee has a medical problem or addiction
· If the investigation identifies a health related or addiction problem, the employee will be asked if they are willing to self-refer to their own doctor for treatment.
· Employees who decline to, self-refer, undergo treatment, or who discontinue treatment before its satisfactory completion, will be subject to the normal disciplinary procedure.
Help available
To avoid any problems for either the Employee or the Company early identification and treatment is essential.
Any employee who seeks the assistance of the Company in finding treatment for a drugs or alcohol problem has the Company's complete assurance of confidentiality.
Employees who feel they have a problem are encouraged to come forward and seek assistance.
The Company will endeavour to ensure that advice and specialist help are available to any employee who feels they have a problem with alcohol or drug misuse.
Employees who wish to seek help and advice should contact the Management Accountant or their immediate manager who will arrange for the employee to have a counselling meeting where the Company:
· will explain the options available to the employee, and an agreed course of treatment or rehabilitation.
· agree that reasonable absence for treatment is treated as normal sickness
· agree that for any period of absence from work for agreed treatment, the Company's normal sick pay arrangements will apply.
If the employee does not follow the agreed or recommended course of treatment, or the treatment is ineffective, the Company will treat any lapses in the employee's performance, conduct or attendance, in accordance with the Company's normal disciplinary or sickness absence procedures as appropriate. This includes any matter arising prior to the disciplinary procedure being suspended.
Action by Managers
Managers and supervisors should keep accurate records of instances of poor performance or other problems, which could relate to drugs or alcohol misuse.
Where a manager or supervisor suspects an employee may have a problem with alcohol or drugs, which is affecting his or her work performance, as opposed to suspecting the employee of being guilty of a single instance of drug - or alcohol - related misconduct (which comes under the disciplinary procedure). The Manager will:
· initially hold an informal counselling discussion with the employee to ascertain whether the employee's poor performance is alcohol, drug, or health related.
· offer the Company's assistance
If the employee does not accept this offer of assistance, the manager will:
· advise the employee to discuss the matter with a colleague or a family member or their own doctor.
If the employee accepts the offer, the Company will arrange a counselling meeting as detailed above.
If the employee fails to accept the offer of assistance, his or her performance, conduct or attendance will be subject to the Company’s normal disciplinary or sickness absence procedure as appropriate.
Testing for alcohol
Only qualified and competent personnel, who will use accepted and reliable methods, will carry out alcohol and drugs testing.
· The Company will ensure that the tests performed with the least possible intrusion into the employee’s privacy.
· The Company will put in place all possible measures to ensure confidentiality of the test and test results, and checks will take place to avoid any false results.
· Where management has reason to believe that an employee is under the influence of alcohol at work, the employee will be suspended immediately from duty (with pay) and instructed to wait in a private area.
· His or her manager will explain to the employee the nature of the test for alcohol and the possible consequences for the employee’s employment if the test is positive.
· The employee must sign a “Breathalyser Test Consent Form”.
· The employee’s manager will arrange for a Breathalyser test to be completed.
· Refusal to sign a “Breathalyser Test Consent Form” or to supply a sample of breath for testing constitutes a disciplinary offence, which may lead to dismissal.
· If the test is positive (i.e. an alcohol concentration in breath over 35 micrograms per 100millilitres), the test will be repeated.
· If the second test is positive, the employee is suspended and sent home on full pay pending a disciplinary hearing, which may lead to dismissal.
· If the test result shows a breath alcohol content below 35 micrograms per 100millilitres but above zero, the Company may allow the employee to return to suitable work.
· Company will consider which work is suitable bearing in mind the apparent intoxication of the employee.
· If no suitable work is available, the worker will go home on full pay.
Depending on the circumstances, The Company reserves the right to apply the Company’s Disciplinary Procedure.
Testing for Drugs
Where management has reason to believe that an employee is under the influence or unfit because of drugs at work:
· the employee will be suspended immediately from duty (with pay) and required to wait in a private area.
