April 2016
Contents
Click on a link below to take you to the relevant policy:
1.
Terms of employment........................................................................................ 5
Employee Handbook and Contractual Information ........................................................... 5
Basics about Your Employment ..................................................................................... 7
Hours of Work Policy ................................................................................................... 9
2.
Absence from Work ......................................................................................... 10
Career Leave Policy ................................................................................................... 10
Holiday Policy ........................................................................................................... 14
Who is covered by this policy? .................................................................................... 18
Ownership, updates and query management ................................................................ 18
Contractual status of this policy .................................................................................. 18
Sickness Absence Policy ............................................................................................ 19
Leave for Special Circumstances Policy ........................................................................ 26
3.
Career Development ........................................................................................ 29
Career Development Policy ........................................................................................ 29
Time off for Corporate Responsibility ........................................................................... 30
Time off to Train Policy .............................................................................................. 36
Talent Management Policy ......................................................................................... 41
Technical Specialist Policy .......................................................................................... 43
Technical HoD Policy ................................................................................................. 46
4.
Ensuring Fair Treatment .................................................................................. 48
Corporate Responsibility and Inclusion Statement ......................................................... 48
Equality of Opportunity Policy ..................................................................................... 49
Statement of intent and purpose ................................................................................ 49
Bullying and Harassment Policy .................................................................................. 52
Statement of intent and purpose ................................................................................ 52
Contractual status of this policy .................................................................................. 54
Equality Complaints Procedure ................................................................................... 55
Statement of intent and purpose ................................................................................ 55
How to make a complaint (informally or formally) ......................................................... 56
Ownership, updates and query management ................................................................ 60
Contractual status of this policy .................................................................................. 60
5.
Family Leave ................................................................................................... 61
Adoption and Surrogacy Policy ................................................................................... 61
Maternity Leave Policy ............................................................................................... 69
Shared Parental Leave Policy (children expected to be born or placed for adoption on or after
5 April 2015) ............................................................................................................ 75
Paternity Leave Policy ............................................................................................... 83
Dependant’s Leave Policy........................................................................................... 87
Parental Leave Policy ................................................................................................ 89
FCA Employee Handbook 2016
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6.
Health, Safety & Security ................................................................................ 92
Driving at Work Policy ............................................................................................... 92
Eye Test Policy ......................................................................................................... 94
Health and Safety Policy ............................................................................................ 95
Safety when Visiting External Organisations Policy ........................................................ 99
Security Policy ......................................................................................................... 102
Travel Health Policy ................................................................................................. 107
7.
Joining the FCA ............................................................................................. 110
Recruitment Policy ................................................................................................... 110
Probation Policy ....................................................................................................... 114
Relocation Policy ...................................................................................................... 117
8.
Leaving the FCA............................................................................................. 120
Leaving the FCA Policy ............................................................................................. 120
Employment References ........................................................................................... 125
Redundancy Policy ................................................................................................... 127
Redeployment within the FCA Policy ........................................................................... 133
9.
Pay, Reward & Benefits ................................................................................. 136
Give as You Earn Policy ............................................................................................ 152
Salary & Benefits Policy ............................................................................................ 154
10.
Performance, Discipline and Grievance ......................................................... 161
Disciplinary Procedure .............................................................................................. 161
Dismissal Procedure ................................................................................................. 168
Grievance Procedure ................................................................................................ 170
Performance Management Procedure ......................................................................... 174
11.
Personal Conduct .......................................................................................... 181
Your obligations at the FCA ....................................................................................... 181
Prospective Parliamentary Candidates Policy ............................................................... 187
12.
Security of FCA Assets, Information and Data ............................................... 189
Clear Desk Policy ..................................................................................................... 189
Employee Information Security Manual ....................................................................... 195
Use of FCA information services ................................................................................. 207
14.
Wellbeing ...................................................................................................... 214
Smoking Policy ........................................................................................................ 214
Stress Wellbeing Policy ............................................................................................. 217
Substance Abuse Policy ............................................................................................ 220
Domestic Abuse Policy .............................................................................................. 223
15.
Working Patterns .......................................................................................... 227
Flexible Working Policy ............................................................................................. 227
Part-time Working Policy .......................................................................................... 237
16.
Whistleblowing ............................................................................................. 239
Whistleblowing Policy ............................................................................................... 239
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17.
OFT TUPE Terms & Conditions ....................................................................... 250
Terms of employment .............................................................................................. 250
Pay Reward & Benefits ............................................................................................. 251
Absence from Work .................................................................................................. 252
Family Leave ........................................................................................................... 253
Leaving the FCA ...................................................................................................... 253
FCA Employee Handbook 2016
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1.
Terms of employment
The policies that form part of this Employee Handbook are developed and agreed
through the FCA’s Employee Policy Governance Framework. The framework is owned
by the HR Division.
HR Policies are accompanied by guidance documents, templates and processes,
details of which can be found on the FCA’s intranet site, My FCA Hub (available to
internal employees only.)
Employee Handbook and Contractual Information
Contractual Information (start)
Your Personal Statement sets out some of the terms and conditions of your employment.
Taken together, your Personal Statement, sections of this Handbook enclosed in the headings,
‘Contractual Information (start)’ / ‘Contractual Information (end)’, and your first Flexible
Benefits Confirmation Statement and thereafter, your most recent Flexible Benefits
Confirmation Statement comprise your Contract of Employment with us, subject to any
amendments that from time to time, the FCA may make. Accordingly, the FCA reserve the
right to amend the Contract of Employment of all employees and also to vary it in respect of
individual employees.
The Employee Handbook contains policies and procedures that do not form part of your
Contract of Employment and may be replaced, withdrawn or varied by the FCA at any time.
This Employee Handbook, together with your Personal Statement constitutes written
particulars for the purposes of the Employment Rights Act 1996 (as amended from time to
time). Where there is a conflict between your Personal Statement and the Employee
Handbook, your Personal Statement will prevail.
We reserve the right to make non-fundamental changes to the terms and conditions of
employment enclosed in the headings, ‘Contractual Information (start)’ / ‘Contractual
Information (end)’, in this Handbook from time to time.
You will be notified of minor changes of detail by way of a general notice to all employees
affected by the change and any such changes take effect from the date of the notice. The
changes will be automatically made to the Intranet Handbook.
You will be given not less than one month’s notice in writing of any significant changes which
may be given by way of an individual notice or a general notice to all employees. Such
changes will be deemed to be accepted unless you notify us of any objection in writing before
the expiry of the notice period.
The FCA is constantly reviewing its terms and conditions of employment and policies to
compare them with best practice in similar organisations. Appropriate changes may be made
to reflect such best practice.
Contractual Information (end)
Who is covered by this policy?
This policy covers all employees.
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Ownership, updates and query management
This is the FCA’s Employee Handbook and Contractual Information Policy as at April 2009.
The policy is owned by the HR Division and has been developed in conjunction with the Staff
Consultative Committee.
The policy is not contractual and is subject to change at the discretion of the FCA – any
changes will be published on the intranet.
Any questions on the application of the policy should be directed to the HR Helpline on
extension 67070.
Contractual status of this policy
This policy does form part of your contract of employment.
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Basics about Your Employment
Job titles
The following generic job titles apply to our staff appointed to jobs at the FCA:

Director/Head of Department – Carries responsibility for the executive management of a
specific area of regulation, regulated market or operational area.

Manager – Leader of a team responsible for a particular regulatory activity or operational
area that applies/requires specialist technical knowledge or acquired business experience.

Technical Specialist - Carries responsibility for providing expert advice to colleagues
and/or applies knowledge to undertake or manage highly complex tasks and projects. The
role requires in-depth specialist knowledge and experience of the relevant sector or
specialism, which is likely to be particularly valuable or scarce in the market.

Associate – Carries responsibility for the execution of delegated tasks in a specific area of
regulation or operational area, using specific technical expertise. The level of exposure and
autonomy will vary depending on the experience of
the Associate.

Administrator/ Secretary – Carries responsibility for a diverse range of
administrative/support duties.
Additionally, with line management approval, more descriptive job titles may be used as
appropriate, e.g. on business cards.
Your job title is stated in your Personal Statement. You may be asked to undertake other
duties as the FCA may from time to time reasonably direct and the precise description and
nature of your job may need to be varied occasionally from
time-to-time.
Place of work
The FCA offices are located at:
25 The North Colonnade
Canary Wharf
London
E14 5HS
1 Canada Square
Canary Wharf
London
E14
Quayside House
127 Fountainbridge
Edinburgh
EH3 8DJ
Your normal place of work will be as notified in your Personal Statement. We may reasonably
require you to work in any other FCA offices, any regulated firm or other third party inside the
United Kingdom.
You are not currently required to work outside the United Kingdom except for business trips or
other trips in the course of your work. You may be required to make visits to third parties
anywhere in the United Kingdom and there may be times when it is necessary to stay away
overnight. It is a condition of your employment that you undertake these requirements to
travel.
Who is covered by this policy?
This policy covers all employees.
Ownership, updates and query management
FCA Employee Handbook 2016
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This is the FCA’s Basics about your employment policy as at April 2009.
The policy is owned by the HR Division and has been developed in conjunction with the Staff
Consultative Committee.
The policy is not contractual and is subject to change at the discretion of the FCA – any
changes will be published on the intranet.
Any questions on the application of the policy should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
Contractual information in this policy forms part of your contract of employment.
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Hours of Work Policy
Contractual Information (start)
Unless otherwise stated in your Personal Statement, normal working hours are 35 hours each
week, Monday to Friday, with one hour each day for lunch. We reserve the right to vary your
normal working hours, if necessary, to fulfil our operational requirements.
You may be required to work in excess of your normal working hours. If required, you agree to
work in excess of any limit placed on working hours, whether by statute or otherwise (provided
in the case of a statutory limit that the requirement is lawful). Any excess hours worked will be
unpaid unless you have a specific entitlement to overtime payments, which will be set out in
your Personal Statement.
You are required to record your hours of work and notify us of them so that we can comply
with our health and safety obligations.
If you have to work during your lunchtime, you must take an equivalent break during the day,
making arrangements for appropriate cover where necessary. You must take a minimum rest
period of 30 minutes if you have worked continuously for six hours. The law entitles you to a
daily rest of 11 consecutive hours and a weekly rest of 24 hours. Except where we may
lawfully require you to work during all or part of these rests, you must take them. If as a result
of our work requirements you do not get your full rest entitlements, you will be entitled to an
equivalent period of rest.
Contractual Information (end)
Who is covered by this policy?
This policy covers all employees.
Ownership, updates and query management
This is the FCA’s Hours of Work Policy as at April 2009.
The policy is owned by the HR Division and has been developed in conjunction with the Staff
Consultative Committee.
The policy is not contractual and is subject to change at the discretion of the FCA – any
changes will be published on the intranet.
Any questions on the application of the policy should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
This policy does form part of your contract of employment.
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2.
Absence from Work
Career Leave Policy
We are committed to being a flexible employer as a method of helping us to retain valued
employees. We recognise that there may be times when you wish to take an extended period
of absence in order to pursue personal interests or domestic duties such as caring for a family
member. The information below explains our career leave policy which offers you the
opportunity to request between 4 and 52 weeks unpaid leave. Career leave can be used for
any purpose except taking paid employment without the permission of the FCA.
Principles
What you can expect from the FCA

Wherever possible, we will accommodate your plans for career leave, subject to business
needs.
What the FCA expects of you

You will provide your manager with suitable notice of your career leave request.

You will follow the process as set out in this policy.
The policy
Providing you meet the eligibility criteria below, our career leave scheme gives you the
opportunity to apply for between 4 and 52 weeks unpaid leave. If approved, you can use your
career leave for any purpose, except taking up paid employment without written permission
from the FCA.
Should you wish to request less than 4 weeks leave we would usually expect this to be taken
from your annual holiday entitlement. For further guidance please speak to the HR Helpline, or
refer to the Leave for Special Circumstances, Dependants Leave or Parental Leave policies
which may be applicable.
Eligibility criteria
You must meet the following criteria to be eligible to apply for
career leave:

You must have two or more years’ continuous service within the FCA to request career
leave between 4 and 26 weeks.

You must have three or more years’ satisfactory continuous service within the FCA to
request career leave between 26 and 52 weeks (min 4 weeks).

You must not have a current warning under either the Disciplinary or the Performance
Management Procedure.

Your last two appraisal ratings must have been a two or above.

You must have completed three years’ continuous service after returning from any
previous period of career leave.
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
You must not have had any continuous period of absence/ leave of 4 weeks or more within
the last 12 months.
Please note that entitlement to career leave does not aggregate; for example, if you have had
eight years of service and have not taken career leave within this time, you will still only be
entitled to one period of leave.
Terms and conditions of the scheme
Duration

You can take between 4 and 52 weeks unpaid career leave.

You must take career leave in one continuous block.

Career leave can be combined with either holiday or parental leave, but the total time
away from work must not exceed 26 weeks (where you have two years continuous
service) or 52 weeks (where you have three or more years continuous service).
Pay and benefits

All career leave will be unpaid. You won’t receive a salary or ‘flex’ account during your
leave.

If you are a member of the FCA Pension Plan, contributions will not be paid for the
duration of the career leave.

You will not be entitled to any core or flexible benefits for the period of the career
leave, with the exception of the following:

Core Life Assurance.

Death in service benefits associated with being a member of the FCA Pension Plan,
i.e. dependants’ pension (if applicable).

It may be possible to maintain private medical cover, by agreeing to pay the
premiums for the duration of career leave.
Payment of any of the above benefits will be calculated on your basic salary at the start of
your career leave.
In the absence of additional benefits (which you may have selected prior to your career
leave) it is your responsibility to ensure that you are adequately protected.

You will not accrue any annual leave or be paid for any bank/public holidays that fall
within the duration of your career leave.

Any outstanding season ticket loan or other payments you owe will be deducted from
your final salary payment before the start of your career leave.

Whilst on career leave you will be eligible to be considered for Pay Review. Any salary
increase will be deferred until the end of your leave. If you are awarded an annual
individual incentive this will be reduced to reflect the amount of time spent on career
leave during the performance year. Any annual individual incentive which you are awarded
will be paid to you in April.

You will not be entitled to occupational sick pay for the duration of the career leave. If
you qualify, you will be entitled to Statutory Sick Pay.
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
Please note that any qualifying periods associated with selected benefits (such as Private
Health Insurance, Life Assurance and Critical Illness) may need to be restarted following
career leave. Please log-in to your My FCA Benefits and read the Policy documentation for
more information.
Contractual Information (start)
During career leave, you will remain an employee of the FCA and will be subject to our terms
and conditions, including standards of conduct and behaviour, the FCA Code of Conduct,
security, compliance and all confidentiality requirements.
Whilst on career leave you are not permitted to take up any paid employment without the
express written permission of the FCA. To do so, will be regarded as gross misconduct and
may lead to your dismissal.
During your career leave, your service will be regarded as continuous (for employment
purposes).
Contractual Information (end)
If, during the period of your career leave, there is a business restructure within the FCA, you
will be included. If your role is made redundant while on career leave you will be subject to the
FCA’s Redundancy Policy. Any redundancy payment will be calculated on the basis of your
basic salary at the start of your career leave.
If you become pregnant while on career leave, or you would like to take a period of Paternity
Leave (ordinary or additional) or Adoption and Surrogacy Leave before the end of your career
leave you must notify the HR Helpline in writing. If your career leave ends early as a result of
you taking Maternity, Adoption or Paternity leave you will lose any remaining career leave
which had previous been agreed.
Please note that your entitlement to Statutory Maternity, Paternity or Adoption Pay may be
impacted by your decision to take career leave. To qualify for statutory pay (and therefore
enhanced FCA pay) whilst on Maternity, Paternity or Adoption leave, your average weekly
earnings before tax and NI (during the relevant period) must be at least equal to the Lower
Earnings Limit. Please see the GOV.UK website for more clarification regarding qualification for
statutory pay or contact the HR Helpline for more information.
Return to work after career leave
You will, where possible, return to the same or a similar job as the one that you left.
Where possible, the terms of the job, will be no less favourable than the job you left. However,
if there is a business restructure while you are on career leave, you will be included in that
process. Further details on this are provided above.
If you wish to return to work earlier than originally intended, you need to agree this with your
manager. Please ensure that you contact your Manager at least 4 weeks before your desired
return date. Your request to return early cannot be guaranteed. You must also inform the HR
Helpline before the 1st working day of the month that you intend to return to work so that your
salary can be reinstated.
Failure to return from career leave
If you fail to return from career leave on the pre-arranged date, this will be considered to be
unauthorised absence and could result in disciplinary action up to and including your dismissal
from the FCA (see the Disciplinary Procedure).
Process
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Requests for career leave should be discussed and agreed with your manager. If your manager
is happy with your request, you should raise an Unpaid Career Leave Absence request via the
HR system (PeopleHub). Where relevant please ensure that you confirm the reason for the
career break.
All applications must be signed off by your Director or ExCo (where relevant) and a
commitment must be made at the time by your manager that, where possible, a role will be
available for you upon your return. If no such commitment is given then your application for
career leave will not be agreed.
You should usually make a request for career leave at least three months in advance. There
will, however, be exceptions to this and you should discuss situations where you need the
leave more quickly with your manager.
Approval is at the discretion of managers and may be refused, or the timing deferred, due to
business reasons.
You will receive a letter outlining the terms and conditions of the career break. You should read
this letter carefully and address any questions to the HR Helpline before signing to agree it.
During career leave your manager and the HR Helpline will be the initial points of contact for
all matters regarding career leave or your employment with the FCA. Before you go on career
leave, you must provide us with up-to-date contact details and agree how you can be
contacted during this period (e.g. by phone, email or in writing).
You should contact your manager at least four weeks before the end of your career leave to
discuss the arrangements for your return to work.
Who is covered by this policy?
This policy covers all employees with more than two years’ service.
Ownership, updates and query management
This is the FCA’s Career Leave Policy as at August 2014.
The policy is owned by the HR Division and has been developed, where appropriate, in
conjunction with the Staff Consultative Committee.
The policy is not contractual and is subject to change, withdrawal or replacement at our
discretion. Any changes will be published on the intranet.
Any questions on the application of the policy should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
This policy does not form part of your contract of employment, unless
otherwise stated.
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Holiday Policy
It is important for your overall health and wellbeing to have breaks from work. We offer a
generous and competitive benefits package.
Holidays are one benefit where we can offer you choice and flexibility, by providing a core
basic holiday entitlement and allowing you to buy additional days to suit your own
circumstances through My FCA Benefits.
We offer the following core annual holiday entitlements (for full time staff), which excludes
bank holidays:



Administrators and Associates:
Manager and Technical Specialist:
Head of Department and Director:
25 days
28 days
30 days
Holiday for part time and fixed-term employees is pro rated. Please see the holiday hub pages
for more information.
Under My FCA Benefits you may request additional holiday as one of your flex options.
Principles
What you can expect from the FCA

To maintain a competitive and equitable core annual holiday entitlement.

To allow all permanent and fixed-term employees to purchase additional days (providing
the total for that year does not exceed 38 days, excluding bank holidays).

To try to ensure wherever possible that employees are given their preferred requests for
holidays.

Your manager has a duty of care to ensure that you have a balanced work portfolio that
enables you to utilise your core holiday entitlement.

Your manager should encourage you to take at least your statutory holiday entitlement
(20 days excluding bank holidays for full-time employees) within the holiday year, but
make sure that your entitlement does not exceed 38 days for that holiday year.
What the FCA expects of you

To agree holidays with your manager, giving as much notice as possible (at least twice the
number of days’ leave that you wish to use).

To discuss and agree dates with your manager before making any firm bookings to ensure
that there is adequate staff coverage and business needs can be met.

You are responsible for keeping an accurate record of your holiday entitlement (including
holiday carried over from the previous holiday year, core, and holiday bought through
your flex account, taken and planned holiday). This should be approved by your manager
through the HR system (PeopleHub) at the time of agreement or when an amendment is
made. This will form part of your employment record and must be kept up to date,
accurate and made available to your manager should they request it.

To take at least your statutory holiday entitlement (20 days excluding bank holidays for
full-time employees; pro-rated for part-time employees).
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
You are responsible for managing your holiday entitlement for the year and making sure it
does not exceed 38 days.

To take a period of at least two consecutive working weeks leave per annum.
Contractual Information (start)
Holiday Year
The FCA’s holiday year runs from 1 June to 31 May.
Core annual holiday entitlement
If you are a permanent full-time member of staff, your core annual holiday entitlement is:



Administrators and Associates:
Manager and Technical Specialist:
Head of Department and Director:
25 days
28 days
30 days
If you work part-time your core annual holiday, and bank and public holiday entitlement is
calculated according to the number of days/hours you work in proportion to the FCA’s normal
working days/hours.
The term ‘holiday’ in this section, unless otherwise stated, refers to the core annual holiday
entitlement plus any additional days purchased under the Flexible Benefits Plan.
If you are participating in the Flexitime Scheme, leave under that scheme does not form part
of your holiday entitlement.
Statutory entitlement and carry forward of holiday
Under the Working Time Regulations 1998, you must take your statutory annual leave (i.e. for
full-time employees this is 20 of the FCA core days excluding bank holidays; pro-rated for
part-time employees) between 1 June and 31 May each year, as the Regulations do not permit
this part of holiday to be carried over into the next holiday year. Any additional core holiday or
annual leave purchased through the Flexible Benefit Scheme can be carried over into the next
holiday year, providing you don’t exceed a total of more than 38 days for that year.
Your manager will take reasonable measures to ensure that you are not prevented from doing
so on account of workload. However, in some circumstances, perhaps due to very high
volumes of work, we recognise that it may not always be possible to take all of your holiday
entitlement (whether core, flex or carried over from the previous holiday year). This is why we
allow you the flexibility to carry forward some of holiday entitlement into the next holiday year,
provided that you meet the conditions highlighted above.
Both you and your manager are responsible for making sure you are able to take this leave
and do not exceed the maximum allowance in any holiday year.
Approval and special conditions
The FCA will try to accommodate all reasonable requests for holidays, taking particular care to
accommodate religious events or events of special significance.
You must obtain agreement from your manager before making any holiday arrangements,
ensuring that the length of time prior to approval is at least twice the length of time requested,
for example 10 days’ notice for a holiday of five days, in order for work to be planned
effectively around absences.
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We recommend at least one break of two consecutive working weeks should be taken within
the holiday year. This applies to full-time and part-time staff.
Requests for holidays in excess of two working weeks will require more detailed discussion with
your manager to assess the impact of your absence and ensure that business needs can be
met. It may not be possible to approve requests for longer than 2 weeks where there are
genuine business reasons (i.e. lack of cover for the team or key deliverables during the
relevant period). If your manager is unable to approve your holiday request they should
explain the reasons behind their decision and discuss alternative options with you.
On joining the FCA
If you join the FCA part way through the holiday year, your entitlement will be pro-rated within
the initial holiday year. Please see the Holiday hub pages for more information.
On leaving the FCA
If you resign from the FCA or have been given notice of termination, your holiday entitlement
will be calculated on the basis of the number of completed calendar months of service in your
final holiday year. You may be able to take holiday during the notice period provided that the
holiday was booked and authorised before the start of the notice period. Other requests to
take accrued holiday during the notice period may be granted subject to business needs.
If on the termination of employment you have not taken your full accrued holiday entitlement,
you will be paid for your accrued entitlement up to the date of termination. If you have taken
more holiday than you are entitled to, we reserve the right to deduct the value of days taken
in excess of your accrued entitlement from the final salary payment made to you.
During a period of enforced leave of absence, such as Garden Leave, any untaken holiday
entitlement will be deemed to have been taken during this period.
Fixed Term Contract - On joining the FCA
When you begin work for the FCA you are entitled to holiday calculated on a pro rata basis by
the number of weeks in your contract.
For example, if your core annual holiday allowance is 25 days the calculation will be:
25 days/52 weeks x number of weeks of contract = x days
Please note that if you are on a part-time Fixed Term Contract your core holiday allowance will
be pro-rated by the number of days you work in a week. You will also be provided with a prorated bank/public holiday entitlement.
Fixed Term Contract - On leaving the FCA
If you are employed on a fixed-term contract and resign from the FCA, or you have been given
notice of termination, your holiday entitlement will be calculated on the basis of the number of
completed weeks of service.
Holiday payment
Holiday pay will be based on pensionable salary. Any holiday pay due to you or deducted from
your final pay will be calculated as follows:
If you work every day of the week (Monday to Friday inclusive) on a full-time or part-time
basis, holiday pay is:
Pensionable salary/260 x number of untaken days’ entitlement or number of days holiday
taken in excess of holiday entitlement (as the case may be);
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If you work less than five days per week, regardless of the number of hours you work on those
days, holiday pay is:
Pensionable salary/A x number of untaken days holiday entitlement or number of days’ holiday
taken in excess of holiday entitlement (as the case may be)
Where A is the number of days per week worked x 52.
Payment for untaken leave will only be made if you are leaving the FCA.
Untaken leave includes your accrued core annual leave entitlement (pro rated by the number
of completed calendar months of service in your final holiday year), holiday carried over and
additional holiday purchased through flex bens (which have been paid for in full at the point of
leaving).
You are not entitled to holiday pay in respect of accrued untaken holiday which is above the
statutory minimum on termination of employment in the following circumstances:

dismissal without notice for gross misconduct or conduct that brings or may bring the FCA
into disrepute;

leaving the FCA without giving due notice;

for any period of enforced leave of absence following notice (where the entitlement is
deemed to have been taken during the period of enforced leave).
Payments for holidays above the statutory minimum can be made for holidays accrued during
maternity, adoption & surrogacy or additional paternity leave (see the Family Leave
policies for further details).
Bank/Public holidays
Bank/public holidays which fall on normal working days are in addition to holiday entitlement
for full-time staff. There are usually 8 per calendar year, but this does vary.
Part-time employees
If you work on a part-time basis you are entitled to bank and public holidays on a pro rata
basis to reflect the number of days per week which you normally work, regardless of whether
you work fewer than the normal working hours of any day. Please discuss in advance any
arrangements for bank and public holidays with your manager and request this absence on the
HR system (PeopleHub).
You will not usually be required to work on any bank/public holiday. Where bank/public
holidays fall on days on which you normally work, such days will be taken from your
bank/public holiday entitlement and should be recorded on the HR System (PeopleHub).
Where the number of bank/ public holidays exceed your entitlement, you should deduct this
from your core annual holiday entitlement. Alternatively, with the agreement of your manager,
you may work on another day (usually in the same week) provided it is not a bank/public
holiday.
If your entitlement exceeds the number of bank/ public holidays which fall on your working
days you may use these as part of your core annual leave. This entitlement must be taken in
the relevant holiday year and, as with all other holiday requests, must be approved by your
manager before being taken.
Contractual Information (end)
FCA Employee Handbook 2016
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Holiday accrual and long-term sickness absence
During long-term sickness absence you will accrue your statutory holiday entitlement,
equivalent to 28 days per annum including bank holidays. You are permitted to take all or
some of this holiday during the period of long-term sickness absence. If you wish to take
holiday during this period, please inform your manager in the usual way, as set out in this
policy.
Sickness during a planned holiday
You may be eligible for time off in lieu if you are able to provide a fit note to cover your illness,
no matter what the duration of the illness. See Sickness Absence Policy for more details.
Further guidance
Please read the holiday FAQs on My FCA Hub.
Who is covered by this policy?
This policy covers all employees.
Ownership, updates and query management
This is the FCA’s Holiday Policy as at August 2014.
The policy is owned by the HR Division and has been developed, where appropriate, in
conjunction with the Staff Consultative Committee.
The policy is not contractual and is subject to change at the discretion of the FCA – any
changes will be published on the intranet.
Any questions on the application of the policy should be directed to the HR Helpline on
extension 67070.
Contractual status of this policy
This policy forms part of your contract of employment where stated.
FCA Employee Handbook 2016
18
Sickness Absence Policy
The FCA is keen to encourage employees to maximise their attendance and performance at
work while recognising that there will be occasions when this is not possible due to absence
caused by sickness or incapacity.
This policy covers short-term sickness, extended absence and longer term absence (see the
Definitions section below).
The FCA provide a comprehensive range of wellbeing benefits and aim to treat employees who
are sick with dignity and respect, providing support, counselling, tailored rehabilitation
programmes and (if appropriate and practicable) workplace adjustments that may assist that
individual to continue productive employment with the FCA.
If an employee is frequently and persistently absent, this can have a negative impact on the
delivery of departmental objectives and remaining colleagues who must carry the burden of
extra work. This policy is designed to ensure a balance is struck between ensuring adequate
support for employees who are ill and the ability to fulfil business obligations.
Absence figures in this policy are based on full-time employees. Part-time employee
entitlements and triggers are based on a ‘pro rata’ calculation.
Principles
What you can expect from the FCA

The FCA will take all reasonable steps to ensure a healthy approach to work and working
practices by providing access to health and fitness benefits, and a variety of working
arrangements, to meet the needs of different staff at various times.

We will consider making recommended workplace adjustments to accommodate any
specific needs caused by a medical condition that an employee may have. Adjustments
the FCA may make will follow the advice of an employee’s GP, the FCA’s Occupational
Health team or other medical practitioner and may include a phased return to work,
altered hours, amended duties and/or workplace adaptations.

If you are ill and unable to work, the FCA will pay your normal salary, inclusive of
Statutory Sick Pay (where appropriate), for absences up to 65 days in a rolling 12-month
period (see the Definitions section for information). If you are still unable to return to
work you will be eligible to receive one half of your normal pay for the next 65 days in a
rolling 12-month period, at which point Occupational Sick Pay (see section on pay and
benefits) will cease. If your illness lasts over 12 months then the full-pay and half-pay
provision will be made only once. If you are still unable to work, once you have exhausted
your entitlement to Occupational Sick Pay, you may be eligible to receive payment under
the terms of the Permanent Health Insurance (PHI) contract.

We will notify you if your pay will be affected. For example, if your absence is verging on
‘long-term’ (as defined later in this policy), we will inform you of the impact before the
change in pay becoming effective.

Your line manager will maintain regular contact with you throughout any period of
absence. You must cooperate in this process unless we are medically advised to the
contrary. You may also be contacted by a member of the HR Division.

If we have concerns about your health we will initiate a case conference involving the HR
department, your line manager, and Occupational Health, to determine appropriate steps
towards full rehabilitation.
FCA Employee Handbook 2016
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
Absence is regarded as a serious matter. It may affect your remuneration and your
prospects for advancement. Persistent absence will be dealt with promptly, firmly and
consistently and may ultimately result in dismissal.
What the FCA expects of you

You must follow the correct procedure when you are unable to attend work due
to sickness.

On your first day of absence you must speak to your line manager by 9.30am to report
your absence.

You should ring your line manager (or such other person designated by us if they are
unavailable) on each working day of sickness for the first seven days; thereafter you
should expect to have a regular conversation with your line manager or other person
designated by us, in line with the guidance shown below in this policy. Your sick pay may
be withheld or reduced if you do not cooperate in this process.

For short-term absences lasting up to seven days, including weekends/bank holidays, you
must record your absence on the HR System (PeopleHub) on your return to work. This will
be sent to your line manager for approval.

If you are ill while on annual leave, you may be eligible to have the days reimbursed,
providing that you provide a fit note for the duration of the illness (or a letter from a
medical practitioner if abroad) and you report sickness in the normal way (i.e. ring your
line manager or other designated individual as referred to above).

If your absence lasts for more than seven calendar days, including bank holidays and
weekends, you must provide your line manager with a fit note from your GP. Your line
manager will need to record your absence on the HR System (PeopleHub) by the eighth
calendar day of absence, scan a copy of your fit note to the HR Helpline and retain the
original.

If your absence continues beyond the dates stated on the first fit note you must send
additional fit notes to your line manager within two working days, otherwise we reserve
the right to withhold sick pay and you could be the subject of disciplinary action. Your line
manager will keep your absence record updated on the HR System (PeopleHub).

If you believe that your absence is caused by work-related issues or is stress-related, you
must discuss these at the earliest opportunity with your line manager, who will work with
you to find and reduce the cause of your concerns. If you do not do so, your sick pay may
be withheld or reduced. The fact that your illness is or is alleged to be work-related does
not affect the FCA’s rights in relation to the handling of your absence, up to and including
dismissal.

If the fit note from your GP states that you may be fit to work with adjustments, you will
take all reasonable steps necessary to cooperate with the FCA in determining the
appropriate adjustments to be made. This may include discussions with your line
manager, HR, Occupational Health or a return visit to your GP to clarify the
recommendations.

If the FCA decides that the suggested workplace adjustments are not practicable, you will
remain on sick leave at least until your current fit note expires.

Whether or not you are actually off sick at the time, you must inform your line manager if
there is a change in your medical condition or if any of the adjustments put in place for
you by the FCA are proving unsuitable.
FCA Employee Handbook 2016
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
You must agree to a reasonable request from your line manager to undergo a consultation
with either the FCA’s Occupational Health Adviser (OHA) or Occupational Health Physician
(OHP) and/or for a report to be produced by them.
What are the responsibilities of line managers?

Managers will actively monitor absences within their teams and will raise concerns with
the HR Helpline.

If managers have a concern about your absence, they have the discretion to recommend
an investigation that might result in the withholding of pay. This would be applied in
conjunction with other sanctions, such as those stated in the Disciplinary Procedure, and
after consultations with you and HR. If there is no improvement in persistent absence,
managers may take action up to and including dismissal in line with the Disciplinary Policy.

Depending on the circumstances, a manager will consider referring you to the OHA or OHP
if you have been absent for more than ten days in a rolling 12-month period (see
Definitions section) or have had more than three absence episodes in a rolling 12-month
period, but will also reserve the right to refer you to the OHA/OHP if he or she feels it is
appropriate.

On receipt of a fit note that states you may be fit for work with adjustments, your
manager will consult with you, HR and (if the FCA considers it appropriate) the OHA/OHP.
This aim is to identify the most suitable approach for both you and the FCA.

Managers can request a fit note for any period of absence (i.e. less than seven days);
however, this is only likely to be applied if you have had three or more periods of shortterm absence within a rolling 12-month period. The FCA (relevant business area) will pay
for this.

Managers will maintain regular contact with employees who are on extended and longterm absence. For extended absences, managers will ensure weekly contact and for longer
term absence, managers will ensure fortnightly contact as a minimum standard. Contact
may be made by telephone, email, letter or personal visit. Separate arrangements will be
made for those in receipt of Permanent Health Insurance (PHI).

Managers are best placed to provide input in relation to the activities an employee actually
carries out and which adjustments are feasible in relation to their specific role. This is
particularly important where adjustments are to be made as a result of a fit note and/or
OHA/OHP advice.
Definitions
Sickness absence is defined as a period of time away from the FCA caused by illness, injury or
other form of incapacity, which means that an employee is medically unfit for work.

Short-term absence: lasting up to seven calendar days (including weekends and public
holidays);

Extended absence: lasting between eight days and 65 days of continuous or aggregated
absence; and

Long-term absence is defined as a continuous or aggregated absence of more than 65
days.
We have different procedures and levels of intervention for each category of absence. These
are set out in this policy document, together with any intranet policies or documents.
FCA Employee Handbook 2016
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The new Statement of Fitness for Work or “fit note” which replaced doctors’ certificates
from 6 April 2010 means that GPs can advise that an employee
is either:

Unfit for work; or

May be fit for work - a GP will give this statement if they think that an employee’s health
condition may allow them to work if the FCA is able to provide suitable support and
adjustments. This recommendation is made without necessary knowledge of the FCA’s
working conditions or requirements and so does not bind the FCA in any way.
The fit note does not include the option for GPs to advise an employee that they are fully fit for
work. You do not need to be fully fit to return to work nor need to be ‘signed back’ to work by
a GP (see section on “Support and adjustments available”), however if your manager has
concerns about your return to work they may refer you to the FCA’s OHA/OHP for further
guidance.
A rolling 12-month period - entitlement to sick pay is calculated on a rolling 12-month basis
which commences with the first day of each reported sickness absence. The total of any
periods of absence due to sickness taken within the previous 12-month period is deducted
from this total to determine the balance of entitlement due. So, how do we do that? We look
back 12 months from the first day of the current period of sickness absence and total the
number of sick days absent. This is deducted from your occupational sick pay entitlement,
leaving the number of occupational sick pay days left at full and half pay going forward.
Summary of the Sickness Absence Policy and links to related topics
Short-term absence
This covers all absences caused by sickness, injury or other incapacity lasting up
to seven days. You should call your line manager each day (unless alternative arrangements
have been agreed) before 9.30am to report your (continued) absence. On your return to work
you will need to record your sickness absence on the HR System (PeopleHub), which will be
approved by your line manager. Please note, that managers can request a fit note for periods
of absence of less than seven days if they have a concern about the frequency of short-term
absence episodes – this would normally be three or more episodes in a rolling 12-month
period. The FCA will pay for any reasonable costs associated with obtaining a fit note in these
instances.
Extended absence
Periods of absence over seven calendar days (and up to 65 days’ continuous or aggregated
absence) fall into the extended absence category. Until agreed otherwise with the line
manager, you should continue to contact and speak to your manager on a daily basis. Fit notes
should be provided throughout the period of absence. You should ensure that you provide a
continuous updated fit note within two days of the expiry of the previous fit note. Depending
on the nature of the absence, the manager may agree to weekly updates during this period.
Providing you follow the correct procedures, you would normally expect to continue to receive
your normal pay (including any SSP entitlement) during this period, providing that your
absence does not aggregate more than 65 days in a rolling 12-month period.
Long-term absence
Long-term absence begins when you have been absent for a period in excess of 65 days. Longterm absence affects pay. This includes instances when aggregated absence over a rolling 12month period exceeds 65 days. Fit notes should be provided throughout the period of absence.
FCA Employee Handbook 2016
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You should ensure that you provide an updated fit note within two days of the expiry of the
previous fit note.
Line managers will maintain regular contact throughout the period, taking care to be
reasonably sensitive to your needs during a period of ill health.
Pay and benefits in connection with absences
Sick pay falls into two categories – Occupational Sick Pay (OSP) and
Statutory Sick Pay (SSP).
There is no contractual obligation for the FCA to pay OSP. Employees who fail to follow the
reporting and other evidential procedures may forfeit OSP. SSP is paid after three days’
absence and continues for 28 weeks (over a three-year period).
You will normally receive full pay (comprising a mix of OSP and SSP) for short and extended
absences of up to 65 days (continuous or aggregated in a 12-month rolling period). This
applies to permanent and fixed-term employment contracts, but not to third-party providers of
service who are not paid through our payroll.
Please note that we reserve the right to withdraw OSP in certain circumstances, including but
not limited to the following:

Where it has been communicated to you that disciplinary proceedings or performance
management has or will commence or where either is ongoing.

Where you have not followed the set procedure for reporting absence.

Where the absence is the result of elective surgery (excluding IVF).

Where you refuse to comply with a request to be examined by the OHA/OHP or medical
consultant and/or for a report to be prepared.

After the giving of notice of termination by you or the FCA.