· His or her manager will explain to the employee the nature of the drugs test and the possible consequences for the employee’s employment if the test is positive.
· The employee must agree to sign a “Drugs Test Consent Form”.
· The Employee will attend the Company Doctor who will arrange the drug test as soon as practicable.
· Refusal to sign a “Drugs Test Consent Form” or attend the Company Doctor for testing constitutes a disciplinary offence, which may lead to dismissal.
· The Company will suspend the employee on full pay until the receipt of the test results.
· If the test is positive for any illegal drug, the Company will take disciplinary action against the employee. Such action may lead to dismissal.
Communications Policy
This policy sets out rules relating to the use of the Company’s computer, telephone and facsimile facilities, including Company laptops and mobile telephones. It applies to all users of the Company’s telecommunications systems, whatever their employment status. The Company takes a serious view of any breach of this policy. Disciplinary action will be taken, which could include summary dismissal, against anyone in breach of the Company’s rules. If you are unclear about the effect or meaning of any part of this policy, you should seek clarification from your line Manager. This policy is subject to review from time to time, and any changes will be notified on the Company Notice boards.
Purpose
The purpose of this policy is:
· to ensure that computer and telephone resources are used properly,
· to set out rules on the personal use of computer and telephone resources,
· to inform employees of the way in which communications may be monitored.
Personal use of Company telephones
You may make reasonable limited use of landline, and Company mobile telephones to make personal calls.
Employees who abuse this Policy will be subject to disciplinary action for misconduct, which could eventually lead to dismissal.
Use of personal mobile phone during working hours
The Company has an established procedure for getting personal messages to employees in an emergency.
The existence of this procedures means that there is no real need for employees to use their personal mobile telephones during working hours.
The use of personal mobile telephone must be restricted to break times and in all cases must be kept to an absolute minimum.
Employees should ensure that their family and friends who may need to contact them in emergencies are aware of the Company Telephone number:
01744 452900
Use of Company Computer(s)
This policy covers the use of all computers, whether desk-top or lap-top, which are linked, directly (using the Company LAN) or indirectly (via the internet) to the Company’s server. It also covers the use of smart phones which are configured to retrieve Company e-mails indirectly (via the internet).
Any computer which is connected to the internet is at risk of being infected by a computer virus. If this computer is then linked to the Company server there is a risk of transferring the virus which could pose a serious risk to the Company.
Company has installed anti-virus software, but this does not guard against all viruses which are repeatedly being developed and modified. It is therefore imperative that high quality anti-virus software is installed on all external devices, that have access to the Company server.
Personal Passwords
The system requires all users to have a personal password this should be changes on a regular basis and not disclosed to anyone else.
You should not use another person’s password or workstation to access the main computer system.
Computer Virus
The introduction of viruses into the Company’s computer system is potentially devastating. Although the Company has installed anti-virus software, this does not guard against all viruses.
Users should be aware that viruses can be introduced via email attachments, CD rom, floppy disks, memory sticks and the Internet.
Using the Internet.
The internet can be a useful tool in gathering information.
Employees should be aware that not ALL the information on the internet comes from reliable sources, and care should be taken with how any information taken from the internet is used.
Information gained from internet searches should NOT be place on the Company Web Site or passed to our Customers and Suppliers without the specific authorisation of the Managing Director.
Mis-using the Internet
Misuse of the Internet can introduce viruses into the network, infringe copyright laws and result in the harassment or defamation of others.
For these reasons, the Company imposes strict limits on business and personal use of the Internet.
· You should not copy or downloaded anything from the Internet for use within the Company unless the material owner has given their express permission in writing.
Company Emails
Although often seen, by most, as an informal method of communication, the use of a Company email address should be likened to writing a letter on Company notepaper.
Careless use of the Company’s email system can have serious consequences:
· For example, it is possible to create a legally binding contract by the exchange of emails, and for this reason, e-mail must not be used for communications that could lead to a binding contract being formed or which would have the effect of obligating the Company in any way without prior authorisation/approval being given from a Director.
· It is very easy to send an email to the wrong person, to send confidential information to the wrong people. You should be very careful to ensure that the emails you send have the correct address.
· Email attachments may contain computer viruses or malicious software. It is the user’s responsibility to take care when opening email attachments especially when they are not expected, or they are from unknown sources. If in any doubt, please contact the IT Manager who will check whether it is safe to open the attachment.
· You should be aware that email is not a secure way of sending information. Third parties can intercept emails, can alter the content, and forward the emails. This can be done without your knowledge or consent.
· When sending emails, internally or externally, you should exercise the same care as if you were sending a letter on Company notepaper.
· You should never open attachments ending with a ‘.exe’ extension, without first obtaining clearance from the IT Manager.
· You must not send, forward, distribute or retain email messages that contain language that is abusive, aggressive, or offensive.
· You must not make any improper or discriminatory reference to a person’s race, colour, religion, sex, age, national origin, sexual orientation, disabilities or physique when writing e-mails and must not forward or distribute any material, which do.
· If you receive any such messages, you must immediately contact your manager who will tell you what you should do.
· The effective operation of the network can be hindered when large attachments, such as video clips or pictures, junk mail, hoax virus warnings and e-chain letters are sent and received.
· You must not send and should ask others not to send such information to you for non-business purposes other than standard text, short messages.
Installations or Downloads
· You should not install any software that has not been approved or purchased by the Company.
· You should not download any material, including games and screen savers from the Internet, CD rom, memory sticks or floppy disks without, clearance from or the approval of, the IT Manager.
Personal use of Company computers
In accordance with this Policy, the Company’s computers, including laptops, are to be used solely for business purposes, subject to the following exceptions.
· You may make reasonable/limited use of the Company’s computer system for sending emails from your personal account, outside of your normal working hours or during your lunch.
· You may use the Internet for reasonable/limited personal use outside your normal working hours or during your lunch break.
· The Company reserves the right to withdraw permission for personal use in individual cases without giving reasons.
· You must not under any circumstances access inappropriate or offensive websites, or distribute or obtain similar material through the Internet, or e-mail when using Company equipment, even if you are doing so in your own time.
· Examples of inappropriate or offensive material include racist material, pornography, sexually explicit images, text and related material, the promotion of illegal activity or intolerance of others, gambling sites/chat rooms.
· You should remember that although one person does not find certain material offensive, another might.
· The Company has the final decision as to whether it considers material to be inappropriate under this policy.
· Any user who is unsure whether material, would be considered inappropriate by the Company should seek clarification from their manager before accessing or distributing such material.
· If you are in any doubt as to whether the Company would consider certain material inappropriate, do not access or distribute it.
· If you receive material, which, contains or you suspect contains, inappropriate material or you access such material on the Internet inadvertently you must immediately report this to the IT Manager who will tell you what to do.
· You must not under any circumstances forward, show to anyone else or otherwise distribute the material.
Monitoring communications
The Company logs and audits the use of Company telephones - including Company mobile telephones; and computers - including e-mails, Internet access, and any other computer activity.
All calls from extensions and from Company mobiles are logged and regularly audited.
Auditing software has also been installed which will monitor e-mails being sent and received and any Internet sites visited.
The Company keeps back-up tapes that record all computer usage.
With good cause, the Company may monitor and record the contents of telephone calls, voice mail messages, computer files and Internet use and e-mails sent, received, and stored.
Given this, you should not regard either business or personal communications on the Company’s facilities as private
The purposes of such logging, auditing, monitoring, and recording are to:
· ensure the effective operation of the Company’s telecommunications systems and to maintain system security.
· investigate and detect unauthorised use of the systems in breach of Company policies, such as excessive personal use or distribution of inappropriate material.
· monitor standards of performance.
· check whether matters need to be dealt with in your absence.
· investigate allegations of misconduct, breach of contract, a criminal offence or fraud by the user or a third party.