Absences longer than 65 days (continuous or aggregated in a 12-month rolling period) will
result in half normal pay for up to a further 65 days (within a rolling 12-month period).
Thereafter eligibility for further pay will be determined following application to the
Permanent Health Insurance (PHI) provider if you satisfy the terms of that scheme.
The table below outlines payment terms for sickness absence for OSP and SSP depending on
the number of day’s absence you have had within a 12-month rolling period:
Length of absence
Short-term:
up to seven
days
Extended:
eight – 65
days
Long-term:
66 – 130
days
Long-term:
more than
130 days
Pay
Full
Full
Half
Nil but may
qualify under
PHI
Holiday accrual and long-term sickness absence (also noted in the Holiday Policy)
Due to a change in legislation, a ‘statutory’ amount of holiday accrues while you are on longterm sickness absence, equivalent to 28 days per annum, including bank holidays. You are
permitted to take all or some of this holiday during the period of long-term sickness absence.
FCA Employee Handbook 2016
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If you wish to take holiday during this period, please inform your line manager in the usual
way, as set out in the Holiday Policy.
Sickness during a planned holiday (also noted in the Holiday Policy)
You may be eligible for time off in lieu if you are able to provide a fit note or other form of
confirmation from a medical practitioner to cover your illness (for example, if you take ill while
you are abroad), no matter what the duration of the illness. You must cover any costs
associated with providing a fit note. Without such evidence of your illness, we will not be able
to “reimburse” the days that you lost (see the holiday FAQs on My FCA Hub).
Salary and annual individual incentive payment review
Short-term absences will not normally affect pay and annual individual incentive payment
decisions unless repeated, although any pay increase and payment of annual individual
incentive payment will be deferred until you return to work. Long-term absences will trigger a
reduction to reflect the actual amount of time at work, and therefore your actual contribution.
Absences may affect your promotion prospects.
Support and adjustments available
Following a period of extended or long-term absence and/or where your GP has signed your fit
note as “May be fit for work”, adjustments may be needed to facilitate your return to work.
Those adjustments will be based on the advice and recommendations of your GP or other
medical practitioner in your Fit Note. If we need further guidance in order to carry out any step
recommended by your GP, or your GP has not specified which adjustments to make, we will
refer you to the FCA’s OHA/OHP for further guidance.
Adjustments the FCA may make may include a phased return to work, altered hours, amended
duties and/or workplace adaptations, and may involve a temporary or permanent move to a
flexible working arrangement. Unless short term (i.e. less than 12 weeks), any limit placed on
working hours may be reflected in an adjustment to salary for so long as that limit remains in
place (see below).
The advice given on fit notes is not binding on employers Therefore after discussing the fit
note with you (and where the FCA considers it appropriate) the OHA, the FCA has the right to
make the final decision on the most suitable arrangement for both parties.
Rehabilitation programmes
Following a period of extended or long-term absence, the OHA may prepare a tailored
rehabilitation programme for up to 12 weeks, in consultation with you, your line manager and
where appropriate, your GP.
If after 12 weeks you are still not making progress towards re-establishing your previous work
pattern, discussions will begin with you to renegotiate your contract of employment in order to
achieve a more acceptable outcome for you and for the FCA.
Pay during a period of rehabilitation
Your pay when returning to work on a rehabilitation programme up until you are back to your
normal working arrangements (normally within 12 weeks) will be as follows:
FCA Employee Handbook 2016
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Your pay immediately before
your return to work
Up to 17.5 hours (i.e. half
of full-time contractual
hours of 35 hours per
week)
More than 17.5 hours
Full pay
Full pay
Full pay
Half pay
Half pay
Hours worked (at full pay
per hour)
Nil pay
Hours worked (at full hourly
rate)
Hours worked (at full pay
per hour)
Situations where you may have to remain on sick leave
If your GP has completed your fit note incorrectly, you will be required to remain at home on
sick leave until further clarification is received from your GP or the FCA’s Occupational Health.
If we are unable to make the necessary adjustments in time for your return to work or at all,
you will be required to remain at home on sick leave until you are fit to return to work.
Disputes
In the event of any dispute about a GP’s recommendations, you will be required to remain at
home on sick leave until the advice has been clarified to the FCA’s satisfaction.
If you do not agree that the OHA’s/OHP’s advice is in line with your GP’s advice you should
discuss your concerns with your line manager and HR and try to resolve the situation
informally. It may be necessary for an additional medical report to be sought on your behalf by
the FCA.
Who is covered by this policy?
This policy covers all employees.
Ownership, updates and query management
This is the FCA’s Sickness Absence Policy as at October 2011.
The policy is owned by the HR Division and has been developed in conjunction with the Staff
Consultative Committee.
The procedure is not contractual and is subject to change at the discretion of the FCA – any
changes will be published on the intranet. Any questions on the application of the policy should
be directed to * HR Helpline on extension 67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
FCA Employee Handbook 2016
25
Leave for Special Circumstances Policy
We want to help our people balance work with any outside commitments, as we recognise that
there may be times when you need time off work for personal reasons or to fulfil certain public
duties. The information below explains how we can support you in certain situations. We
encourage you to discuss your needs with your manager who is responsible for agreeing and
monitoring requests for leave.
Principles
What you can expect from the FCA

To treat requests for leave under this policy with sensitivity.

Balance requests for leave under this policy with the operational needs of the business.

Ask you to provide appropriate and relevant information to support your request for leave
for special circumstances, e.g. your invitation to jury service or medical appointment
cards.
What the FCA expects of you

Give your manager reasonable notice of your special leave requirements (wherever
possible).

Make up any time spent on public duties.

Think carefully about the amount of time spent on discretionary public duties and the
impact it may have on your work, e.g. if you are school governor and a local councillor.

To disclose any external employment, appointment or business interest to your
Director/Head of Department (HoD) and obtain their permission before starting or, if you
are new to the FCA, continuing with this activity.

Only take up any paid or unpaid external employment where there is no conflict of
interest.
The policy
Compassionate leave
Compassionate leave can be offered to deal with serious emergencies that arise at short
notice. This may be in the event of serious injury, critical illness or death of an immediate
family member.
You may take two days’ paid compassionate leave at your HoD or Director’s discretion.
In all cases, your manager has the discretion in all cases to agree additional time off work to
be taken as unpaid leave, annual leave or through a flexible working arrangement. The HR
Helpline can provide advice if needed.
If you are likely to need longer than two days leave you should keep your manager informed of
the situation and let them know when you expect to be able to return to work.
You and your manager should discuss how much of your leave will be paid/ unpaid etc. either
prior to, or during, your period of leave.
Compassionate leave requests must be made via “Unpaid Leave” or “Paid Leave” requests
through the HR system (PeopleHub).
FCA Employee Handbook 2016
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For further guidance on unpaid time off to deal with unexpected or sudden emergencies
involving your dependants, please refer to the Dependant’s Leave Policy.
Time off for public duties
You are legally entitled to unpaid time off for a range of different public duties such as the
following:

Justice of the Peace

Local councillor

Member of any statutory tribunal

School governor
For a more comprehensive list please visit the Gov.UK website
You must get your manager’s written approval before entering public service, and if you
already hold such a position upon joining the FCA, you must get your manager’s written
approval for it to continue.
Certain public duties carry a statutory right to reasonable time off, but there is no legal
obligation for the time to be paid. Your manager may need to use their discretion in some
circumstances, but our guidelines are as follows:

Justice of the Peace duties: up to ten days paid leave per year.

Other public duties (including Special Constables and Reserve Forces activities): up to five
days unpaid leave per year.
You need to give your manager sufficient notice of these duties and the amount of leave
required. Where possible we recommend that you agree this leave at the beginning of each
year. You and your manager should agree in advance whether the leave will be paid, unpaid or
if you will make up the time.
You must record your public duty absences via the HR system (PeopleHub), whether paid or
unpaid, so that your manager can monitor the level of absence. Where the amount of absence
appears excessive, your manager can seek advice from the HR Helpline.
Although time off for public duties, including membership of local authorities may be granted,
you will not be granted time off to engage in activities that support a political party. For
example, to prepare, produce or distribute party political literature.
Jury service
If you are called for jury service, you should inform your manager. You must also record your
jury service absences via Manage Absences Record on the HR system (PeopleHub) as “paid
leave”” and add a comment that it is for jury service.
We recommend that you attend jury service when first called, unless there is a substantial
business reason not to, as those who defer are normally called again quite soon.
You will continue to receive your basic salary during jury service less any allowance paid by the
Court for loss of earnings. You should claim all allowances available from the Court and
forward a statement from the Court to Payroll, giving the times/days you were required. A
deduction will be made from your salary for any allowance that you receive from the Court.
You should attend work on any days or half days when you are not required by the Court.
FCA Employee Handbook 2016
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The same arrangements apply for witness attendance in the course of civic duty and in the
event that you are subpoenaed or otherwise instructed by a Court to attend.
If you need to attend private prosecutions or civil proceedings (e.g. divorce) you will not
qualify for paid time off and you will be required to use your holiday entitlement.
Medical and dental appointments
You should arrange all medical (doctor, dentist and hospital) appointments outside normal
office hours whenever possible. If this is not possible, you should discuss with your manager
and try to arrange appointments at times that cause least disruption to your work. You should
make up the time. Your manager may ask to see written confirmation of appointments.
Fertility Treatment
If you, or your partner (someone of the same or opposite sex who may be your husband, civil
partner or be living with you), are undergoing fertility treatment you may take up to 3 days
unpaid leave in any one year. If you require time off beyond the permitted number of days,
then you should discuss your requirements with your manager and agree whether you can
make up the time or use your annual leave.
Who is covered by this policy?
This policy covers all employees.
Ownership, updates and query management
This is the FCA’s Leave for Special Circumstances Policy as at August 2014.
The policy is owned by the HR Division and has been developed, where appropriate, in
conjunction with the Staff Consultative Committee. It is not contractual and is subject to
change at our discretion of the FCA – any changes will be published on the intranet.
Any questions on the application of the policy should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
FCA Employee Handbook 2016
28
3.
Career Development
Career Development Policy
This section is dedicated to helping you to think about your career development at the FCA.
Principles
What you can expect from the FCA

The FCA will assist you in making your career plans by committing to help you understand
the options available to you. There are a number of Career Development Tools to help you
with this.

To provide you with tools to support your career development; for example, our
development interventions include training courses, reading, secondments, on-the job
experience, coaching and mentoring.
What the FCA expects from you

Your career development is your responsibility. While your manager can help you to think
about your career, support your learning and development, and facilitate your next move,
they cannot guarantee you a specific career path for you or tell you what to do next –
those decisions are up to you.
The FCA philosophy on career development

Career development means different things to different people at different times. It does
not always have to be about promotion, but can also be about self-development or finding
a role that you think is challenging and interesting. We offer a broad range of experiences
at the FCA.

We cannot guarantee that planning your career will definitely get you any job you apply
for, but it will help you to be best-positioned for those opportunities when they come
along.
Who is covered by this policy?
This policy covers all employees.
Ownership, updates and query management
This is the FCA’s career development policy as at April 2009.
The policy is owned by the HR Division and has been developed in conjunction with the Staff
Consultative Committee.
Contractual status of this policy
The policy is not contractual and is subject to change at our discretion of the FCA – any
changes will be published on the intranet.
FCA Employee Handbook 2016
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Time off for Corporate Responsibility
Principles
The Corporate Responsibility Team supports the business to deliver the best service to the
public and the financial sector through the provision of community affairs, diversity and
inclusion, and environmental services.
Employees can volunteer with the aim of developing their business skills, shaping their
understanding of consumers, increasing their business skills, and increasing their knowledge of
consumers’ experience when using financial services.
By giving employees the change to be involved in their community and linking what they do to
their learning and development, we can utilise what we learn to better understand those using
financial services.
Volunteering also provides a chance to develop skills and make a positive contribution to the
community.
The FCA encourages staff to participate in Corporate Responsibility projects and reflects this by
allocating a certain number of working hours to such initiatives.
Time off for Community Affairs
Employees are allowed 20 hours per annum to participate in individual pursuits plus an
additional 7 hours for a team challenge. This is to be recorded under the iTime code: BS Other
– Work in the Community.
Who is covered by this policy?
This policy covers all employees.
Ownership, updates and query management
This is the FCA’s Time off for Corporate Responsibility Policy as at February 2013.
The policy is owned by the Corporate Responsibility Department.
The policy is not contractual and is subject to change at discretion of the FCA – any changes
will be published on the intranet.
Any questions on the application of the policy should be directed to Community Affairs.
Contractual status of this policy
This policy does not form part of your contract of employment.
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Sponsored Study and Continued Professional Development Policy
The FCA is committed to supporting your development. The Organisational Development team
(OD) within HR defines and builds, in co-operation with the business, the capabilities that the
FCA needs to perform its role effectively today, and into the future.
There is a very broad offering of world-class development available to you through the FCA
curriculum and divisional learning pathways within the FCA Academy. There will however be
instances where you may need to access very specific technical development which is not
required more broadly in the FCA and therefore which is not offered internally. In these cases
you may wish to access alternative solutions such as external courses, professional
qualifications or conferences. Access to both internal and external development is all part of
our FCA Academy offer for you.
This policy covers the following:




Sponsored Study
Continued Professional Development (CPD)
MSc in Financial Regulation
Time off to Train
You should familiarise yourself with the details of these to decide what is the most appropriate
for your needs.
You should discuss your aspirations during your ‘1-1’s’ with your Manager, so that you can
make a mutual decision, after exploring relevant options. Line managers will assess the
suitability of your proposal against your current role requirements and business needs.
Sponsored Study is described as any course that leads to a formal professional qualification,
e.g. ACCA, or Prince2. Some roles require professional qualification; if this is the case and you
are required to undergo such study, the FCA will pay all reasonable associated costs, providing
your Manager, HoD and Director (approval level dependent) has satisfactorily justified the
business need.
Continued Professional Development (CPD) covers events run externally to the FCA, and is not
covered by Sponsored Study. Specialist professional improvement, attendance at seminars,
conferences or summer schools; where no formal qualification or examinations from part of the
training requirements.
The budget for Sponsored Study and Continued Professional Development (CPD) is managed
by HR. The FCA reserves the right to grant or withhold funding at its discretion. In the interest
of cost efficiency the FCA also reserves the right to select providers for certain qualifications
where a preferred supplier exists and agreements are in place. Funding may be withheld where
applications can be met more cost effectively through alternatives.
Permanent FCA employees are encouraged to consider the MSc in Financial Regulation as a
way to develop in their career as a financial regulator. If you are offered a place on the MSc
programme, you will be asked to sign up to the MSc Sponsored Study Policy as a condition of
your acceptance. Please click here to access the MSc in Financial Regulation Sponsored Study
Policy.
Further details on the Time off to Train policy can be found later in this chapter.
Who is eligible?
To be eligible for sponsorship under this policy you must have 12 months continuous service at
the organisation, and have received at least a ‘2’ performance rating in the last end of year
performance review
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The FCA will not provide sponsorship if you are working at the FCA, but are not an employee.
Please note it is only possible to undertake one qualification through Sponsored Study, or the
Time off to Train Policy within a 12 month period. If you have already made a request under
this policy then you are not entitled to make a further application within the same 12 month
period of that request, under the Time off to Train Policy, and vice versa.
The FCA will in rare circumstances provide sponsorship for employees within their
probationary period. This would typically be where a continuation of study is required
originating from a previous employer. Should these circumstances arise, business justification
will be sought. HR will review the justification, and will make the final decision on supporting
such sponsorship.
The FCA will not provide sponsorship for a new study/qualification where you have failed to
complete a course or pass an examination previously funded by the FCA.
Sponsorship does not cover accommodation, travel or other incidental costs associated with
the course. These should be agreed with the line manager and, if appropriate, reclaimed
through Expenses from the local area budget.
Sponsorship is not available from HR for membership of professional bodies (unless this is a
necessary condition of being able to take a qualification offered by that body). It is your
responsibility to inform the Academy Support Team of existing membership where this permits
a discounted rate for examination entry or study materials.
The FCA will not be responsible for the additional costs incurred as a result of late entry to a
course or examination, or for cancellation fees if you are unable to sit an examination. You
need to enroll in good time, ensuring that you can commence study at the agreed start date.
Please note that it is not good practice to undertake study mid-way through a semester /
academic year, and HR reserve the right to reject your application in these circumstances.
Please ensure that your study plan takes into account time needed to devote to gaining the
qualification, and allow at least ten days for HR to process the application.
If you are on an active Performance Improvement Plan (PIP) then you are not eligible to apply
for Sponsored Study.
Your Sponsored Study Contract
By signing the Sponsored Study application form you agree to adhere to this policy, and that
the FCA will (where applicable) upon resignation deduct any monies owed (inclusive of VAT),
from your salary, during your notice period.
During the period of study you will be liable to repay the FCA 100% of the total course costs
(inclusive of VAT) if you:



Resign from the FCA before completing your Sponsored Study.
Fail to complete your Sponsored Study.
Or, are dismissed by the FCA for reasons of unacceptable conduct or capability during
your study.
Within 12 months of partial or full completion of study you will be liable to repay the FCA 50%
of the total course costs (inclusive of VAT) if you:


Resign from the FCA.
Or, are dismissed by the FCA for reasons of unacceptable conduct or capability during
their study.
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On successful completion, you are required to submit evidence e.g. copies of certificates, as
stated in the Employee Responsibility section of this policy, within 6 months of completion to
Academy Support via L&DSupport@fca.org.uk. If this is not adhered to, the FCA reserve the
right to request you pay back any associated study costs (inclusive of VAT).
In the event that membership fees are authorised within the Sponsored Study application due
to them being a pre-requisite for being able to book the specified course; the FCA reserves the
right to claw back all costs (inclusive of VAT) associated with these elements, and there is no
time limit on when they can be retrieved.
All monies due (inclusive of VAT) will incorporate any price changes (for example where study
spans multiple financial years), and if there has been additional authorised sums specifically
related to the original request.
Please note that there is no claw back requirements associated with Continued Professional
Development (CPD).
What the FCA expects from you and your management approvers’
Employee Responsibility:
Ensure that the relevant business case application is signed, dated and populated with all
details associated with your request. Please research the cost of all elements e.g. exams,
materials etc. and include all aspects within the relevant section of your application. All
documented costs must to be inclusive of VAT.
You must stipulate in the application form the benefit, to both yourself and the organisation of
undertaking the chosen study.
You must obtain approval for study before any commitment is made. Breach of this will result
in reimbursement being declined.
On successful completion, certificate evidence should be submitted, within 6 months of
completion to Academy Support via L&DSupport@fca.org.uk as stated in your Sponsored
Study Contract.
Management Approver Responsibility:
Management approvers’ (subject to the value of the request) need to ensure that they provide
a detailed business and divisional justification. For example:



Manager to provide supporting statement on the benefits of how requested
development will benefit the individual, team and the FCA.
HoD to provide supporting statement on how the requested training will meet the
priorities of the division and the FCA.
Director to provide supporting statement on the basis of the statements from Manager
and HoD collectively, taking into consideration the FCA and divisional objectives.
If the requested training could have a negative impact on health, or on the quality and
performance of the individuals’ day to day duties, then the request should be declined.
Approvers’ must stipulate the amount of agreed study leave (please refer to guidelines in the
Study Leave section of this policy).
Should the study be a requisite stipulated by the FCA, then the Manager must clearly state this
within the management approver section of the application form. If this is not documented,
then the FCA will assume that this course was undertaken through choice by the staff member,
with support of you, their manager. Upon registration the terms of repayment, as documented
their Sponsored Study Contract will be enforced.
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Fixed Term Contract Workers (FTC’s):
Where study requests are related to departmental FTC’s, management approvers are
requested to consider if Continued Professional Development would be a more suitable option
for the individual. You are invited to consider all elements associated with the FTC; in
particular the length of the Sponsored Study course vs the opportunity for the FCA to benefit
from the learning outcomes, and expectations of the role in the longer term.
What you can expect from HR
HR is tasked with ensuring value for money and effectiveness from employees learning
requests. On this basis you can expect a decision on your request within 7 – 10 working days
following submission of a fully completed application. During your study, we may contact you
to review your progress.
We reserve the right to challenge the strength of your business case to deliver optimal value
for money for the FCA.
HR reserves the right to aggregate demand. There are occasions where we experience an
increased volume of requests in a certain subject; where this is the case we may defer your
training to allow for us to organise training delivery in-house.
We reserve the right to decline any application that is incomplete.
HR reserves the right to withdraw funding, should you not have arranged your authorised
study within six months of the date of original study request. In these circumstances your
original request will be void, and you will need to submit a new application, along with all
associated elements to the request.
Final approval lies with HR / OD, and authorisation is subject to available funding.
HR reserves the right to adjust the terms of this policy on an exception basis. Where this is the
case, specific terms will be agreed and communicated.
Study Leave
Study leave is available for part-time, evening, distance learning and ‘block- release’ studies.
The business case must include justification for any ‘block-release’ or other time away from
normal working hours, required as part of the study Program. Considerable time away due to
examples outlined above, must be agreed/signed off by your line manager before submitting
your application to HR.
Sponsorship for full-time study is not available.
Study leave for study/revision/examinations is not an automatic entitlement; it is subject to
line management approval based upon business requirements and individual circumstances
and should therefore be agreed in advance of any Sponsored Study application being
submitted to HR.
On average it is suggested that around 5 days paid study leave per annum would be
appropriate. However for certain industry qualifications, time off work to attend courses may
be permitted in excess of this. This should be agreed with your line manager prior to
application, as there may be clear business reasons why this is not acceptable. For example, if
you were studying for your ACCA, 5 days study leave may be applicable. In addition, a
maximum of 2 days revision leave may be permitted for each exam plus a half-day for the
exam itself.
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Re-sits
Where re-sits are required, and it is stipulated that the study is a requirement of the role, resits may be paid for providing that the Manager, HoD, Director (approval level dependent) has
provided justification outlining the needs. Please be aware that payment will be for the cost of
exam only, and not additional courses or materials. HR will review the justification and will
make the final decision.
Where the study is being undertaken voluntarily, we may consider reimbursement of the cost
of one re-sit. You should pay for the re-sit first. When the examination is successfully passed
and evidence provided, only the cost of the examination entry may be considered for
reimbursement, the cost of further materials will not be reimbursed.
Examination costs (inclusive of VAT) will not be reimbursed if you fail the re-sit. Where costs
are reimbursed, the additional cost will form part of the agreement to repay sponsorship on
leaving the FCA (see Sponsored Study Contract for further details).
You should check first with your Manager and the Academy Support Team via
L&DSupport@fca.org.uk to ensure that there is budget available for re-sits, prior to making
any financial commitment.
Equality of opportunity
In line with the FCA’s Equality of Opportunity Policy, the FCA will strive to avoid unlawful
discrimination in all aspects of employment – including provision of Sponsored Study and
Continued Professional Development.
Who is covered by this policy?
All FCA employees are covered by the Sponsored Study and Continued Professional
Development policy. This includes employees on fixed term contracts. Any Sponsored Study or
Continued Professional Development must be completed within the duration of the contract.
Employees under fixed term contracts are subject to same claw back terms, but these will be
reclaimed over a shorter period of time.
Ownership, updates and query management
This is the FCA’s Sponsored Study and Continued Professional Development Policy as at
November 2015.
This Sponsored Study and Continued Professional Development policy is owned by the HR
Division and has been developed in conjunction with the Staff Consultative Committee.
The policy is not contractual and is subject to change at our discretion of the FCA – any
changes will be published on the intranet.
Any questions on the application of the policy should be directed to Academy Support on
extension 61094.
Contractual status of this policy
This policy does not form part of your contract of employment.
FCA Employee Handbook 2016
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Time off to Train Policy
From 6 April 2010, new legislation entitles eligible employees (including fixed-term workers) to
make a request for time off to train. This is to help develop specific skills relevant to your job,
workplace or business that will improve your effectiveness and the performance of the FCA.
While requests may involve time away from your daily duties, the main focus of the new right
is about employees and managers agreeing relevant training.
The FCA is committed to the development of our employees. We provide a comprehensive
range of learning and development opportunities and support employees undertaking selfstudy programmes.
This Time off To Train Policy enables employees to make a request to take time off to train
under section 63D of the Employment Rights Act 1996.
The legislation is aimed at employers who do not offer adequate training opportunities for their
employees. You do not have to use this right for every training request as the FCA already has
well established policies, systems and processes in place for making training requests, so
please review these before making a request under this policy.
You should continue to use Chrysalis for applying for internal training courses. For external
courses, qualifications or training you can make a request in a number of ways:

Sponsored Studies for professional qualifications funded by the FCA (see the Sponsored
Studies Policy and application process);

External courses booking process for seminars, conferences and other training that we
cannot provide internally and that will be paid for by the FCA.

Other requests for time off to train where the FCA will not cover the cost or the training or
your salary during the training can be requested under this policy.
Please note it is only possible to undertake either a qualification under the Sponsored Studies
Policy or make request for time off to train within a 12 month period. If you have already
made a request under this Time off to Train Policy then you may not make an application
within a 12 month period of that request under the Sponsored Studies Policy, and vice versa.
The FCA encourage employees who wish to develop their career by undertaking studies related
to their role and may provide time off for training under this policy, dependant upon the nature
of the course of study or qualification.
Employees not covered by this policy may still request training through the internal processes
noted above.
There is no automatic right to time off for training at all or for any specific period, to be paid
during any period you may have off to train under this policy, or for the FCA to pay for the cost
of a training course as there will always be circumstances when the FCA is unable to
accommodate a request. However, this policy aims to facilitate discussion and to encourage
both employees and managers to find a mutually agreeable solution for you to develop the
skills and knowledge required for your career at the FCA.
Principles
What you can expect from the FCA

To consider reasonable time off for relevant training.

Each request will be considered seriously and assessed on its own merits.
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
We will respond within stated statutory timeframes, unless otherwise agreed
with you.

To support employees who wish to undertake a course of study that is relevant
to the individual employee’s development and the FCA’s business.
What the FCA expects from you

You should discuss your development requirements with your line manager in the first
instance during one of your regular bilaterals – you need not wait until your development
review.

You must gain agreement from your line manager to undertake training.

You should consider internal routes for training before making an application.

You must complete the Time off to Train request form relevant to this policy.

You must record the time off to train under the Unpaid Leave Absence record via Manage
Absence Records on the HR System (PeopleHub).

You should make reasonable efforts to attend any meeting to discuss your request (and/or
an appeal). Failure to attend more than once without reasonable cause could amount to a
withdrawal (see below).

You should ensure that your training is recorded in your development plan and keep this
updated.

You should take responsibility for ensuring that you devote sufficient time to your chosen
study and ensure you manage your study around your role and your team commitments.

You will provide the FCA with confirmation of the course you are attending and evidence
via the HR Helpline once your leave has been authorised.
Line managers’ responsibilities

Line managers are expected to provide coaching and mentoring support for employees
undergoing training and development.

Line managers will discuss and help you plan the most relevant training for you and for
the FCA, but must consider internal routes first.

Line managers will review and discuss with the relevant divisional director the Time off to
Train application from employees and should consider applications in the context of Talent
Management.

Line managers have a responsibility to ensure that key skills and knowledge are shared
with less experienced staff.

Line managers must ensure that the balance is struck between business needs and
supporting staff to develop to their full potential.
The policy
Eligibility
In order to make a request you must:

Be an FCA employee;
FCA Employee Handbook 2016
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
Have worked continuously for at least 26 weeks on the date you make
your request.

You must not have a current warning under either the Disciplinary or the Performance
Management Procedure.

Your last two appraisal ratings must have been a two or above.

Not have made another application for Time off for Training or Sponsored Studies within
the last 12 months. Please note only one application can be made within a 12 month
period for either Time off to Train or Sponsored Studies, but not both.
Employees not covered by this policy may still request training through the internal processes
noted above.
Time off to Train can be combined with holiday, but not with sickness, career leave or leave
under the FCA’s Family Leave policies.
Time off to Train requests
Under this policy you can make a request to take time off to undertake training that will
improve your effectiveness in the FCA and the FCA’s performance.
Types of training
The training can be an external course, such as an accredited Programme that leads to a
qualification. Alternatively the training can be shorter unaccredited training to help you
develop specific skills relevant to your role or career at the FCA (before applying, check
whether the FCA’s internal courses will meet your request). Please note, you cannot apply for
Time off to Train under this policy, and also either sponsored studies or external courses, for
the same course/training.
Your manager and director may accept your request, but reserve the right to propose that the
training can be met in a different way (e.g. on-the-job, from within the FCA’s range of internal
courses, or through an external supplier that the FCA already uses).
Amount of time off permitted and payment
For requests made under this policy, the FCA will not cover the cost of the training, but will
consider giving you reasonable time off to undertake the training. The duration of any period
for which you take leave to train will be at the FCA’s discretion.
It may be necessary for you to take unpaid leave for some or all of the period you will be
training, or to vary your hours to work on a flexible working arrangement (See the Flexible
Working Policy).
For the time off that you request, the FCA will agree one of the following with you:

You will take unpaid leave for all or part of the period of time off to train (this may affect
your benefits);

You will vary your hours of work by making an application under the Flexible Working
Policy for the period you will be completing the training. This will be a permanent change
to your Terms and Conditions, unless agreed otherwise (i.e. the arrangement is to be
temporary for the duration of the training).
Considerations
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In considering a request for time off for training, FCA will take the following factors into
account:

Will the proposed training improve your effectiveness in the FCA in
your performance?

Will the proposed training improve the performance of the FCA?

Will there be any additional costs incurred by the FCA?

Will the proposed training have a detrimental effect on your ability to meet
your objectives?

Can worked be reorganised among existing staff?

Will the proposed training have a detrimental impact on quality?

Will the proposed training have a detrimental impact on performance?

Will there be an insufficiency of work during the periods you propose to work?
Are there planned structural changes during the proposed study or
training period?
Process for making a request under the Time off to Train Policy
(See the Time off to Train application form under “Forms” on My FCA Hub)
You should discuss your development requirements with your line manager in the first instance
to check if it can be covered by one of our internal courses, sponsored studies, etc.
If you then decide to make a request under this policy, you will be required to make a request
by fully completing the Time off to Train Request form on My FCA Hub, which is sent
electronically to HR Helpline. All applications must be signed off by your Director (or Managing
Director for Heads of Department and above). You must also record the approved time off to
train under the Unpaid Leave via Manage Absence Record on the HR System (PeopleHub).
Within 28 days of receipt of your application a meeting may be arranged between you and
your line manager. This meeting will provide an opportunity to discuss your request in depth
and to explore how it fits with your role or the work of the FCA, and if possible, how best it
might be accommodated. Your manager will discuss your request with your divisional director
because final approval of your request must be made by the director.
Within 14 days of the meeting, we will confirm in writing whether or not your request has been
agreed. If it has, a start date for your training will be agreed with you and you will be issued
with any revised Terms and Conditions. If the application cannot be accepted you will be
provided with clear business grounds as to why not. If we have been unable to reach a
decision at this point you will be notified accordingly.
Withdrawing and cancellation of a request
You will be able to withdraw your request before your manager considers it. You should only
withdraw a request if you no longer wish to pursue it. Withdrawals should be in writing and
given to your manager. If you do withdraw your request you will not be able to make a further
request for 12 months.
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Completion of training
On completion of your training you will need to send evidence that you attended the course
(copy of an invoice, dated certificates, etc.) within 6 months of completion of the course to the
HR Helpline. A copy will be retained on your e-personnel file. If you do not provide this
evidence it may result in disciplinary proceedings.
Return to work after time off to train
If you are taking a continuous block of time off to train, you should discuss with your manager
if your role will be kept open until you return to work. In most cases you will return to the
same job. If this is not possible, you will return to a similar job in the same Division as the one
that you left. The terms of the job, where possible, will be no less favourable than the job that
you left. However, if there is a business restructure while you are off, you will be included.
Appeals
If you feel that the reason for refusing your request is unjustified, you may appeal in writing.
This must be done within 14 days of the notification of the refusal. The appeal should state the
main reasons why you consider the decision to be unjustified. The appeal should be submitted
to the HR Director.
The appeal will be heard by two people who will be senior employees of the FCA one of whom
will normally be the Director of your division. They will not have been involved in the meeting
previously conducted. A member of the HR Division will also be present to take notes and,
where appropriate, give procedural guidance. The appeal will normally be held within 10
working days of receiving your written reasons for appeal.
You will normally be given at least 3 working days’ notice of the hearing.
The outcome of the appeal will be communicated to you in writing as soon as possible after the
appeal has been held.
Right to be accompanied
You may be accompanied at formal meetings by a companion, who may be a Staff
Representative or another FCA employee of your choice who may be a friend or colleague.
Please note that the fellow employee should not be a member of the HR Division. Alternatively,
you may be accompanied by a Trade Union official. The meeting may be postponed, at your
request, for up to five working days if your chosen companion is not available to attend on the
date set for the meeting.
Who is covered by this policy?
All FCA employees are covered by the Time off to Train Policy. This includes employees on
fixed term contracts.
Ownership, updates and query management
This is the FCA’s Time off to Train Policy as at June 2010. The policy is owned by the HR
Division and has been developed in conjunction with the FCA’s Staff Consultative Committee.
The policy is not contractual and is subject to change at the discretion of the FCA – any
changes will be published on the intranet.
Any questions on the application of the policy should be directed to the HR Helpline on
extension 67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
FCA Employee Handbook 2016
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Talent Management Policy
The FCA approach to Talent Management in the FCA is to ensure we have the right people in
the right roles, at the right time who have the right depth and breadth of technical knowledge
and behaviours that enable the FCA to deliver its strategic aims. For staff in the FCA, Talent
Management provides each of us with an opportunity to develop further in our current roles
and allows us to work towards our career aspirations at the FCA.
Principles
What you can expect from the FCA

Open and honest feedback conversations with your line manager around expectation
setting of current and future development and career opportunities

Honest feedback collated and given from your line manager and his/her peers

Support from your line manager in setting learning and development plans
What the FCA expects from you

Take responsibility for driving and owning your own development

Listen and act on feedback from your line manager

Work with your manager to develop and implement a personal development plan
The policy
Talent Management will ensure that all staff continues to develop themselves and contribute to
the FCA to the best of their ability. Open and honest conversations with your line manager
about your performance, career aspirations and potential will help identify your strengths and
areas for development in the short and longer term. The FCA approach to Talent Management
will also help the organisation resource plan, where appropriate develop people internally and
where appropriate ensures that the FCA has successors available to replace business critical
roles, if required.
Talent Management has been part of the FCA for several years. Business Units have spent a
number of years looking at talent management for individuals and this has now been used and
has informed the design which has resulted in the introduction of a more consistent approach
across the business.
What do we mean by Talent Management in the FCA?
Talent Management will give us:

the opportunity to provide targeted feedback, development and support to all staff,
ensuring they develop and continue to increase their depth of technical experience and
behaviour in order to help the FCA achieve its business goals;

more opportunity to give all employees honest and open feedback about their current role
and future career potential;

a consistent approach that encourages all individuals to take an active role in their
development and career whilst with the FCA;

a potential pool of people with the appropriate technical depth and breadth of experience,
who are able to take on key positions in the FCA and

assurance that all areas of the business are properly resourced.
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Who is covered by this policy?
This policy covers all employees.
Ownership, updates and query management
This is the FCA’s Talent Management Policy as at April 2009.
The policy is owned by the HR Division and has been developed in conjunction with the FCA’s
Staff Consultative Committee.
The policy is not contractual and is subject to change at the discretion of the FCA – any
changes will be published on the intranet.
Any questions on the application of the policy should be directed to the HR Helpline on
extension 67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
FCA Employee Handbook 2016
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Technical Specialist Policy
Background and purpose
Certain roles within the FCA require specialist skills and knowledge. Such roles exist to provide
specialist subject matter input rather than providing leadership or management input.
Technical Specialist (TS) roles are equivalent to Manager grade (with similar salary structures
and the same range of flexible benefits) but do not confer any line management
responsibilities.
The purpose of this Technical Specialist Policy is to provide a framework for the use of
specialists in the FCA.
Some roles in the FCA are defined as TS roles because of the specialist nature of the skills
required to perform that role. Such positions should normally be filled by an open recruitment
process (via advertisement of the role) except where there is senior management (i.e. Director
or above) agreement that the role can be filled as part of a ‘managed move’.
Cross business unit discussion (e.g. at EOC) should confirm whether there may be several
potential candidates for a given role. If it is known that there is more than one potentially
suitable candidate for a TS role, an assessment/ competitive process should always be used.
This should supersede a ‘managed move’ approach.
Some individuals may develop technical capabilities and skills over a period of time and may
be granted a promotion to a TS grade, even where the role has previously been defined and
filled as an Associate position. Such promotions will be as a result of development discussions
between an individual and his/her manager, the latter acting as ‘sponsor’ in nominating the
individual, in the first instance to the promotions panel within the business unit (comprising a
mix of HoDs and Directors from the area).
Principles
What you can expect from the FCA

If a TS role is created as a result of an individual nomination, this should conform to the
annual pay and performance review process, with any promotions becoming effective from
1 April or 1st October.
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Individual nominations are filtered by HoDs’ discussion panel (locally), followed by an SMT
panel review.
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A shortlist of candidates is drawn up for interview (with a HoD who is not part of the
individual’s line). Final candidates are approved by the Managing Director and new
appointments will be effective from 1 April or 1 October.

There is no quota of TS across the FCA – each business unit and MD (or equivalent, e.g.
COO) will agree individual conversions to TS in accordance with their business plan and
the development plans of individuals

Whilst it is usually preferable to advertise TS positions, in situations where an individual is
deemed ready for conversion, the line management sponsor will need to provide evidence
to the MD showing how that individual has developed and demonstrate that candidate’s
ability against predetermined TS role criteria.

There will be annual monitoring of the number of conversions to TS by the central Reward
& Reporting team, to prevent ‘grade drift’.
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The policy
Definition
The definition of Technical Specialist is ‘a subject matter expert who is deployed on the basis of
their deep and specific subject matter expertise and skills set and not on the basis of their
ability to manage, lead and develop a team’.
TS status is conferred either because the role requires specialist skills and experience or as a
result of an individual developing relevant specialist skills, over a set period of time, as part of
a formal learning path which has been created to meet the requirements of the local business
area. TS do not have direct reports.
Contractual Status
TS is equivalent to Manager grade within the structure and attracts the same remuneration
package as Manager grade.
Scope and Remit
It is intended that Technical Specialists will not manage people. However it is recognised that
in practice there may be the need to mentor another specialist or to manage a
PA/Administrator or one other team member (e.g. a graduate) in order to allocate work. Under
no circumstances should a TS manage a team.
Exceptions
There may be some business areas where TS currently carry additional people responsibilities
over and above those specified as part of the remit, perhaps, for example, by taking on
additional people responsibilities over time which were not originally intended to form part of
the role. In such cases, the roles will need to be agreed by the MD of the business unit and
plans put in place to transition the people responsibilities to a Manager or HoD, no later than
12 months from the effective date of this policy.
Filling TS positions
TS roles which are part of the organisational structure should be advertised. However, in some
cases (e.g. if TS positions are used as part of career development) the role may not always be
widely advertised or may not be advertised at all. However if this approach is used, great care
will need to be taken to avoid direct or indirect discrimination, for example, by ensuring that all
eligible candidates are given consideration when deciding to apply the ‘career development’
approach and that the process of decision making is objective and involves the collective
agreement of the BU SMT. During this part of the process, the BU SMT must satisfy
themselves that there are no other potential candidates by checking with relevant HoDs and
Managers, if necessary from other Business Units to ensure that we are not excluding other
potentially eligible candidates.
In some business areas, although there are some formal TS roles, individuals can develop
skills and capabilities over time which would enable them to progress to TS as part of their
personal development. This application of the TS grade (as a tool to recognise the progression
of an individual’s specialist knowledge) is vital to ensure that the FCA develops, motivates and
retains key skilled individuals. Individuals who are converted into a TS grade do so as a result
of individual development meetings with their line manager and in these cases there is no
‘open competition’; however the process (as described above) will normally be applied to
ensure fairness and transparency.
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44
Career Structure/Progression
As mentioned above, promotion from Associate to TS is used as part of individual development
and retention to maintain a pipeline of skills so that the specialist needs of the FCA continue to
be met.
Although it is not envisaged that there will be an automatic career path between TS and
Technical HoD, due to the very specialist knowledge that these roles command, progression
may be possible and would be based on a selection process open to internal and external
candidates.
As each role is stand alone and defined on its own merits it is not appropriate to put in place a
formal career path between TS and Technical HoD.
Technical Specialists will normally report to a HoD or Director but may on occasion report to a
Manager.
Salary Ranges
There are separate salary ranges aligned to each relevant job family for TS roles. Please refer
to the Performance, Pay and Benefits pages on the Employee Guidance intranet site.
Ownership, updates and query management
This is the FCA’s Technical Specialist Policy as at October 2009.
The policy is owned by the HR Division.
The policy is subject to change at the discretion of the FCA – any changes will be published on
the intranet.
Any questions on the application of the policy should be directed to the HR Helpline on
extension 67070.
Contractual status of this policy
This policy is for information only and does not form part of your contract
of employment.
FCA Employee Handbook 2016
45
Technical HoD Policy
Background
HoD roles span across all of the FCA (and also have a ‘read across’ to Senior Adviser roles
within Direct Reports). Some HoD roles require highly refined levels of technical skills and for
that reason a new grade - Technical HoD – has been introduced. Such roles will exist to
provide, exclusively, specialist subject matter input rather than also providing leadership or
management input.
Principles

What you can expect from the FCA

ExCo will approve all appointments to Technical HoD.

Base salaries and annual individual incentives of Technical HoDs will be agreed and signed
off by ExCo.

The FCA will support Technical HoDs in their continuing professional development e.g. by
supporting and actively encouraging the individual in giving talks to industry firms on
behalf of the FCA.
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Technical HoDs will be assessed against the FCA’s behavioural competencies but will not
be required to attend Executive Development Programmes.
What the FCA expects from you

Although not a part of the Senior Leadership Team, a Technical HoD will be expected to
display a collegiate and supportive attitude to the collective objectives and direction of the
FCA at all times.