· pursue any other legitimate reason relating to the operation of the business.
Anti-Bribery and Corruption Policy
It is the Company's policy to conduct all our business in an honest and ethical manner.
The Company will not tolerate any acts of bribery and corruption and the Company is committed to acting professionally, and ethically in all our business dealings and relationships, wherever we operate, and we are committed to implementing and enforcing effective systems to counter bribery.
The purpose of this policy is to ensure that employees are aware of their duties within the Company.
· To report and help to prevent any acts of bribery across the organisation
· To acknowledge the Company's responsibilities, and the responsibilities of those working for us, in observing and upholding our position on bribery and corruption
On its part the Company:
· will provide information and guidance to those working for us on how to recognise and deal with bribery and corruption issues.
This policy applies to all individuals working at all levels and grades, including:
· Directors
· Senior Managers
· Officers
· Employees (whether permanent, fixed term or temporary),
· Consultants
· Contractors
· Trainees
· Seconded Staff
· Home-workers
· Casual workers
· Agency Staff
· Volunteers
· Interns
· Agents
· Sponsors
· or any other person associated with us, or any of our subsidiaries or their employees, wherever located (collectively referred to as "workers" in this policy). Definitions
Bribery
A bribe is an inducement or reward offered, promised, or provided in order to gain a commercial, contractual, regulatory, or personal advantage.
The Bribery Act 2010 contains two general offences covering the offering, promising, or giving of a bribe ("active" bribery) and the requesting, agreeing to receive or accepting of a bribe ("passive" bribery). The Act also introduces a new form of corporate liability for failing to prevent bribery on behalf of a commercial organisation.
An individual who is found to have committed an offence of bribery can be imprisoned for a term of up to ten years, and the Company could face an unlimited fine for any bribery related offences committed by that person if it can be shown that they are associated with the Company. The implications for the Company are very serious we would be excluded from tendering for public contracts and could suffer inevitable damage to our reputation. We therefore take our responsibilities in this regard very seriously.
As a result, all employees and workers are required to comply with the procedures that the Company has put in place to prevent persons associated with us from committing acts of bribery and corruption.
Third Party
In this policy, any references to "third parties", means any individual or organisation you come into contact with during the course of your work, and includes actual and potential clients, customers, suppliers, distributors, business contacts, agents, advisers, and government and public bodies, including their advisors, representatives and officials, politicians and political parties.
Hospitality and Corporate Gifts
This policy does not prohibit normal and appropriate hospitality (given and received) to or from third parties. Hospitality and promotional, or other business expenditure which seeks to improve the image of the Company, or to establish cordial relations with our clients, suppliers and business partners, is recognised as an accepted and important part of doing business.
Subject to prior authorisation by the Managing Director, the Company may allow reasonable and proportionate hospitality and promotional or other similar business expenditure intended for these purposes. However, offers or receipts of hospitality and other similar business expenditure can be regarded, by others, as a form of bribery. It is therefore essential that any such corporate gifts and receipts of this nature are reported to the Managing Director and duly authorised.
The giving or receipt of gifts is not prohibited, if the following requirements are met:
· it is not made with the intention of influencing a third party to obtain or retain business or a business advantage, or to reward the provision or retention of business or a business advantage, or in explicit or implicit exchange for favours or benefits;
· it complies with local law.
· it is given in the Company's name, not in your name.
· it does not include cash or a cash equivalent (such as gift certificates or vouchers).
· it is appropriate in the circumstances, for example, it is often customary for small gifts to be given at Christmas time.
· it is given openly, not secretly.
Gifts should not be offered to, or accepted from, government officials or their representatives, or politicians or political parties, without the prior approval of the Managing Director.
In all circumstances, the test to be applied is whether, the gift or hospitality is reasonable and justifiable.
It is not acceptable for you (or someone on your behalf) to:
· give, promise to give, or offer, a payment, gift or hospitality with the expectation or hope that a business advantage will be received, or to reward a business advantage already given.
· give, promise to give, or offer, a payment, gift or hospitality to a government official, agent or representative to "facilitate" or expedite a routine procedure.
· accept payment from a third party that you know, or suspect is offered with the expectation that it will obtain a business advantage for them.
· accept a gift or hospitality from a third party if you know or suspect that it is offered or provided with an expectation that a business advantage will be provided by the Company in return.
· threaten or retaliate against another worker who has refused to commit a bribery offence or who has raised concerns under this policy; or
· engage in any activity that might lead to a breach of this policy.
Records
· You must declare and keep a written record of all hospitality or gifts accepted or offered, which will be subject to managerial review.
· You must ensure all expenses claims relating to hospitality, gifts or expenses incurred to third parties are submitted in accordance with our expenses policy and specifically record the reason for the expenditure.
Facilitation Payments
We do not make, and will not accept, facilitation payments or "kickbacks" of any kind.
· Facilitation payments are typically small, unofficial payments made to secure or expedite a routine government action by a government official.
· If you are asked to make a payment on the Company's behalf, you should always be mindful of what the payment is for and whether the amount requested is proportionate to the goods or services provided.
· You should always ask for a receipt which details the reason for the payment.
· If you have any suspicions, concerns, or queries regarding a payment, you should raise these with the Managing Director.
· Kickbacks are typically payments made in return for a business favour or advantage.
· All workers must avoid any activity that might lead to, or suggest, that a facilitation payment or kickback will be made or accepted by us.
Accounts
All accounts, invoices, memoranda and other documents and records relating to dealings with third parties, such as clients, suppliers, and business contacts, should be prepared and maintained with strict accuracy and completeness. You must ensure that you read, understand, and comply with this policy.
Prevention
The prevention, detection and reporting of bribery and other forms of corruption are the responsibility of all those working for us or under our control.
All workers are required to avoid any activity that might lead to, or suggest, a breach of this policy.
You must notify the Managing Director as soon as possible if you believe or suspect that a conflict with this policy has occurred or may occur in the future.
· For example, if a third party, client or potential client offers you something to gain a business advantage with the Company or indicates to you that a gift or payment is required to secure their business.
Breaches
Any employee who breaches this policy will face disciplinary action, which could result in the employee's dismissal for gross misconduct.
Disclosure
You are encouraged to raise concerns about any issue or suspicion at the earliest possible stage. If you are unsure whether a particular act constitutes bribery or corruption, or if you have any other queries, these should be raised with the Managing Director. Concerns should be reported by following the procedure set out in the Company Public Interests and Disclosure Policy (Section 14).
It is important that you notify the Managing Director as soon as possible if you are:
· offered a bribe by a third party
· are asked to make one
· suspect that this may happen in the future,
· believe that you are a victim of another form of unlawful activity.
Workers who refuse to accept or offer a bribe, or those who raise concerns or report another's wrongdoing, are sometimes worried about possible repercussions. We aim to encourage openness and will support anyone who raises genuine concerns in good faith under this policy.
The Company is committed to ensuring that no one suffers any detrimental treatment as a result of raising any concerns under this policy.
If you believe that you have suffered any such treatment, you should inform your Manager immediately.
If the matter is not remedied, and you are an employee, you should raise it formally using our Grievance Procedure, which can be found elsewhere in this Handbook.
Training and Communication
Training on this policy forms part of the induction process for all new workers.
All existing workers will receive regular, relevant training on how to implement and adhere to this policy.
Our zero-tolerance approach to bribery and corruption must be communicated to all suppliers, contractors, and business partners at the outset of our business relationship with them and as appropriate thereafter.
Responsibilities
The Managing Director has overall responsibility for ensuring this policy complies with our legal and ethical obligations, and that all those under our control comply with it.