Technical HoDs will be expected to develop their knowledge and skills, usually by
maintaining links with academia, government institutions and industry contacts without
compromising their FCA status.
The policy
Definition
The definition of Technical HoD is: ‘a subject matter expert who is deemed to be an industry
expert (or leading practitioner) who is recruited and deployed principally on the basis of
his/her very deep and specific skills set’.
A Technical HoD is likely to have considerable industry experience, for example, as a
consultant or adviser, or to have held a Director (or similar) position within an authorised firm.
Although Technical HoDs are not people managers or leaders, and will be recruited primarily
on the basis of their relevant specialist knowledge and expertise, they are also expected to
conform to the FCA’s behavioural competencies (and will be assessed against these).
Contractual Status
Technical HoD is a new contractual grade introduced in 2009, closely aligned to other HoD
roles and receives a similar salary range and level of benefits package. Technical HoD roles are
senior roles within the FCA but do not form part of the senior management or leadership
hierarchy. Some existing roles will fall within the remit of the THoD policy to ensure alignment
and consistency.
Scope and Remit
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46
Technical HoDs should not manage people. However it is recognised that in practice there may
be the need to mentor another specialist or to manage a PA/Administrator or one other team
member in order to allocate work. Under no circumstances should a Technical HoD manage a
team.
In addition, Technical HoDs are not considered as part of the Senior Leadership Team which
comprises HoDs s, Directors and MDs (or equivalent e.g. COO) all of whom are responsible for
delivering the FCA’s business plan including the leadership and people development activities
that this entails.
The separation of Technical HoDs from the Senior Leadership Group makes it easier to manage
communications to, and engagement of, the leadership team.
Technical HoDs will be excluded from the Talent Management Review, as this initiative reflects
upon leadership capability which falls outside the scope of the Technical HoD role.
Filling Technical HoD positions
All business areas identifying the need for a Technical HoD role will be required to secure ExCo
agreement to the business case.
New Technical HoD roles will normally be advertised to ensure the best candidate is recruited,
although it would not normally be anticipated that such experts will be readily sourced from
within the FCA due to the specific and specialist industry expertise sought.
Career Structure/Progression
Although it is not envisaged that there will be an automatic career path between TS and
Technical HoD roles, due to the very specialist knowledge that these roles command,
progression may be possible and would be based on a selection process open to external
candidates.
Technical HoDs will normally report to a Director or MD (or equivalent e.g. COO) but may on
occasion report to another HoD.
Technical HoDs in Supervision areas will fall within the remit of T&C by the end of 2009,
whether they are client facing or not.
Salary Ranges and Individual incentives
Technical HoD salary ranges.
Although the base salary range is aligned with other HoD salary ranges, annual individual
incentives will not be subject to the 40:40:20 weighting, as this reflects leadership attributes.
Ownership, updates and query management
This is the FCA’s Technical HoD Policy as at October 2009.
The policy is owned by the HR Division. The policy is subject to change at the discretion of the
FCA – any changes will be published on the intranet.
Any questions on the application of the policy should be directed to the HR Helpline on
extension 67070.
Contractual status of this policy
This policy is for information only and does not form part of your contract
of employment.
FCA Employee Handbook 2016
47
4.
Ensuring Fair Treatment
Corporate Responsibility and Inclusion Statement
Our overall commitment to our Corporate Responsibility (CR), including equality, diversity and
inclusion (EDI) is set out in the FCA Business Plan, CR Strategy and objectives. All FCA staff
are expected to demonstrate this commitment, as a minimum, through the FCA’s Cultural
Characteristics, Corporate Citizen Behavioural Competency, and compliance with the Equality
of Opportunity and Bullying & Harassment policies.
FCA senior management are expected to:
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Create a positive working environment in which all individuals are able to make best use of
their talents to help us achieve our vision to be an employer of choice and a better
regulator.
Lead from the top by role modelling positive behaviours (set out in the Behavioural
Framework and SLT objectives), challenging unacceptable behaviours and reinforcing
positive behaviours.
Monitor the profile of our employees across the protected characteristics in different
areas of employment and take steps to address any issues and to improve the diversity
of our workforce.
Encourage all employees to develop their skills and qualifications and to take advantage of
opportunities for progression, promotion and development within the organisation.
Take seriously all complaints, whether raised informally or formally through the Equality
Complaints Procedure), and take appropriate action.
Protect anyone who makes a complaint in good faith about an equality matter, or acts
as a witness or supports a colleague.
FCA staff, irrespective of job level, are expected to:
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Take personal responsibility for creating and maintaining a positive working environment in
which, discrimination, victimisation, bullying and harassment are not tolerated, and where
we treat each other with dignity and respect.
Value difference and respect the contributions everyone makes to the FCA.
Have a good level of understanding of our EDI obligations and behave as a representative
of the FCA at all times, including the various ways we interact with other, at work-related
social events and on social networking sites.
Include EDI priorities within our business operations, policies, training and practices.
Demonstrate behaviours set out in the FCA’s Cultural Characteristics and Behavioural
Framework;
Undertake relevant EDI training (e.g. Diversity in the Workplace elearning, Recruitment
elearning and “Successful Interviewing” workshop).
Support the FCA, when requested, in the investigation of any complaints made under the
Equality Complaints Procedure.
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48
Equality of Opportunity Policy
Statement of intent and purpose
Our FCA’s Corporate Responsibility & Inclusion Statement sets out senior management’s
strategic commitment to promoting equality, diversity and inclusion (EDI). It also outlines the
expectations we have of all FCA staff in how they treat each other, and the type of working
environment we create through the FCA’s Cultural Characteristics and Behavioural Framework.
We want all staff to be clear about the behaviours and actions that are discriminatory to help
prevent this type of treatment and continue to make the FCA a positive place to work. We also
want staff to feel comfortable raising issues under this policy as soon as possible, so that we
can provide support and take appropriate action to resolve the situation.
To support this, our Equality of Opportunity Policy demonstrates our commitment to
eliminating discrimination in all areas of our work as an employer (including recruitment,
training, learning and development, access to facilities, reward and benefits, flexible working,
disciplinary, performance management, grievance and leaving procedures). We will take all
complaints seriously, whether raised informally or formally under our Equality Complaints
Procedure.
We will not tolerate any form of discrimination or victimisation on the basis of any of the
‘protected characteristics’ of age, disability, gender reassignment, marital or civil partner
status, pregnancy or maternity, race (to include colour, nationality, ethnic or national origin),
religion or belief, sex or sexual orientation (see Annex 1).
The principles of equality of opportunity also apply to the way in which we treat visitors,
clients, customers, suppliers and former staff members.
All staff have a duty to act in accordance with this policy and to treat colleagues appropriately
at all times and not to discriminate against, harass or victimise others, regardless of their
status. Further information on bullying and harassment can be found in our separate Bullying
and Harassment Policy. Please make sure you are aware of your obligations in the Corporate
Responsibility & Inclusion Statement.
Who and what are covered by this policy?
This policy covers:


all individuals working for the FCA at any of its premises, irrespective of their employment
or contractual status, level or grade - it therefore includes all people managers, employees,
contractors, agency staff and anyone else engaged to work on behalf of the FCA;
discrimination within the workplace and/or at work-related events such as business trips
and/or social events.
Scope of the Policy
Definitions
Discrimination in employment happens as a result of bias, prejudice, misconception and
stereotyping. This can mean that an individual’s talents, skills, abilities, potential and
experience are not considered fairly. It might not be intentional but, as well as being unfair, it
is also a breach of the Equality Act 2010. The various types of discrimination are described in
Annex 1.
The legal aspects of EDI are also covered in the FCA’s mandatory Diversity in the Workplace
elearning module for all staff (available through Intuition) and Annex 1 below. Temporary staff
and contractors are also encouraged to undertake this training. We have a separate Bullying
and Harassment Policy.
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49
Complaints and support available
You may experience or witness behaviours from an individual or group that you feel are
unacceptable within the legislation (i.e. the Equality Act 2010 - see Annex 1) as set out in this
policy. We understand that this can be a difficult time, so we have set out a number of ways
you can deal with such issues, either informally or formally, and provided information on the
support that is available. We believe that, wherever possible, issues are best dealt with
promptly and informally. The Equality Complaints Procedure outlines various options available
to you to raise concerns.
Discrimination will not be tolerated by the FCA. Employees found to have discriminated are
likely to face disciplinary action up to and including dismissal. Similarly, employees who raise
allegations of discrimination in bad faith or provide false information may also face disciplinary
action.
Ownership and updates
This is the FCA's Equality of Opportunity Policy as at April 2013.
The policy is owned by the HR Division and has been developed in conjunction with the FCA's
Staff Consultative Committee, Executive Diversity Committee, Corporate Responsibility Team,
and representatives from the internal Staff Network Groups.
The policy is not contractual and is subject to change at the discretion of the FCA – any
changes will be published on the intranet.
The policy will be monitored and reviewed every two years.
Any questions on the application of the policy should be directed to the HR Helpline on
extension 67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
Annex 1: The Equality Act 2010 and definitions of discrimination
Protected characteristics
It is unlawful to discriminate directly or indirectly because of age, disability, gender
reassignment, marital or civil partner status, pregnancy or maternity, race (including colour,
nationality, ethnic or national origin), religion or belief, sex or sexual orientation, each being a
‘protected characteristic’ for the purposes of the Equality Act 2010.
Types of unlawful discrimination
Discrimination by or against an employee is generally prohibited unless there is a specific legal
exemption. Discrimination may be direct or indirect and it may occur intentionally or
unintentionally. Employees can be held personally liable as well as, or instead of, the FCA for
any act of unlawful discrimination.
Direct discrimination occurs when a person is treated less favourably than another because
of a protected characteristic they have or are thought to have (see ‘perceived discrimination’
below), or because they associate with someone who has a protected characteristic (see
‘associative discrimination’). For example, rejecting a job applicant because of their race would
be direct discrimination.
Indirect discrimination occurs when someone is disadvantaged by an unjustified provision,
criteria or practice that also puts other people with the same protected characteristic at a
particular disadvantage. For example, a requirement to work full time may put women at a
FCA Employee Handbook 2016
50
particular disadvantage if they are a primary carer and therefore have greater childcare
commitments. Such a requirement will be unlawful unless it can be objectively justified.
Associative discrimination is direct discrimination against someone, not because they
themselves have a particular protected characteristic, but because they associate with
someone who has a protected characteristic. For example, a non-disabled employee might
bring a direct disability discrimination claim where they have been treated less favourably
because they have a disabled child.
Perceived discrimination is direct discrimination against someone, not because they have a
protected characteristic, but because they are incorrectly perceived by others to have a
protected characteristic. For example, an employee might bring a direct religious
discrimination claim where they have been treated less favourably because the employer
wrongly believes them to be a certain religion.
Failure to make reasonable adjustments occurs when working arrangements disadvantage
an individual because of a disability and reasonable adjustments are not made to overcome
the disadvantage and enable the person access to a particular role. It is unlawful to treat
someone less favourably because of disability or to fail to make reasonable adjustments to
overcome barriers to or in employment caused by disability. The duty to make reasonable
adjustments includes removing, adapting or altering physical features if these features make it
impossible or unreasonably difficult for disabled people to make use of services and/or to
perform the duties of their job. It could also include changes to a job role or working hours to
accommodate a disabled employee.
Harassment occurs when someone engages in unwanted conduct which has the purpose or
effect of violating someone else’s dignity or creating an intimidating, hostile, degrading,
humiliating or offensive environment for them. Unlawful harassment may involve conduct of a
sexual nature (sexual harassment) or it may be related to age, disability, gender
reassignment, marital or civil partner status, pregnancy or maternity, race (including colour,
nationality, ethnic or national origin), religion or belief, sex or sexual orientation. Employees
who commit serious acts of harassment could be charged with a criminal offence. Harassment
is dealt with further in our Bullying and Harassment Policy.
Victimisation - It is unlawful to victimise someone because they have alleged unlawful
discrimination, instigated an investigation under the Equality Complaints Procedure, issued
discrimination proceedings, raised a concern under the FCA’s Whistleblowing Policy
or supported someone else who has made a complaint or given evidence in relation to a
complaint or proceedings.
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Bullying and Harassment Policy
Statement of intent and purpose
Our FCA’s Corporate Responsibility & Inclusion Statement sets out senior management’s
strategic commitment to promoting equality, diversity and inclusion (EDI). It also outlines the
expectations we have of all FCA staff in how they treat each other, and the type of working
environment we create through the FCA’s Cultural Characteristics and Behavioural Framework.
We want all staff to be clear about the behaviours and actions that amount to bullying and
harassment, to help prevent this type of treatment and make the FCA a positive place to work.
We also want staff to feel comfortable raising issues under this policy as soon as possible, so
that we can provide support and take appropriate action to resolve the situation.
To support this, our Bullying and Harassment Policy demonstrates the FCA’s commitment to
eliminating bullying and harassment in all areas of our work. Please make sure you are aware
of your obligations in the Corporate Responsibility & Inclusion Statement.
We will not tolerate bullying or harassment in any area of our work as an employer. We will
take all complaints seriously, whether raised informally or formally under our Equality
Complaints Procedure.
Consequences of bullying and harassment
Bullying and harassment can have serious consequences for both individuals and the FCA. It
can make people unhappy, stressed, affect their work, family and social relationships, their
work performance and, in severe cases lead to mental illness. For the FCA it can lead to low
staff morale, poor performance, increased turnover and absence, legal claims and reputational
damage.
Employees found guilty of bullying or harassment are likely to face disciplinary sanctions up to
and including dismissal. Serious harassment may be a criminal offence under the Protection
from Harassment Act 1997.
Who and what are covered by this policy?
This policy covers:


all individuals working for the FCA at any of its premises, irrespective of their employment
or contractual status, level or grade - it therefore includes all people managers, employees,
contractors, agency staff and anyone else engaged to work on behalf of the FCA;
bullying and harassment within the workplace and/or at work-related events such as
business trips and/or social events.
Scope of this policy and the law
Definitions
Definitions of discrimination, victimisation, and protected characteristics can be found in Annex
1 of the Equality of Opportunity Policy and our Diversity in the Workplace elearning module.
The Equality of Opportunity Policy deals with discrimination and victimisation.
Harassment
occurs when someone engages in unwanted conduct which has the purpose or effect of
violating someone else’s dignity or creating an intimidating, hostile, degrading, humiliating or
offensive environment for them. Unlawful harassment may involve conduct of a sexual nature
(sexual harassment) or it may be related to age, disability, gender reassignment, marital or
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52
civil partner status, pregnancy or maternity, race (colour, nationality, ethnic or national
origin), religion or belief, sex or sexual orientation. It is important to understand that:
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A single serious incident may amount to harassment.
A person may be harassed even if they were not the intended “target” of the behaviour in
question. For example, a person may be harassed by racist jokes about a particular ethnic
group to which they do not belong provided the jokes create an offensive environment for
them.
A person need not possess the relevant protected characteristic themselves, but may be
harassed on the basis of their association with another person who has a protected
characteristic or on the basis of a perception that they have a protected characteristic
(even if that perception is wrong).
Conduct may amount to harassment even if there was no intention to offend. Provided the
conduct has the effect of violating someone else’s dignity or creating an intimidating,
hostile, degrading, humiliating or offensive environment for them (even if that was not the
purpose of the behaviour), the behaviour will amount to harassment.
Remember that
what one person may find funny may offend another but it makes no difference that not
everyone would find the conduct offensive. We all have different perceptions; it is up to the
individual to decide what they consider to be unwanted conduct.
The FCA may in certain circumstances be liable for harassment of its employees by third
parties such as clients or suppliers – namely where it knows that an employee has been
harassed by a third party in the course of their employment on at least two other occasions
(whether or not the third party was the same person on each occasion) but it failed to take
reasonable steps to prevent further harassment. This underlines the importance of
reporting to the FCA any incidences of harassment which you experience or witness.
Examples of Harassment
Harassment may be physical, verbal or non-verbal. Examples of harassment may include but are
not limited to:
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unwanted physical contact ranging from touching to serious sexual or physical assault invading someone’s personal space may amount to harassment;
verbal conduct such as sexist, racist, ageist and/or homophobic comments or innuendo;
derogatory remarks about any individual or group with a protected characteristic; offensive
slogans, insults, comments of a personal nature; suggestive remarks, nicknames,
inappropriate ‘banter’, jokes or language;
unwanted non-verbal conduct, including sexually suggestive behaviour and/or gestures,
staring and leering, or other unwanted sexual attention or advances;
the display, storage or circulation of offensive material (including information held on or
accessed by computer) by whatever means;
conduct that threatens, ridicules, intimidates or abuses, undermines or undervalues an
individual including derogatory or degrading remarks or insults, offensive comments about
appearance or dress, spreading malicious rumours;
open aggression, obscenities, uncontrolled anger;
belittling in front of others, persistent criticism or sarcasm;
suggestions that sexual favours may result in career advancement or some other employment
benefit (or that refusal of such suggestions may result in some form of detriment); or
unfair treatment, which might include deliberately excluding someone from social activities
because they have or are perceived to have a protected characteristic or associate with a
person who does.
The above is by no means an exhaustive list and harassment may come in another form not
shown here.
Bullying
There is no specific legal definition of bullying but it is considered to be offensive, abusive,
intimidating, malicious or insulting behaviour and/or a misuse of power which makes the
‘target’ feel upset, threatened, humiliated, vulnerable and/or undermined. Bullying can be
FCA Employee Handbook 2016
53
difficult to recognise as it may be subtle and not always face-to-face; for example, bullying
may take place through social networking sites or via text messages and it tends to be more
than one single act carried out over a period of time.
Examples of bullying may include but are not limited to:
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persistent unnecessary criticism;
shouting at colleagues, whether in public or private;
deliberately isolating a person by ignoring or excluding them;
withholding information or removing areas of responsibility from a person without
justification;
taking credit for others work, but never the blame when things go wrong;
spreading malicious rumours;
making inappropriate personal comments;
blocking leave or training applications without reason;
setting objectives with impossible deadlines with the deliberate intention of undermining an
individual;
deliberately misrepresenting the views of others, including senior management to the
individual; and/or
undermining a person's self-respect by condescending or threatening treatment that
humiliates, intimidates or demeans.
Complaints and support available
You may experience or witness behaviours from an individual or groups that you feel are
unacceptable under this policy. We understand that this can be a difficult time, so we have set
out a number of ways you can deal with such issues, either informally or formally, and
provided information on the support that is available. We believe that, wherever possible,
issues are best dealt with promptly and informally. The Equality Complaints Procedure outlines
the various options available to you to raise concerns.
Neither bullying nor harassment will be tolerated by the FCA. Employees found to have bullied
and/or harassed are likely to face disciplinary action up to and including dismissal. Similarly,
employees who raise allegations of bullying and harassment in bad faith or provide false
information may also face disciplinary action.
Ownership, updates and query management
This is the FCA's Bullying and Harassment Policy as at April 2013.
The policy is owned by the FCA’s HR Division and has been developed in conjunction with the
FCA's Staff Consultative Committee, Executive Diversity Committee, Corporate Responsibility
Team, and representatives from the internal Staff Network Groups.
The policy is not contractual and is subject to change at the discretion of the FCA – any
changes will be published on the intranet.
The policy will be monitored and reviewed every two years.
Any questions on the application of the policy should be directed to the HR Helpline on
extension 67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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54
Equality Complaints Procedure
Statement of intent and purpose
Our Equality of Opportunity and Bullying and Harassment policies confirm our commitment to
eliminating discrimination, victimisation, harassment (as defined by the Equality Act 21010)
and bullying. Our Corporate Responsibility and Inclusion Statement outlines the expectations
we have of all staff and management in their behaviours to others through the FCA’s Cultural
Characteristics and Behavioural Framework.
If you feel you have been unlawfully discriminated against, or the subject of bullying,
harassment or victimisation, we encourage you to raise this as soon as possible. If we are
made aware of the issues, we can address them appropriately, while providing you with the
level of support that you need to address the situation. We understand that experiencing such
situations can be a difficult and upsetting time. Therefore, we want to provide a framework for
addressing such complaints in a way that you feel comfortable with.
This procedure explains in detail where you can get help and suggests a number of ways that
you can raise any incidents that you experience or witness, either informally or as a formal
complaint. We have a formal complaints procedure in place to meet our legal obligations set
out in the ACAS Code of Practice on Disciplinary and Grievance Procedures, but it is your
decision whether you want to use this route to address your complaint. We also give a number
of examples of informal ways you can raise complaints and note various people you can speak
to for advice.
This procedure is separate from our Grievance Procedure which is used for all other
employment-related complaints that are not connected to an equality matter.
Principles
What you can expect from the FCA
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We will take all complaints seriously and aim to investigate and address any complaint as
quickly as possible.
We will provide you with support through one or more of the contacts noted in the
‘Support’ section.
We will deal with all complaints sensitively and maintain confidentiality to the maximum
extent possible.
You will not be penalised for raising a complaint in good faith under this procedure
(whether informally or formally) or supporting someone who is raising a complaint.
We will establish the facts, conducting an investigation where required.
We will provide support to all those involved in investigating the complaint - the
complainant, the respondent and any witnesses.
What the FCA expects from you
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

If you witness an incident that you believe is in breach of our Equality of Opportunity or
Bullying and Harassment policies, where the subject is an FCA employee, contractor,
agency staff, supplier, client, or anyone else engaged to work on behalf of the FCA, you
should follow one of the steps to making a complaint.
You must cooperate with any investigation under this procedure, whether you are the
subject of the incident(s), a witness, or the person accused of the incident. We understand
this can be difficult, so please be aware of the various levels of support available to you.
You must maintain confidentiality at all times.
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How to make a complaint (informally or formally)
Allegations of discrimination, victimisation, harassment and/or bullying can often be quickly
and effectively addressed if they are raised at an early stage and dealt with promptly. We
appreciate that making complaints of this kind can be difficult and sensitive and takes courage
to do so. We therefore want to make sure that our staff are aware they have a variety of ways
to deal with such matters.
The Procedure provides a staged approach for dealing with concerns fairly and reasonably
according to the circumstances surrounding them, and the seriousness of the complaint. While
we want you to choose the option that you feel most comfortable with, the matter may have to
be referred through a more formal route if the investigator feels it would be more appropriate
in the circumstances. This is because, as an employer we have a duty to protect our staff and
may have to pursue the matter independantly if we consider it appropriate to do so. If this is
necessary, we will explain our reasons to you and provide you with appropriate support.
Support
The following people or teams can offer you support with your complaint, whether you raise it
informally or formally. You can talk to them in confidence and they will provide advice on how
best to deal with your situation. For clarity, these people or teams can be contacted for any
incidences of bullying and harassment on the grounds of race, disability, sex, gender
reassignment, pregnancy and maternity, religion or belief, marriage or civil partnership, sexual
orientation or age (protected characteristics for the purposes of the Equality Act 2010).








A member of the Corporate Responsibility Team (CRT);
HR Helpline (who may refer you to another HR colleague);
Staff Representative
Another trusted colleague you feel could help;
Equal Opportunities Officer;
FCA’s employee assistance programme – a confidential external helpline;
Specialist external helplines – e.g. National Bullying helpline;
Co-chairs of the FCA’s LGBT staff network group.
Stage
Led by
Timescales
Support available
Speak to or email the
person(s) directly, if you
feel comfortable to do so
The employee
who raised the
complaint
As soon after
the event as
possible
Any of the
individuals/teams noted
above
Speak to your line
manager or another
trusted senior colleague
you feel comfortable with
and you think could help
The employee
who raised the
complaint
As soon after
the event as
possible
Any of the
individuals/teams noted
above
A facilitated discussion
with the individual(s)
HR, FCA employee
or an external
specialist provider
As soon after
the event as
possible
Any of the
individuals/teams noted
above
Your HoD/Director
(decision maker)
or one from a
different division
Outcome within
20 working
days (unless
otherwise
informed)
Staff Rep; colleague,
companion, Employee
Assistance Programme
(EAP), CRT
Informal options
Formal stages
Formal complaint – stage
1
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Formal complaint – stage
2 appeal
Equal
Opportunities
Officer (decision
maker)
As above
Staff Rep; colleague,
companion, EAP, CRT
Options to resolve issues informally
Often the best way to address issues is to try to sort them out informally and as soon after
they occur as possible. The person(s) may not know that their behaviour is upsetting or
offending you, so you may feel that you can discuss this with them directly, or with the
support of your manager or another person you feel comfortable with, (see support section
above). Tackling the situation using one of the examples noted below may also help to prevent
issues escalating to a point that you feel your only option is to raise a formal complaint (as set
out below).You could address your complaint in a number of ways. For example:
 With the individual: speak to or email the person creating the problem to point out that
their behaviour is unwelcome, upsetting or offensive to you and ask that they stop.
 With your manager or another person you feel comfortable with: raise the issue
with your line manager or another trusted senior person within the FCA. Ask them to set up a
meeting between the parties involved with your chosen source of support in attendance. At
this meeting you may want the manager/other person to speak on your behalf, or you may
feel comfortable in addressing the issue yourself.
 You may not be comfortable being present at the meeting and so you could ask
your manager/other trusted person to meet with the individual to discuss the issue
on your behalf: as you won’t be present at the meeting, agree the message you want them
to give to the individual, including the behaviour that you want to stop;
A facilitated discussion between you and the individual(s) you are complaining
about: This would involve a meeting led by an impartial third party such as a member of HR,
another FCA employee or someone from a specialist external provider, all of whom are trained
to deal with such situations. For this approach, all parties must be willing to attend the
meeting. All parties will be given the opportunity to comment and the facilitator’s role will be
to support you in trying to reach an agreed way forward to resolve the issue.
Whichever of the suggestions above that you may decide to use, it will be helpful for you to
consider and be prepared to discuss the following:





What the issue or behaviour was that upset you;
How it made you feel;
What you would like to change for the future;
What outcome you are seeking;
Whether you feel the issue can be resolved.
Formal stage (start of the FCA’s Equality Complaints Procedure)
Stage 1: formal complaint – Head of Department or Director: if you don’t feel that you
can address the matter informally, the complaint is too serious, or you have been unsuccessful
in trying to address the matter informally, you can raise a formal complaint in writing to your
HoD or Director. You should try to do this as soon after the incident as possible. If your HoD
and Director are both directly involved in the allegations or you do not feel comfortable raising
it with them, you should contact the Employee Relations Specialist who will arrange for a HoD
or Director from a different division to hear your complaint.
Allegations will be taken seriously, treated confidentiality to the maximum extent possible, and
investigated as quickly as possible. Employees will be protected against victimisation for
making a complaint or supporting a complainant in making a complaint (see Protection
section).
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Remember that there are a number of people you can talk to for advice and support (see the
“Support” section above”). If you haven’t already done so, it may be helpful to speak to one of
them before making your final decision to raise a formal complaint.
Making the complaint
In making a complaint under this procedure, you should state in your written complaint:






the name of the person whose behaviour you believe amounts to discrimination, bullying,
harassment or victimisation;
the type of behaviour that is causing offence, together with specific examples or
documentation;
dates and times when and where the incident(s) occur(red);
the names of any employees who witnessed the incidents, or who themselves may have
experienced similar behaviour by the same person;
any action that you have already taken to try to deal with the unwanted behaviour; and
how you would like the matter to be resolved.
Investigation
The HoD/Director (decision maker) has a duty to ensure the complaint is investigated
thoroughly, objectively and as discreetly as possible.
Investigations will typically involve:




speaking to you to so that you can give your account of events and how you think your
complaint can be addressed;
speaking to the person(s) who is allegedly responsible for the behaviour (who has a right
to be told the details of the allegations against them so that they can respond) to hear
their account of events;
speaking to any witnesses; and
gathering and reviewing any relevant documentation (e.g. policies, copies of emails).
Investigatory meetings will normally be carried out by an investigator appointed to support the
HoD/Director; they will not have been involved in the case previously. The investigator may be
a member of the HR Division or another FCA employee who has been trained in managing
investigations.
Information relied upon for the purpose of decision making (e.g. meeting notes, emails,
documents, etc.) will be provided to you (as the complainant), so you can consider your
response. In exceptional circumstances, some information may have to remain confidential or
be redacted, but this will be explained to you and an appropriate summary of the information
provided.
Where your complaint is about an employee, we may consider suspending them on full pay
pending the outcome of the investigation, if circumstances require. We will also consider
whether it is appropriate to make any changes to your working arrangements or that of the
person(s) you have raised the complaint against during the investigation. For example, it may
be appropriate to make changes to your duties, your working hours and/or your place of work
or those of the person you have complained about to minimise contact between you during the
investigation. Although our decision as to any such changes will be final, as far as reasonably
practicable, we will seek to agree a suitable solution with all parties.
Where your complaint is about someone other than an employee such as a contractor,
customer, supplier or visitor, we will consider what action may be appropriate to protect you
and anyone involved pending the outcome of the investigation, bearing in mind the FCA’s
reasonable needs and the rights of that person. Where appropriate, we will discuss the matter
with the third party.
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Meeting to hear your complaint
You will be invited to a meeting to discuss the details your complaint. We will aim to hold the
meeting as soon as reasonably practicable - ideally within 10 working days of receiving your
written complaint (subject to the completion of any prior investigation). At this meeting, you
will be asked to explain your complaint and how you think it can be addressed.
A member of the HR Division will be present to provide procedural advice, as well as your
companion should you choose to bring one (see section, “Right to be accompanied”).
Right to be accompanied
You are entitled to be accompanied at any formal meeting to hear your complaint by a
companion who may be a Staff Representative or another FCA employee of your choice who
may be a friend or colleague. Please note that the fellow employee should not be a member of
the HR Division. Alternatively, you may be accompanied by a Trade Union official. You may
confer with your companion during the meeting, and they may address the meeting, but may
not answer questions on your behalf.
The meeting may be postponed, at your request, for up to 5 working days if your chosen
companion is not available to attend on the date set for the meeting. If your companion cannot
make the revised date, you will need to find an alternative companion.
The outcome
As soon as possible following the meeting to hear your complaint (ideally within 20 working
days, unless you are informed otherwise), the HoD/Director will decide on what action, if any,
to take. The complaint may be wholly upheld, partially upheld or wholly rejected. The
HoD/Director will inform you of their decision in writing and offer you the option of meeting
face-to-face.
If your complaint is upheld in whole or in part, prompt action will be taken to address the
discrimination, victimisation, harassment and/or bullying.
Where the person(s) who has allegedly carried out the bullying or harassment is an employee,
the matter may be dealt with as a case of possible misconduct or gross misconduct under the
Disciplinary Procedure.
Where the person(s) who has allegedly carried out the bullying or harassment is a third party,
appropriate action might include speaking or writing to the person and/or their superior about
their behaviour or, in very serious cases, banning them from the premises or terminating the
FCA’s contract with them.
Whether or not your complaint is upheld, we will consider how best to manage the on-going
working relationship between you and those about whom you have complained. We may
consider it appropriate to arrange some form of mediation and/or counselling, or to change the
duties, working location or reporting lines of one or both parties. In such situations, we will
consider each case on its own merits.
Any person who deliberately provides false information or otherwise acts in bad faith in making
a complaint or as part of an investigation may be subject to action under the FCA’s Disciplinary
Procedure.
Stage 2: the right of appeal to the Equal Opportunities Officer
If you are dissatisfied with the outcome of your complaint, you can appeal to the Equal
Opportunities Officer. You should appeal in writing within 10 working days of receiving the
decision in Stage 1.
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The Equal Opportunities Officer may nominate a representative to hear the appeal on their
behalf. A meeting will be held with you and the Equal Opportunities Officer or their
representative to discuss the grounds of your appeal. This will usually take place within 10
working days of receipt of your notice of appeal (subject to the need to carry out any further
investigations arising from your grounds of appeal). You may be accompanied at the appeal
hearing (see the Right to be Accompanied section).
You will be informed in writing of the decision of the Equal Opportunities Officer (or their
nominated representative) ideally within 20 working days of the appeal hearing. Their decision
will be final.
Timelines
The timelines provided in the procedure are intended as a guideline. Although we will make
every effort to conclude the investigation and determination of your complaint within the
specified timescales of this procedure, it may prove impossible to meet these timelines – for
example if key individuals are out of the office for any reason, or there are a number of
witnesses to be spoken to. Similarly, the timescales may need to be extended if the matter is
particularly complex and requires detailed investigation. In these circumstances you will be
told the date by which you can expect a response and every effort will be made to complete
the process as quickly as possible.
Protection
Those who make complaints or who participate in good faith in any investigation conducted
under this Equality Complaints Procedure must not suffer any form of retaliation or
victimisation as a result.
If you believe you have suffered any such treatment you should immediately inform your
Director or the HR Helpline who will advise you on next steps.
Anyone found to have retaliated against or victimised someone for making a complaint or
assisting in good faith with an investigation under this procedure will be subject to disciplinary
action under our Disciplinary Procedure.
Who is covered by this procedure?
This procedure covers all FCA employees.
Ownership, updates and query management
This is the FCA's Equality Complaints Procedure as at April 2013.
The procedure is owned by the HR Division and has been developed in conjunction with the
FCA's Staff Consultative Committee, Executive Diversity Committee, Corporate Responsibility
Team, and representatives from the internal Staff Network Groups.
The procedure is not contractual and is subject to change at the discretion of the FCA – any
changes will be published on the intranet.
The procedure will be monitored and reviewed every two years.
Any questions on the application of the procedure should be directed to the HR Helpline on
extension 67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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5.
Family Leave
Adoption and Surrogacy Policy
We want to support adoptive and surrogate parents and to help them prepare for the
placement of their child. The information below explains what we can offer you in terms of
time off, pay and support. Our policy includes statutory requirements and entitlements when
adopting as well as more generous occupational benefits. We also extend our provisions to
support the intended parents in a surrogate arrangement. The FCA’s policy on adoption and
surrogacy leave is split into three parts:

Adoption leave and pay for individuals who adopt; or the ‘main adoptive parent’ where a
couple adopt jointly. You may decide with your partner who takes main adoption leave.

Paternity adoption leave for the ‘supporting parent’ i.e. the partner of an individual who
adopts or the other member of a couple who adopt jointly.

Adoption leave and pay for individuals (intended parents) starting a family through a
surrogacy arrangement who obtain legal rights through a parental order.
Principles
What you can expect from the FCA

When returning from Ordinary Adoption Leave (OAL) you will be able to return to the
same job on the same terms and conditions as if you had not been absent.

When returning from Additional Adoption Leave (AAL) we will try to ensure you return to
the same job on the same terms and conditions. If this is not reasonably practical we will
support you to find an alternative job on comparable terms and conditions.

We will give you enhanced adoption pay where you are eligible to receive Statutory
Adoption Pay.

We will offer intended parents (who start a family through a surrogacy arrangement and
obtain legal rights through a parental order) the same provisions as adoptive parents.

We will give you paid time off during working hours to attend two pre-adoption meetings
or two antenatal appointments with the birth mother in a surrogacy arrangement.
What the FCA expects from you
You must:

Comply with all of the eligibility and notification requirements detailed in this policy.

Make a flexible working request in good time if you want to vary your working pattern
prior to or on your return to work.

Make sure you use all of your core and bank holiday entitlement either before you start
adoption leave or at the end of your leave period (where possible in the same holiday
year) before returning to work.

Give the relevant notice as stated in your contract if you decide not to return
to work.
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The policy
Definitions

‘Expected week of placement‘ (UK adoptions) – the week that the child is anticipated to
be placed for adoption with you and your partner;

‘Matching certificate’ (UK adoptions) – confirms that the named person(s) has been
matched with a child for adoption; and

‘Official notification’ (overseas adoptions) – a certificate issued by, or on behalf of, the
relevant domestic authority (usually the Department for Education), that confirms that the
adopter has been approved as being a suitable adoptive parent.

‘Parental Order’- is designed for surrogacy and reassigns parenthood and parental
responsibility fully to both intended parents.

‘Partner’ means the supporting parent who will share responsibility for bringing up the
child. They can be of the same or opposite sex and may be your spouse, civil partner or
be living with you.
Adoption Leave and Pay
Eligibility
To qualify for adoption leave, you must:

be newly matched with a child for adoption by an approved adoption agency (UK
adoptions) / have received official notification from the relevant UK authority of your
eligibility to adopt a child (overseas adoptions);

have notified the adoption agency that you agree the child should be placed with you for
adoption and of the date of placement (UK adoptions);

provide a matching certificate of evidence of your entitlement to adoption leave (UK
adoptions) / a copy of the official notification (overseas adoptions).
You will not be eligible for adoption leave and pay if your child is not newly matched for
adoption, for example, if you are a step-parent adopting your partner’s children or a foster
child who is already living with you.
Notification requirements
You need to tell us in writing within 7 days of being notified by your adoption agency that you
have been matched with a child for adoption, or as soon as reasonably practicable after that.
Your written notification to the HR Helpline should give the dates:

you were notified of being matched with a child;

the child is expected to be placed with you; and

when you want your adoption leave to start (see below, “Starting adoption leave”).
At the same time you must provide a copy of your matching certificate (UK adoptions) / a copy
of the official notification (overseas adoptions).
If you wish to claim Statutory Adoption Pay (SAP), you must also give the HR Helpline written
notice of your wish to claim SAP – you can get a form for this from the HR Helpline- and you
must provide notice for SAP at least 28 days before you want your SAP to start.
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We will acknowledge receiving your notice within 28 days and confirm the start date of your
adoption leave and your expected return date based on if you take your full entitlement of
adoption leave.
Time off for pre- adoption meetings
You are entitled to take paid time off during your normal working hours to attend five adoption
appointments after you’ve been matched with a child, irrespective of length of service. You
should give your manager as much notice as possible of the times when you will be absent
from work.
Length of adoption leave
As the ‘main adopter’ you are entitled to 52 weeks unpaid adoption leave irrespective of your
length of service or the number of hours you work each week.
Adoption leave is made up of:

a 26-week period of Ordinary Adoption Leave (OAL)

a 26-week period of Additional Adoption Leave (AAL), which starts on the day after OAL
ends.
Starting adoption leave
Adoption leave can start on any day of the week. You can choose to begin your adoption leave:

UK adoptions - from the first day the child is placed with you for adoption (whether this is
earlier or later than expected) or from a fixed date, which can be up to 14 days before the
expected date of placement;

Overseas adoptions - from the date the child enters the UK or a fixed date that is no later
than 28 days after the child enters the UK.
You are only entitled to one period of leave even if more than one child is placed for adoption
as part of the same arrangement.
If your child’s placement ends during the adoption leave period, you will be able to continue
adoption leave for up to 8 weeks after the end of the placement.
Change in Adoption Leave and Statutory Adoption Pay (SAP) date
You will be able to change your mind about the date you want your adoption leave and SAP to
start, provided you give us at least 28 days’ written notice. If it is not possible for you to give
notice in time, you must give notice as soon as is reasonably practicable.
Statutory Adoption Pay (SAP)
During your adoption leave, you may be entitled to receive Statutory Adoption Pay (SAP). To
qualify for SAP you must:

have at least 26 weeks service by: the end of the week in which you are notified of being
matched with a child for adoption (UK adoptions) / by the later of the week you receive
official notification or when you want SAP to begin (overseas adoptions);

have average weekly earnings of not less than the lower earnings limit for the payment of
National Insurance Contributions (NIC);

have given us the required notice of adoption leave and provided us with a matching
certificate (UK adoptions) / a copy of the official notification (overseas adoptions);
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
be taking adoption leave; and

have given us your written request to receive SAP (the HR Helpline can give you the form
for this).
You will not be eligible for SAP where:

you have requested to receive Statutory Paternity Pay (SPP); or

your child is, or expected to be, placed for adoption with you, and your partner has
elected to receive SAP; or

you are receiving Statutory Sick Pay.
SAP is payable for a maximum of 39 weeks. This consists of 26 weeks Ordinary Adoption Leave
and 13 weeks Additional Adoption Leave. You can elect your SAP to start:

on the date on which your child is placed with you for adoption or, if you are at work on
that date, on the following day; or on a predetermined date chosen by you which is no
earlier than 14 days before you are due to be matched with a child and no later than that
date (UK adoptions);

on the date the child enters the UK or a fixed date, no later than 28 days after the child
enters the UK (overseas adoptions).
But, in any case, you cannot receive SAP any earlier than 28 days after you have given us your
written request.
The rate of SAP is the same as the standard rate of Statutory Maternity Pay (SMP) – see the
HMRC website for current rates.
SAP will be paid into your bank account on the same date that your adjusted salary would
have been payable and will be subject to deductions for tax and national insurance in the usual
way. If you do not qualify for SAP you may be entitled to financial support from your local
authority. The HR Helpline will give you the information you need to make
a claim.
Please note that you cannot receive both your SAP and basic pay within the same week. So, if
you return to work part-way through a week before the end of the 39 week SAP period, you
will lose your SAP entitlement for that week. SAP is calculated in weekly instalments; however
the start of the week can vary depending on the commencement date of your adoption leave.
If you do decide to return “mid-week” before the end of your 39 week SAP period, you could
use one of more of your 10 keeping in touch (KIT) days (see below), to avoid losing SAP for
that week.
Pay, benefits and contract of employment
If you qualify for SAP, we will enhance this to 100% pay in the first 20 weeks of Ordinary
Adoption Leave.
If you are on adoption leave (ordinary and/or additional), and providing you have given the
required notice as detailed above, you will be entitled to the following:

All contractual benefits which you were receiving immediately before you began your
adoption leave will continue except remuneration (i.e. you will receive adoption pay
instead of your usual salary and contractual allowances);
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
Holiday entitlement will continue to accrue. You should use up your core holiday and
bank holiday entitlement before you start OAL or at the end of your leave period (where
possible in the same holiday year) before returning to work, i.e. tack your holiday onto the
end of OAL or AAL. If you cannot take it at that time you can choose from the following
options:
1.
Any outstanding holiday for the year which you cannot take before adoption leave
starts must be taken within 12 months of your return to work, or you will lose it.
2.
Or you can request via the HR Helpline that any accrued and untaken holiday in
excess of the statutory holiday entitlement (i.e. for full-time employees this is 20 of
the core days plus the normal 8 bank holidays; pro-rated for part-time employees) be
bought back by the FCA. This sum will be paid at the end of your adoption leave
period or any time up to the end of the holiday year in which your adoption leave ends
(see the Holiday Policy - ’Holiday Payments‘ section for details of how this will be
calculated). Please note, you must make this request before the end of the holiday
year in which you return from adoption leave;

We will continue to pay contributions to the FCA Pension Plan on your behalf for the
duration of your adoption leave.

You will be considered for Pay Review during your adoption leave. Any Annual
Individual Incentive that you are awarded will be based on your individual performance
and will be pro-rated by the number of working days that you are absent during the
performance year due to taking Additional (unpaid) Adoption Leave.
Continuity of employment –any period of adoption leave (OAL and AAL) counts as a period
of continuous employment for statutory and contractual purposes.
During your leave you will not, of course, be required to work nor will we be required to
provide you with work, unless you are taking one of your KIT days (see section below for
further details).
If you decide not to return to work following adoption leave, you must give the relevant notice
as stated in your contract of employment. If you fail to give notice and fail to return to work at
the end of your relevant period of leave (without informing us of an authorised reason for
absence such as sickness), you will be treated as having resigned from the FCA. Your
employment and contract will come to an end as a result of your resignation.
Contact during adoption leave
We would like to keep in touch with you during your adoption leave so we’ll want to discuss
the arrangements of this with you. We may contact you during your leave to discuss your
plans to return to work, KIT days (see below) or to update you on work developments during
your absence, etc.
‘Keeping in touch’ days (KIT)
To support occasional training, or help keep in touch without losing SAP, you are able to work
for us for ten KIT days during your adoption leave. An example of a KIT day could be to attend
a divisional away-day, training or refresher courses. Important points to note include the
following:

you can choose how long you work for on a KIT day. So, whether you come into the office
for one hour or a full working day it will be counted as one KIT day

the decision to take a KIT day and when that KIT day will be taken, must be made by
mutual agreement between you and your manager
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
the KIT day will not bring your adoption leave to an end

we have no right to demand that you undertake any such KIT work and you cannot insist
that you undertake such work and

you will be paid at your normal daily rate for each KIT day worked, without losing SAP.
For example, if you are absent from work on adoption leave from Monday 21 May for 39 weeks
and return to work for two days a month in September, October, November, December and
finally January you would not lose any SAP.
KIT days should not be used to introduce friends and colleagues to new family members.
Returning from adoption leave
If you decide to take the full period of adoption leave, your return to work date will be the first
working day after the end of your 52 weeks OAL and AAL.
If you wish to return to work earlier than originally intended, you need to give your line
manager at least eight weeks’ advance written notice, so we can prepare for your return.
The job that you will be entitled to return to will be as follows:

returning after OAL – you will be able to return to the same job on the same terms and
conditions as if you had not been absent;

returning after AAL – where possible, you will be able to return to the same job on same
terms and conditions If this is not reasonably practical we will support you to find a
suitable alternative job on comparable terms and conditions.
Flexible working
If you wish to vary your working pattern on return from adoption leave, we will consider your
request in line with the Flexible Working Policy. You might wish to mention to your manager
before you go on adoption leave that you are considering, or are interested in, applying to
work flexibly on your return. Bear in mind that you may need to attend meetings at the office
so that your request can be properly considered. If you want the changes to take effect on
your return from adoption leave, you should make your application in good time before your
return, using the appropriate application form.
Paternity leave and pay for adoptive parents
You may be entitled to paternity leave and pay where you, your partner or both of you adopt a
child and the adopted child is matched with either or both of you. You cannot take paternity
leave on top of adoption leave, but you may decide that your partner will take main adoption
leave and you will take paternity leave.
You may also be eligible for Shared Parental Leave if your child is placed for adoption on or
after 5 April 2015. Please be aware that you must use your entitlement to ordinary paternity
leave before any period of Shared Parental Leave.
Eligibility for Ordinary Paternity Leave (OPL) - adoption
You need to satisfy the following conditions to qualify for paternity leave. You must:

not be taking adoption leave;

have or expect to have responsibility for the child’s upbringing;
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
be the Partner of the child’s adopter (a person who lives with the adopter in an enduring
family relationship but is not a blood relative);

have worked continuously for the FCA for 26 weeks by: the end of the week in which your
partner is notified of being matched with a child for adoption (UK adoptions) / by the time
your partner has received official notification (overseas adoptions), and

provide a matching certificate as evidence of your entitlement to paternity adoption leave
(UK adoptions) / a copy of the official notification (overseas adoptions).
Length of OPL (adoption)
You are able to take up to three consecutive weeks of OPL (leave must be taken in one block,
of either one, two or three consecutive weeks). You can choose to start your leave:

UK adoptions - from the first day the child is placed for adoption (whether this is earlier or
later than expected), or from a chosen number of days or weeks after the date of the
child’s placement

Overseas adoptions - from the date the child enters the UK, or from a fixed date which is
later than the date the child enters the UK.
Leave can start on any day of the week following the child’s placement and must be completed
within 56 days of the child’s placement. You will only be entitled to one period of leave
irrespective of the number of children placed for adoption as part of the same arrangement.
Notification requirements before starting OPL (adoption)
You must raise a Paternity Leave request via the HR system (PeopleHub) within at least seven
days of you or your partner being notified by the adoption agency that you have been matched
with a child (UK adoptions) / 28 days after you or your partner receive official notification
(overseas adoptions), This request will be evidence that you meet these eligibility criteria
above and will give us notice of the following:
•
the date you or your partner were notified of being matched with a child (UK adoptions) /
received official notification (overseas adoptions);
•
the date the child is expected to be placed with you (UK adoptions) / enters the UK
(overseas adoptions);
•
how much leave you wish to take (up to three consecutive weeks); and
•
the date you want your leave to start (see above).
As soon as possible after the placement of your child you should inform the HR Helpline, in
writing, of the actual date of placement/ the date the child enters the UK.
Change in OPL (adoption) date and early/late placement
You can change the date you want to start your OPL by giving your manager and the HR
Helpline written notice of the new dates. Ideally this should be 28 days before the start of your
leave or as soon as is reasonably practicable.
If your child is placed before it is planned, you may not have given notice of your intention to
claim OPL. In this instance you should confirm this to us in writing as soon as is reasonably
practicable.
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Time off for pre- adoption meetings
You are entitled to take paid time off during your normal working hours to attend two adoption
appointments after you’ve been matched with a child, irrespective of length of service. You
should give your manager as much notice as possible of the times when you will be absent
from work.
Statutory Paternity Pay (ASPP - adoption) and FCA benefits
For information on pay, benefits and your contract of employment during paternity leave,
please refer to the FCA’s Paternity Leave Policy.
Adoption leave and pay for surrogate parents
Adoption leave and pay for individuals (intended parents) starting a family through a surrogacy
arrangement will be the same as above providing:

You can show evidence of your legal parental rights through a parental order.

You notify us of the ‘expected week of childbirth’ (EWC) in good time (ideally 15 weeks
before the EWC).

You meet the eligibility criteria for Statutory Adoption Pay (the FCA will offer enhanced
adoption pay where you have the required service and minimum earnings to qualify for
SAP).
Time off to meet with the birth mother
You are entitled to take paid time off during your normal working hours to attend two
meetings or antenatal appointments with the women carrying your baby. You should give your
manager as much notice as possible of the times when you will be absent from work.
The birth mother in any surrogacy arrangement may be entitled to maternity leave and pay if
she meets the eligibility criteria outlined in our Maternity policy.
Who is covered by this policy?
This policy covers all employees.
Ownership, updates and query management
This is the FCA’s Adoption Leave Policy as at April 2015. The policy is owned by the HR Division
and has been developed, where appropriate, in conjunction with the Staff Consultative
Committee.
The policy is not contractual and is subject to change at the discretion of the FCA – any
changes will be published on the intranet. Any questions on the application of the policy should
be directed to the HR Helpline on extension 67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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Maternity Leave Policy
We want to support all mothers-to-be and help them prepare for the arrival of their baby. The
information below explains what we can offer you in terms of time off, pay and support. Our
policy includes statutory requirements and entitlements as well as more generous occupational
benefits.
This policy is applicable to all mothers-to-be for babies due on or after 1st September 2014 (as
detailed on your MAT B1).
You may also be eligible for Shared Parental Leave if your baby is due on or after 5 April 2015.
Principles
What you can expect from the FCA
We will:

Give you paid time off during working hours to receive antenatal care.

Ask the Occupational Health Adviser (OHA) to contact you to arrange a risk assessment to
ensure your working conditions are suitable.

When returning from Ordinary Maternity Leave (OML) you will be able to return to the
same job on the same terms and conditions as if you had not been absent.

When returning from Additional Maternity Leave (AML) we will try to ensure you return to
the same job on the same terms and conditions. If this is not reasonably practical, we will
support you to find an alternative job on comparable terms and conditions.

Give you enhanced maternity pay where you are eligible to receive Statutory Maternity
Pay.
What the FCA expects from you
You must:

Comply with all the notification and eligibility requirements detailed in this policy (N.B.
these are statutory).

Make a flexible working request in good time if you want to vary your working pattern on
your return to work.

Make sure you use all of your core and bank holiday entitlement before you start
maternity leave or at the end of your leave period (where possible in the same holiday
year) before returning to work.

Give the relevant notice as stated in your contract if you decide not to return
to work.
The policy
Definitions
The following definitions are used in this policy:

‘Expected Week of Childbirth’ (EWC) means the week, starting on a Sunday, during which
the midwife or doctor expects you to give birth

‘Qualifying Week’ means the 15th week before the EWC
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
‘MAT B1’ means the certificate from the midwife or doctor confirming your EWC

‘Partner’ means someone of the same or opposite sex who will share responsibility for
bringing up the child. They may be the biological father of the child, your husband, civil
partner or be living with you.
Notification requirements
On becoming pregnant, please complete the “Confirmation of pregnancy e-form” so that HR
can ensure you receive a pregnancy risk assessment and provide you with more information
on the maternity process. The e-form is a confidential notification and means that, if you wish
to, you can tell your manager at a later stage when you are ready.
Once you have received your signed MAT B1 please provide the original to the HR Helpline. We
will write to you within 28 days to acknowledge that we have received this and will confirm the
dates you wish to start and end your maternity leave.
Not sending your MAT B1 certificate as soon as you receive it may affect your maternity leave
and pay entitlement.
If you would like to change the start of your Maternity leave, please see the section on
Starting Maternity Leave.
Time off for antenatal care
We will support you with reasonable paid time off during your normal working hours to receive
antenatal care, irrespective of length of service. Antenatal care includes appointments with
your GP, hospital clinics and any other appointments (for example relaxation or parenting
classes) made on the advice of a registered medical practitioner, doctor, nurse, midwife or
health visitor. Please give your manager as much notice as possible of the times when you will
be absent from work. It is also helpful if you can try to arrange appointments as near to the
start or the end of the working day as possible. Your manager may ask to see your
appointment card before time off is agreed.
Your Health and safety
We will advise the Occupational Health Adviser (OHA) that you are pregnant and they will
contact you to arrange a suitable time for a risk assessment. Once completed, your manager
and the HR Helpline will receive a report which may recommend that your working conditions
(hours or locations) are altered or that you are offered another more suitable job for the
duration of your pregnancy. We will discuss these recommendations with you. You may need a
further risk assessment if you decide to work after the start of the fourth week before your
baby is due.
Maternity leave
You are entitled to 52 weeks maternity leave irrespective of your length of service or the
number of hours you work each week.
You do not have to take the full 52 weeks but it is compulsory to take a minimum of two
weeks’ leave immediately after your baby is born. Maternity leave is made up of:

a 26-week period of ordinary maternity leave (OML) which includes the compulsory two
week period

a 26-week period of additional maternity leave (AML), which starts on the day after
OML ends
Starting maternity leave
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You can start your OML at any time from the start of the 11th week before your EWC. The only
exceptions to this are:

If you are absent for a pregnancy-related reason at any time after the start of the fourth
week before your baby is due. In this case, your maternity leave will start on the day after
your first day of absence.

If your baby is born before you intended to start your maternity leave. In this case your
maternity leave starts on the day after your baby is born. You must – as soon as
reasonably practical – notify HR that you have given birth and the date your baby was
born.
You can change the date you want to start your OML and SMP by giving us written notice of
the new dates. Ideally this should be 28 days before the start of your leave or as soon as is
reasonably practicable.
Statutory maternity pay (SMP)
SMP is payable for up to 39 weeks. To be eligible for SMP you must:

have been continuously employed by the FCA for at least 26 weeks at the end of the
Qualifying Week;

have average weekly earnings of not less than the lower earnings limit for the payment of
National Insurance Contributions (NIC);

still be pregnant at the 11th week before your EWC or have given birth before that date;

have stopped working;

have followed the notification requirements set out in this policy; and

have provided your MAT B1.
The exact amount of the SMP that you are entitled to receive depends on your earnings and
the amount of maternity leave you take. But as a general rule, you can expect to receive:

higher rate SMP for the first six weeks (equal to 90 per cent of your average weekly
earnings in the qualifying period. The qualifying period is the eight-week period
immediately preceding the 14th week before your EWC); and

lower rate SMP for up to 33 weeks after that – see the HMRC website for current SMP
rates.
SMP will be paid into your bank account on the same date that your adjusted salary would
have been payable and will be subject to deductions for tax and national insurance
contributions in the usual way. If you do not qualify for SMP you may be entitled to claim state
Maternity Allowance. The HR Helpline will give you information on how to make a claim.
Please note that you cannot receive both your SMP and basic pay within the same week. So if
you return to work part-way through a week before the end of the 39 week SMP period, you
will lose your SMP entitlement for that week. SMP is calculated in weekly instalments, but the
start of the week can vary depending on the start date of your maternity leave.
If you do decide to return ‘mid-week’ before the end of your 39 week SMP period, you could
use one of more of your 10 keeping in touch (KIT) days (see below), to avoid losing SMP for
that week.
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Your pay, benefits and contract of employment
If you qualify for SMP, we will enhance this to 100% pay in the first 20 weeks of your
maternity leave. If you are on maternity leave (ordinary and/or additional), and provided you
have given the required notice as detailed above, you will be entitled to the following:

All the contractual benefits which you were receiving immediately before you began your
maternity leave will continue except remuneration (i.e. you will receive maternity pay
instead of your usual salary and contractual allowances);

Holiday entitlement will continue to accrue. You should use up your core holiday and
bank holiday entitlement before you start OML or at the end of your leave period (where
possible in the same holiday year) before returning to work, i.e. tack your holiday onto the
end of OML or AML. If you cannot take it at that time you can choose from the following
options:
1.
Any outstanding holiday for the year which you cannot take before maternity leave
starts must be taken within 12 months of your return to work, or you will lose it.
2.
Or you can request via the HR Helpline that any accrued and untaken holiday in
excess of the statutory holiday entitlement (i.e. for full-time employees this is 20 of
the core days plus the normal eight bank holidays; pro-rated for part-time
employees) be bought back by the FCA. This sum will be paid at the end of your
maternity leave period or any time up to the end of the holiday year in which your
maternity leave ends (see the Holiday Policy - ‘Holiday Payments’ section for details
of how this will be calculated). Please note, you must make this request before the
end of the holiday year in which you return from maternity leave.

We will continue to pay contributions to the FCA Pension Plan on your behalf for the
duration of your ordinary and additional maternity leave.

You will be considered for Pay Review during your maternity leave. Any Annual
Individual Incentive that you are awarded will be based on your individual performance
and will be pro-rated by the number of working days that you are absent during the
performance year due to taking Additional (unpaid) Maternity Leave.

Continuity of employment –any period of maternity leave (OML and AML) counts as a
period of continuous employment for statutory and contractual purposes. During your
leave you will not, of course, be required to work nor will we be required to provide you
with work, unless you are taking one of your KIT days (see section below for further
details).
If you decide not to return to work after maternity leave, you must give the relevant notice as
stated in your Contract of Employment. If you fail to give notice and fail to return to work at
the end of your relevant period of leave (without informing us of an authorised reason for
absence, such as sickness), you will be treated as having resigned from the FCA. Your
employment and contract will come to an end as a result of your resignation.
Contact during maternity leave
We would like to keep in touch with you during your maternity leave so we’ll want to discuss
the arrangements of this with you. We may contact you during your leave to discuss your
plans to return to work, KIT days (see below) or to update you on work developments during
your absence, etc.
‘Keeping in touch’ days (KIT)
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To support occasional training, or help keep in touch without losing SMP, you are able to work
for us for ten KIT days during your maternity leave. An example of a KIT day could be to
attend a divisional away-day, training or refresher courses. Important points to note include
the following:

the KIT days cannot be taken during the two weeks compulsory maternity leave

you can choose how long you work for on a KIT day. So, whether you come into the office
for one hour or a full working day it will be counted as one KIT day.

the decision to take a KIT day and when that KIT day will be taken, must be made by
mutual agreement between you and your manager

the KIT day will not bring your maternity leave to an end

we have no right to demand that you undertake any such KIT work and you cannot insist
that you undertake such work and

you will be paid at your normal daily rate for each KIT day worked, without losing SMP
For example, if you are absent from work on maternity leave from Monday 21 May for 39
weeks and return to work for two days a month in September, October, November, December
and finally January you would not lose any SMP.
KIT days should not be used to introduce friends and colleagues to new family members.
Returning from maternity leave
If you decide to take the full entitlement to maternity leave, your return to work date will be
the first working day after the end of your 52 weeks OML and AML.
If you wish to return to work earlier than originally intended, you need to give your manager
at least eight weeks’ advance written notice, so we can prepare for your return. You must also
inform the HR Helpline before the 1st working day of the month you intend to return to work so
that your salary can be reinstated.
The job that you will be entitled to return to will be as follows:

Returning after OML – you will be able to return to the same job on the same terms and
conditions as if you had not been absent.

Returning after AML – where possible, you will be able to return to the
same job on the same terms and conditions. If this is not reasonably practical we will
support you to find an alternative job on comparable terms and conditions.
Breastfeeding
We provide facilities to new mothers who are breastfeeding and need to express milk during
the working day. You will be given access to the first aid room. Please contact one of the first
aiders for your floor. Alternatively, if you are based in London, you can use one of the
bedrooms in 25TNC. Please speak to Corporate Security to gain access to these rooms.
Postponing your return to work
If you are too ill to return to work at the end of your maternity leave period, the sickness
absence policy and procedure will apply.
Flexible working
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If you wish to vary your working pattern on return from maternity leave, we will consider your
request in line with the Flexible Working Policy. You might wish to mention to your manager
before you go on maternity leave that you are interested in applying to work flexibly on your
return. Bear in mind that you may need to attend meetings at the office so that your request
can be properly considered. If you want the changes to take effect on your return from
maternity leave, you should make your application in good time before your return, using the
appropriate application form.
Who is covered by this policy?
This policy covers all employees.
Ownership, updates and query management
This is the FCA’s Maternity Policy as at August 2014.
The policy is owned by the HR Division and has been developed, where appropriate, in
conjunction with the Staff Consultative Committee.
The policy is not contractual and is subject to change at the discretion of the FCA – we will
publish any changes on the intranet.
If you have any questions on how the policy applies, please contact the HR Helpline on
extension 67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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Shared Parental Leave Policy (children expected to be born or placed for
adoption on or after 5 April 2015)
What is Shared Parental Leave?
Shared Parental Leave (SPL) enables eligible parents (with children due to be born or placed
for adoption on, or after, 5 April 2015) to choose how to share the care of their child during
the first year after the child’s birth or adoption. Its purpose is to give parents more flexibility in
considering how to best care for their child.
This policy sets out the rights and responsibilities of eligible employees who wish to take SPL
and receive Shared Parental Pay (ShPP).
SPL enables mothers or “primary” adopters to end their maternity/adoption leave and pay
early and to share the untaken balance of leave and pay with their partner, or to return to
work early from maternity/adoption leave and opt to take SPL and ShPP at a later date.
Assuming you and your partner are both eligible, you will be able to choose how to split the
available leave between you, and can decide to be off work at the same time or at different
times. You may be able to take leave in more than one period.
SPL should not be confused with “ordinary” parental leave (up to 18 weeks' unpaid leave per
child up to the child’s 18th birthday) which is a separate entitlement to SPL. Please see the
FCA’s Parental Leave policy for more information.
The FCA recognises that, from time to time, employees may have questions or concerns
relating to their SPL rights. It is the FCA’s policy to encourage early open discussion with
employees to ensure that questions and problems can be resolved as quickly as possible.
Further guidance in relation to SPL, including template forms and FAQs, can be found on the
FCA Hub pages.
Who is covered by this policy?
This policy covers all FCA employees. It does not apply to agency workers, consultants, or selfemployed contractors.
Both parents should ensure that they are each liaising with their own respective employers as
early as possible to ensure that requests for SPL are handled as smoothly as possible.
Definitions
The following definitions are used in this policy:

‘Mother’ means the mother or expectant mother of the child who is entitled to statutory
maternity leave, statutory maternity pay or maternity allowance

‘Adopter’ means an individual (either male or female) who has had or will have a child
placed with them for adoption by an adoption agency as the “primary” adopter and who
is eligible for statutory adoption leave and/or statutory adoption pay

‘Partner’ means someone of the same or opposite sex who will share responsibility for
bringing up the child with the Mother/Adopter. They may be the biological father of the
child, the Mother/Adopter’s spouse, civil partner or a partner who is living with the
Mother/Adopter in an enduring family relationship, but who is not the Mother/Adopter’s
sibling, child, parent, grandparent, grandchild, aunt, uncle, niece or nephew

‘Expected Week of Childbirth (EWC)’ means the week, beginning with midnight
between Saturday and Sunday, during which the Mother’s doctor or midwife expects her
to give birth
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
‘Placement Date’ means the date on which the child is placed for adoption

‘Qualifying Week’ means the week, starting on a Sunday, during which the adoption
agency notifies you that you have been matched with a child for adoption
Who is eligible for SPL?
SPL can only be used by two people, the Mother/Adopter and the Partner. Both parents must
share the main responsibility for the care of the child at the time of the birth/placement for
adoption.
To check whether you are eligible for SPL please use the following online tool:
https://www.gov.uk/pay-leave-for-parents
If you are seeking to take SPL, the following criteria must be satisfied:
EITHER

in birth cases: you are the child’s Mother and share the main responsibility for the care of
the child with the child’s father or with the Partner or you are the child’s father and share
the main responsibility for the care of the child with the child’s Mother or you are the
Mother’s Partner and share the main responsibility for the care of the child with the Mother
(where the child’s father does not share the main responsibility with the Mother)
OR

in adoption cases: an adoption agency has placed a child with you and/or your Partner for
adoption, or where a child is placed with you and/or your Partner as a foster parent under
a “fostering for adoption” or “concurrent planning” scheme and you intend to shared the
main responsibility for the care of the child with your Partner
AND

the Mother/Adopter must have ended or given notice to curtail his/her maternity/adoption
leave (see Step 1 below)

you must still be working for the FCA in the week before the period of SPL is to be taken

you must pass the ‘continuity test’ requiring you to have a minimum of 26 weeks'
continuous service with the FCA at the end of the 15th week before the child’s EWC (in
birth cases) or at the end of the Qualifying Week (in adoption cases)

the other parent must meet the ‘employment and earnings test’ which requires them, in
the 66 weeks before the EWC (in birth cases) or before the Qualifying Week (in adoption
cases), to have worked (either in an employed or self-employed capacity) for at least 26
weeks and earned an average of at least £30 (this is correct as of 2015 but may change
annually) a week in any 13 of those weeks

you must correctly notify the FCA of your entitlement and provided the necessary
declarations and evidence detailed in this Policy
How much SPL is available?
If you are eligible, you may be entitled to take up to 50 weeks’ SPL during the child’s first year
in your family.
The number of weeks’ SPL available is calculated using the Mother/Adopter’s entitlement to 52
weeks maternity/adoption leave (minus the first two weeks’ compulsory leave maternity
leave/adoption leave). If the Mother/Adopter chooses to reduce his/her maternity/adoption
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leave entitlement then they and/or their Partner may opt in to the SPL system and take any
remaining weeks as SPL.
A Mother/Adopter may reduce his/her entitlement to maternity/adoption leave by returning to
work before the full entitlement of 52 weeks has been taken, or they may give notice to end
their leave at a specified future date (see Step 1 below).
When can SPL start?
SPL can start as follows:

in birth cases - the Mother can take SPL after she has taken the compulsory two weeks of
maternity leave immediately following the birth of the child

in adoption cases - the Adopter can take SPL after taking at least two weeks of adoption
leave

the Partner can take SPL at any time following the birth/placement of the child, but may
first choose to exhaust any paternity leave entitlements (as this entitlement will be lost if
SPL is taken first). Where a Mother/Adopter gives notice to end his/her maternity/adoption
leave at a specified future date the Partner can take SPL while the Mother/Adopter is still
using their maternity/adoption entitlements

SPL will generally commence on your chosen start date as specified on your leave booking
notice (see Step 3 below) or in any subsequent variation notice, unless you have
requested a discontinuous period of leave which cannot accommodated
How can SPL be taken?

You must take any SPL within 52 weeks of the birth/placement of the child. Any SPL not
taken before the first birthday or first anniversary of placement for adoption is lost.

SPL can only be taken in complete weeks but may begin on any day of the week.

You can request to take SPL as one continuous period or as a number of discontinuous
periods of leave.
Continuous period of SPL
A continuous period of leave means a number of weeks taken in a single unbroken period (for
example, six weeks in a row).
Where a continuous period of leave is requested, you have the right to take this leave as long
as you meet the eligibility and notice requirements.
Discontinuous period of SPL
A discontinuous period of leave means a set number of weeks of leave over a period of time,
with breaks between the leave where you return to work (for example, an arrangement where
you will take six weeks of SPL and work every other week for a period of three months).
The FCA will consider any request for discontinuous leave in line with the process set out at
Step 3 below.
Notification requirements
If you are considering taking SPL you are encouraged to contact the HR Helpline to arrange
an informal discussion as early as possible regarding your potential entitlement, to talk about
your plans and to enable us to support you.
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1. A notice from the Mother/Adopter curtailing their maternity leave or adoption leave;
2. An SPL “opt in” notice confirming your entitlement to SPL and an intention to take SPL;
3. A booking notice confirming that you wish to book a period of SPL.
Step 1 - Ending maternity or adoption leave: curtailment notice
If you are the child's mother or if you are taking or intend to take adoption leave and you and
want to opt into the SPL scheme, you must give us at least eight weeks' written notice to end
your maternity leave or adoption leave before you can take SPL. This “Curtailment Notice”
must state the date your maternity/adoption leave will end. You can give the notice before or
after you give birth/the Placement Date, but you cannot end your maternity leave until at least
two weeks after birth, or in adoption case you must take at least two weeks’ adoption leave
following the Placement Date.
The curtailment notice is binding and cannot usually be revoked, save in very limited
circumstances. You can only revoke a curtailment notice if maternity/adoption leave has not
yet ended and one of the following applies:

if you realise that neither you nor the other parent are in fact eligible for SPL or statutory
shared parental pay, in which case you can revoke the curtailment notice in writing up to
eight weeks after it was given

(in birth cases only) if you gave the curtailment notice before giving birth, you can revoke
it in writing up to six weeks after birth or

if the other parent has died
Once you have revoked a curtailment notice you will be unable to opt back into the SPL
scheme, unless the second circumstance above applies.
You must also give us, at the same time as the curtailment notice, a notice to opt into the SPL
scheme (see Step 2 below) or a written declaration that the other parent has given their
employer an opt-in notice and that you have given the necessary declarations in that notice.
Step 2 - Notification of entitlement to SPL: “opt in” notice
If you intend to take SPL you must notify your line manager at least eight weeks before the
date you wish to start your leave by completing the Curtailment notice and opt-in notice form
which is available on My FCA Hub. You are required to provide information about both your and
your partner and your plans for SPL as well as declarations by you and your partner that you
both meet the statutory conditions to enable you to take SPL and ShPP.
HR may contact you once we receive your SPL opt in notice to arrange an informal discussion
to talk about your intentions and how you expect to use your SPL entitlement.
The FCA reserves the right to request further evidence of your eligibility (such as contact
details for your Partner’s employer (if he/she has one) or a copy of the birth/matching
certificate). If such a request is made, you must provide this information within 14 days. If you
fail to do so then the FCA is under no obligation to grant the leave requested, nor will you be
entitled to take the requested leave.
Step 3 - Booking SPL: booking notice
In addition to notifying us of your entitlement to SPL and that you wish to “opt-in” to the SPL
scheme, you must also give notice to book and take the leave you wish to take. In many
cases, notice to book and take leave will be given at the same time as the notice of
entitlement to SPL (Step 2 above). However, you must submit each request at least eight
weeks before the date on which you wish to start the leave period and (if applicable) receive
ShPP.
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You may submit up to three booking notices. This may enable you to take up to three separate
periods of SPL (although if you give a notice to vary or cancel a period of leave this will in most
cases count as a further period of leave notice).
If your SPL booking notice contains a request for a single continuous period of SPL you will be
entitled to take the leave set out in the notice.
If your SPL booking notice contains a request for split periods of SPL, with periods of work in
between, we will consider your request as follows:
You and your manager should meet and discuss the request in the two-week period after
the request is received with a view to agreeing an arrangement that meets both your
needs and the needs of the FCA. The purpose of the meeting is to discuss in detail the
leave proposed, how the leave proposal could be agreed, whether a modified arrangement
would be agreeable to you and the FCA, what the outcome may be if no agreement is
reached and what will happen while you are away from work.

Where a request for discontinuous leave can be approved without any further discussion, a
meeting may not be necessary.

At the end of this period we will confirm any agreed arrangements in writing. The FCA
does have the right to refuse requests for discontinuous periods of leave where there are
business reasons to do so.

If the leave pattern you have requested to book is refused or if we have not reached
agreement during the two-week discussion timeframe, you can either:
o
withdraw your leave booking request within two days of the end of the two-week
discussion timeframe (in which case it will not be counted and you may submit a new
one if you choose); or
o
take the total amount of leave requested in a single continuous period starting on the
start date given in your notice. For example, if you requested three separate periods of
four weeks each with times of work in between, they will be combined into one 12week period of leave); or
o
choose a new start date (which must be at least eight weeks after your original
booking notice was given) and tell us within five days of the end of the two-week
discussion period.
All requests for discontinuous leave will be carefully considered, on a case-by-case basis,
weighing up the potential benefits to you and to the FCA against any adverse impact to the
business.
Variations to arranged SPL
You are permitted to vary or cancel an agreed and booked period of SPL, provided that you
advise your line manager and the HR Helpline in writing at least eight weeks before the earlier
of the original start date or the new start date. Any new start date cannot be sooner than eight
weeks from the date of the variation request.
Any variation or cancellation notification made by you, including notice to return to work early,
will usually count as one of your three booking notice, reducing you right to book/vary leave
by one. However, a change as a result of a child being born early, or as a result of the FCA
requesting it be changed, and you being agreeable to the change, will not count as an SPL
booking notice. Any variation will be confirmed in writing by the FCA.
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Statutory Parental Pay (ShPP) and FCA enhanced payments
During SPL your usual remuneration is replaced by ShPP if you are eligible to receive it. You
may be able to claim ShPP of up to 39 weeks (less any weeks of statutory maternity/adoption
pay or maternity allowance claimed by you or your Partner). It is up to you as the parents to
agree who is paid the ShPP and how it will be apportioned between you.
To qualify for ShPP you must have at least 26 weeks’ continuous employment with the FCA at
the end of the 15th week before the EWC (in birth cases) or at the end of the Qualifying Week
(in adoption cases) and your average earnings are not less than the lower earnings limit in
force for national insurance contributions.
Any ShPP due will be paid at a rate set by the Government for the relevant tax year.
To check whether you are eligible for statutory ShPP please use the following online
tool: https://www.gov.uk/pay-leave-for-parents
If you qualify for statutory ShPP, the FCA will also pay you enhanced ShPP, at the rate of
100% normal basic salary, for weeks 1-20 following the birth/placement of the child. Enhanced
shared parental pay is only paid if you are receiving ShPP for the same period, and includes
the statutory ShPP due. Any period of enhanced maternity or paternity pay for the same child
will count towards your enhanced ShPP entitlement.
Shared parental pay for couples employed by the FCA
If you and your partner are both employed by the FCA, and are entitled to enhanced ShPP, you
should agree how you wish to split the enhanced pay between you (as the FCA will only
enhance a maximum of 20 weeks pay per couple).
Your benefits and contract of employment during SPL
Your terms and conditions of employment remain in force during SPL, except for the terms
relating to pay. In particular:
All the contractual benefits which you were receiving immediately before you began your
SPL leave will continue except remuneration (i.e. you will receive ShPP instead of your
usual salary and contractual allowances);

Holiday entitlement will continue to accrue at the rate under your contract. You should
remember that, where possible, your holiday entitlement should be taken in the year that
it accrues. If your SPL overlaps two leave years you should consider how best to manage
your holiday so that it is not untaken, and exceeds to carry over limit at the end of the
holiday year. Please discuss your holiday plans with your manager in good time before
starting SPL. All holiday dates are subject to approval by your manager. Please see the
FCA’s Holiday Policy for more information.

We will continue to pay contributions to the FCA Pension Plan on your behalf for the
duration of your SPL.

You will be considered for Pay Review during your SPL. Any Annual Individual
Incentive that you are awarded will be based on your individual performance and will be
pro-rated to take into account your absence during the relevant performance year due to
taking unpaid SPL.

Continuity of employment –any period of SPL counts as a period of continuous
employment for statutory and contractual purposes. During your leave you will not, of
course, be required to work nor will we be required to provide you with work, unless you
are taking one of your SPLIT days (see section below for further details).
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If you do not intend to return to work, or are unsure, it is helpful if you discuss this with us as
early as possible. If you decide not to return you should give notice of resignation in
accordance with your contract. The amount of SPL left to run when you give notice must be at
least equal to your contractual notice period, otherwise we may require you to return to work
for the remainder of the notice period. Once you have given notice that you will not be
returning to work, you cannot change your mind without our agreement.
Fraudulent claims
Where there is a suspicion that fraudulent information/evidence may have been provided by an
employee in respect of any request for SPL and/or ShPP or where the FCA has been informed
by HMRC that a fraudulent claim was made, the FCA can deal with the matter as it deems
appropriate in accordance with relevant FCA policies, including but not limited to taking
disciplinary action under the Disciplinary Procedure.
Contact during SPL
We would like to keep in touch with you during your SPL so we’ll want to discuss the
arrangements of this with you. We may contact you during your leave to discuss your plans to
return to work, SPLIT days (see below) or to update you on work developments during your
absence, etc.
‘Shared Parental Leave In Touch’ days (SPLIT)
To support occasional training, or help keep in touch without losing ShPP, you are able to work
for us for 20 SPLIT days during your SPL. An example of a SPLIT day could be to attend a
divisional away-day, training or refresher courses. Important points to note include the
following:

the decision to take a SPLIT day and when that SPLIT day will be taken, must be made by
mutual agreement between you and your manager

you can choose how long you work for on a SPLIT day so, whether you come into the
office for one hour or a full working day it will be counted as one SPLIT day

the SPLIT day will not bring your SPL to an end, nor extend the period of leave to which
you are entitled

we have no right to demand that you undertake any such SPLIT work and you cannot
insist that you undertake such work

you will be paid at your normal daily rate for each SPLIT day worked, without losing any
statutory pay

with the agreement of your manager, and taking business needs into account, you may
use your SPLIT days to enable a gradual return to work or trial a part-time working
arrangement

SPLIT days should not be used to introduce friends and colleagues to new family members
Returning to work
Your return to work date will be the first working day after the end of the period SPL specified
in your booking notice.
If you wish to return to work before the expected end date of your SPL period, you need to
give your manager at least eight weeks’ advance written notice, so we can prepare for your
return. This will count as one of your three SPL booking notices. If you have already used your
three booking notice then the FCA is not required to accept your request to return to work
early and we may postpone your return date until eight weeks after you gave us this notice.
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The job that you will be entitled to return to will be as follows:

Returning after 26 weeks leave or less (including any maternity/paternity/adoption or SPL)
– you will be able to return to the same job on the same terms and conditions as if you
had not been absent.

Returning after more than 26 weeks leave (including maternity/paternity/adoption or SPL
or if you took SPL consecutively with unpaid parental leave of more than 4 weeks) – where
possible, you will be able to return to the same job on the same terms and conditions. If
this is not reasonably practicable you will be entitled to return to an appropriate
alternative job on comparable terms and conditions that are no less favorable than your
previous terms and conditions.
Postponement of return to work
If you wish to return later than the expected return date, you should either request unpaid
parental leave in accordance with our Parental Leave Policy, giving us as much notice as
possible but not less than 21 days, or request paid annual leave in accordance with your
contract, which will be at the FCA’s discretion.
If you are unable to return to work at the end of your SPL period due to sickness or injury, the
Sickness Absence Policy and procedure will apply.
Failure to return on the expected return date for any other reason will be treated as
unauthorised absence.
Flexible working
If you wish to vary your working pattern on return from SPL, we will consider your request in
line with the Flexible Working Policy. You might wish to mention to your manager before you
go on SPL that you are interested in applying to work flexibly on your return. Bear in mind that
you may need to attend meetings at the office so that your request can be properly
considered. If you want the changes to take effect on your return from SPL, you should make
your application in good time before your return, using the appropriate application form.
Ownership and, updates and query management
This is the FCA’s Shared Parental Leave Policy as at April 2015.
The policy is owned by the HR Division and has been developed, where appropriate, in
conjunction with the Staff Consultative Committee.
It is not contractual and is subject to change at the discretion of the FCA – any changes will be
published on the intranet. Any questions on the application of the policy should be directed to
the HR Helpline on extension 67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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Paternity Leave Policy
We want to support all parents-to-be and help them prepare for the arrival of their baby. The
information below explains what we can offer you in terms of time off, pay and support. Our
policy includes statutory requirements and entitlements as well as more generous occupational
benefits.
This policy is applicable to all parents-to-be for babies due on or after 1st September 2014 (as
detailed in the mothers MAT B1).
This policy is applicable to you if you are the partner of the mother-to-be and will share
responsibility for bringing up the child. You may be of the same or opposite sex to the mother
and may be the biological father, husband, civil partner or be living with the mother.
See our Adoption and Surrogacy Policy for information on paternity leave for adopted children.
You may also be eligible for Shared Parental Leave if your child is due or placed for adoption
on or after 5 April 2015. Please be aware that you must use your entitlement to ordinary
paternity leave before any period of Shared Parental Leave.
Principles
What you can expect from the FCA

When returning from Ordinary you will be able to return to the same job on the same
terms and conditions as if you had not been absent.

We will give you enhanced leave and pay during Ordinary Paternity Leave where you are
eligible to receive Statutory Paternity Pay.