The Managing Director will have primary and day-to-day responsibility for implementing this policy and for monitoring its use and effectiveness and dealing with any queries on its interpretation. Management at all levels are responsible for ensuring those reporting to them are made aware of and understand this policy and are given adequate and regular training
Family Friendly Policies
These policies set out the legislative requirements for the time off work you are entitled to take to cover emergencies that occur with your dependants the detail of which are found in the Employment Rights Act 1996.
Included in this section are:
· Time of for Dependants.
· Maternity Leave and Payments
· Paternity Leave and Payments,
· Adoption Leave and Payments,
· Parental Leave including Joint Parental Leave and the Payments,
· Flexible Working.
These Policies are your entitlements under the Employment Rights Act 1996 and are not intended to create contractual rights.
These policies apply to all employees, regardless sex or length of service.
Time Off for Dependants
(Please see ‘Application Procedure for Other Absences’ in Section 2 of this document)
All employees are entitled to request a reasonable amount of unpaid time off work to deal with an emergency involving a dependant.
Definitions
A ‘Dependant’ is generally your spouse or partner, a child or a parent. With some exceptions, a person who lives in the same household as you may also be considered, by the Company, as a dependant.
Amount of time off that can be taken
You are entitled to take a reasonable amount of time off during working hours to take any action, which is necessary to deal with the emergency. What is reasonable will depend on the circumstances of the emergency.
Refusing a request for time off
It is not the Company’s intention to refuse a request for time off for dependants.
Notification requirements
You must advise your Line Manager immediately that you need time off, the circumstances and the likely duration.
Time Off for Parental Leave
(Please note the procedure for booking time off in Section 2 of this document)
If you have at least twelve months service with us and you wish to exercise your right to take parental leave, please speak to your Line Manager who may agree the time off at a time agreeable to both you and the Company. Parental Leave is unpaid leave.
Time Off for Maternity
(Please note the procedure for booking time off in Section 2 of this document)
If you become pregnant, we recommend that you speak to your Line Manager in confidence as soon as you are aware of your condition.
Your safety and that of your unborn child are important to us and we would want to look at any adjustments we may need to make to your work or working conditions to help ensure that you are both kept safe.
Time Off When Adopting a Child
(Please note the procedure for booking time off in Section 2 of this document)
If you are adopting a child, you may be entitled to time away from work on adoption leave and may qualify for Statutory Adoption Pay.
Time Off for Paternity Leave
(Please note the procedure for booking time off in Section 2 of this document)
If your partner is pregnant or you are both adopting a child, you may be entitled to take time away from work which, dependent upon your circumstances, may command Statutory Paternity Pay.
Shared Parental Leave
(Please note the procedure for booking time off in Section 2 of this document)
Should you wish to exercise your right to Shared Parental Leave, speak to your Line Manager who will check your eligibility and agree the time off under ther rules for Shared Parental Leave.
Maternity and Adoption Leave Policy
(Please note the procedure for booking time off in Section 2 of this document)
This policy outlines your statutory rights and responsibilities when you are pregnant, give birth, or adopt a child, you may be entitled by law to Statutory Maternity Leave, Statutory Maternity Pay, and paid leave to cover antenatal care. You may also be entitled to Shared Parental Leave.
If you are Pregnant
Under the Management of Health & Safety at Work (Amendment) Regulations 1994 you are required to inform the Company if you believe you are pregnant.
The Company will carry out a risk assessment, to ascertain if your health, or that of your unborn child is at risk, and to consider what measures are to be taken to avoid such risk.
Time off for antenatal care
If you are pregnant, you have the right to take reasonable time off work, with pay, during your working hours to receive antenatal care, regardless of your length of service.
Different types of leave available
Maternity Leave
If you are pregnant or you have recently given birth, you are entitled to Maternity Leave.
Adoption Leave
If you adopt a child, either you or your partner will be entitled to Adoption Leave.
Adoption leave can be taken by either partner adopting a child jointly, regardless of your gender.
To obtain the benefit of these rights, you must comply with the qualifying conditions that are shown in procedure, detailed in Section 2 of this document.