We will give you paid time off during working hours to attend two antenatal appointments
with your partner.
What the FCA expects from you
You must:

Raise a request for Ordinary Paternity Leave via the HR System (PeopleHub)

Comply with all the notification and eligibility requirements detailed in this policy (N.B. as
these are statutory).

Make a flexible working request in good time if you want to vary your working pattern on
your return to work.
The policy
Ordinary Paternity Leave (OPL)
As the ‘supportive parent’ you are able to take up to three consecutive weeks Ordinary
Paternity Leave (leave must be taken in one block of either one, two or three consecutive
weeks). You can choose to start your leave on any day of the week from:

the date of the baby’s birth;

a chosen number of days or weeks after the date of the baby’s birth; or
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
a chosen date which falls after the first day of the expected week
of birth.
Leave must be completed:

within 56 days of the baby’s actual date of birth or

if the baby is born early, within 56 days after the expected week of birth.
You will only be entitled to one period of leave irrespective of the number of babies born as the
result of the same pregnancy.
Eligibility for OPL
You need to satisfy the following conditions to qualify for OPL. You must:

have been continuously employed by the FCA for at least 26 weeks by the end of the 15th
week before the expected week of childbirth;

have or expect to have responsibility for the baby’s upbringing;

be either the biological father of the baby or the mother’s partner; and

be making the request for leave to help care for the baby or to support the baby’s mother.
Notification requirements before starting OPL
You must raise a Paternity Leave request via the HR system (PeopleHub) at least 15 weeks
before the week your baby is due. This request will be evidence that you meet these eligibility
criteria above and will give us notice of the following:

the week the baby is due

how much leave you wish to take (up to three consecutive weeks) and

when you wish your leave to start (see above).
As soon as possible after the birth of your baby you should inform the HR Helpline, in writing,
of the actual date of birth.
If you intend to take Shared Parental Leave immediately after your paternity leave, please give
us notice of this at the same time that you give notice for paternity leave, or at least 8 weeks
before you intend your Shared Parental Leave to start. If you wish to take both ordinary
paternity leave and Shared Parental Leave in relation to the same child you must take your
ordinary paternity leave first.
If you intend to take parental leave immediately before or after your paternity leave, please
give us notice of this at the same time that you give notice for paternity leave, or at least 21
days before you intend your parental leave to start.
Change in OPL start date and early/late birth
You can change the date you want to start your OPL by giving your manager and the HR
Helpline written notice of the new dates. Ideally this should be 28 days before the start of your
leave or as soon as is reasonably practicable.
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Please Note: You cannot take paternity leave or be paid Statutory Paternity Pay before the
birth of your baby. If your baby is born earlier or later than expected, you can choose to take
leave from the actual date of birth or a specified number of days after the birth. You must give
us written notice when you change your leave dates.
Time off for antenatal care
You are entitled to take paid time off during your normal working hours to attend two
antenatal appointments with your pregnant partner, irrespective of length of service. Antenatal
care includes appointments with your GP, hospital clinics and any other appointments (for
example relaxation or parenting classes) made on the advice of a registered medical
practitioner, doctor, nurse, midwife or health visitor. You should give your manager as much
notice as possible of the times when you will be absent from work. Your manager may ask you
to produce your appointment card before permission is granted for time off.
Statutory Paternity Pay (SPP) and FCA enhanced payments
SPP
During your paternity leave, you may be entitled to receive Statutory Paternity Pay (SPP). To
qualify you must have been continuously employed by the FCA for at least 26 weeks at the end
of the qualifying week (15th week before the expected week of childbirth) and have average
weekly earnings at or above the lower earnings limit for National Insurance. – see the HMRC
website for current SPP rates.
FCA enhanced pay
If you are entitled to receive Statutory Paternity Pay (SPP) we will enhance your pay during
your Ordinary Paternity Leave to 100% of your salary for up to three weeks. Please see below
for details of what you need to do to claim paternity pay.
Pay, benefits and your contract of employment
All the contractual benefits which you were receiving immediately before you began your
paternity leave will continue except remuneration (i.e. you will receive paternity pay instead of
your usual salary and contractual allowances).
Holiday entitlement will continue to accrue during your paternity leave but you will not be
eligible for additional payment or time off in lieu for any bank holidays which fall during a
period of paternity leave.
Continuity of employment –any period of paternity leave counts as a period of continuous
employment for statutory and contractual purposes.
Flexible working
If you wish to vary your working pattern on return from paternity leave, we will consider your
request in line with the Flexible Working Policy. You might wish to mention to your manager
before you go on paternity leave that you are interested in applying to work flexibly on your
return. Bear in mind that you may need to attend meetings at the office so that your request
can be properly considered. If you want the changes to take effect on your return from
paternity leave, you should make your application in good time before your return, using the
appropriate application form.
Who is covered by this policy?
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This policy covers all employees.
Ownership and, updates and query management
This is the FCA’s Paternity Policy as at April 2015.
The policy is owned by the HR Division and has been developed, where appropriate, in
conjunction with the Staff Consultative Committee.
It is not contractual and is subject to change at the discretion of the FCA – any changes will be
published on the intranet. Any questions on the application of the policy should be directed to
the HR Helpline on extension 67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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Dependant’s Leave Policy
We understand that once in a while you may need to take time off to care for dependants. We
will allow you a reasonable amount of time off work to deal with certain unexpected or sudden
emergencies and to make any necessary longer term arrangements. All employees (male and
female), including those on short-term contracts, are entitled to this.
Principles
What you can expect from the FCA

You are not entitled to be paid for time off for dependants (please refer to below section
on payment), but your manager will consider your request for reasonable time off.
What the FCA expects from you

As soon as practical, tell your manager the reason for your absence and how long you
expect to be away from work.

Keep your manager informed of any changes that may affect your dependant’s leave
arrangements.

Raise a Dependant’s Leave Absence Record via the HR system (PeopleHub).
The policy
You can take time off:

if a dependant falls ill, or has been injured or assaulted;

to make longer term care arrangements for a dependant who is ill or injured;

to deal with a death of a dependant;

to deal with an unexpected disruption or breakdown of care arrangements for a
dependant; or

to deal with an unexpected incident involving your child during school hours.
The illness or injury need not be serious or life-threatening, and includes both mental and
physical illness.
Where a dependant needs to be cared for because of an illness or injury, you can take time off
work to arrange alternative longer term care arrangements.
In the case of a bereavement of a dependant, you can take time off to make funeral
arrangements, as well as to attend a funeral. If the funeral is overseas, then your manager
must agree a length of absence which is reasonable in these circumstances.
There may be times when both parents want, or need to take time off work. We would want to
adopt a common-sense approach depending on the circumstances of the situation. If you need
time off for emergencies that are not covered by this policy, you must agree it with your
manager.
Definition of a dependant
A dependant is your husband, wife, partner (including someone of the same or opposite sex),
civil partner, child or parent. It also includes someone who lives in the same household as you.
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It does not include tenants or boarders living in the family home, or someone who lives in the
household as an employee.
In cases of illness, injury or where care arrangements break down, a dependant may also be
someone who reasonably relies on you for assistance. This may be where you are the primary
carer or are the only person who can help in an emergency.
Amount of time off
The amount of time off will vary with the differing circumstances of an emergency. For most
cases, one or two days should be enough to deal with the problem. If you know in advance
that you are going to need time off, you should ask for annual leave in the usual way. Or, if
the reason you need leave relates to your child, you may be entitled to take Parental Leave.
Notice
As soon as practical, you need to tell your manager the reason for your absence and how long
you expect to be away from work. It is not necessary to give the notice in writing. There may
be exceptional circumstances where you return to work before it was possible to contact your
manager, but you should still tell them why you were absent when you return.
Payment during time off
You are not entitled to be paid for time off for dependants. However, there may be times
where your manager may exercise discretion and will discuss the matter with the HR Helpline.
Grievance and discipline
If you think that you have been unreasonably refused time off, or treated detrimentally for
taking it, please follow the Grievance Procedure. You should speak to your manager in the first
instance (and then HR if appropriate).
If we thinks that an employee is abusing the right to time off it will be dealt with in line with
the Disciplinary Procedure.
Who is covered by this policy?
This policy covers all employees.
Ownership, updates and query management
This is the FCA’s Dependant’s Leave Policy as at August 2014.
The policy is owned by the HR Division and has been developed, where appropriate, in
conjunction with the Staff Consultative Committee.
The policy is not contractual and is subject to change at the discretion of the FCA – any
changes will be published on the intranet.
If you have any questions on how the policy applies contact * HR Helpline or extension 67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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Parental Leave Policy
Where we can, we want to support you with your parental responsibilities. The information
below explains what leave we can offer you and how this will impact your pay and benefits.
Our provisions include your statutory entitlements and, in some areas, are more generous.
Principles
What you can expect from the FCA

While the law states that you can take up to 18 weeks unpaid leave per child and a
maximum of 4 weeks parental leave per year, we will normally allow you to take 18 weeks
in one calendar year (unless this immediately follows a period of other family leave or
career leave).

We may need to postpone the start of your leave by up to 6 months, if there are business
reasons to do so.
What the FCA expects from you

You must give your manager 21 days’ notice of your intention to take parental leave.

You must be eligible to take parental leave (see eligibility criteria below).
The policy
Parental leave is your right to take time off work to look after your child or make
arrangements for your child’s welfare. This leave is unpaid.
Eligibility
You are eligible to take parental leave if:

you have a child, including an adopted child, under the age of 18

you have completed one year’s qualifying service with the FCA by the time you want to
take the leave. It can be taken by both parents.
Length of leave
A total of 18 weeks may be taken for each of your children. If you work part-time, your
entitlement will be pro-rated.
You will be able to take parental leave in short or long blocks depending on what you have
agreed with your manager.
Parental leave is for each child, so if twins are born, or adopted, both parents will get 18 weeks
leave for each child.
Taking parental leave
You can choose to take parental leave any time up until the child’s 18th birthday.
Returning from parental leave
If you take up to four weeks’ parental leave, you have the right as far as possible to return to
your previous job. If you take more than four weeks leave, or where parental leave follows
additional maternity, paternity or adoption leave, we will try to return you to your previous
job. If this isn’t possible we will try to offer you an alternative job on comparable terms and
conditions.
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Pay and benefits
Parental leave is unpaid so you won’t receive a salary or ‘flex’ account during your period of
leave.
If your period of leave is one month or less, your benefits will continue. If you take more than
one month’s leave you will forgo your entitlement to either core or flexible benefits for the
period of leave after the first month, with the following exceptions:

core life assurance (2x salary);

statutory holiday (28 days including bank holidays for full-time employees) continues to
accrue; and

death in service benefits associated with being a member of the FCA Pension Plan i.e.
dependants’ pension (if applicable).
Your continuous service, and related entitlements will not be affected by your choice to take
parental leave.
Procedures for taking parental leave
You must take your parental leave in week blocks, except in the case of children with
disabilities, where you can request odd days.

You must give us 21 days’ notice by completing the Unpaid Parental Leave request via the
HR System (PeopleHub).

We can postpone your leave (see below) but not when you give notice to take it
immediately after the time your child is born or is placed with your family for adoption.

We may ask you to confirm that you are the parent or the person who is legally
responsible for the child. Any such request will be reasonable and we won’t check your
entitlement every time you ask for leave.
Postponement of parental leave
If your manager considers that your absence would unduly disrupt the business, or where
other circumstances dictate, we may postpone your leave by up to six months. Your manager
will discuss the matter with you and confirm the postponement arrangements in writing within
seven days after your notice to take leave. This will state the reason for the postponement and
set out the new dates of parental leave. The length of the leave will be equivalent to your
original request.
When you apply to take parental leave immediately after the birth or adoption of
a child, the FCA cannot postpone the leave. You need to give 21 days’ notice before the
beginning of the expected week of childbirth (expectant mothers will be able to provide this
information). In the case of adoption, you will need to provide 21 days’ notice of the expected
week of placement. In rare cases where this is not possible, an adoptive parent should give
notice as soon as is reasonably practicable.
Who is covered by this policy?
This policy covers all employees of the FCA.
Ownership, updates and query management
This is the FCA’s Parental Leave Policy as at April 2015. The policy is owned by the HR Division
and has been developed, where appropriate, in conjunction with the Staff Consultative
Committee.
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The policy is not contractual and is subject to change at the discretion of the FCA – we will
publish any changes on the intranet.
If you have any questions on how the policy applies, contact the HR Helpline on extension
67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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6.
Health, Safety & Security
Driving at Work Policy
The FCA is committed to ensuring the health & safety of its employees whilst at work. This
policy sets out the requirements and guidance for those individuals who:

Use hire cars on behalf of the FCA;

Claim mileage for use of private vehicles for FCA business purposes; or

Drive on behalf of the FCA, i.e. chauffeurs.
Principles
What you can expect from the FCA
The FCA will:
Ensure adequate risk assessments are carried out on those groups who drive for a significant
portion of their role.

Ensure all chauffeurs have access to suitable driver training if required.

Will provide suitable alternative transport or accommodation if travel or working day
exceeds 12 hours, in the event of unforeseen circumstances. This will be via Hillgate
Travels 24 hour service, phone.0207 066 9971.
What the FCA expects from you

All employees driving on behalf of the FCA must have a current valid full driver’s licence
that enables them to drive in the UK.

All drivers need to observe normal rules of the road as set out in the
Highway Code.

You should not use handheld mobiles or any other handheld communication devices whilst
driving.

No employee should ever drive if they are over the legal drink driving limit.

The use of illegal drugs is prohibited. If using over the counter medicines and prescription
medicines please ensure you check with either your GP or pharmacist about whether it is
safe for you to be driving.

Employees hiring cars on behalf of the FCA must adhere to the terms and conditions set
out by the hire car company (currently Enterprise Rent-a-Car).

All private vehicles must be road worthy and have a current MOT if applicable.

All private vehicles must have adequate insurance for business use in the name of the
employee driving the vehicle and sign a self-declaration on the expenses form when
driving for business purposes.

All drivers of private vehicles must provide any of the above named documentation to the
FCA if requested.
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Guidance for employees driving for work:

All employees should allow a suitable amount of time for the journey
distance proposed.

It is recommended employees take adequate rest breaks from driving and ensure this is
planned into the journey route.

All employees should stop driving immediately if they are noticing signs
of fatigue.

The maximum time an employee should drive for is 9 hours in any working
day and should not drive and work in excess of 12 hours in any given day or
24-hour period.

If a minibus is used, the employee must have additional training in driving a mini bus and
provide adequate documentation.
Useful links:
Travel and Transport website
Who is covered by this policy?
This policy does not apply to commuting, unless the employee is travelling from their home to
a location which is not their usual place of work.
This policy covers all individuals for the FCA at all levels and grades, including Directors, Heads
of Departments, Managers, Technical Specialists, Senior Advisors, Associates, Administrators,
Secretaries, Graduates, homeworkers, part-time and fixed term employees and agency staff
(collectively referred to as employees in this policy).
Ownership, updates and query management
This is the FCA’s Driving at Work Policy as at December 2009.
The policy is owned by the Health & Safety Adviser and has been developed in conjunction
with the Staff Consultative Committee and the HR Division.
The policy is subject to change at the discretion of the FCA – any changes will be published on
the intranet.
Any questions on the application of the policy should be directed to the HR Helpline on
extension 67070.
Contractual status of this policy
This policy does not form part of your contract of employment, with the exception
of FCA Chauffeurs who have additional contractual clauses and working practices
in place.
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Eye Test Policy
Principles
What you can expect from the FCA
The Display Screen Equipment (DSE) Regulations 1992 (Amended 2002) relate to the correct
use of DSE. We place the highest priority on observing the measures set out in the regulations
and will do the following:

Train users in the use of their workstation.

Check that DSE users’ desks, chairs and working environment provide the best working
conditions that are reasonably achievable. Special requirements must be supported by a
letter from a doctor or specialist adviser, which we will pass for consideration to our
Medical Adviser.

Contribute towards the cost of eye tests and eye care. The FCA will contribute up to £20
annually towards the cost of this test carried out by a qualified optometrist. If the test
reveals that glasses/contact lenses are needed for VDU work, the FCA will contribute up to
a further £60 towards the costs of glasses/contact lenses.
What the FCA expects from you

Take responsibility for arranging regular/annual eye tests.

Obtain the relevant receipt and written evidence.
The policy
To claim for an eye test only – you must complete a staff expenses claim form (see “Forms” on
My FCA Hub) and attach the receipt from the optometrist showing the value of the test. We will
reimburse up to £20.
If you also wish to claim up to £60 towards glasses/contact lenses, your optician must provide
a written statement to confirm the glasses/contact lenses are required for VDU use. We will
not be able to reimburse where the statement only confirms general use.
You should forward the completed expenses form, with receipts and VDU statements, to the
Accounts Payable team to make payment. Please note you do not need line manager approval
for eye care claims.
Who is covered by this policy?
This policy covers all employees.
Ownership, updates and query management
This is the FCA’s Eye Test Policy as at April 2009.
The policy is owned by the HR Division and has been developed in conjunction with the Staff
Consultative Committee and the Health & Safety Adviser. It is not contractual and is subject to
change at our discretion – any changes will be published on the intranet.
Any questions on the application of the policy should be directed to Staff Expenses or
extension 62105.
Contractual status of this policy
This policy does not form part of your contract of employment.
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Health and Safety Policy
Detailed information on health and safety matters is contained in the FCA Health and Safety
Manual, which is available for reference from the Health and Safety Adviser.
What you can expect from the FCA

The Chairman, Chief Executive and Managing Directors wish to pursue a policy to promote
health and safety at work and seek the cooperation of all employees for that purpose.

We will provide working conditions that comply with the relevant statutory requirements
and officially approved codes of practice that are designed to ensure good standards of
health and safety.

Line management is responsible for implementing and maintaining this policy throughout
the organisation, and will ensure that health and safety considerations are given priority in
planning and day-to-day supervision of work.
In so far as it is reasonably practicable we will ensure that:

the working environment is safe, there is no risk to your health and that adequate
provision is made with regard to the facilities and arrangements for your welfare at work;

we will work with the landlord of shared tenancy buildings to ensure they met their duty of
care to all statutory obligations and requirements;

we provide adequate resources to ensure that proper provision can be made for health
and safety;

risk assessments of equipment, premises, procedures and processes are carried out and
periodically reviewed;

we provide and maintain systems of work that are safe and without risk to health;

arrangements for use, handling, storage and transport of articles and substances for use
at work are safe and without risks to health;

we provide you with such information, instruction, training and supervision as is necessary
to secure your health and safety at work and the safety of others who may be affected by
your actions;

the provision and maintenance of all plant, machinery and equipment is safe and without
risk to health

the place of work is safe and there is safe access to and exit from the workplace;

monitoring activities are undertaken to maintain agreed standards.

the health and safety policy will be reviewed at least once a year and will
be amended and updated as necessary – you will be notified in writing of
such changes.
What the FCA expects from you

Take reasonable care for the health and safety of yourself and others who
may be affected by your acts or omissions. Cooperate with us in fulfilling our statutory
duties.
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
Read and comply with all relevant rules and procedures regarding safe working.

Do not interfere with or misuse anything provided in the interest of health
and safety.
The policy
Accidents at work – accident reporting
All accidents, injuries and cases of ill-health caused by, or affecting, your work must be
reported without delay. If you are injured, no matter how slight your injury may appear, you
must always report it to your line manager, ensure that you are seen by a first-aider and that
the details of your accident or injury are recorded using the first-aid incident form on My FCA
Hub. All dangerous occurrences and ‘near miss’ incidents should also be reported in the same
way.
You must not work if you have taken medication or any other substance that could adversely
affect your ability to operate equipment or work safely.
If you see a situation in which a potential accident could occur, or where an injury could be
sustained by anyone in the building, you should report it immediately to the Facilities Helpdesk
(ext. 69696).
You must report any damage to FCA or contractors’ property to the Facilities Helpdesk (ext.
69696).
You must read and comply with all notices, instructions, hazard and warning signs provided for
your information.
First aid provision
A number of employees are qualified to give first aid and they retain first aid boxes
at their work stations. A list of first-aiders, together with their locations, is available on My FCA
Hub.
Reporting of Injuries, Diseases & Dangerous Occurrences Regulations 1995
(RIDDOR)
We have a policy statement on chronic infectious illness which reflects the FCA’s policy of
providing a safe and healthy workplace for all employees. Further information on the policy
and RIDDOR are available from the Health and Safety Adviser.
Emergency procedures
Fire – general
As far as is reasonably practicable, we will take steps to minimise the risk of fire. Selected
employees will be appointed as Fire Marshals. They will be given training in basic fire
prevention measures, use of fire equipment and evacuation procedures.
Our fire evacuation practices and procedures are in accordance with our legal requirements.
You are required to observe the following. Failure to do so could lead to disciplinary action,
possibly including dismissal.

Corridors, stairways, steps and other escape routes must be kept free from obstructions
(such as rubbish bags, deliveries, wrappings, equipment, etc.) that block the escape
and/or obscure alarm equipment, extinguishers or signs indicating fire exits.
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
Fire doors must never be propped open (with extinguishers or wedges of any kind).
Access doors linked to the fire alarm system will fail to secure (open) in the event of a fire
alarm actuation.

Any faults with lighting or other equipment should be reported to the Facilities Helpdesk
on: 020 7066 9696. Any concerns you may have about fire hazards should also be
addressed to the Facilities Helpdesk, so that appropriate measures can be taken to
eliminate the problem.
In the event of fire
In the event of fire, you should do the following.

Raise the alarm.

Follow the specific building instructions in respect of evacuation and listen to instructions
from your Fire Marshal.

Attempts to extinguish the fire should only be made if it is safe to do so.

Assemble at the designated fire assembly point.

Do not run, use lifts or stop to collect personal belongings.

Do not re-enter the building until instructed that it is safe to do so.
Bomb alerts
It is not possible to be prescriptive about what to do in the event of a bomb warning, but the
following general rules should be observed.

Do exactly what you are told by the emergency services, either directly or through the
FCA Services Management Team or FCA employees.

Do whatever is necessary and sensible to reduce the risk of injury, i.e. if there is a known
bomb threat and you have not been told to evacuate the building, retire to the safest area
within your building. This will normally be a building core area, away from the risk of
broken/flying glass.

If you are in the building out of normal working hours and an incident takes place (either
directly affecting the building or in the close vicinity) the most senior person present must
take responsibility for notifying the FCA management of the situation through the security
desk.

If you are in the vicinity of an incident away from the office and your whereabouts or
safety may be uncertain, please telephone your line management.

The safety of staff and visitors is always paramount. Never jeopardise personal safety in
the interest of safeguarding property or information.

If the building is seriously damaged as a result of a major incident, which occurs outside
normal office hours or at a time when you are not present in the building, you should not
return to the building until you have received instructions from the FCA.

If a major incident such as a terrorist incident has affected the building, you should
contact the Freephone Incident Information Line on: 0500 078780. It will give you an
update on the incident and provide advice on any action you may need to take. This
number can be accessed at any time and you will not be charged for the call.
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Manual handling
When handling loads manually, you must use the methods that are indicated by the FCA to
reduce the risk of injury. All staff involved in manual handling will receive appropriate training.
Working Time (Amendment) Regulations 2001
The Regulations relate to limits on working hours and entitlements to rests. We want to ensure
that we comply with them and will:

monitor working hours and keep records of these;

provide free health assessments for night workers and keep records of these.
We may require you to keep a record of your working time and rests to assist the monitoring
process. Please see Hours of Work for further information.
Secondees, visitors and contractors
We have a responsibility under the Health and Safety at Work Act (1974) to ensure that people
who are not employees of the FCA are not exposed to risks to their health and safety while
working for the FCA or visiting our premises.
Who is covered by this policy?
This policy covers all employees. This also applies to consultants, contractors, temporary
workers and those seconded to the FCA.
Ownership, updates and query management
This is the FCA’s Health and Safety Policy as at April 2010.
The policy is owned by the Health & Safety Adviser and has been developed in conjunction
with the Staff Consultative Committee and the HR Division.
The policy is not contractual and is subject to change at our discretion of the FCA – any
changes will be published on the intranet.
Any questions on the application of the policy should be directed to Facilities or extension
69696.
Contractual status of this policy
This policy does not form part of your contract of employment.
Detailed information on health and safety matters is contained in the Health and Safety
Manual, which is available for reference from the Health and Safety Adviser.
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Safety when Visiting External Organisations Policy
Principles
What you can expect from the FCA

We will manage any safety in line with the following principles:

We see the safety of employees on visits to external organisations as paramount and will
take all reasonable steps to minimise genuine risks.

Work with you to identify risks and mitigate the risk where possible.

Provide guidance on how to minimise risk via this policy.
What the FCA expects from you

For the vast majority of visits, safety is not an issue, but the purpose of this policy is to
provide a list of sensible precautions that you should take if you are undertaking a visit
where safety is, or may be, an issue.

Work with the FCA to identify where safety may be an issue.
The policy
Identifying situations where safety may be an issue
The following questions may be indicators of potential risk situations:

Is the area that you are visiting potentially unsafe?

Are you visiting the firm to discuss a difficult matter/investigate an issue?

Does the firm have any known history or is there any knowledge of ‘unacceptable or
intimidating behaviour’ towards colleagues?

Does the organisation that you are visiting have unconventional premises?
If the answer to any of these questions is ‘yes’, you should consider some or all of the
additional precautions listed below.
Precautions to take in advance of the visit
The key to safety is good planning. You need to try and consider all eventualities and ensure
that you have researched your travel plans prior to any site visits.
Dressing down when attending visits
Where you are visiting a potentially unsafe area, or an area not normally associated with
business dress, you may choose to dress down if this would make you less conspicuous.
However, where there is a possibility that the firm themselves may not relax their dress code
you may want to confirm prior to the meeting that casual dress is acceptable. It may be better
to carry your laptop in a different style of bag to avoid drawing attention to it.
Use of Taxis and Hire Cars
The FCA’s policy on taxis and hire cars is that they should only be used where it is cost
effective to do so. However, it is acceptable for this policy to be over-ruled where safety is an
issue. Where possible, this should be approved in advance with your line manager.
Number of Team Members on Visits
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If you are attending a visit on your own and you have identified that it may be a risk situation,
it may be a sensible precaution to take a colleague along with you. You must however, discuss
the way forward with your line manager.
Personal Safety Awareness
If the nature of your role means that you are exposed to situations where you may be at risk,
a training course given by the Suzy Lamplugh Trust (a national charity for personal safety)
may help. Please let your line manager know if you are interested. If there is sufficient interest
then training will be arranged.
Alarms
If you wish to have an alarm then we recommend alarms that have been researched and
approved by the Lone Worker Directory Service on the Suzy Lamplugh Trust website. They can
be loaned from the Security Control Room at 25 TNC. We urge that these be carried on all
visits where safety may be an issue.
Mobile Phones
It is advisable for all employees who are visiting an external organisation to ensure they have
a mobile phone which is fully charged. You should also ensure that members of staff at your
normal location have your number, as it is imperative that all staff out on visits are contactable
at all times for safety reasons. If you do not have a mobile telephone, or you do not wish to
use your personal phone for business purposes, speak to your line manager about borrowing
one from the phone pool for specific visits.
We believe that any violence or threat of violence used against any of our staff is
unacceptable, in whatever form it takes and regardless of the motivation for it (if any). This
includes any aggressive behaviour, which leads to stress or intimidation for an employee, or
any form of physical violence.
Research the area that you are visiting
You should ensure that you research your visit beforehand. Maps of areas can be obtained
from either www.multimap.com or www.streetmap.co.uk, www.theaa.co.uk also provide some
useful road maps and directions.
Make sure someone knows where you are
If you are visiting an external organisation you should make sure that a colleague or a family
member knows where you are, which organisation you are visiting, who is your contact within
the organisation and what time you are due to return. If colleagues live alone you may wish to
consider setting up a ‘buddy’ system to ensure that they arrive home safely following a visit.
If an incident does occur
Dealing with a hostile situation
If you think you are in danger you should try to minimise the chance of confrontation. Advice
on how to do this is available from the Suzy Lamplugh Trust but some basic advice is that you
should:

Stay calm, speak gently, slowly and clearly and be aware of the tone of
your voice.

Appear calm and confident, keep a relaxed posture and avoid an
aggressive stance.

Do not be enticed into an argument and listen to the individual.
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
Keep your distance.

If you think you are in danger – leave.
Reporting the incident
Any physical assault, no matter how minor should be reported to the Police in the area
concerned. All situations where behaviour exceeds normally acceptable limits must be reported
to your line manager and this will be reported using the standard accident / incident reporting
procedures. You should report the incident even if you think it seems fairly trivial to you. Not
to do so could put others at risk.
The information that is collected will be analysed to identify any trends. If potential risks are
identified in particular areas or at particular firms then further action will be taken to ensure
that these risks are minimised.
Sources of further advice
Risk of Harm Framework
Health and Safety Officer
www.suzylamplugh.org
Who is covered by this policy?
This policy covers all employees.
Ownership, updates and query management
This is the FCA’s Safety When Visiting External Organisations Policy as at April 2009.
The policy is owned by the Corporate Protection & Resilience Department and has been
developed in conjunction with the FCA’s Staff Consultative Committee.
The policy is not contractual and is subject to change at the discretion of the FCA – any
changes will be published on the intranet.
Any questions on the application of the policy should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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Security Policy
This policy explains the various security arrangements we currently have in place at the FCA
and related monitoring. At the end of the policy there is a brief reminder about the monitoring
associated with the Flexitime scheme.
Principles
What you can expect from the FCA

A high priority placed on security, both of the people who work here and our property
(including information that we hold).
What the FCA expects from you

Understand your responsibilities and contribution to the security of the FCA and its people.

Cooperate with the security team where required to do so.
The policy
Building security
Security ID pass
You will be issued with a security ID pass containing your photograph. You must wear and
display your pass at all times when inside the building and present it to security staff on
request.
Your security pass must not be loaned or given to others (whether FCA staff or not).
If you lose your pass you must report the matter immediately to the Security Control Room on
extension 63838 (manned 24hrs a day, 365 days a year). Security passes are the property of
the FCA and must be returned at the end of your employment or engagement.
Security control
FCA premises are protected by specialist security guards and a range of electronic measures.
The buildings are equipped with an Automatic Access Control System to control access to the
building and specific facilities throughout.
Your security ID pass enables you to enter and leave FCA premises; a key fob is used for
Edinburgh. If you need to enter a secure area in connection with your work, or if you are a
member of the fitness centre, you gain access by using your pass. We conduct routine audits
of the access log, both for security reasons and to determine occupancy rates of 25TNC from
time to time. We may also run a check of the log in other circumstances, including, but not
limited to:

an emergency situation where there is a need to check who may be in the building;

where we have reasonable belief that there has been, or there is about to be, a breach of
security.

where we reasonably believe a criminal offence has been or may be committed;

where we reasonably believe a member of staff is in breach of their contract or another of
our rules (for example, in relation to working hours obligations), or is otherwise abusing
our trust.
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As a result of a routine audit or a spot check, we may decide to investigate further an
individual’s record of card swipes. Such investigation may include cross-references to other
logs of information, such as iTime.
Visitors
Reception must be notified of all visitors in advance. On arrival, all visitors should report to
ground floor reception. Procedures for notification and booking conference facilities are set out
in the services A – Z guide on the Intranet.
Visitors will be provided with a visitor’s badge for identification purposes and will be required to
wear and display their badges at all times. They will not be permitted on office floors unless
accompanied at all times by a member of staff. The host is immediately responsible for
ensuring that security and safety are maintained. Visitors must be accompanied by their hosts
throughout their visit.
CCTV
FCA premises are protected by CCTV cameras. These are stationed at various points, including
access and egress points, secure areas of the building and certain storage and/or emergency
areas. The cameras are visible. Their positions have been determined by the need to maintain
security of the building, its staff and visitors and property.
Footage from the cameras is monitored regularly around the clock to ensure that we are
alerted to any suspicious or dangerous activity, including possible breaches of security or the
commission of an offence.
Right to search
We reserve the right to search you and any of your property held on FCA premises at any time
if there are reasonable grounds to believe that:

you are guilty of any breach of the FCA’s rules and regulations;

the search will result in the finding of evidence of regulatory breaches; or

the search will result in the finding of evidence of criminal activity.
Any search will be conducted by a member of security, with your consent, in the presence of
an agreed witness. Where a personal search is necessary, this will be carried out by a person
of the same sex as the person being searched. The personal search may involve you being
invited to empty your pockets, bags, etc. No physical contact will be made. Searches will be
carried out courteously, sensitively and discreetly. An individual has the right to be searched in
a private room.
You may refuse to permit the search and there is no disciplinary sanction for this. However, as
the reasons we ask to search you may amount to misconduct, we may invoke the Disciplinary
Procedure and inferences may be drawn from your refusal to be searched.
We may at any time invite the police to search, with or without a warrant, FCA premises
and/or people present on FCA premises who are suspected of criminal or other illegal activity.
If you refuse to permit the search to take place, your refusal may be treated as gross
misconduct and action taken in accordance with the Disciplinary Procedure.
Photography on FCA our premises
There are many departments in the FCA who work with sensitive commercial information.
Photography within FCA premises is a potential risk to the security of this information.
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Where there is commercial photography or filming inside our premises, the photographer will
need authority from the Press Office. Photographers must always be hosted and escorted into
the building and must have a specific brief as to what they can and cannot photograph.
Security must be notified in advance of any commercial photography within FCA premises.
If you or one of your visitors wish to take photographs inside our premises for personal
reasons, this is generally restricted to public areas such as reception. If you wish to take
photographs inside office areas, you must seek permission from the Corporate Protection and
Resilience Department, who will not generally object, but will make certain you are aware that
you are restricted from photographing documents, security devices, computers and data
rooms.
ITime Recording System
All employees are required to accurately record their hours worked in iTime. These records are
routinely reviewed both to administer and audit the iTime system. The records may also be
subject to random checking, including cross-checking with the security system time-logs, in
circumstances such as (but not limited to):

auditing overtime claims by cross-checking records to ensure there are no claims under
both the Flexitime and overtime rules for the same time period;

where we reasonably believe a member of staff is in breach of their contract or another of
our rules (for example, in relation to working hours obligations), or is otherwise abusing
our trust;

where we reasonably believe a criminal offence has been or may be committed;

where we have a reasonable belief that there has been, or there is about to be, a breach of
security.
Failure to comply with the rules in this policy may lead to disciplinary action being taken
against you, including dismissal.
Please note that this policy does not form part of your Contract of Employment. It will be
reviewed, updated and amended from time to time and it is important that you familiarise
yourself with any changes.
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Contractual information (start)
Document security
At the close of business each day, all papers and laptops should be locked away. During the
working day, papers should not be left unattended in a way that makes it easy for
unauthorised persons to read or take copies.
Only sufficient copies of papers should be made for the needs of filing and appropriate
distribution. Lost confidential papers should be reported to your line manager immediately. All
confidential papers must be disposed of in the confidential waste system.
Security of computers
You must not attempt to access computer systems or the data held on them unless you have
been given the necessary authority. As a general rule, you must not give your password to
anyone else unless you believe someone has a legitimate reason to need it. If you do give your
password to anyone, you must change your password as soon as practical afterwards, by using
the change password option, or by contacting the IS Helpdesk.
Misuse of the computer system(s) and the data held on them, which causes or could cause
embarrassment, loss or inconvenience to the FCA, its regulated firms or any other organisation
about which we hold or are able to access information, will be regarded as a disciplinary
offence, which could result in dismissal.
Please refer to the Disciplinary Procedure for further information.
Security over the telephone/fax machine
You are reminded that there is no guarantee of security over the telephone network. All
telephone conversations should be conducted with this in mind.
Caution must be exercised when transmitting confidential and sensitive data by fax to ensure
that confidentiality is maintained by all parties.
Security vetting
FCA employees undergo a pre-employment check, which incorporates all elements of the
Government Baseline Personnel Security Standard checks. This means that FCA staff can have
access to all grades of FCA information and certain grades of Government-owned Protectively
Marked information without further screening (subject, in each case, to having a business need
to know the information).
Some posts, whilst not requiring employees to have access to Protectively Marked information,
need post-holders to have constant access to sensitive FCA information. Post-holders should
therefore be screened at regular intervals to validate that they continue to meet the Fit and
Proper Test for Approved Persons. The FCA has set its risk appetite at 5 years for re-screening
designated post-holders, which is the elapsed period since initial screening or last re-screening
if still in a designated post. If the individual leaves a designated post, the requirement for rescreening lapses, but a person will be re-screened if they subsequently move to another
designated post and more than 5 years has elapsed since last screening.
For constant and regular access to the higher Protectively Marked material, the Cabinet Office
policy requires individuals to be security vetted in line with National Security Vetting (NSV)
standards. Additionally, for some roles, NSV clearance may be specified to recognise the fact
that the appointment gives the post-holder opportunities to damage the national interest or
has a sufficient impact on reputation to require a higher degree of assurance than the Fit and
Proper Test for Approved Persons.
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The FCA’s policy is to undertake national security vetting on a role need basis. If you are
recruited into a job that requires you to be security cleared, your appointment will be
conditional upon the appropriate level of clearance being granted and maintained. This applies
whether the recruitment is internal or external.
If the nature of the role in which you are currently working changes, or if the security
requirements placed on the role change, your manager will discuss the implications with you
after consultation with a member of HR Frontline or your Senior HR Business Partner.
Personal and FCA property
You are responsible for ensuring that any of the FCA’s property in your possession is properly
safeguarded and kept secure at all times. Any loss should be immediately reported to the
Security Control Room.
We do not accept responsibility for loss of, or damage to, private property (including cash).
You should ensure that personal property, especially handbags, are not left unattended and
are locked away. Any missing article should be reported immediately to the Security Control
Room on ext. 63838.
On leaving the FCA’s employment, you must ensure that you return all equipment and other
items belonging to the FCA.
Contractual information (end)
Please report any photography inside our premises that you are suspicious of or that you
believe has not been approved.
Who is covered by this policy?
This policy covers all permanent and fixed-term employees.
Ownership, updates and query management
This is our security policy as at May 2011.
The policy is owned by the Corporate Protection & Resilience Department and has been
developed in conjunction with the Staff Consultative Committee.
The policy is not contractual and is subject to change at our discretion of the FCA – any
changes will be published on the intranet.
Any questions on the application of the policy should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
This policy does not form part of your contract of employment, unless
otherwise stated.
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Travel Health Policy
Principles
What you can expect from the FCA
The aim of this policy is to minimise risks, as far as is reasonably practicable, to the health of
staff who undertake business travel, and to minimise the impact of travel-related ill-health.
The FCA will ensure that all employees who travel on business are:

adequately prepared for their journey;

fit to undertake that journey;

briefed with journey specific travel health advice and receive
necessary vaccinations.
What the FCA expects from you

Take the precautions as set out below.
The policy
Fitness to travel
Prior to undertaking any short-term overseas business travel, you are encouraged to undergo
a health assessment with the Occupational Health Adviser (OHA) to ensure your fitness to
travel:

The initial assessment will be in the form of a health questionnaire.

Should any health issues be disclosed, it may be necessary for you to be assessed further
either by your GP or a medical advisor appointed by the FCA.

Should you be considered unfit to travel, your line manager will be notified in writing by
the OHA. This notification will not disclose the reason you are unfit
to travel.

Journeys to destinations of high risk (as determined by the TRAVAX database that is
accessible by the OHA) may need to be delayed to ensure you are fully protected by
recommended and/or compulsory vaccines.
Pre-travel preparation – role of the OHA
Specialist travel health advice is available from the on-site OHA, who can be contacted on
extension 63900. The OHA will provide pre-travel advice and details of the necessary
vaccinations.
If you undertake business travel, you are encouraged to make an appointment with the OHA
(through the HR Helpline) four to six weeks before departure to allow sufficient time to ensure
adequate protection.
In addition to assessing your fitness to travel, the OHA will provide:

advice on the management of any pre-existing health conditions that may be adversely
affected by international business travel;

journey specific and any other necessary travel health education and information using the
TRAVAX database;
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
referral to a Health Centre for travel vaccinations as appropriate to risk by destination;

emergency response traveller’s first-aid kit according to risk by destination

sterile medical equipment pack as required according to risk by destination

advice on the risks of malaria and its prevention, and malaria tablets for those travelling
to malarious areas.
Anyone who requests Mefloquine will be required to complete a checklist and be seen by a
medical practitioner.
At the end of the consultation you will be asked to sign a declaration stating that, to the best
of your knowledge, you have received the appropriate travel health advice, immunisation(s)
and/or malaria prevention medication appropriate to the country/countries you are visiting.
If you refuse the recommended immunisation, the OHA will inform your line manager and the
Health and Safety Officer, who will consider the health and safety implications. This is to
ensure that, as an employer, FCA we fulfil our duty of care to you and that, as an employee,
you are not in breach of health and safety legislation. This could include a decision that you do
not travel on business to the high risk area.
Post travel assessment
If you have concerns about your health following a period of overseas business travel, you
should contact your GP.
A post-travel health assessment should be carried out in the following circumstances.

If you experience any travel-related medical condition while abroad.

If you have a chronic disease or medical condition.

If you experience a fever, diarrhoea, vomiting, jaundice, urinary disorders, skin or genital
infections in the weeks following your return from travel.

Following a long stay abroad (i.e. three months or more)

If you fall ill following your return to the UK.
A medical assessment may include an appointment with the OHA, completion of a post-travel
health assessment questionnaire, or an appointment with a physician.
Staff travelling to low-risk areas
If you are travelling to Western or Central Europe, North America, Australia or
New Zealand, you need only contact the OHA if:

you have specific concerns regarding your trip;

you intend to hire a car and drive abroad, in which case you should carry a
first-aid kit with you, which is available from the OHA;

you fall ill on your return.

You should also ensure, through your GP, that your British Vaccination Schedule is up to
date.
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Who is covered by this policy?
The policy applies primarily if you are travelling to ‘high risk’ areas (i.e. areas other than
Western and Central Europe, North America, Australia and New Zealand).
Ownership, updates and query management
This is the FCA’s Travel Health Policy as at April 2009.
The policy is owned by the HR Division and has been developed in conjunction with the Staff
Consultative Committee.
The policy is not contractual and is subject to change at our discretion of the FCA – any
changes will be published on the intranet.
Any questions on the application of the policy should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
FCA Employee Handbook 2016
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7.
Joining the FCA
Recruitment Policy
We believe the FCA’s success depends on having the right people in the right jobs within the
organisation.
The purpose of the FCA’s Recruitment Policy is to provide a framework to ensure we recruit,
retain and develop the best person for each job.
Principles
What you can expect from the FCA

We will manage any recruitment in line with the following key principles.

We will treat applicants fairly and, where necessary, we will vary our selection processes
to accommodate the needs of disabled applicants.

We will recruit people who not only have the right skills and behaviours for the job, but
who also have a strong commitment to the FCA and our aims.

We will train our recruiters and use selection processes that are fair, consistent and
objective.

We will provide successful applicants with the training, coaching and development they
need to do their job.

We will encourage employees to develop their careers within the FCA; however,
promotions will only take place following an open advertising process.

We recognise the diverse community in which we operate and encourage applications for
jobs from applicants irrespective of race, disability, sex, gender reassignment, pregnancy
and maternity, religion or belief, marriage or civil partnership, sexual orientation or age
(protected characteristics for the purposes of the Equality Act 2010) (or any other factor
that is irrelevant to the job).

We will not tolerate any form of discrimination in the workplace.

There may be managed moves, as described in this policy, whereby we may not advertise
a specific role.
What the FCA expects from you
We expect employees to:

apply for jobs using the FCA’s recruitment process;

declare any performance improvement or disciplinary warnings to the
recruiting manager;

inform your line manager if you are applying for an internal vacancy.
The policy

Where possible, vacancies will be openly advertised using the FCA’s online recruitment
system, unless there is a good business reason for not doing so.
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110

Applications will be submitted for jobs using the FCA’s online recruitment system.

Shortlisting will take place against the essential and desirable criteria for the job, and
interviews will take place using a range of competency based and technical questions.

The assessment process will be tailored to the requirements of the vacancy and will
comprise one or more of a range of exercises, e.g. interview(s), role play,
in-tray exercise, presentation, tests, etc.

The job will be offered to the best person for that job, taking into account the essential
and desirable criteria for the role.

All applicants will be informed of the outcome of their application in a timely manner

Applicants must meet the FCA’s standard for referencing and vetting, including, but not
limited to, the right to work in the UK, satisfactory credit checks, employment references,
criminal record checks and, where necessary, HMG Security Clearance (see the Security
Policy for further information on checks).
Internal moves
Employees are encouraged to develop their careers within the FCA and discuss internal moves
with their line manager, preferably through Talent Management discussions.
Before you apply for another job, you must have:

informed your line manager;

successfully completed your probationary period;

have been in your current role for a minimum period of 12 months; and

told the recruiting manager if you have a live performance improvement plan or
disciplinary warning.
During the recruitment process:

If you are invited to the final stage of the recruitment process, before attending, you
must:

inform the recruiting manager if you have a live performance improvement plan or
disciplinary warning
Following the recruitment process:
If you are successful:

you will be expected to remain in your new role for a minimum period of
12 months.
If you are unsuccessful:

you will receive feedback as to why;

you are encouraged to discuss the feedback with your current line manager and address
any development points.
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Transfers to new jobs will normally take place within four weeks of offer (plus any leave that
has been agreed during this period), unless the line managers of the respective areas agree
otherwise. When agreeing a transfer date, line managers will need to take existing and new
priorities into account.
Managed moves
A Managed move is defined as a lateral move to a role at the same grade, same salary and
equivalent job family for the purposes of any of the below:
•
Supporting longer term career development
•
People at risk of redeployment
•
To help fulfill business objectives or to fill a business critical role.
Managed moves are arranged at line manager’s/ HR discretion, can be temporary or
permanent, and will be on lateral terms only (same grade, salary etc).
No full recruitment process is required but an assessment should take place to ensure the
individual is appropriately qualified and able to meet the expectations of the role.
The line manager, individual and HR representative involved should agree the terms of the
managed move, including start/end date.
Should an employee have received a ‘1’ rating due to poor fit for role and this is covered as
part of their PIP, an exception can be made for a managed move to occur if both managers are
aware and the managed move is approved and facilitated by HR.
Acting up
Acting up is defined as a development opportunity to move to a more senior position, normally
within an employee’s current team or department to cover that role for a defined period of
time. Acting up applies to a move to a more senior job family as well as moves to a more
senior grade.
This will either be as cover for an employee who is absent from work (e.g. on maternity leave),
as an emergency successor (while a full recruitment process is completed for the vacancy) or
to fill a newly created business critical role for a fixed period (while recruitment is completed).
A period acting up in a role should be for a maximum of 12 months. Acting up allowances may
be offered subject to HR approval and only where the period acting up is longer than 3
months.
Assessment for acting up roles is required. Should the role become available on a permanent
basis following a period of cover a decision should be made on whether a recruitment process
is required. Where acting ups are used for emergency succession, or newly created critical
business need, a recruitment process should take place for the vacancy.
Where a permanent appointment is made the acting up allowance may be translated to a
permanent salary increase (taking into account any change to the individuals benefits).
Employee Referral Scheme Policy
You can receive an incentive payment for introducing candidates for hard to fill or high priority
roles. Please see the Employee Referral Scheme policy for full terms and conditions.
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112
Internal secondments
From time to time, short-term opportunities arise, which can be offered up as internal
secondments to employees within the FCA. These short-term opportunities arise for a number
of reasons, e.g. to provide cover for maternity leave, long-term sickness, external
secondments, or to support a department through a peak in workloads.
Internal secondments provide a short-term opportunity for employees to develop further the
skills, knowledge and behaviours valued by the organisation.
Your current line manager must agree that you can go back to your original job when the
secondment finishes. If it is not possible to return to your original job (e.g. due to a
restructure), you will return to a similar job on terms, that will be no less favourable than the
job that you left.
Re-employment
Former employees whose previous employment with the FCA proved satisfactory may be reemployed, subject to the normal recruitment process.
Circumstances where jobs might not be advertised

There will be occasions when jobs are filled without advertising the vacancy. This will
generally only happen in the following circumstances:

Where speed of movement is the primary consideration.

Where a managed or ‘directed’ move is a key element in someone’s career development
or will help the FCA spread new ideas and practices across
the organisation.

Where the skills and behaviours required for the new job are confined to very few
individuals within the FCA.

Where employees at risk of redundancy need to be redeployed directly into a job.

Where divisions reorganise and one or more of the above points apply.
Who is covered by this policy?
This policy covers all employees who have successfully completed their probationary period.
Ownership, updates and query management
This is the FCA’s Recruitment Policy as at October 2015.
The policy is owned by the HR Division and has been developed in conjunction with the Staff
Consultative Committee.
The policy is not contractual and is subject to change at the discretion of the FCA – any
changes will be published on the intranet.
Any questions on the application of the policy should be directed to Experienced Professionals.
Contractual status of this policy
This policy does not form part of your contract of employment.
FCA Employee Handbook 2016
113
Probation Policy
The FCA believe it is important to have a probationary period because it gives the employee
the opportunity to understand what is required of them in their role and an opportunity to
demonstrate that they are able to apply the performance, behaviours and attendance levels
required.
The probationary period also gives the FCA an opportunity to provide any relevant training and
coaching required in their first few months and for the line manager and the employee to
discuss progress in the role. In this way, the employee can ascertain whether this is the right
role for them, and the FCA can ascertain whether the employee is right for the role.
Who is covered by this Policy?
This policy covers all FCA employees who are in their probationary period.
Principles
What you can expect from the FCA
During your probationary period you can expect your line manager to:

make you aware of the standards required of you

let you know how your performance will be measured

provide training and support to help you meet the standards required

review your progress against the standards required

meet with you to discuss your progress and agree any additional support that is needed to
help you meet the standards required

make you aware of the consequences of not meeting the standards
What the FCA expects of you
We expect you to:

talk to your line manager if you are unclear about the standards expected of you

let your line manager know at an early stage if you are finding it difficult to perform
to the standards required of your role – they will then be able to assess the help you need

apply any training, coaching or other support provided to help you in your role – and ask if
you need additional help

take personal responsibility for undertaking your role to a satisfactory standard
The Probation Procedure
When you join the FCA your line manager will ensure you receive an appropriate induction.
Between you and your manager you should agree objectives that explain what is required in
the role and how you will be measured.
You and your manager should meet regularly during your probationary period to discuss your
progress, where you are meeting or exceeding the requirements of the role and where you
need further development. Any appropriate training, coaching or development should be put in
place for you as soon as possible to give you the best chance of success in your new role.
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114
Dealing with problems during the probationary period
If there are any problems with performance, behaviour or attendance during the probationary
period, your line manager will talk to you about their concerns and identify ways to support
you to address these problems.
Performance
Performance concerns during the probationary period may indicate a mismatch in the skills of
the new employee and the needs of the role. It is important that everyone is clear on the
standards of performance expected of them, but this is particularly important for new
employees. Line managers must regularly monitor the performance of new employees to
identify and address problems quickly.
If your level of performance does not meet the standards required for the role you are doing,
your line manager may make the decision to end your employment during your probation
period. Line managers can seek further advice from the HR Helpline.
Behaviour
We expect employees to comply with reasonable instructions, the terms of their contract of
employment and the FCA’s conduct, policy, security and compliance standards.
If there are concerns about your behaviour the FCA’s Disciplinary Procedure may apply. Line
managers can seek further advice from the HR Helpline.
Attendance
If there are attendance concerns or you are absent for a significant part of your probation this
is likely to impact the outcome of your probation and it may be necessary to extend the
probationary period or end your employment. If you are absent due to sickness and there is an
underlying medical condition, which is likely to be considered a disability under the Equality Act
2010, your line manager can seek advice from Occupational Health.
Outcome of the probationary period
Towards the end of your probationary period, the duration of which is stated in your contract,
your line manager will decide whether:

you meet the required standards and your employment is to be confirmed

they need more time to assess you and want to extend the probationary period or

you have not met the standards required and they want to end your employment
Confirm employment – successful completion of your probationary period
Your line manager should meet with you to tell you that your probation has been successfully
completed. You will receive an email confirming the successful completion of your probationary
period.
Extend the probationary period
Generally, the probationary period provides enough time to assess an employee’s performance
and behaviour, and should only be extended in exceptional circumstances. If an improvement
in performance or behaviour is still required, or the line manager wants to make sure any
improvement can be maintained, it may be appropriate to extend the probationary period. Line
managers may also want to extend the probationary period if the employee has been absent
from work for an extended period during probation.
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115
Where your line manager is considering an extension to your probation period a meeting will
be arranged with you to discuss this. If your line manager decides to proceed with an
extension, you will be told what you need to do to meet the required standard and by when.
Timescales for extensions will vary according to the individual case but a one month extension
should generally provide sufficient time for review. It is unlikely that any probation would need
to be extended by more than three months. Line managers should contact the HR Helpline for
advice if this is the case.
End employment
Ending an employee’s employment either during or at the end of their probationary period is
regarded as a dismissal in line with the FCA’s Dismissal Procedure.
Length of probation periods
The length of an employee’s probation period is stated in their contract of employment.
Contractual information (start)
For permanent employees
Job Title
Probationary Period
Head of Department, Manager & Associate:
Six months
Administrator/Secretary:
Three months
For Fixed-term employees
Job Title
Length of contract
Probationary Period
Head of Department, Manager &
Associate:
Less than one year
One month
One year and over
Three months
Less than one year
One month
One year and over
One month
Administrator/Secretary:
Contractual information (end)
Ownership, updates and query management
This is the FCA’s Probationary Policy as at December 2014.
The policy is owned and was developed by the HR Division. It has been discussed with the
Staff Consultative Committee and their comments have been incorporated where appropriate.
The procedure is not contractual and is subject to change at our discretion of the FCA – any
changes will be published on the intranet.
Any questions on the application of the policy should be directed to * HR Helpline or extension
67070.
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116
Relocation Policy
This policy sets out the FCA’s provisions for financial assistance for relocation. At the discretion
of the Divisional Director, this assistance may be given to newly appointed employees at
Associate level and above whom, as a direct result of accepting a position with the FCA incurs
expenses in relocating their home nearer to the FCA location. This assistance may also be
given to current employees who are moving to/from the Edinburgh and London offices.
This policy is for employees who relocate on a permanent basis or a fixed-term of a period that
the FCA considers sufficiently substantial on a case by case basis (usually 2 years or more).
Secondees are not covered by this policy as separate expenses arrangements are in place
through the Secondment Team.
Relocation assistance will be judged on a case-by-case basis by considering the employee’s
individual situation and the business needs of the FCA. The FCA therefore retains discretion to
allow or not allow relocation assistance, or to tailor the extent of any relocation assistance to
suit the particular circumstances of each case. However, the FCA will always act fairly and in a
non-discriminatory manner.
Principles
What you can expect from the FCA

When we offer you a role, we will agree any financial assistance that might apply in
respect of your relocation. This will be confirmed in writing.

The Divisional Director, in conjunction with the relevant Recruitment contact, will consider
the facts of the case before communicating their decision in respect of any relocation
assistance.

Reasonable relocation assistance will only be provided to newly appointed employees, or
employees transferring between the FCA’s London and Edinburgh offices, following written
agreement by the Divisional Director.

Payment will be made through the Staff Expenses Process, supported by receipts and
authorised by the appropriate level of manager as set out in the Expenses Policy.

Any agreed relocation assistance is a contribution to the cost of relocation only and is not
intended to meet fully all costs associated with relocation, although it may do so in some
circumstances.
What the FCA expects from you

You will not pay for or commit to any relocation expenses until the FCA’s relocation
assistance has been confirmed in writing.

You will provide the FCA with original receipts and invoices from all relocation expenses, in
line with HM Revenue & Customs (HMRC) guidance (see below).

You will only spend the relocation assistance on items authorised by HRMC guidance.
The policy
Eligibility
At the discretion of the FCA, financial assistance for relocation may be made available to
employees at Associate level and above and will be restricted to roles that are considered to be
critical roles and/or requiring key skills at that time.
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If you are eligible for relocation assistance you will be advised of this by the recruiting
manager or the Resourcing Team contact when we offer you the role. This will then be
confirmed in writing.
To be eligible for relocation assistance, your main residence at the time of offer must not be
within what the FCA considers to be reasonable travelling distance of your new place of work.
Your new permanent residence must be within what the FCA considers to be reasonable daily
travelling distance of the new FCA location. We recommend a maximum journey time of 90
minutes each way.
Amount available
The exact amount of any relocation assistance will be determined by the Divisional Director (or
Managing Director if there is no Divisional Director), in conjunction with the relevant
Recruitment contact from the HR Division, and based upon the specific needs of the case. The
maximum level of relocation assistance provided by the FCA will be £8,000 (see below for tax
details). It will be paid through the Staff Expenses Process, supported by receipts and
authorised by the appropriate level of manager (see the Expenses Policy).
This policy provides for a contribution to the cost of relocation only and is not intended to meet
fully all costs associated with relocation, although it may do so in some circumstances.
Taxation
All offers of relocation assistance are subject to HM Revenue & Customs regulations. You are
responsible for any statutory income tax and national insurance liability incurred as a result of
receiving relocation assistance. The first £8,000 is exempt from tax providing that certain
conditions are met, including that the new property is your main residence. Relocation costs
above £8,000 (as at 2010) are a taxable benefit. The FCA is not responsible for tax advice on
these matters so you are responsible for seeking advice and following legal guidelines as exist
from time to time.
Relocation must be completed before the end of the tax year (5 April) after the one in which
you take up your new position.
The relocation assistance may be spent on, but is not limited to, the following goods or
services, as in line with the HMRC guidance:

transporting your belongings to the new residence;

domestic goods for the new residence;

legal fees associated with the selling of your existing home or the buying of a new
property; and

associated travel and subsistence costs.
See HMRC guidance for full details of the goods and services that are covered under the tax
exemption threshold and any conditions.
Repayment of relocation assistance
You will be offered relocation assistance only if you agree (in advance) to the repayment terms
in the event that, within 2 years from the date of payment of relocation expenses, your
employment is terminated for reasons of resignation, dismissal for capability or conduct. Those
offered relocation assistance will be required to sign an agreement to this effect. Repayment
will not, however, be required if the reason for your termination of is redundancy.
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The amount payable is reduced proportionally and is as follows:
Period of service (from the date of
payment of relocation assistance)
Amount to be repaid (as % of total
expenses)
Leaving within 0-6 months
100%
Leaving within 7-12 months
75%
Leaving within 13-18 months
50%
Leaving within 18- 24 months
25%
In the event that you do not relocate within the required timescales (see Authorisation below),
you will be asked to repay all of the relocation assistance given.
Authorisation
If you request or are offered financial assistance with relocation, you should obtain the prior
written agreement of your Divisional Director (or Managing Director if there is no Divisional
Director) before committing to any spend. They will confirm the amount of any relocation
assistance that you will receive, following discussions with their contact from the HR Division.
All relocation expenses must be claimed within a timeframe as stated in your offer letter or as
otherwise set out by the HMRC.
Who is covered by this policy?
This policy covers all employees excluding secondees.
Ownership, updates and query management
This is the FCA’s Relocation Policy as at September 2010.
The policy is owned by HR Division and has been developed in conjunction with the FCA’s Staff
Consultative Committee.
Relocation assistance is discretionary. It is not a contractual entitlement and the FCA reserves
the right to withdraw it at any time - any changes will be published on the intranet.
Any questions on the application of the policy should be directed to the HR Helpline on
extension 67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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119
8.
Leaving the FCA
Leaving the FCA Policy
If you leave the FCA for any reason we will manage your exit in a fair and consistent manner.
The purpose of this policy is to outline the FCA’s arrangements for managing employees who
are leaving the organisation and your obligations during this period.
Principles
What you can expect from the FCA

We will process your resignation in an accurate and timely manner.

We will pay you salary and benefits up to your leaving date.

We will pay your final salary and any other monies owing to (subject to any deductions if
any) you on pay day of the month that you leave – providing we have received your
leaving details before our payroll cut-off for that month.

We will pay your final salary and any other monies owing to you on pay day
of the month after you leave if we receive your leaving details after our payroll cut-off in
the month that you leave.

We will deduct any monies you owe us from your last salary payment – and where there
are insufficient funds available, we will expect you to send us a cheque for the outstanding
sum.

We will pursue all lawful means to recover any monies you owe us.

Other than where we may terminate your employment summarily with or without
payment in lieu of notice we will give you notice to terminate your employment in line with
your contract of employment or statutory requirements – whichever is the greater.

We will pay you in lieu of the balance of any notice owed if, for any reason, we are unable
to give you the notice required by your contract or the law or if we elect to pay you in lieu
of notice.

We will provide you with a standard reference providing you have given us written
permission to do so.

We will ask you to complete an online exit questionnaire. This questionnaire is anonymous
and will give you an opportunity to say what you liked about the FCA, why you are
leaving, and what you did not like about the FCA.
What the FCA expects of you

Give us notice of your resignation in line with the timescales provided in your contract of
employment.

Work your agreed notice period and maintain high standards of work and behaviour during
this time.

Provide us with timely and accurate details of holidays and monies owed e.g. sponsored
studies, return-to-work bonus following maternity/adoption/Additional Paternity Leave,
season ticket loan.
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
Give us written permission to provide references for you (if you want us to do so).

Talk to your line manager if you want to leave earlier than the end of your notice period
and establish whether the business can accommodate this.

Repay any monies you owe to the FCA in your final salary payment – and where
insufficient funds are available, to pay any balance owed by cheque.
What you can expect of your line manager

Listen to your reasons for wanting to leave earlier than the timescales required by your
contract of employment, and to make a decision based on business requirements.
Pay review
You will not be entitled to be considered for Pay Review or the Annual Individual Incentive Plan
if you are under notice (given or received) up to 31 March.
Summary of the process

If you resign from the FCA you must inform your line manager and complete the
Resignation Form which is available on the HR System (PeopleHub).

You must provide information relating to holidays and monies owed e.g. sponsored
studies, return-to-work bonus following maternity/adoption/additional paternity leave,
season ticket loan.

You and your line manager should agree your leaving (termination) date and then your
manager should confirm your termination date and reason for leaving via Manage Work
Relationship on the HR System (PeopleHub).

If you agree an earlier/later termination date with your line manager you should inform
the HR Helpline as soon as possible.

The HR Helpline will process your termination from the FCA and ensure that any
outstanding payments/ deductions are made.

You must return all FCA property to the relevant departments on or before your
termination date.

References will be provided to future employers on request.
The policy
Contractual information (start)
This section up to “re-employment” contains information that forms part of your contract of
employment.
Resignation
If you want to leave the FCA you are required inform your line manager who will update the
HR System (PeopleHub). You must complete an online Resignation Form which is sent to the
HR Helpline. This eform acts as your letter of resignation.
Notice periods for permanent employees
The following table shows the notice periods required for employees on permanent contracts.
Please note that, where relevant, the notice periods from the FCA noted below will increase in
line with any statutory minimum notice entitlement:
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Job title
Employees in their
probationary period
Employees who have
passed their probationary
period
Notice from
the FCA
Notice to
the FCA
Notice from
the FCA
Notice to
the FCA
Director
3 months
3 months
6 months
6 months
Head of Department
One month
One month
3 months
3 months
Manager
One month
One month
3 months
3 months
Technical specialist
One month
One month
3 months
3 months
Associate
One month
One month
3 months
3 months
Administrator/Secretary
One week
One week
1 month
1 month
Notice periods for employees on fixed-term contracts
The following table shows the notice periods required for employees on fixed-term contracts.
Please note that, where relevant, the notice periods from the FCA noted below will increase in
line with any statutory minimum notice entitlement:
Job title & Contract
Duration
Employees in their
probationary period
Employees who have
passed their probationary
period
Notice from
the FCA
Notice to
the FCA
Notice from
the FCA
Notice to the
FCA
Associate and above - up
to one year
One week
One week
One month
One month
Associate and above more than
one year
One month
One month
3 months
3 months
Administrator/Secretary up to
six months
One week
One week
One week
One week
Administrator/Secretary over six months and up to
five years
One week
One week
One month
One month
Summary (i.e. instant) dismissal
The FCA has the right to terminate your employment immediately without an entitlement to
notice or compensation if you breach the terms and conditions of your employment, are guilty
of conduct that brings or may bring the FCA into disrepute and/or in the case of gross
misconduct (see the Disciplinary Procedure).
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Working your notice period
You will normally be expected to work your full notice period. However, on occasions, following
notice either by the FCA or by you, provided we continue to pay you your full contractual
salary and benefits until your employment terminates in accordance with your contract of
employment, the FCA is entitled during the notice period to:

exclude you from the premises of the FCA, and any regulated firm or other third party at
which you may be working at the relevant time on behalf of the FCA; and/or

require you to carry out specified duties for the FCA other than your normal duties; and/or

require you not to communicate in your capacity as an FCA employee with
firms or organisations regulated by the FCA, other third parties or FCA employees or
officers.

require you to refrain from attending internal and external meetings, or forums that may
present a conflict or are commercially sensitive in nature.
In addition the FCA is entitled during the notice period to require that you:

do not have contact with employees or third parties except as authorised by us

do not to carry out all or part of your duties

return to us all documents, computer disks and other property belonging to us
The FCA may in certain circumstances invoke our discretionary right to make payment in lieu
of notice in relation to all or part of your notice period where you have not worked any notice
or have worked some of your notice. Such payments will be at adjusted salary rate and will be
subject to Income Tax and National Insurance Contributions.
On leaving the FCA, you may not claim employment or connection with the FCA (other than as
a former employee) to any third party.
We may require you to take any accrued untaken holiday which is above statutory minimum
holiday during your notice period.
Contractual information (end)
Retirement
The FCA does not operate a compulsory retirement age for our employees. If you decide to
retire from the FCA, you should follow the resignation process as set out in this policy.
Taking pension benefits while continuing to work for the FCA
If you are a member of the FCA Pension Plan, you are eligible to take your pension benefits
from age 60 and carry on working for the FCA. We will contact you 6 months before your 60th
birthday to tell you about your options.
Money Purchase members
Members of the Money Purchase section aged over 55 may, subject to FCA approval, access
their benefits before reaching normal retirement age. Approval is unlikely to be given whilst
you are in active service but is likely to be granted once you have resigned from the FCA. This
policy covers all employees who are members of the FCA Pension Plan.
Re-employment
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Former employees whose previous employment with the FCA proved satisfactory may be reemployed, subject to the normal recruitment process.
Who is covered by this policy?
This policy covers all employees.
Ownership, updates and query management
This is the Leaving the FCA Policy as at October 2011.
The policy is owned by the HR Division and has been developed in conjunction with the FCA’s
Staff Consultative Committee.
This policy is not contractual except where specified to be contractual.
The policy is subject to change at the discretion of the FCA – any changes will be published on
the intranet.
Any questions on the application of the policy should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
This policy does not form part of your contract of employment unless otherwise stated.
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Employment References
The FCA will provide employment references when asked and the purpose of this policy is to
explain the FCA’s approach to providing employment references for employees and former
employees.
IMPORTANT NOTE:
Only the HR Division is authorised to provide employment references for existing or exemployees of the FCA.
It is a condition of your employment that you do not give employment or character references,
whether in the FCA’s name or otherwise, for existing or ex-employees.
See the Employee Guidance pages for information on Confirmation of Employment letters for
existing employees (e.g. for visa applications), financial references, etc.
Principles
What you can expect from the FCA

We will provide employment references for existing or ex-employees in accordance with
the following principles:

The information we provide will take account of the duty of care we owe to both you and
the recipient of the reference (usually a prospective employer).

We will only provide employment references if you have given us written permission to do
so.

We will agree the wording of any employment references with you if you are dismissed or
leave through a Settlement agreement.

All employment references will be issued by the HR Division – line managers and
colleagues do not have the authority to provide employment references.

We will comply with the specific referencing requirements of regulatory bodies where
different rules, guidelines and timescales apply for certain types of job.

We will not provide employment references if you left the organisation more than ten
years ago – this is because we no longer hold any records relating to your employment.
The policy
The FCA’s employment references procedure is summarised below:

All references provided by the HR Division will follow a ‘standard’ format. This means all
employment references will:

be in writing

provide factual information such as:

dates of employment with the FCA ;

latest position held, e.g. associate;

latest division worked in.
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
Provide high-level information about levels of performance, honesty, integrity, attendance
and timekeeping.
We will not:

provide verbal references;

provide testimonials or open references (e.g. To Whom It May Concern);

refer to any legal action or intended action by an employee or former employee
including Employment Tribunal action against the FCA (unless we are required to by
law).
Who is covered by this policy?
This policy covers all employees.
Ownership, updates and query management
This is the FCA’s Employment References Policy as at October 2009.
The policy is owned by the HR Division and has been developed in conjunction with the Staff
Consultative Committee.
The procedure is not contractual and is subject to change at our discretion of the FCA – any
changes will be published on the intranet.
Any questions on the application of the policy should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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Redundancy Policy
The FCA is committed to ensuring that, if redundancies were to become necessary, they would
be kept to a minimum wherever possible. Our priority would be to find alternatives to
redundancy.
This policy sets out measures that the FCA would take to avoid redundancies. It also
emphasises the importance of consultation with employees as a means of finding alternatives
to redundancy.
For occasions when there is no alternative, this policy also sets out compensatory payments
and other assistance that would normally be available to you (subject to conditions).
Principles
What you can expect from the FCA

In fulfilling the requirements of its business and maintaining operational efficiency, the
FCA aims to minimise and, wherever possible, to avoid redundancies.

The FCA is an equal opportunities employer and this policy will be operated in accordance
with the FCA’s Equality of Opportunity Policy.

Those at risk of redundancy will be informed of a potential redundancy situation and the
reasons for it and will be consulted about ways of avoiding redundancies. The FCA will be
open about the selection criteria applied, but will respect your confidentiality by not
making public individual profiles against these criteria.

The FCA is committed to redeployment as a means of minimising redundancies and will, in
line with this policy, work with you to try to find appropriate alternative employment
within the FCA (see the Redeployment Policy).

Where redundancy is confirmed the FCA will normally offer an enhanced compensatory
payment and other assistance in accordance with this policy (subject to you signing a
Settlement agreement).

The FCA is concerned to minimise the degree of disruption and uncertainty both for FCA’s
business and for employees potentially at risk of redundancy. Subject to any time limits
imposed by statute or regulation, the FCA reserves the right to complete the process
described in this policy within a reasonable time.
What the FCA expects from you

This policy covers all employees whose appointment has been confirmed following a
successful probationary period.
The policy
Measures to minimise redundancies
The FCA will consider taking one or more of the following measures to minimise potential
redundancies:

minimising the use of temporary and agency staff;

relying upon natural wastage;

inviting volunteers for redundancy;

restricting external recruitment;
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
providing retraining or redeployment at the same or another job level;

any other means agreed by the parties, which may be appropriate in
the circumstances.
The FCA’s operational requirements might mean that it is not always possible to take particular
measures or to take the measures in any particular order.
Selection criteria
If a potential redundancy situation arises, in deciding who may be at risk of redundancy, the
FCA will consider the balance of skills and experience required to meet its current and future
operational requirements and business needs. The selection criteria will be objective and will
normally (subject to circumstances) take account of the following factors:

whether there are volunteers for redundancy;

the extent to which the skills and experience of the employees who may be affected
match the skill set required meet current and future needs;

the past performance of relevant post holders;

their length of service;

their absence history; and

their disciplinary record.
Consultation: Collective Level
If a potential redundancy situation arises, which could result in 20 or more employees being
made redundant within a period of 90 days or less, the FCA is required by law to consult with
appropriate representatives and provide relevant information in a timely manner. For these
purposes, the FCA regards the SCC as appropriate representatives.
Consultation will begin as soon as reasonably practicable and no later than the dates required
by statute which are:
Proposed redundancies at one
establishment within a period of 90
days or less
Consultation will commence
100 plus
At least 90 days before notice of
termination is given (from 6 April 2013, this
changes to 45 days).
20 to 99
At least 30 days before notice of
termination is given.
To help the consultation process, the FCA will provide information to the SCC. The information
provided will include:

the proposed number and job level of staff who may be affected by
redundancy; and

the measures that will be considered in order to minimise redundancies.
This consultation will cover ways of:
FCA Employee Handbook 2016
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
avoiding the redundancies;

reducing the numbers of redundancies; and

mitigating the consequences of any redundancies.
Consultation: Individual Level
If you are identified as being “at risk” of redundancy you will be notified individually. No final
decision will be made until the FCA has consulted individually with all the employees ‘at risk’
(which will involve at least one meeting with them). At any meeting you may be accompanied
by a companion.
Individual consultation will usually last for a period of 28 days but the period may be reduced
at the FCA’s discretion. Consultation is an opportunity for you to make representations about
your selection for potential redundancy and to discuss alternatives to redundancy.
Where an alternative job is available (see below, Redeployment within FCA), you will usually
either be offered the alternative job, or given the chance to apply for it. The alternative job
may involve a trial period.
Where there is no alternative job, and the redundancy situation still exists after consultation,
you will receive written confirmation of your redundancy. This will include the date of the start
of your contractual notice period and the date of termination of employment.
There may be circumstances where the FCA does not require you to work out your notice
period and will pay an amount in lieu of notice in line with your contract of employment.
However, if the FCA requires the notice period to be worked, payment of any compensatory
sums and the provision of outplacement facilities will be conditional on you fulfilling your
contract of employment unless you and the FCA agree to a modification of the contractual
requirements.
Appeals
If redundancy is confirmed you may appeal against selection for redundancy by using the
following procedure. For the avoidance of doubt, as the individual consultation period is an
opportunity for you and the FCA to explore alternatives to redundancy, appeals should not be
lodged during this period.
An appeal against selection for redundancy must be made in writing within five working days
of written confirmation of redundancy. The appeal should state the main reasons why you
should not have been selected for redundancy.
The appeal should be submitted in the first instance to the HR Director who will normally pass
the matter to two senior FCA employees, one from your business area and one from the HR
Division, both of whom will consider the appeal (which will involve a meeting with you). Both
of these representatives should normally have knowledge of the circumstances giving rise to
the redundancy, although if possible they will not have had direct involvement in your position
to date.
The appeal will normally be heard within 10 working days of receiving the written reasons for
appeal. Right to be accompanied: At the appeal, you may be accompanied by a companion,
who may be a Staff Representative or another FCA employee of your choice who may be a
friend or colleague. Please note that the fellow employee should not be a member of the HR
Division. Alternatively, you may be accompanied by a Trade Union official. You may confer with
your companion during the course of the meeting, and he/she may address the hearing but
may not answer questions on your behalf.
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The outcome of the appeal will be given in writing as soon as reasonably practicable after the
appeal has been held.
While an appeal is in progress, the contractual period of notice shall continue to run from the
original date of notification. Where an appeal is unsuccessful and a redundancy decision is
confirmed, employment will terminate on the date specified in the original written notification
of redundancy. The consequence of a successful appeal will depend on the precise
circumstances of the decision but may include:

the extent to which their skills and experience match those required for
other jobs;

confirmation of continuation in the employee’s original role; or

offer of an alternative role
Re-employment
The FCA will not re-employ an individual who has been made redundant from the FCA within a
12 month period from the date of termination of employment. Any re-employment beyond a
12 month period will require the prior approval of the Chief Operating Officer.
Annex 1: Compensatory payments and pension and benefit rights in the event
of redundancy
If no alternative employment is available within the FCA, to help you prepare for future
employment FCA will normally provide:

outplacement services or relevant in-house facilities for an appropriate
period; and

reasonable time-off to seek alternative employment
Compensatory payments
Where an employee is made redundant and the FCA has been unable to offer alternative
employment, a compensatory payment (inclusive of any statutory redundancy and FCA
enhanced payments) calculated according to the formula below, will normally be granted
(subject to you signing a settlement agreement):
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When there has
been service of:
A sum equivalent to the following number of weeks’ of an
employee’s basic salary at the time of leaving
More than six months
and less than
two years.
13 weeks.
More than two years.
13 weeks minimum plus (for all service in excess of two years):
two weeks for every complete year of service in excess of two years
0.5 week for every complete year of service over age 40 and under age
45.
1 week for every complete year of service over age 45 and under age 50.
1.5 weeks for every complete year of service over age 50.

one week’s salary is the equivalent of 1/52nd basic annual salary. A week’s pay is that
which the employee is entitled to under his or her terms of the contract at the date of
calculation. The ‘calculation date’ is the date on which the FCA gives the employee the
minimum notice to which he or she is legally entitled.

all calculations are subject to a maximum payment of the greater of one year’s salary or
£100,000

payments are inclusive of any statutory redundancy that may be payable;

the calculation of number of weeks’ salary for more than 2 years’ service will be pro-rated
to reflect the actual period of service to the nearest whole month
Settlement agreement
All enhanced compensatory payments, i.e. those in excess of statutory redundancy pay, and
outplacement facilities, are subject to you accepting the terms of a settlement agreement. You
will need to take independant legal advice before signing it. This is to ensure you understand
that by signing such an agreement you waive the right to institute, or continue, with
proceedings in an employment tribunal.
The FCA will pay for the reasonable cost of taking such advice on the particular issue of
waiving potential claims up to a maximum of £400 plus VAT. It will not cover the costs of
taking legal advice on any other issues.
Other benefits
Core and flexible benefits cease on the date of termination of employment. However, you may
negotiate with the benefits provider continuing membership on an individual, contributory
basis.
Who is covered by this policy?
This policy covers all employees whose appointment has been confirmed following a successful
probationary period.
Ownership, updates and query management
This is the FCA’s Redundancy Policy as at March 2013.
The policy is owned by the HR Division and has been developed in conjunction with the FCA’s
Staff Consultative Committee.
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The policy is not contractual and is subject to change at the discretion of the FCA – any
changes will be published on the intranet.
Any questions on the application of the policy should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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Redeployment within the FCA Policy
The FCA will take steps to find suitable alternative employment for deployees in the following
situations:

At risk of redundancy (see the FCA’s Redundancy Policy);

The job is not redundant, but due to medical reasons, an employee is unable to perform
the full duties of their current role and as a workplace adjustment the FCA’s Occupational
Health Service has recommended they move to a more suitable role.
Principles
What you can expect from the FCA:

We will attempt to mitigate a redundancy situation, by taking reasonable steps to find you
suitable alternative employment within an agreed timescale.

We will attempt to mitigate a dismissal situation, to find you suitable alternative
employment, within an agreed timescale, if you are unable to perform the full duties of
your current role due to medical reasons.

Your line manager will act as your sponsor by supporting you in your search for a new
role.

You will be sent all vacancies for your job level and below in advance of any internal or
external advertising process.

Recruiting managers will consider all relevant deployees for any suitable roles ahead of
any other FCA employees; normally within 3 working days. If deployees expressly inform
us that they are not interested in applying for the role, then recruiting managers will be
able to advertise the role internally/externally before the end of the 3 day period.

Roles at a higher contractual job level than your existing role are considered promotions
and will therefore follow the normal advertising and selection process. You will not receive
prior notification of these roles.

In supporting you in finding suitable alternative employment, line managers will identify
any training needs you may have (see ‘Training Requirements’).
What the FCA expects of you:

You are responsible for actively seeking redeployment opportunities and applying for
internal vacancies.

You will undertake any training identified for you to allow you to take up an alternative
role.

You will keep your manager up to date on roles you are applying for and training you have
undertaken.

You will consider all jobs identified by the FCA as being suitable alternative employment;
otherwise this could result in the termination of your employment.