Compulsory Maternity Leave
When you give birth, you are legally compelled to take a minimum of two weeks' Maternity Leave immediately after giving birth. For health and safety reasons, new mothers who work in a factory have a longer minimum period of four weeks.
Returning to work after Maternity or Adoption Leave
You do not need to give notice of your return to work if you simply return at the end of your Maternity or Adoption Leave period.
If you wish to return to work before the full entitlement of your Maternity or Adoption Leave has ended, or change your mind about the intended date of return to work, you must give the Company a minimum of eight weeks' notice of the intended date of your return.
Holiday entitlement and Maternity or Adoption Leave
Annual holiday entitlement will continue to accrue during the whole of your Maternity or Adoption Leave.
Contact during Maternity or Adoption Leave
The Company may make reasonable contact with you during your Maternity or Adoption Leave.
In addition, you may attend work during your Maternity or Adoption Leave, for a limited period, without affecting your Maternity or Adoption Leave.
These days are referred to as Keeping in Touch days.
Keeping in Touch (KIT) days
During your Maternity or Adoption Leave, you may work up to 10 days for the Company, during your Leave, without losing your right to your Maternity or Adoption Leave pay.
Parental Leave Policy
(Please note the procedure for booking time off in Section 2 of this document)
The Company recognises that working parents may need to take additional unpaid leave from work to care for their children. You also have the right to accompany a pregnant woman to antenatal appointments.
This policy outlines the qualifying conditions to request Parental Leave. It also sets out how and when the leave can be taken and provides information on your contractual rights and your right to return to work following Parental Leave.
If you meet the qualifying conditions set out below, you are entitled to take the relevant Statutory Parental Leave for each child. The Company will consider all requests for Parental Leave however, you must be aware that the needs of the business will take priority over Parental Leave.
As a Parent the different type of Paternity Leave you may take include:
· Ordinary Paternity Leave
· Additional Paternity Leave
Qualifying conditions
To qualify for Parental Leave, you must have been employed by the Company for a continuous period of one year or more. You must also have responsibility for the child, and you must be one of the following:
· the biological mother or father of the child
· the child's adoptive parent (male or female)
· have legal responsibility for the child, such as the child's legal guardian
· You must confirm that the requested leave is intended for the purpose of spending time with or caring for the child.
Taking Parental Leave
If you meet the qualifying conditions, as detailed in the procedure in Section 2 of this document, you are entitled to take Parental Leave
Different types of Paternity Leave available
If you meet the qualifying criteria detailed in the relevant part of Section 2 to this document, you WILL be entitled to Ordinary Paternity Leave (OPL) and MAY be entitled to Additional Paternity Leave (APL).
Ordinary Paternity Leave
If you meet the qualifying criteria detailed in the relevant part of Section 2 to this document, you may be entitled to two weeks Ordinary Paternity Leave (OPL)
Additional Paternity Leave
If you meet the qualifying criteria detailed in the relevant part of Section 2 to this document, you are entitled to 26 weeks' Additional Paternity Leave in order to care for the new baby or a newly adopted child who is under 18 years of age.
Contractual benefits during your Paternity Leave
You are entitled to enjoy your normal terms and conditions of employment, except for pay, whilst on Paternity Leave. You are also entitled to return to the same job following your leave.
The Company’s right to postpone Parental Leave
The Company has the right to postpone your Parental Leave for up to six months if the timing of your absence will unduly disrupt the business.
Returning to work after Parental Leave
You are normally entitled to return to work following Parental Leave to the same position you held before commencing your leave.
Your terms of employment will remain unchanged upon your return from a period of Parental Leave.
Contact during Paternity Leave
The Company may make reasonable contact with you during your Paternity Leave. In addition, you may attend work during your APL, for a limited period, without affecting your Paternity Leave and paternity pay. These days are referred to as Keeping in Touch days.