You will normally have 3 working days from the day you are informed of a vacancy to
apply for the role. You can ask the recruiting manager for an extension to this deadline if
you are not able to apply for the role within that timeframe.
Redeployment considerations
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As part of the consultation process (whether formally for at risk deployees, or informally for
medical deployees), the FCA will work with you to identify redeployment opportunities. The
factors which are likely to be taken into account when considering you for any opportunities
which may arise within the FCA include:

the extent to which your skills and experience match those required for
other jobs;

your current job level and status;

your current salary;

location;

your adaptability; and

whether you have the potential to do the role with training and whether this is practicable
in the circumstances.
As far as possible, the FCA will take account of your reasonable wishes when considering
redeployment opportunities. However, the final decision regarding your placement into an
alternative job rests with the FCA.
Training requirements
If you have the necessary basic skills for a suitable redeployment opportunity and/or the
potential to acquire those skills through further reasonable training, you will normally be
considered for redeployment.
Redeployment may also be considered where a different skill set and/or significant training
may be involved, but this will normally be by mutual agreement between you and the FCA. In
all cases the FCA will provide appropriate support to deployees during the redeployment
process.
For medical deployees, reasonable workplace adjustments that are identified for the new role
will be provided by the FCA. Your terms and conditions of employment may also have to be
adjusted (for example, salary or job level), but you will be consulted should this be necessary.
Trial periods
Whenever an offer of alternative employment is on different terms from your current job or the
role is substantially different, a trial period will apply. This will be for a minimum of four weeks,
but may be extended to a maximum of 12 weeks (unless extended further by mutual
agreement) where retraining is required.
During this period, you should meet with your manager regularly to discuss your progress
against any development plan for your new role.
During, or at the end of this trial period, you or the FCA may give notice to terminate the
contract of employment if the trial has not been successful.
Deployees at risk of redundancy
If you decline to accept a reasonable offer of alternative employment or if you unreasonably
give notice to terminate your employment during the trial period you will not be eligible to
receive statutory redundancy pay, or any compensatory payments (such as an enhanced
redundancy payment) or outplacement assistance.
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Medical deployees
If you are not successful in securing suitable alternative employment through the
redeployment process, or you or the FCA decides that the trial period has been unsuccessful,
your employment may be terminated under the FCA’s Dismissal Procedure.
Who is covered by this policy?
This policy covers all employees whose appointment has been confirmed following a successful
probationary period.
Ownership, updates and query management
This is the FCA’s Redeployment Policy as at October 2012.
The policy is owned by the HR Division and has been developed in conjunction with the FCA’s
Staff Consultative Committee.
The policy is not contractual and is subject to change at the discretion of the FCA – any
changes will be published on the intranet.
Any questions on the application of the policy should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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9.
Pay, Reward & Benefits
Travel & Expenses Policy
Introduction
This Travel and Expenses Policy (or “the Policy”) is compulsory and you should seek prior
authorisation from your line manager and relevant Finance & Operations Services team 1 should
you need to deviate from it. It is not possible to set out rules to accommodate every
conceivable situation and so you are required not only to adhere to the express terms in this
policy but also to exercise your judgment to ensure that all claims made are within the spirit of
the policy. Staff should also be sensitive as to what is “reasonable” in the light of requirements
such as Freedom of Information Request (FOIA), Value for Money (VfM) and other disclosures.
Principles
What you can expect from the FCA

We will manage any travel costs and expenses in line with the following key principles:

all reasonable travel costs and expenses, wholly and necessarily incurred for the execution
of the FCA’s business will be reimbursed;

all such travel costs and expenses incurred are in express compliance with the Policy and /
or made within the spirit of the Policy;

such travel costs and expenses have been incurred in the most cost effective way; and

the FCA reserves the right to reject or reduce claims that are considered to be excessive,
are non-compliant with this Policy or are over 90 days old.
For this purpose, the following do not count as travel on FCA business:

travel between home and permanent workplace. For the avoidance of doubt, the FCA will
normally only reimburse the excess business travel costs which relate to trips beyond your
ordinary commute;

travel which is primarily for business purposes but which is substantially the same as
travel between home and the permanent workplace;

other travel which is primarily for private purposes.
What the FCA expects from you
When booking travel and incurring expenses please be conscious of the total costs to the FCA.
You must:

ensure costs are necessary and reasonable and pre-approved;

travel to meetings and between offices by the most cost-effective mode of transport,
taking into account journey time as well as monetary cost;
1
For travel related queries, contact Travel contract manager
For expenses related queries, contact the Staff Expenses Helpdesk on x62105
FCA Employee Handbook 2016
136

state the start and end point of each journey and who you were visiting. This information
is necessary for all modes of travel;

be reasonably flexible in your arrangements and where possible opt for travel options that
may be restricted in nature but are cost effective and offer value for money. If you do opt
for a restricted fare the restrictions will be explained at the time of booking;

book all business travel through the appointed FCA Travel Provider.
Travel Policy
Before you travel
Prior to travel, all staff must ensure they have obtained the correct form of authorisation for
their trip. For information on the approval structure click here
Staff travelling on business and booking travel on behalf of others must be conscious of the
total costs to the FCA at all times and must be able to demonstrate clearly to the travel
approver the reasons behind the travel mode selected and that alternative methods of
conducting a meeting have also been considered ( i.e. video conference.)
Travel approvers should be mindful that travel expenditure is often the subject of FOI requests
and must be satisfied that travel is necessary, the appropriate mode of travel is being used
and that expenditure is cost effective and demonstrates value for money.
All travel must be booked through the approved travel provider. For further details on the
travel service and how to book please click here.
Travel by Category
Air travel
To ensure the FCA gains the maximum value for money from its travel spend the following
will apply:

All air travel on FCA business should be in Economy Class (see limited exceptions
below).

Air transport should only be used when it is the most economical and practicable
method of travel.

In order to obtain the lowest fare, flights must, whenever possible, be booked at least
42 days in advance of the date of travel.

Fully flexible fares should only be selected when there is a business need to do so. Most
domestic and European restricted air fares can be changed for a small fee even though
they may be non-refundable. Therefore, unless there is a high chance of complete
cancellation, restricted fares should be booked. The FCA’s Travel Consultant will explain
the rules at the time of booking.

All flights, including budget airlines, such as EasyJet and Ryanair, must be booked
through the Travel Provider.
Limited Exceptions:
Premium Economy or equivalent should be considered before booking Business Class and will
be permitted where:
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
There is an overnight break before working and flights are in excess of five hours or

There are no seats available in Economy at the time you need to fly or

The ticket is less or the same price as Economy Class or

With the express and specific consent of a Director or above, prior to booking. Where
the traveller is a Director, then the consent should be provided by their Line Manager
Business Class will only be permitted where:

The flight time is in excess of five hours and does not include an overnight break (to
enable staff to be fit for work on arrival where they have a demanding schedule) or

there are no seats available in Economy or Premium Economy at the time you need to
fly or

The Business Class ticket is less or the same price as Economy Class or

With the express and specific consent of a Director or above, prior to booking. Where
the traveller is a Director, then the consent should be provided by their Line Manager.
In addition:

Staff must not change Business Class or Premium Economy tickets for Economy tickets
thus enabling them to obtain a personal advantage such as taking family or friends at
the FCA's expense.

Staff must not book travel and accommodation outside of policy limits with a view to
claiming back the amount that falls within the policy. Staff will not be permitted to
settle the difference themselves.
First Class will only be permitted:

In exceptional circumstances;

With the express and specific consent of the Chairman, the Chief Executive Officer or
the Chief Operating Officer, prior to booking.
The FCA will not normally reimburse flights through the expense claim process, but in
exceptional circumstances, you must support the claim with a valid boarding card or a copy of
your e-ticket
Preferred Airlines
In order to fully utilise its buying power from time to time the FCA may enter into a preferred
airline arrangement with one or more airlines to certain destinations.
Currently the FCA has preferred airline agreements with British Airways and Virgin, offering
up-front discounts.
Preferred airline agreements allow either staff members to have discounted fares or they give
a rebate to the FCA at the end of the agreement period dependant on amounts spent.
Additionally, the FCA is enrolled onto corporate benefit schemes with some European carriers.
If there is a preferred airline arrangement in operation on the route you are flying, the lowest
available fare from that airline will be offered by your FCA Travel Consultant, along with two
other flight options. Additionally, your Consultant will offer a no-frills ‘Budget’ carrier if one
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flies your route. Using such airlines can save considerable amounts of money and therefore
must be considered.
The restrictions of the chosen fare will always be given (restrictions may apply regarding
changes of flights or routing). You are required to consider using a preferred airline so long as
it is economical and convenient to do so.
Your Travel Consultant will also offer to investigate alternative airfares such as consolidated
(bucket) fares. Such fares are generally restricted in that they carry heavy penalties for
changing flights and cancellations etc.
When choosing a flight or ticket option you must choose the most economically advantageous
convenient option. You are required to make a note of any restrictions in case you need to
alter/cancel the flight.
Airline promotions/loyalty schemes
Airline promotions, such as free Economy tickets with the purchase of a full Business Class
ticket, must be considered as they may reduce the overall travel costs to the FCA. Such
promotions should be used for business purposes if possible. Where it is not possible to use
such promotions for business purposes, and there are no cost implications for the FCA, such
offers may be used for private benefit.
Staff may accrue promotional benefits such as BA Miles or Airmiles for their own personal use.
However, the existence of such benefits must not influence staff when choosing an airline.
Denied Boarding Compensation
Airlines occasionally offer free tickets or cash allowances to compensate travellers for delays
and inconveniences due to overbooking, flight cancellations, changes of equipment, etc.
Travellers must NOT volunteer for denied boarding compensation when on company business.
Travellers who are involuntarily denied boarding should immediately obtain a free voucher
from the airline and surrender the travel voucher to the FCA’s Travel Provider for it to be used
as part payment towards the next business trip.
Overnight Delays
Should an airline delay necessitate an overnight stay, the traveller must first attempt to secure
complimentary accommodation from the airline. If unsuccessful the traveller should contact
the FCA’s Travel Provider for assistance.
Rail travel
Staff must book all rail tickets through the FCA’s Travel Provider and must ensure the booking
represents value for money and is cost effective.
All rail travel should be by Standard Class unless there is a clear business reason to travel in
Business or First Class.
Business or First Class - prior to booking, your Director (or in the case of Directors, your Line
Manager) must specifically approve this class of travel.


'Advance' fares are restricted but should be considered when travelling to a meeting for
a specific time.
If inbound flexibility is required you should consider booking an 'Advance' single
outbound and an 'Off Peak' single inbound where timings allow this.
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
'Anytime' fares should only be selected when there is a business need to do so.
Overseas Rail - Same principles as above apply
Staff must book all Eurostar and international rail travel through the FCA Travel Provider and
travel by Standard Premier Class or equivalent unless there is a clear business reason to travel
in Business class.
Business Class - prior to booking, your Director (or in the case of Directors, your Line
Manager) must specifically approve this class of travel.
Taxis
You are expected to use public transport or your own vehicle and we regard it as normal
practice for you to do so (i.e. when travelling to Central London, use the DLR or Jubilee Line).
You may only use taxis where it is cost effective to do so.
All business related taxi journeys must be booked with the FCA’s approved taxi provider.
Late night travel - work to home
We may, in exceptional circumstances, agree to meet the cost of late night travel from work to
home. Your line manager’s specific approval is required for any late night taxi bookings. For
information on any tax implications that may apply to these journeys or to view mileage
allowances click here to be directed to the expenses policy.
For further details on the taxi service and how to book please click here.
Payment
Bookings made through the preferred supplier will be paid through the FCA account. It is
recognised that not all taxi travel on business can be made through the preferred supplier, any
non-account bookings can be claimed through expenses, stating the full reason for the use of a
taxi on the expense claim form.
Car Hire
All business related car hire must be booked with the FCA’s approved car hire provider. Staff
may hire the following vehicle engine sizes:


For two or fewer passengers you may hire a vehicle of 1.6/1.8 litres
Manual/Automatic/Estate as required.
If there are three or more passengers, a vehicle up to 2 litres may be hired.
For further details on the car hire service and how to book please click here
Insurance Cover
Full insurance cover is automatically provided by the FCA under a block policy.
Please be advised that should your car be delivered earlier than the actual hire date the
insurance will only be valid from the time of hire.
In the event of an accident please contact the FCA Buildings Manager who manages the car
insurance policy.
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Vehicle damage - new information for staff awareness for approval
Your hire car will be delivered with a rental agreement form which should indicate any preexisting damage to the vehicle. When hiring a car the lead hirer is responsible for the
following:

Inspection of the car before driving it on company business. Ensuring there is a full
tank of fuel and any missed damage/scratches has been noted on the agreement and
highlighted to the rental company
Agreement or amended agreement signed, dated and copy retained
Inspection of car at the end of hire


If you are aware of any damage to the vehicle whilst on hire you should inform the collection
driver and obtain a copy of the vehicle condition report which should be passed to the FCA
Buildings Manager
Hotels and accommodation
All accommodation must be booked through the FCA Travel Provider unless there are valid
reasons for you not to do so, such as you are attending an event organised by someone else.
Where the FCA has a preferred hotel in a location this should be used wherever possible if it is
economic and convenient to do so.
UK hotels:
The pre authorisation level is £150 per night exclusive of taxes.
Overseas hotels:
Outside the UK where hotel accommodation is particularly expensive, the pre authorisation
level is increased:

In Europe: to €200 (Euros) per night, excluding all taxes.

For all other countries excluding Europe and North America: to the equivalent of £170
per night, excluding all taxes;

North America: to US $350 per night, excluding all taxes.
Hotel rate uplift
It has been recognised that staff may find it difficult to obtain accommodation to match the
FCA pre authorisation rates above. Following a review the approval rate has been uplifted by
20% above the agreed rates for the cities listed below to allow staff additional flexibility if
accommodation cannot be found within budget:
Location
Paris
Dubai
Geneva
Hong Kong
New York
FCA normal budget rate
excl. all relevant taxes
€200
£170
€200
£170
$350
FCA Employee Handbook 2016
Uplift
20%
20%
20%
20%
20%
New budget rate excl. of all
relevant taxes
€240
£204
€240
£204
$420
141
Preferred hotels
Our Travel Provider has negotiated rates with key hotels regularly visited by FCA staff. To
ensure these rates remain competitive staff must at all times book accommodation into the
preferred hotel if shown on the online portal or offered by a travel consultant.
A list of our current negotiated rates as well as associated city taxes can be found under the
Travel Handbook section on My FCA Hub. To view this information click here.
Payment
All hotel bills must be settled directly with the hotel on departure. It is recommended that you
use your Corporate Company Card to settle the bill. However, you can use your personal credit
card if you wish. Please remember to obtain a fully itemised hotel bill on departure to assist
with your expenses claim.
Instant purchase payments and cancellation charges
Please be aware that some low cost hotels/apartments i.e. Premier Inn/Marlin apartments will
take instant payment from your credit card on completion of your booking and before arrival at
the hotel. Cancellation policies will differ for each hotel, please ensure you are aware of the
hotels cancellation policy to ensure you do not incur any unnecessary charges.
Additional Travel Information
Emergency Travel Assistance Service
The FCA Insurance Broker provides a personal accident and travel insurance assistance service
to all FCA staff travelling on business.
In the event of a medical emergency abroad, it is essential that you contact the insurer’s
representative, AonProtect Assistance on Tel: +44 (0)20 7173 7797
These services can be accessed 24 hours a day, 365 days a year. In all cases, please be
prepared to give your Name, Policy Number (details below), Employers Details and your
Contact Number.
Policy details - Financial Conduct Authority Travel Policy No. 14-PAT-000002937 issued by
ACE European Group Ltd through Aon UK Limited of Somerset House, 47-49 London Road,
Redhill, Surrey RH1 1LU .
An AonProtect assistance card detailing the help line telephone number and services is
available by e-mailing the Facilities Helpdesk. This is not a guarantee that medical insurance is
in force and the card must be returned if you cease to be a Financial Conduct Authority
employee.
Low profile visits
If you wish your visit to be low profile, with minimum details pre announced, please contact
Corporate Protection & Responsibility.
Special Provision for Overseas travel
Where an employee travels to a destination where there may be credible exceptional risks to
personal safety, it may be necessary to make special provision in order to mitigate such risks.
Mitigation measures will be recommended by Corporate Protection & Responsibility to the
business lead, and these could involve specified accommodation and transport arrangements.
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These special provisions may lead to the pre authorisation levels being exceeded. Such special
arrangements will be authorised as follows:

Travel - as with all travel, the employee requesting must obtain authorisation by the
employee’s manager before the travel is booked. In the case that special travel
arrangements are required, they must be highlighted before it is authorised.

Travellers are strongly advised to complete a travel profile via www.hillgatetravel.com.
Then in the event of an incident/emergency you can be contacted.

Expenses - where additional expenses are incurred on the recommendation of
Corporate Protection & Responsibility a copy of that recommendation should be
attached to the expense claim form that is eventually submitted.
Travel Insurance
The FCA has a comprehensive travel insurance policy designed to cover staff travelling on FCA
business. Details of the insurance, including policy number and emergency contact numbers
are available from the Buildings Manager. The policy includes car hire.
In the event of a query or potential claim you should e-mail the Buildings Manager as soon as
possible giving details about the event.
Unsatisfactory performance by an the Travel Provider, Airline or Hotel
If staff who are unhappy with the quality of the service they have received from an airline,
hotel, car-rental company etc. should in the first instance contact Travel Manager on ext.
63966 who will ensure that you receive at least an interim reply within 24 hours of the office's
receipt of the complaint.
This includes, but is not limited to, all problems such as:

Airline denied boarding

Poor in-flight service

Hotel room non-availability

Poor hotel quality
Lost or Excess Baggage
The FCA has insurance which will cover the loss of baggage. However, the ultimate
responsibility for retrieving and compensating lost baggage lies with the airlines. Measures that
can be taken to minimise baggage losses include:

Always carry valuables (e.g., jewellery, laptop computers, cameras, etc.) on board the
aircraft. Cabin bag limits vary depending on the carrier. The Travel Office can provide
information on request.

Always carry important and/or confidential documents on board the aircraft.

Clearly label luggage with name, address and phone number.

Retain baggage claim receipts for checked-in luggage.
Follow these procedures if your bags are lost en route:
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
Obtain a lost luggage report form from an airline representative in the baggage claim
area.

Itemise the contents of your bag, including receipts wherever possible.

Include a copy of your airline e-ticket receipt and baggage claim stubs.

Keep a copy of the report, airline ticket and claim stubs.
The FCA Travel Provider can assist you with tracing lost baggage.
Staff will be reimbursed for excess baggage charges only in the following circumstances:

when travelling with heavy or bulky materials or equipment necessary for business.

the excess baggage consists of company records or property.

when travelling for more than 14 days.
For further information on insurance contact the Buildings Manager.
Expenses policy
Process for claiming travel costs and expenses
Travel costs and expenses that may be claimed and the procedures for claims, authorisation
and reimbursement are set out below.
Approval
In relation to this policy, the following structure will apply to the approval and authorisation of
travel costs and expenses. For:

an Administrator: Associate or above;

Associates: Manager or above;

a Manager: Head of Department or above;

a Head of Department: Director or above;

a Director: the COO or the CEO or the Chairman;

the COO: the CEO or the Chairman;

the CEO: the Chairman;

the Chairman: Chair of the Audit Committee; and

Non-executive Directors: the Company Secretary.
In addition, the Chairman’s travel costs and expenses will be subject to an annual review by
the Audit Committee.
Authorisation limits
Over-arching this policy, travel costs and expenses can only be authorised within an
individual’s approval limit (also known as the FCA’s scheme for the Delegation of Financial
Authority).
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Shared expenses
Where expenses are paid for a group of employees, the most senior employee should pay and
claim the expense. The claim should note the full names of other employees in attendance.
Income tax
In some exceptional circumstances expenses payable under this policy may not satisfy HM
Revenue & Custom (HMRC) rules, and hence may be taxable. We may make arrangements to
meet the resulting tax liabilities. We reserve full discretion to decide not to make such
arrangements in any given case, but will not act unreasonably in exercising this discretion. We
will advise you of any such issues before processing your expense claim so that appropriate
adjustments can be made to your claim if necessary.
Reimbursement
Expenses will only be reimbursed if they are:

supported by detailed (VAT) receipts, (no credit card slips or photocopies);

submitted on the FCA staff expense claim form;

fully completed;

appropriately authorised; and

claimed in line with this Policy.
Staff should submit expense claims in a timely manner and as a minimum should submit
claims within 90 days of the expense being incurred. You can submit single items on a claim
form and you do not need to wait to claim small value items until you have a substantive
amount to be reimbursed. Where claims are received and the expense is over 90 days
old, the FCA reserves the right to refuse payment. Detailed guidance on how to complete
this is available on the form.
In exceptional circumstances, we may consider reimbursing minor claims for travel without the
back-up receipt, for example the use of a prepaid Oyster card or bank card to travel on FCA
business where no receipt is issued, or tube tickets that are retained as you pass through the
ticket barrier. You should still obtain a receipt where one is available or give a full explanation
why no receipt is available. This must be included on the expense claim form before you get
approval from your line manager.
Corporate American Express charge card
If you are a permanent member of staff who has passed their probationary period and likely to
incur significant expenses on FCA business, you should apply for a corporate charge card.
Business expenses on the Corporate American Express Card can be claimed using the relevant
expense claim form, supported by receipts in the normal way.
The card company will send you, the cardholder, a statement each month, showing all the
expenses charged in that month. The cardholder will be responsible for paying off the balance
on the card each month. We will not reimburse any interest charges incurred as a result of late
payment for using the card.
You should only use the card for expenses incurred in carrying out FCA business. Misuse of
corporate charge cards will be subject to disciplinary action.
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Petty Cash processes
Petty Cash is predominantly for Business Continuity purposes in the event of a disaster. The
normal FCA expenses process should be followed where it is not an emergency. We do not
anticipate there will be many occasions where the normal expenses policy and process cannot
be applied.
The rules and principles set out in the Travel and Expenses Policy apply equally to Petty Cash
claims. The FCA reserves the right to refuse some or all of a Petty Cash claim if it is not wholly
and necessarily incurred on FCA business and in compliance with the FCA’s Travel & Expenses
Policy and may seek to recover the cash for invalid claims.
A more detailed procedures note for Petty Cash can be found in the Petty Cash Procedures.
If you have any questions on this process, please send an e-mail to Financial Control.
Hotel bills
All hotel bills must be settled directly with the hotel on departure. It is recommended that you
use your Corporate American Express Card to settle the bill. However, you may use your
personal credit card if you wish and process the reimbursement through the expenses claim.
Please remember to obtain fully itemised hotel bills on departure.
Subsistence – away overnight
We will reimburse reasonable out-of-pocket expenses you incur when a journey on FCA
business makes it necessary to stay away from home overnight. You may claim the following
for each night whilst you are away:

hotel bills as above;

breakfast – if not included in the room rate, you may claim the cost of breakfast;

lunch, evening meal and beverages, to an overall maximum of £45 a day; and

other personal incidental expenses to an overall maximum of £5 a night for travel within
the UK and £10 a night overseas. Other personal incidentals include reasonable personal
telephone calls – wherever possible please use your FCA mobile phone over a hotel phone;
newspapers; reasonable and appropriate laundry costs; and beverages.
It should be noted that the figures quoted above are not flat rate allowances, but maximum
limits on the amounts of actual expenditure that we will reimburse against receipts.
Where a trip on FCA business necessarily involves more than one night away from home,
receipted expenditure may be averaged over the number of nights of absence to determine the
amounts to be reimbursed. However, we retain the right to refuse excessive expenditure even
when the average is £50 or below per night.
Subsistence – no overnight absence
If you are not away from home overnight, but have to incur extra expense on meals as a
result of having to travel away from your core place of work (e.g. London area, Edinburgh) on
FCA business, you may claim for meals and beverages up to a maximum of £10 a day, against
receipts.
Please note that meals purchased in your core place of work (e.g. London, Edinburgh) are not
a claimable expense at any time and will not be reimbursed.
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Overseas accommodation and subsistence
The above rules apply to overseas travel as well as travel within the UK. For travel to overseas
locations where hotel accommodation and meals are particularly expensive, your line manager
has discretion to agree higher cost limits than those for UK travel. This will allow you, when
travelling overseas on FCA business, to obtain accommodation and meals of an equivalent
standard to that available in the UK. This discretion does not apply to the £10 a night limit for
the reimbursement of personal incidental expenses, which may not be increased.
Foreign currency must be obtained via the FCA’s approved currency agent or from any other
cost-effective source. Cash expenses paid in foreign currency are to be converted to sterling at
the rate used at the time of conversion. Expenses incurred using the Amex Corporate Card
should be converted at the rate used on your Amex statement.
Business telephone calls
If you make business telephone calls from home or your personal mobile phone you may claim
the VAT inclusive cost of the call. Your claim must give details of the call, identify the business
reason for making it and be accompanied by a copy of the appropriate page of an itemised
telephone bill, on which the business call is highlighted.
Taxis
You are expected to use public transport or your own vehicle and we regard it as normal
practice for you to do so (i.e. when travelling to Central London, use the DLR or Jubilee Line).
You may only use taxis where it is cost effective to do so. You must state the full reason for
the use of a taxi on the expense claim form.
Late night travel – work to home
We may, in exceptional circumstances, agree to meet the cost of late night travel from work to
home. Your line manager’s specific approval is required and will only be given in the following
circumstances (in which case the benefit will be tax-free):

where you have to work until after 9.00pm and by the time you can go home, either public
transport is unavailable or it would be unreasonable to travel alone on public transport at
that hour;

the late working does not follow a regular pattern (for example, every Friday);

you do not work late on more than 60 occasions in the tax year; and

the transport is by taxi or licensed car hire service.
You must ensure that you state the specific start and end points of the journey, e.g. Bank to
Highbury, Edinburgh Airport to Haymarket. It is not sufficient to say “Home to Airport”. You
must also state the time that you left work / the event. If you do not provide these details, the
taxi fare will automatically be classed as taxable on the individual.
Mileage Allowances
You may use your own vehicle or bicycle whilst on FCA business. By claiming for mileage
allowances and signing your expense claim form, you will be confirming that you hold a valid
driver’s licence (if applicable) to drive in the UK, a current MOT (if applicable) and that your
motor insurance policy covers you for driving on FCA business. You will need to produce such
documents for the FCA if requested.
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Where it is cost effective to make a business journey using your own vehicle or bicycle, you
may claim a mileage allowance which provides full compensation for such use (e.g. wear and
tear, petrol, insurance etc.). The allowance rates are as follows:
Allowance
Pence per mile
Cars & vans - first 10,000 business miles in tax year
45
Cars & vans - each business mile over 10,000 in tax year
25
Motor cycles - all business miles in tax year
24
Bicycles
20

You may claim an additional 5p per mile for each passenger carried if they are a fellow
employee making the same business trip;

These rates are reviewed annually and updated in line with the HMRC’s published mileage
and fuel allowances.
Entertaining
Business Entertaining
“Business entertaining” is defined as including hospitality of any kind, including meals,
accommodation and gifts – for third parties, i.e. not employees of the FCA.
You may carry out business entertaining only where it is within budgetary limits and where it is
likely to help the FCA to further its business objectives, i.e. there is a genuine business reason
for entertaining customers, suppliers, or other business connections in the course of
performing your duties of employment. You must use our in-house facilities whenever possible.
Subject to these constraints, you may claim reasonable and appropriate entertaining expenses.
As a guide, the cost of a meal should not be extravagant or excessive but reasonable in
relation to the status of the employee and the occasion.
Details on the expense claim should include:

the nature of the entertainment;

the total number of people present;

the full names of the external guests being entertained and their employer;

the full names of all FCA staff who were present;

the location of the entertainment; and

the reason for the entertaining taking place.
The most senior FCA employee attending the event should reclaim the expense.
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Where FCA employees are present at the event and their entertaining costs are incidental to
entertaining the third party, these expenses may generally be classed as “Business
Entertaining” rather than “Staff Entertaining” and may be reclaimed.
Staff Entertaining – Annual Event
The FCA provides one annual event for its employees (normally a Christmas or Summer Party)
and this event is available to all permanent and fixed term employees. Agency staff and
contractors may attend the event but for tax reasons must pay their share of the cost. Any
number of employees can be invited to an event, however employees will only be entitled to
attend one event in any given tax year.
The FCA has agreed that for the current financial year an amount of £60 per head has been
included in the budget to cover the cost of this annual event (note that this is lower than the
tax free limit of £150 per person set by HMRC).
The £60 allowance includes VAT, booking costs and the cost of transport and/or overnight
accommodation if these are provided to enable employees to attend. Please note the FCA will
not reimburse you for your travel cost home after the annual event or for an overnight stay in
a hotel (this is simply HMRC’s ‘definition’ of what the non-taxable allowance covers.)
Ordinarily, these annual events will be at Departmental level and there should be only one
single event for each Department.
The budget for annual events is held, controlled and administered centrally by the Finance
Division. All cheque requests and expense claims should be submitted centrally to enable
monitoring of the allowance. Pre-authorisation is required for all events.
Details on the expense claim or cheque requests (we cannot accept Invoices for Annual
Events) should include:

the total number of people present;

the full names of all FCA staff who were present;

the location of the entertainment; and

the reason for the entertaining taking place.
The questions and answers on My FCA Hub provide guidance on the background and process
for approval of the costs associated with the annual entertainment events held for FCA staff.
Staff Entertaining - Other
“Staff entertaining” is the provision of free or subsidised hospitality or entertainment (project
completion celebration events, provision of meals, other kinds of hospitality, gifts, prizes etc.)
to an FCA employee, including an FCA employee’s family members, where there is no business
purpose for the provision of such entertainment.
Staff entertaining should be provided only in special circumstances and generally, FCA
employees cannot claim reimbursement for entertaining other FCA colleagues.
For clarity, where an event is clearly related to staff entertaining (aside from an annual event
such as a Christmas or Summer Party, see below), that event will confer a taxable benefit on
the staff entertained with approximately 107% charged to the FCA in addition to the cost of
the event itself. The FCA will meet this tax liability on behalf of its staff only where approval
from a Head of Department or Director has been obtained and the expense claim form has
been counter-signed by them.
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Details on the expense claim should include:

the nature of the entertainment;

the total number of people present;

the full names of all FCA staff who were present;

the location of the entertainment; and

the reason for the entertaining taking place.
The most senior employee attending or holding the event should reclaim the expense.
Staff Conferences (formerly away days)
Conference days can either be held for Divisional, Departmental, Team, or SLT events. All
conference days must have a business purpose in order to classify as a business expense (no
additional tax burden for the FCA). The budget allows for 1 conference day approved during
the planning round. You should speak to your divisional contact or management accountant
before arranging a staff conference to confirm available budget.
Before organising a staff conference, you should consider the following:
 The cost effectiveness of the event;
 The purpose of the day must be mainly business oriented and clearly evidenced by a
business agenda;
 The recommended guideline is for 2 such events per annum with a cost of £60 (including
VAT) per head per event. This should cover all costs including venue, meals, drinks and
external facilitator.
 Catering including an incidental amount of alcoholic drinks is allowable as part of the cost;
Staff events that do not meet the above criteria are team building events. Such events are a
taxable benefit on staff attending with approximately 70% of tax charged to the FCA.
Gifts
The cost of gifts given to staff is not normally reimbursable however, in appropriate
circumstances and at the discretion of the budget holder; the reasonable cost of gifts made to
employees will be reimbursed.
Gifts will be reimbursed where they are provided on personal grounds. This could include, but
is not limited to, say, a gift of flowers for the following:

an employee’s wedding;

the birth of an employee’s child; or

bereavement.
You should state on the expense claim form, the employee’s name, the type of gift and the
reason for the gift being purchased.
For tax purposes, a gift will generally not be taxable on the employee if it is for less than £50
and is made:
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
on personal grounds (examples as above) or

as a mark of personal esteem or appreciation (a gift to mark appreciation of work done by
an employee during a period of secondment).
For clarification, gifts of cash or cash equivalents (i.e. cash vouchers and non-cash vouchers,
infinity awards, Canary Wharf vouchers etc.) are not reimbursable and are taxable on the
employee regardless of the amounts involved. The FCA grosses up these amounts and pays
the tax on them.
Professional subscriptions
You may claim the cost of the annual subscriptions to any professional bodies, which are on
HMRC’s approved list and are directly relevant to your duties. Discretionary amounts e.g.
benevolent fund contributions are not recoverable.
If you are required by the FCA, as part of your terms and conditions of employment, to train
for a qualification which involves admittance to a professional body, we will also reimburse the
annual subscription to that body.
The request from the professional body should be used to support the claim
for payment.
Tax guidance for mobile devices
Please read the guidance on My FCA Hub about tax implications of mobile phones,
Blackberries, smart phones and iPads.
Ownership, updates and query management
This is the FCA’s Travel and Expenses Policy as at October 2015.
The policy is owned and has been developed by the Finance Division who has liaised with the
Staff Consultative Committee.
This policy does not form part of your contract of employment unless otherwise stated. This
policy applies to all employees and is subject to change at the discretion of the FCA – any
changes will be published on the intranet.
Contractual status of this policy
This policy does not form part of your contract of employment.
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Give as You Earn Policy
We are registered with the Charities Aid Foundation and run Give as You Earn.
This scheme enables you to give directly from your salary to the charity/charities of your
choice. Deductions are made from gross salary before calculation of income tax, therefore
giving you the benefit of tax relief on these contributions. Donations are no longer subject to
an upper limit allowing you to contribute as much as you wish.
For further information on the scheme please contact * HR Helpline or extension 67070 or
complete the online application form.
Payment of Salary Policy
Principles
What you can expect from the FCA
We will manage the payment of salaries in line with the following key principles:

Your salary will be paid on 23rd of each month into your nominated bank/building society
account(s).

If the 23rd falls on a weekend or public holiday, your salary will be paid on the previous
working day. Your secure pay slip will itemise pay, deductions and net amount paid.
What the FCA expects from you
We expect employees to:

Advise us of any changes which may affect payment of your salary, e.g. bank account
details, before the cut-off date for the effective payroll. Personal and bank details should
be updated via Manage Personal Payment Methods on PeopleHub.

Check you payslips on a monthly basis.
The policy
Payment of salary
Your secure pay slip will itemise pay, deductions and net amount paid.
If you resign, your final salary will be paid into your bank or building society account(s) on the
23rd of the month in which you leave and you will receive your P45 in the post after this date.
You will be able to access your payslips on iPayview for up to 7 years.
We reserve the right at any time and in any event on termination of employment, to deduct
from your pay (including holiday pay, sick pay, maternity payments and any other type of pay)
any amounts that you owe. These may include season ticket loans and/or other loans;
expenses allowance; holiday taken in excess of entitlement; repayment of training expenses
incurred under a sponsored study arrangement; a deficit of hours under the flexitime scheme;
or the estimated value of any FCA property damaged by you/ retained by you without
permission when you leave. Your final payment will reflect any adjustments, where applicable.
We also reserve the right to deduct from your pay an amount equal to any allowance you
receive in the course of performing public service or while on jury service.
If you have any enquiries regarding your pay statement, contact the HR Helpline x67070.
Income Tax, National Insurance Contributions and other Statutory Deductions
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Tax, National Insurance Contributions and any other statutory payments are deducted from
your pay on a regular basis. We have a statutory right to make other deductions from your
pay, for example, if you owe money to the FCA as a result of any overpayment of
remuneration or expenses or in order to comply with a court order.
Should you need to communicate with the HM Revenue and Customs, please quote reference
number 948/TZ03483. This reference number applies to all FCA employees. You also need to
quote your National Insurance number which appears on your pay slip.
Income Tax Queries
HM Revenue and Customs
Pay As You Earn
PO Box 1970
Liverpool
L75 1WX
Telephone Number: 0845 3000 627
National insurance queries: 0845 302 1479
Telephone Number: 0845 3021479
Tax guidance for mobile devices
Please read the guidance on My FCA Hub about tax implications of mobile phones,
Blackberries, smart phones and iPads.
Changes in your account details
You must tell us about any changes required to your bank/building society account by updating
PeopleHub via the Manage your Payment Methods option.
Account changes must be received by Payroll cut-off in that month to allow for processing
changes. Forms received after these dates will be carried forward for action the following
month.
Who is covered by this policy?
This policy covers all employees.
Ownership, updates and query management
This is the FCA’s Payment of Salary Policy as at April 2013.
The policy is owned by the HR Division and has been developed in conjunction with the FCA’s
Staff Consultative Committee.
The policy is not contractual and is subject to change at the discretion of the FCA – we will
publish any changes on the intranet.
Any questions on how the policy applies should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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Salary & Benefits Policy
The FCA aims to provide a competitive total remuneration package in support of its unique
position and employee proposition, starting with a fair and sustainable base salary aligned to
the relevant external market.
FCA financial rewards comprise base salary, flexible benefits (core and enhanced), pension and
an annual individual incentive opportunity. These benefits are offered to all employees, both
permanent and fixed-term. This policy sets out our reward strategy and the approach to
determining the total (financial) reward package.
This section also covers the processes relating to pay transactions e.g. payment of monthly
salary, reclaiming expenses, payment while on sick leave or maternity leave.
Also included here is reference to other policy areas which have an effect on salary and/or
benefits, with a link to the relevant policy where appropriate.
Principles
What you can expect from the FCA
We will:

provide you with access to fair and sustainable base salaries;

make available to you salary ranges for job families;

ensure that salary data / job family information is accurate and up to date;

ensure that you receive clear messages about why you receive a particular salary / and
about your ‘position in range’;

provide an annual statement of your total remuneration;

provide all other salary and benefits information promptly
(e.g. salary slips, P60s);

ensure that you are treated fairly with regard to rewards – we will conduct an annual
equal pay audit to ensure the pay review process is deployed equitably;

maintain confidentiality surrounding salary and benefits, releasing only on a ‘need to
know’ basis;

pay overtime only for periods of more than one hour in any day. After that, payment will
be made for each completed period of 15 minutes worked. Eligible full time staff will not
be paid overtime until they have worked at least 36 hours in the relevant week. Part time
staff will be paid overtime at their normal hourly rate until they have worked 36 hours in
the relevant week.

Payments will be made through the payroll. Please note that the cut-off date for inclusion
in the payroll is normally first working day of the month.
What the FCA expects of you

It is your responsibility to ensure that you understand your pay position within your job
family; your line manager will explain this to you.

If you do not understand or feel that your salary is incorrectly positioned you should raise
this with your line manager in the first instance.
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
You should check that your salary details are correct in your monthly payslip. If you
suspect that your remuneration information (e.g. monthly salary slip) is incorrect tell the
HR Helpline immediately.

Tell the HR Helpline immediately if you change any bank details or if your personal
circumstances change, as this may affect entitlement and eligibility to certain elements of
the flex account.

You must obtain prior approval from your line manager before working
paid overtime.