Keeping in Touch days
You may work up to 10 days for the Company, during your Paternity Leave, without losing your right to your paternity pay. Any days worked will be paid at your normal rate of pay, and any SPP or ASPP will be taken as being included in your normal rate and NOT paid as an extra in these circumstances.
Neither you nor the Company are under any obligation to agree to work or provide work for Keeping in Touch days.
Requesting Ordinary or Additional Paternity Leave
If you wish to take APL, you must give the Company a minimum of eight weeks' notice prior to the intended start date of your leave.
Breach of this policy
If you take a period of Parental Leave under this policy for any purpose other than to spend time with or otherwise care for your child, you may be subject to disciplinary action, up to and including dismissal.
Paternity Pay Policy
(Please note the procedure for booking time off in Section 2 of this document)
Ordinary Statutory Paternity Pay
If you meet the qualifying criteria detailed in the relevant part of Section 2 to this document, you are entitled to be paid during their OPL, following the birth or placement of their child in order to care for the child or support its mother or adoptive parent.
Additional Statutory Paternity Pay
If you are eligible for APL you may also be entitled to be paid Additional Statutory Paternity Pay (ASPP).
If the Company provides you with an enhanced contractual right to Paternity Leave or Paternity Pay you should clearly understand, that when payment of contractual paternity pay is made this is inclusive of any SPP or ASPP entitlement i.e. you are not entitled to both.
Shared Parental Leave Policy
(Please note the procedure for booking time off in Section 2 of this document)
This policy outlines the statutory right to take Shared Parental Leave (SPL) to care for a child due to be born, or a child that has been placed for adoption with you.
SPL gives employees with caring responsibilities for babies or newly adopted children the opportunity to share up to 52 weeks' leave.
Qualifying for Shared Parental Leave
If you meet the qualifying criteria detailed in the relevant part of Section 2 to this document, you may be entitled.
Amount and timing of Shared Parental Leave
SPL must be taken in weekly blocks and within 12 months, beginning with the date of the baby's birth or the child's placement for adoption.
Benefits during Shared Parental Leave
During SPL, you are entitled to receive all your normal contractual benefits, including annual holiday entitlement, except for your normal pay.
Holiday entitlement and Shared Parental Leave
Annual holiday entitlement will continue to accrue during the whole of your SPL. You must discuss and agree with the Company, in advance, when your accrued holiday entitlement can be taken.
Contact during Shared Parental Leave
The Company may make reasonable contact with you during your SPL.
In addition, you may work for up to 20 days without bringing the SPL to an end but work during SPL will not have the effect of extending your SPL period. These days are referred to as Shared Parental Leave In Touch (SPLIT) days.
Returning from Shared Parental Leave
If you wish to return early from SPL, or extend the period of your SPL, you must notify the Company at least 8 weeks before both the original end date and the new end date.
If you return to work immediately after a period of SPL which (together with any Statutory Maternity/Adoption Leave you may have taken to care for the same child) was 26 weeks or less, you will return to work in the same job that you left.
If you return to work from a period of SPL which (together with any Maternity/ Adoption Leave you may have taken to care for the same child) was more than 26 weeks you will normally be entitled to return to the job in which you were employed before your absence. If that is not reasonably practicable, you will be offered a similar role on no less favourable terms and conditions.
You will not lose the right to return to work if you do not follow the correct notification procedures. However, the Company may take appropriate disciplinary action if you fail to return to work at the end of the SPL period.
If you are unable to return to work at the end of the SPL due to ill health, the Company's normal sickness absence rules, procedures and payments will apply
Flexible Working Policy
(Please note the application procedure in Section 2 of this document)
Flexible working is any working pattern other than the normal working pattern
There is no automatic right to flexible working, but the Company must ‘consider seriously’ any requests made by employees to work flexibly.
This will allow employees with certain ‘Reasonable Grounds’ the opportunity to change their work patter to ‘fit in’ with their requirements.
The right to apply for flexible working arrangements applies to all eligible employees.
Special events are themselves not ‘Reasonable Ground’ to apply to work flexibly.