Claims must be made monthly, for overtime worked in the previous month, on authorised
claim forms.
What are the responsibilities of line managers?
As a line manager, you must:

ensure that your employees are told why their salary is positioned where it is with
reference to their job family;

ensure you treat all employees fairly when allocating salaries and annual individual
incentive awards;

keep a written record of all salary and annual individual incentive award decisions and the
rationale behind them with reference to peer group comparisons to ensure that we are
able to show how an employee’s salary has been reviewed and if applicable how an annual
individual incentive aware was decided; this normally takes place annually through the
annual pay review process; and

contact the HR Helpline in the first instance to discuss interim salary reviews or retention
payments.
The policy
Reward strategy
The FCA’s Reward Strategy focuses on rewarding those who:

demonstrate successful and consistent delivery against objectives;

make a significant overall contribution to the FCA’s regulatory goals; and

demonstrate the values and behaviours that FCA expects and requires.
Incentives are available to all employees and are targeted in particular at our
highest performers.
Flexible benefits and pensions are provided to all permanent and fixed-term employees to
complement the FCA’s comprehensive reward package, these form part of your total
remuneration package.
This policy section covers the salary elements and benefits available to employees and also the
process for reviewing salary and annual individual incentive award.
The FCA sets its base salaries with reference to the financial and non-financial sectors; these
benchmarks are used to generate our job families.
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As a general principle, salaries at the FCA are positioned at, or close to, the median for the
relevant job family and level. Positioning with reference to the median is determined by a
range of factors including, but not limited to, experience, skills and affordability. New staff and
those whose experience is limited can expect to be positioned initially below the median and,
on demonstrating competence against the FCA’s published Behavioural Framework, can expect
to make progress towards the median. Some highly experienced staff will be placed above the
median to reflect their expertise and expected contribution. In any population, it would be
expected that there will be a range of salaries at, above and below the median of any given
salary range, consistent with a normal distribution pattern and reflective of a mixed population
of highly experienced and less experienced employees.
Elements of remuneration
All permanent and fixed-term employees are eligible to receive the following core contractual
elements of remuneration:
Base salary
This is the basic salary for your role and determines all other benefits including pension
contribution made by the FCA, flexible benefits allowance, incentive, overtime (if appropriate),
holiday and sick pay.
Pension
The FCA operates a non-contributory pension plan for all employees. Employees are offered
pension benefits in the Money Purchase part of the Plan.
Core Benefits
These are the benefits provided to all permanent employees by the FCA which sit outside the
Flexible Benefits Plan and which form part of your Contract of Employment. In addition to core
holidays (23 days for all full time staff), these include life assurance, permanent health
assurance and private medical insurance.
Base salary and Core benefits are contractual elements and form part of your Personal
Statement of Terms and Conditions of Employment.
Non-contractual elements of remuneration
Flex account
The flex account is an amount of money you receive each month to enable you to choose your
preferred combination of benefits to suit your needs and lifestyle, in addition to the Core
Benefits.
Non-financial benefits
In addition we also offer a comprehensive range of non-financial benefits including:

interesting jobs offering a unique insight into financial services;

the chance to contribute first-hand to the financial well-being of millions of UK consumers
and to the health of our financial markets;

access to highly rated learning and development opportunities;

a range of flexible working options; and

subsidised fitness centre, staff restaurant and on site health services.
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Annual Individual Incentive Plan
The FCA operates an annual individual incentive plan which is available to all employees. This
is a discretionary plan and offers employees the opportunity to receive a payment of up to
35% of their annual salary, depending on their performance and contribution.
Incentives are non-pensionable and not guaranteed. The incentive plan is reviewed regularly
and may be changed without notice. Getting an incentive payment one year does not mean
you will receive payment in subsequent years.
Employees will be excluded from the incentive plan if:

they have given or received notice of termination of employment; or

have less than three months’ service at 1 April.
Other situations: The following employees may be excluded:

if they have been subject to sanctions (e.g. warnings) under disciplinary procedure within
a period to be determined by the FCA in each case; or

are on any stage of the Disciplinary and / or Performance Management procedures.
Salary review process
Salaries are reviewed annually in April. The pay review process is carried out in the last
quarter of the performance review year. All employees (including fixed term) are eligible to
participate in the annual salary review with the exception of employees:

with less than three months’ service at 1 April will not be included in the pay review for
that year;

who are on probation will be included (provided they have more than 3 months’ service at
1 April) but any increase will not become effective until their probation has been
confirmed;

who have given or received notice of termination of employment;

who are under a (‘Stage 2’ or above) Disciplinary investigation (although dispensation
may be given to Stage 1 investigations); or

who have received an interim salary increase between 1 January and 1 April.
Interim salary review policy
The annual salary review takes place in April. Most FCA employees will have their salary
reviewed at this time. However, some circumstances may give rise to the need to consider an
interim salary review, including:

promotions (changes to contractual grades not movement between job families);

if an individual has made significant progress within a job family to the extent that
comparison with the next level in the job family is more appropriate and was either not
apparent or not taken into account at the previous pay review; or

rapid change in external market conditions – although line managers should also consider
the use of a retention bonus to ease a short-term pressure on salaries
(see section below) – that mean salaries have risen sharply and the FCA is at risk of losing
key staff whose departure could affect our ability to deliver against key external priorities.
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Line managers should consult with the HR Helpline for further guidance on making interim
salary awards, in particular to discuss the risks of losing key staff and alternative measures for
retaining key skills.
Interim salary increases are funded by the sponsoring business unit and should be agreed by
the appropriate HoD, Director and Senior HR Business Partner.
Retention bonus policy
The FCA recognises the need to identify and retain key skills in order to deliver our business
plan. Talent management plays a key role in the identification, development and retention of
skilled employees. However, in some situations we may need to consider paying additional
bonus in order to retain certain individuals. Examples include:

to align with the delivery of a critical project;

to keep an individual in position for a particular period of time; and

to retain key skills within the FCA.
Links with other policies
Pay, rewards and benefits have close links with other policy areas, including the following:
Absences: Pay and Benefits in connection with absences
See the Sickness Absence Policy for details of sick pay.
Salary and annual individual incentive award
Short and extended absences will not affect pay and annual individual incentive awards,
although pay increase and payment of annual individual incentive awards will be deferred until
the employee returns.
Long-term absences will trigger (if any annual individual incentive award payable) a pro rata
amount to reflect the actual amount of time at work, and therefore your actual contribution.
If an employee is absent for more than 130 days in the performance year (i.e. for more than
half the number of eligible working days in the performance year), they will not receive an
annual individual incentive award for that year.
Summary of the overtime process
In certain circumstances it may become necessary to work additional hours in order to meet
the demands of a particular project or task. Currently Administrator/Secretary grades are
eligible to be paid overtime. Eligibility is not a contractual right and any paid overtime must be
agreed with your Divisional Director before the additional work commences. Overtime will only
be paid for pre-agreed project work or role-specific tasks that cannot be carried out during
normal working hours and such exceptional circumstances as agreed by the Director (complete
the overtime eform).
If you are an Associate (with Associate benefits) in the Information Systems, Property &
Workplace, or Corporate Security areas, you may be entitled to be paid overtime (see below).
There is no contractual entitlement to overtime working. All overtime must be authorised in
advance by the Divisional Director.
Your Personal Statement will state whether you are eligible to receive payment for authorised
overtime.
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The following overtime rates apply for Administrators/Secretaries:
Monday to Friday
1.5 x pensionable hourly rate
Saturday, Sunday and Bank Holidays
2.0 x pensionable hourly rate.

Overtime will only be paid for periods of more than one hour in any day. Eligible full time
employees will not be paid overtime until they have worked at least 36 hours in the
relevant week, i.e. you must work one hour past your standard hours to be able to claim
pre-approved overtime. After that, payment will be made for each completed period of 15
minutes worked.

Part time employees will be paid overtime at their normal hourly rate until they have
worked 36 hours in a week (the equivalent for full time employees). After that any
approved overtime payments will be paid at 1.5 or 2 times the hourly rate

Payments will be made through the payroll. Please note that the cut-off date for inclusion
in the payroll is the first working day of the month.
The cost of overtime will be charged to your departmental cost centre.
Out of hours working policy for Associates (with Associate contractual clause
relating to overtime) in the Information Systems Division, Property & Workplace,
and Corporate Security Departments
The policy applies to Associates whose contracts of employment indicate that they are entitled
to overtime payments.
Where possible, out-of-hours working, whether planned or unplanned, will be dealt with by use
of rota/staggered hours. Additional hours worked, which cannot be accommodated in this way,
will normally be compensated by time off in lieu. In exceptional circumstances, provided that
other methods have been ruled out, Directors may use their discretion to allow overtime
payments.
Payment arrangements are currently as follows:

Monday to Friday - Time off in lieu wherever possible, payment of time and a half where it
is not possible. Payment will not be made for periods of less than one hour in any day.
After completion of one hour, payment will be made for each completed period of 15
minutes worked.

Weekends (attendance commencing between midnight Friday and 5am Monday) or public
holidays - flat rate payment of £80 plus time and a half for all hours worked (paid by the
quarter hour).
All out-of-hours working must be approved in advance by the Divisional Director.
Contractual Information (start)
Adjusted salary
This is the amount that you are paid after applying any increase or reduction to your basic
salary as a result of the flexible benefits plan. If there are no adjustments resulting from the
Flexible Benefits Plan, this will be your basic salary.
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For a full explanation of the Flexible Benefits Plan and how it works, please see the Flexible
Benefits Plan booklet. The flexible benefits plan is not incorporated by reference into your
Contract of Employment.
Confidentiality of salary
Details of your basic salary and/or flex account will be treated by the FCA as confidential
information. We will only disclose this on a ‘need to know’ basis.
Salary review
Your basic salary is normally reviewed annually on 1 April. Any increase will be at the
discretion of the FCA and you will be notified about this in writing.
All FCA employees will be included in the annual pay review except for those who, as at 1
April:

have been employed by the FCA for three months or less;

have either given, or received, notice of termination of employment.
If you join the FCA after 31 December in any year, you will not be included in the pay review
for that year. If you are on probation as at 1 April and but joined the FCA before 31 December
you will be included in the pay review, but any increase agreed will not be awarded until after
you have successfully completed your probationary period and your appointment has been
confirmed.
Contractual Information (end)
Who is covered by this policy?
This policy covers all employees.
Ownership, updates and query management
This is the FCA’s Salary& Benefits Policy as at April 2009. The policy is owned by the HR
Division and has been developed in conjunction with the FCA’s Staff Consultative Committee.
The procedure is not contractual and is subject to change at the discretion of the FCA – we will
publish any changes on the intranet.
Any questions on how the policy applies should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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10.
Performance, Discipline and Grievance
Disciplinary Procedure
The FCA believe in creating a working environment where our employees know what is
expected from them – this includes following reasonable instructions, complying with the terms
of their contract of employment and adhering to the FCA’s conduct policy, security and
compliance standards.
We believe in managing our employees fairly and consistently, but where conduct does not
meet our expectations, we will discuss the improvements required and take whatever action is
required.
Principles
What you can expect from the FCA

We will manage any concerns about conduct in line with the following principles:

We will discuss any concerns we have with you and listen to what you have
to say.

We will use informal processes to try to resolve matters wherever possible.

We will not take formal action until we have undertaken a thorough investigation.

We will keep any action and paperwork confidential – as far as we can.

We will follow this disciplinary procedure if formal action is needed.

We will treat you fairly and if necessary may vary these procedures where individual
circumstances require it.
What the FCA expects of you

Comply with reasonable instructions, the terms of your contract of employment and the
FCA’s conduct, policy, security and compliance standards.

Discuss any issues that affect your work with your manager in the first instance.
The Disciplinary Procedure
The FCA’s Disciplinary Procedure has three stages and we reserve the right to initiate the
procedure at any stage taking into account the alleged misconduct of an employee and all the
circumstances of the matter.
Stage 1 – First written warning: If your conduct has failed to meet expected standards,
despite interventions from your line manager (for clear desk breaches there might not be any
interventions), you will be required to attend a disciplinary hearing chaired by your Manager.
The exact nature of the suspected misconduct will be explained in full. If your Manager
believes it to be justified, you may be given a written warning, which will give details of the
complaint (misconduct) and will warn that further action will result if there is a repetition of the
misconduct or no satisfactory improvement within a specified period. The written warning will
contain specific actions and/or objectives that need to be fulfilled in order for agreed
improvement to take place. A copy will be placed on your personal file, but will be disregarded
for disciplinary purposes after six months subject to satisfactory conduct.
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Stage 2 – Final written warning: If the misconduct is sufficiently serious or if, following a
formal written warning, there is a further incident of misconduct within the period specified
(whether or not of the same nature or severity), you will be required to attend a disciplinary
hearing chaired by your Director/Head of Department. Your Director/Head of Department will
then decide on the action to be taken. If he or she believes the complaint of misconduct to be
justified, you may be given a final written warning stating that if your conduct does not
improve during a specified period, dismissal, or some other specific action, will result. The
warning will contain specific actions and/or objectives that need be fulfilled in order for agreed
improvement to take place. A copy will be placed on your personal file, but will be disregarded
for disciplinary purposes after 12 months subject to satisfactory conduct (although in
exceptional cases the period may be longer, or the final written warning may not be
disregarded).
Stage 3 – Dismissal: If your misconduct is sufficiently serious, or if your conduct is still
unsatisfactory following a final written warning and you fail to reach the required standards,
you will normally be dismissed. The decision to dismiss will be taken following a disciplinary
hearing by a panel comprising a Director and/or Head of Department who have not been
involved in the investigation, plus a member of the HR Division who will be there to provide
procedural guidance. Any decision to dismiss will be taken following a thorough review of all
the evidence.
General misconduct
Examples of general misconduct include (but are not limited to):

persistent poor time keeping;

unauthorised absence and/or poor attendance record;

failure to observe FCA procedures;

unreasonable refusal to follow reasonable instructions or work request issued by
a manager;

failing to deal promptly, efficiently and politely with third parties with whom you have
dealings on behalf of the FCA; and

rude or abusive behaviour;

failure to maintain effective working relationships.

In the case of general misconduct you will normally be issued with a written warning for a
first offence and recommendations may also be made about withholding or deferring the
receipt of annual individual incentive award payments and/or pay rises.
Gross misconduct
Examples of gross misconduct include (but are not limited to):

fraud, theft, dishonesty or obtaining or attempting to obtain an advantage at
the expense of the FCA or any person, firm or organisation that is regulated by the FCA;

offering or accepting bribes under the Bribery Act 2010;

falsification of records, reports, accounts, expense claims or
self-certification forms;

physical assault of another employee or member of the public;
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
damage to or deliberate misuse of company property including use of
the Internet;

being under the influence of alcohol, drugs or other substances that impair performance or
conduct while at work (including attending any event, whether social or otherwise at FCA
premises or elsewhere);

being convicted of any criminal offence (whether or not relating to employment), which in
the opinion of the FCA, seriously undermines the FCA’s confidence
in you;

deliberate acts of discrimination, harassment or victimisation in breach of the Equality of
Opportunity Policy or Bullying & Harassment Policy, or instructing or aiding someone to
commit an act of discrimination, harassment or victimisation in breach of the Equality of
Opportunity Policy;

making false statements about one’s own or another employee’s work, the falsification of
working papers, or the making of any statements likely to be detrimental to the reputation
of the FCA;

misuse of the Whistleblowing Policy by knowingly raising false and malicious allegations;

subjecting a colleague to a detriment or otherwise victimising a colleague who has raised
concerns, made a complaint or given evidence or information under the Whistleblowing
Policy or under any other FCA policy or procedure;

repeated failure to comply with a reasonable work request;

bringing the FCA into disrepute.
We reserve the right to dismiss you, without notice or pay in lieu of notice, if in our opinion
you have committed an act of gross misconduct.
Suspension
If you are suspected of gross misconduct, you may be suspended from work on full pay and
contractual benefits while we carry out an investigation.
If gross misconduct is not initially suspected or believed to have occurred, but during the
course of an investigation the person conducting it reasonably forms the opinion that a serious
breach of discipline may have occurred, you may then be suspended.
Any decision to suspend will be confirmed in writing within three working days and will confirm
that the nature of the suspension is precautionary, not disciplinary, pending the outcome of
the disciplinary investigation. The period of suspension will be as brief as possible and will be
kept under review.
Investigation
The FCA will promptly and thoroughly investigate any matter where we reasonably suspect or
believe that conduct is not in line with our expectations. The investigation will be as thorough
as possible. You will be asked to supply any evidence relevant to the investigation and will be
notified when it has concluded.
Depending on the circumstances of the case, you may be invited to attend an investigatory
meeting. If such a meeting is held prior to a disciplinary hearing, you will be informed at the
outset that the meeting is an investigatory interview. The FCA reserves the right to dispense
with an investigatory meeting and to proceed directly to a formal disciplinary hearing.
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In most cases the investigator(s) will not normally be involved in making decisions relating to
the outcome of the case and will only attend any disciplinary hearing in order to present facts
and supporting materials (as required). However, where the FCA considers it appropriate, the
investigator may also act as the decision maker in a disciplinary hearing.
Right to be accompanied
You are entitled to be accompanied at formal disciplinary meetings by a companion, who may
be a Staff Representative or another FCA employee of your choice who may be a friend or
colleague. Please note that the fellow employee should not be a member of the HR Division.
Alternatively, you may be accompanied by a Trade Union official. The meeting may be
postponed, at your request, for up to five working days if your chosen companion is not
available to attend on the date set for the meeting.
Disciplinary hearing
Preparing for the hearing
Where there are reasonable grounds to believe that you have committed an act of misconduct,
you will be invited to attend a disciplinary hearing. Prior to any disciplinary hearing, the FCA
will provide you with:

at least 3 working days’ advance notice of the hearing;

details of the time and venue;

details of the purpose of the hearing, potential sanctions (where appropriate) and
confirmation that it will be held under the FCA’s disciplinary procedure;

written details of the nature of your alleged misconduct plus all copies of relevant
documentation that the FCA intends to rely upon at the hearing;

instructions that either party should notify the opposite party of any intention to call
witnesses or supply witness statements.
If you are unable to attend the disciplinary hearing and provide a good reason for failing to
attend, the hearing will be adjourned to another day. The FCA will give at least three working
days’ advance notice of the revised hearing. Unless there are special mitigating circumstances,
if you are unable to attend the rearranged hearing, it will take place in your absence. You will
also be allowed to make written submissions in such a situation. Your companion or trade
union official may attend in such circumstances and will be allowed the opportunity to present
your case.
The hearing
The disciplinary hearing will normally be conducted by your line manager, unless a more senior
manager is required (see stages above).
You will be given a full explanation of the case against you and be given the opportunity to
state your case and put forward an explanation of your conduct and/or mitigating factors.
The FCA may adjourn disciplinary proceedings if it appears necessary or desirable to do so
(including for the purpose of gathering further information). You will be informed of the period
of any adjournment. If further information is gathered, you will be allowed a reasonable period
of time, together with your companion (if any), to consider the new information before
reconvening the disciplinary hearing.
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As soon as possible after the conclusion of the disciplinary proceedings, the decision maker (or
their nominated alternative) will convey the decision to you and will inform you of what
disciplinary action, if any, is to be taken. The decision will be confirmed in writing. You will be
notified of your right of appeal under this procedure.
Disciplinary action
Where the FCA establishes that you have committed a disciplinary offence, the following
disciplinary action may be taken:
If the misconduct is serious a First Written Warning may be given. If the conduct is sufficiently
serious a Final Written Warning maybe issued.
If, following a First Written Warning, there is a further incident of misconduct (whether or not
of the same nature) within the period, a Final Written Warning may be issued.
If the misconduct is sufficiently serious or if conduct is still unsatisfactory following a Final
Written Warning, you will normally be dismissed. Where the FCA establishes that you have
committed an act of gross misconduct, you may be summarily dismissed without notice or pay
in lieu of notice, following an investigation and hearing.
Alternatives short of instant dismissal may be considered at the absolute discretion of the FCA.
We may use one or more of the following depending on the circumstances:

Suspension without pay up to a maximum of 7 days.

Demotion to a more suitable job, if available.

Transfer to another department/division.
The alternatives short of dismissal mentioned above are not exhaustive and the FCA reserve
the right to take any action we consider appropriate in the circumstances.
In addition to formal action, consideration will be given to withholding or deferring the receipt
of annual individual incentive award payments and/or pay rises.
While any formal warnings are in place, you are required to disclose the matter
as part of the internal recruitment process, should you decide to apply for an advertised role.
Appeals
You may appeal against any disciplinary sanction imposed against you.
Appeals may be lodged on a number of grounds, including:

new evidence coming to light;

the decision being wrong or unreasonable;

the inappropriateness of any penalty imposed; and

process or procedural irregularities.
Any appeal against the issue of a written warning or dismissal must be lodged in writing with
the appropriate manager (see table below) within five working days of being informed of the
decision that has been made detailing the grounds for appeal.
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Action
Taken by
Appeal to
Appeal heard by
First written warning
Line Manager
Manager of person
who issued the
warning.
Manager of person who issued
the warning.
Final written warning
Director/Head of
Department
Manager of person
who issued the
warning.
Manager of person who issued
the warning.
Dismissal
Director and/or Head HR Director
of Department
Two people who will be senior
employees of the FCA and not
involved in the case to date.
The FCA will normally hold the appeal meeting within ten working days of receipt of the written
request where possible, and will give at least three working days’ notice of the meeting.
The manager hearing the appeal must decide on the basis of representations from you and the
manager, together with any subsequent facts that may have come to light, whether to uphold
the decision that has been made.
An appeal against dismissal will be heard by two people appointed by the HR Director, who will
be senior employees and who will not have been involved in any action previously conducted
under the disciplinary. A member of the HR Division will also be present to take notes and give
procedural advice when required.
The outcome of the appeal meeting and the reasons for the decision will be confirmed in
writing as soon as possible.
At the appeal, any sanction imposed will be reviewed but cannot be increased.
Where an appeal against dismissal fails, the original decision to dismiss will have had
immediate effect and, if the dismissal is by notice, the period of notice will already have
commenced on the date that the decision was given. If the original decision was to dismiss
immediately without notice, the FCA is under no obligation to pay for any period between the
date of the original dismissal and the appeal decision – the original date of termination will
stand unless the decision to dismiss is overturned on appeal.
Timelines
The timelines provided in this procedure are intended as a guideline. Although in many cases
we would expect the process to operate more quickly, there may be occasions where it proves
impossible to meet the timelines. This may include, for example, occasions where key
participants in the process are not available due to holiday. Similarly, the timescales may need
to be extended if the matter is especially complex and requires detailed investigation. In these
circumstances you will be told the date by which you can expect a response and every effort
will be made to complete the process as quickly as possible.
Who is covered by this policy?
This procedure covers all employees.
Ownership, updates and query management
This is the FCA’s Disciplinary Policy as at September 2013.
The policy is owned by the HR Division and has been developed in conjunction with the Staff
Consultative Committee.
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The procedure is not contractual and is subject to change at the discretion of the FCA – any
changes will be published on the intranet.
Any questions on the application of the policy should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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Dismissal Procedure
From time to time the FCA needs to terminate the employment of an employee; for example,
when we do not confirm a probationary period, or for reasons of unacceptable conduct or
capability.
The purpose of this policy is to ensure a consistent and fair approach to dismissal is applied
across the FCA.
Principles
What you can expect from the FCA

We will manage any dismissals in line with the following principles.

We will let you know in writing why we are considering terminating
your employment.

We will meet with you and listen to what you have to say.

We will make a decision based on the information available to us.

We will let you appeal against any decision to dismiss.

We will treat employees fairly and if necessary may vary these procedures if individual
circumstances require it.
What the FCA expects of you

We expect you to meet with us and share your views on the proposed dismissal so we can
make a decision based on full information.
The Dismissal Procedure
There are three basic steps within the FCA’s Dismissal Procedure. These are summarised as
follows.
Step 1 – We will write to you explaining that the FCA is intending to terminate your
employment and the reasons why. You will be invited to attend a meeting, at which you will be
given an opportunity to discuss the matter in more detail with us.
Step 2 – A meeting will be held and you will be given the opportunity to discuss the possible
termination of your employment and the reasons for this. After the meeting, we will consider
the proposal in light of any representations you make and a decision will be made about
whether or not to proceed with a termination. You will be informed of the decision in writing
and (where dismissal is confirmed) of your right to appeal.
Step 3 – If you wish to submit an appeal, you should do so in writing to the HR Director within
five working days of receiving the decision. Your letter should make clear the reasons why you
believe the decision should be reviewed.
You will be invited to attend an appeal meeting, which will take place within ten working days
of receipt of your written notice of appeal.
The appeal will be heard by a more senior manager, who has not been involved in any of the
meetings or discussions previously carried out under this procedure.
The outcome of the appeal will be confirmed to you in writing as soon as possible after the
appeal has been held. The decision made at the appeal will be final and
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there is no further right of appeal. Where an appeal against dismissal fails, the effective date
of termination of employment will be the date on which you were originally dismissed.
Right to be accompanied
You are entitled to be accompanied at formal dismissal meetings by a companion, who may be
a Staff Representative or another FCA employee of your choice who may be a friend or
colleague. Please note that the fellow employee should not be a member of the HR Division.
Alternatively, you may be accompanied by a Trade Union official. The meeting may be
postponed, at your request, for up to five working days if your chosen companion is not
available to attend on the date set for the meeting.
Timelines
The timelines in this procedure are intended as guidance.
Who is covered by this policy?
This procedure covers all employees.
Ownership, updates and query management
This is the FCA’s Dismissal Policy as at April 2009.
The policy is owned by the HR Division and has been developed in conjunction with the Staff
Consultative Committee.
The procedure is not contractual and is subject to change at the discretion of the FCA – any
changes will be published on the intranet.
Any questions on the application of the policy should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
This policy does not form part of your contract of employment unless
otherwise stated.
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Grievance Procedure
The FCA is working to become an organisation where employees feel stimulated, developed
and able to give their best to their work. However, we are aware that from time to time,
employees may be unhappy about certain aspects of their working life.
We believe that most concerns can be dealt with quickly and informally if the employee and
line manager have open and honest conversations. However, there are times when concerns
cannot be resolved in this way.
The purpose of this policy is to provide employees and line managers with an approach for
raising and addressing a diverse range of work concerns in a fair and timely manner and as
closely as possible to the point of origin.
Principles
What you can expect from the FCA
We will manage concerns raised about working life in line with the following principles and will:

deal promptly with any concerns you raise and listen to what you have to say;

try to address concerns as closely as possible to the point of origin;

establish the facts of a complaint, conducting an investigation where required;

attempt where possible to deal with concerns informally;

follow this grievance procedure if informal processes have not worked;

keep any actions and paperwork confidential – as far as we can;

treat employees fairly and vary these procedures if necessary, e.g. if they place disabled
employees at a disadvantage; and

support all parties to the process in a sensitive and appropriate way.
What the FCA expects of you
We expect employees to:

use informal processes to try to resolve their concerns wherever possible;

raise any grievance as soon as possible after the event giving rise to the
complaint (as a general guide we suggest that it should normally be raised
within two weeks);

put your complaint in writing if you are using the formal stages of the
grievance procedure;

explain how you would want your concerns to be resolved; and

keep the details of the grievance confidential.
The Grievance Procedure
The FCA’s formal grievance procedure has three stages preceded by an
informal stage.
Informal stage
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As most complaints and grievances can be resolved informally by discussion with your
immediate line manager, the first stage in dealing with most problems is to book a meeting
with them and talk about it. Dealing with problems in this way can often lead to a quick
resolution, as your line manager may be able to resolve the matter directly.
Where appropriate, consideration could be given to the use of an independant third party to
resolve the problem.
Formal stage
Sometimes you may not be able to resolve your grievance informally, or the matter may
directly concern your immediate line manager and you may not feel that it is appropriate to
raise it with them. In this case you need to follow the formal process below.
Stage 1 – Raise the matter in writing with your line manager. If your grievance is about a line
manager, you should raise it with the person they report in to. You need to make clear that
you are raising a formal complaint under the FCA’s grievance procedure, provide as much
detail as possible about your complaint and sign and date your letter.
A meeting will be arranged with you in order to discuss your concerns – wherever possible, the
meeting will take place within ten working days of receipt of your written grievance.
You will be given the opportunity to present your complaints at the meeting and should
provide any documents or names of witnesses you intend to rely on.
The FCA will consider and respond to your grievance in writing, normally within
20 working days of the meeting.
Stage 2 – If you are dissatisfied with the outcome of the grievance process, you can write to
the HR Director stating the reason why you disagree with the previous decision. You should do
this within ten working days of being notified of the decision in Stage 1.
Although the HR Director will review your case and be responsible for making a final decision
on your case, they may nominate a representative from within the FCA to help compile the
evidence and make a recommendation. The HR Director or nominated person will obtain all the
relevant records, gather any additional information and reconsider the matter.
If necessary, a further meeting will be arranged, but in any event, wherever reasonably
practicable, a decision will be made and confirmed in writing within 20 working days of the
date of referral. This decision will be final.
Work concerns covered by this procedure
This procedure should be used for general work concerns, such as (but not
limited to):

breaches of your statutory employment rights;

not applying FCA procedures or policies correctly;

not allocating overtime, work duties or holiday dates fairly;

unfair working practices e.g. not signing off expense claims;

complaints about your work, working conditions, pay and benefits, working hours and
working relationships; and

treatment by colleagues.
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Work concerns not covered by this procedure
This procedure should be not used for breaches of our Equality of Opportunity Policy, such as:

victimisation;

bullying;

harassment;

discrimination.
Complaints of this nature should be raised in accordance with the procedure provided in the
Equality of Opportunity and Bullying & Harassment policies.
This procedure should not be used for the purposes of whistleblowing. Concerns of this nature
should be raised in accordance with the procedure provided in the Whistleblowing Policy
Investigation
The FCA will promptly and thoroughly investigate any grievance that is raised. The extent of
any investigation will depend on the particular circumstances of the case. The employee will be
notified of the investigation and when it has concluded.
Right to be accompanied
You are entitled to be accompanied at formal grievance meetings by a companion, who may be
a Staff Representativeor another FCA employee of your choice who may be a friend or
colleague. Please note that the fellow employee should not be a member of the HR Division.
Alternatively, you may be accompanied by a Trade Union official. The meeting may be
postponed, at your request, for up to five working days if your chosen companion is not
available to attend on the date set for the meeting.
You must make all reasonable efforts to attend any grievance meeting. If you fail to do so, we
may proceed with the meeting in your absence.
Timelines
The timelines provided in this procedure are intended as a guideline. Although in many cases
we would expect the process to operate more quickly, there may be occasions where it may
prove impossible to meet the timelines. This may include, for example, occasions where key
participants in the process are not available due to holiday. Similarly, the timescales may need
to be extended if the matter is especially complex and requires detailed investigation. In these
circumstances you will be told the date by which you can expect a response and every effort
will be made to complete the process as quickly as is possible.
Who is covered by this policy?
This policy covers all employees.
Ownership, updates and query management
This is the FCA’s Grievance Procedure as at April 2009.
The policy is owned by the HR Division and has been developed in conjunction with the Staff
Consultative Committee.
The procedure is not contractual and is subject to change at our discretion of the FCA – any
changes will be published on the intranet.
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Any questions on the application of the policy should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
This policy does not form part of your contract of employment
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Performance Management Procedure
The FCA expects our employees to work to the standards required of their job. However, from
time to time we may have concerns that despite satisfactory conduct, an employee’s
performance does not meet the standards required of their job.
Concerns about performance might arise for a number of reasons, including:

lack of ability, skill or experience;

change in job;

reorganisation or redefinition of role; or

personal/family difficulties.
Where an employee’s work standards do not meet the standards required for the job, we will
work with them to help them deliver and sustain work to the standards we require within a
reasonable period of time.
The purpose of this procedure is to ensure a consistent and fair approach is adopted when an
employee is unable to meet the standards required in their job for reasons other than
misconduct.
Principles
What you can expect from the FCA
You can expect your line manager to do the following:

Make you aware of the standards of performance required for your job.

Talk to you about any shortfalls in performance as early as possible and listen to what you
have to say.

Agree with you the support you need to meet the standards required.

Provide reasonable assistance and support to help you meet the
standards required.

Give you a reasonable amount of time to make the necessary improvements.

Monitor your progress and discuss performance improvements or continued shortfalls with
you.

Make you aware of the consequences of not meeting the standards.
What the FCA expects of you
We expect you to do the following:

Undertake your work to the standards required of your job.

Talk to your manager if you are unclear about the standards expected of you.

Let your line manager know at an early stage if you are struggling to perform according to
the standards required of your job – they will then be able to assess the help you need.
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
Apply any training, coaching or other support provided to help you in your job and ask if
you need additional help.

Take personal responsibility for undertaking your job to a satisfactory standard.

Let your manager know if there are any external / personal factors which may affect your
performance e.g. family issues.
Performance Management Procedure
The FCA’s formal Performance Management Procedure has three stages preceded by an
informal stage.
Informal stage
Your line manager should talk to you as soon as they have any concerns about your
performance. Any concerns should initially be discussed informally as part of the regular
performance management discussions that take place between you and your line manager.
Open and honest discussions about improving performance should take place, which include
the identification and provision of ongoing support and help to improve performance to the
standards required. Support will be tailored to the individual case and may include additional
training, mentoring and coaching.
We expect your line manager to agree objectives with you, agree the actions required to
improve your performance, set a review period and monitor and give you feedback on your
progress. We expect you to take responsibility for getting your performance to the standard
required, asking your line manager for help as required.
We would hope that any underperformance can be addressed at this informal stage
of the process. However, if underperformance continues, you do not improve enough over a
reasonable period of time, or your line manager thinks the problems are serious enough, and
then the matter will escalate to the formal stage of the Performance Management Procedure.
Formal stage
The FCA’s formal Performance Management Procedure has three stages. In most situations the
procedure will move from one stage to the next. There may, however, be occasions where this
will not be the case and the process may start at any stage, including the third (and final)
performance review meeting.
First performance review meeting – You will be invited to a first performance review
meeting if your line manager considers your level of performance to have shown insufficient
improvement while being informally addressed, or the level of your performance has had
serious consequences.
You will be told why the meeting is necessary and will be entitled to state your case. Your line
manager will chair the meeting and will make the decision regarding further action.
If appropriate, you will be given a first written warning. This will explain the nature of the
shortfall in performance, the improvement required (including the timescales) plus details of
any training, development or other support that will be made available to help you achieve the
required standard of performance. The first written warning will also explain that failure to
make satisfactory progress within the specified review period may lead to further action being
taken in line with this Performance Management Procedure, including your possible dismissal
from the FCA.
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You will receive a copy of the first written warning, which will also be placed on your personal
file. The warning will be disregarded for this Procedure’s purposes and removed from your file
after six months, providing you achieve and sustain a satisfactory level of performance. In
exceptional cases, the warning period may be longer than six months. While this warning is in
place, you are required to disclose the matter as part of the internal recruitment process,
should you decide to apply for an advertised role.
You will have the right of appeal against any decision that is made.
Second performance review meeting – You will be invited to a second performance review
meeting if your line manager considers your level of performance to have shown insufficient
improvement by the end of the first formal review period, or the level of your performance is
considered to have significantly serious consequences.
You will be told why the meeting is necessary and will be entitled to state your case. Your line
manager will chair the meeting and will make the decision regarding further action.
If appropriate, you will be given a final written warning that explains the nature of the
shortfall in performance, the improvement required (including the timescales) and details of
any training, development or other support that will be made available to help you achieve the
required standard of performance. The final written warning will also explain that failure to
make satisfactory progress within the specified review period may lead to further action being
taken in line with this Performance Management Procedure, including your possible dismissal
from the FCA.
You will receive a copy of the final written warning, which will also be placed on your personal
file. The warning will be disregarded for this Procedure’s purposes and removed from your file
after 12 months, providing you achieve and sustain a satisfactory level of performance. In
exceptional cases, the warning period may be longer than 12 months. While this warning is in
place, you are required to disclose the matter as part of the internal recruitment process,
should you decide to apply for an advertised role.
You will have the right of appeal against any decision that is made.
Third performance review / dismissal meeting - You will be invited to a third performance
review / dismissal meeting if your line manager considers that your level of performance has
failed to reach the required standards, or your level of performance is considered irredeemable
within a reasonable period, or your level of underperformance has a serious impact on the
FCA.
The meeting will follow the process for a dismissal meeting as outlined in the Dismissal
Procedure. You will be told why the meeting is necessary and will be entitled to state your
case, having been presented with the evidence to support the issue of poor performance. The
decision to dismiss will be taken by your Director/ Head of Department as appropriate and
following a review of the evidence. A member of the HR division will be present at the hearing.
You will have the right of appeal against any decision that is made (See appeals section
below):
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Stages
Taken by
Formal
action
Duration of
warning
First review meeting – initiated when level of
performance is deemed to have adverse impact, or
there is insufficient improvement following being
informally addressed.
Line
Manager
First written
warning
Six months
Second review meeting – initiated when there has
been insufficient improvement following first review
or sufficiently serious.
Line
Manager
Final written
warning
12 months
Third review meeting – initiated when level of
performance has sufficiently serious consequences to
FCA and if insufficient improvement after second
review.
Line
Manager
and/or
Senior
Manager
Dismissal
Meeting
N/A
Right to be accompanied
You are entitled to be accompanied at formal performance improvement meetings by a
companion, who may be a Staff Representative or another FCA employee of your choice who
may be a friend or colleague. Please note that the fellow employee should not be a member of
the HR Division. Alternatively, you may be accompanied by a Trade Union official. The meeting
may be postponed, at your request, for up to five working days if your chosen companion is
not available to attend on the date set for the meeting.
Performance improvement meetings
Preparing for the meeting
If you are not performing to the required standards, your line manager will invite you to attend
a performance improvement meeting. Prior to the meeting, the FCA will provide you with:

at least three working days’ advance notice of the meeting;

details of the purpose of the meeting and confirmation that it will be held under the FCA’s
Performance Management Procedure;

written details of the nature of the underperformance and any other documents that will
be discussed at the meeting.
If you are unable to attend the meeting and provide a good reason for failing to attend, the
meeting will be adjourned to another day. The FCA will give at least three working days’
advance notice of the meeting. Unless there are special mitigating circumstances, if you are
unable to attend the rearranged meeting, it will take place in your absence. Your companion or
trade union official may attend in such circumstances and will be allowed the opportunity to
present your case. You will also be allowed to make written submissions in such a situation.
The meeting
The performance review meeting will normally be conducted by your line manager unless a
more senior manager is required. A member of the HR Division may attend in order to take a
note of the meeting and provide procedural advice.
You will be given a full explanation of where your performance meets the standards the FCA
require and where there is a shortfall in your performance against the standards required. You
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will be entitled to state your case and put forward any explanations and / or mitigating factors
that are affecting your performance.
The relevant manager will explain their decision (and their reasons for it) to you as soon as
possible after the meeting finishes. Your line manager will let you know the support (if any)
that is to be provided, or what action (if any) is to be taken. The decision will be confirmed in
writing and you will be notified of your right of appeal under this procedure.
Sanctions
Sanctions relating to underperformance in the formal stage of the procedure will vary
depending on the case. We may use one or more of the following sanctions depending on the
circumstances:

Transfer to a more suitable job, if one is available.

Withholding or deferring the receipt of incentive award payments and/or
pay rises.
Please review the Salary & Benefits Policy for additional information.
The sanctions mentioned above are not exhaustive and the FCA reserve the right to take any
action we consider appropriate in the circumstances.
While any formal warning is in place, you are required to disclose the matter as part of the
internal recruitment process, should you decide to apply for an advertised role.
Monitoring progress
A monitoring system should be put in place during the review period and a written record will
be kept of any assessment made during the period. You will receive a copy of any written
record. Your manager will talk to you about improvements made and/or continued
underperformance during the review period, rather than you simply waiting for feedback at the
end of the review period.
Appeals
If you are given a formal warning or notice of dismissal, you will have the right
of appeal.
Appeals may be lodged on a number of grounds, including:

new evidence coming to light;

the decision being wrong or unreasonable;

the inappropriateness of any penalty imposed; and

process or procedural irregularities.
Any appeal against the issue of a first or final written warning, or dismissal must be lodged in
writing with the appropriate manager (see table below) within five working days of being
informed of the decision that has been made.
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Action
Taken by
Appeal to
Appeal heard by
First written
warning
Line Manager
Manager of person who
issued the warning.
Manager of person who issued the
warning.
Final written
warning
Line Manager
Manager of person who
issued the warning.
Manager of person who issued the
warning.
Dismissal
Line Manager and
Senior Manager
HR Director
Two people who will be senior
employees of the FCA and not
involved in the case to date.
The FCA will normally hold the appeal meeting within ten working days of receipt of the written
request where possible, and will give at least three working days’ notice of the meeting.
The manager hearing the appeal must decide on the basis of representations from both the
employee and the manager, together with any subsequent facts that may have come to light,
whether to uphold the decision that has been made.
An appeal against dismissal will be heard by two people appointed by the HR Director, who will
be senior FCA employees and who will not have been involved in any action previously
conducted under this Procedure. A member of the HR Division will also be present to take
notes and give procedural advice when required.
The outcome of the appeal meeting and the reasons for the decision will be confirmed in
writing as soon as possible.
At the appeal any sanction imposed will be reviewed but cannot be increased.
Where an appeal against dismissal fails, the original decision to dismiss will have had
immediate effect and, if the dismissal is by notice, the period of notice will already have
commenced on the date that the decision was given. If the original decision was to dismiss the
employee immediately without notice, the FCA is under no obligation to pay the employee for
any period between the date of the original dismissal and the appeal decision – the original
date of termination will stand unless the decision to dismiss is overturned on appeal.
Timelines
The timelines provided in this procedure are intended as a guideline. Although in many cases
we would expect the process to operate more quickly, there may be occasions where it may
prove impossible to meet the timelines. This may include, for example, occasions where key
participants in the process are not available due to holiday. In these circumstances you will be
told the date by which you can expect a response and every effort will be made to complete
the process as quickly as is possible.
What happens if I am underperforming in my probationary period?
Underperformance during the probationary period may indicate a mismatch in the skills of the
new employee and the needs of the role. It is important that everyone is clear on the
standards of performance expected of them, but this is particularly important for new
employees. Line managers must regularly monitor the performance of new employees to
identify and address problems quickly.
If during your probationary period your level of performance does not meet the standards
required for the job you are doing, your line manager will talk to you in accordance with the
requirements of this Procedure.
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If during your probationary period your line manager is unhappy with your conduct, this will be
managed in accordance with the Disciplinary Procedure.
Who is covered by this policy?
This policy covers all employees.
Ownership, updates and query management
This is the FCA’s Performance Management Procedure as at April 2009.
The policy is owned by the HR Division and has been developed in conjunction with the Staff
Consultative Committee.
The procedure is not contractual and is subject to change at our discretion of the FCA – any
changes will be published on the intranet.
Any questions on the application of the policy should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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11.
Personal Conduct
Your obligations at the FCA
The FCA has a Code of Conduct because we need to ensure that our work is carried out in an
environment free from any suggestion of improper influence, in order to protect our reputation
of the FCA and employees.
Further information on the Code of Conduct can be found on the intranet pages.
What you can expect from the FCA

The Code of Conduct team will treat information supplied by staff in an appropriate
manner. It will be kept confidential (unless there is a legal obligation to disclose it) and
will not be misused in any way.

The Code of Conduct team will also be happy to support and guide staff in relation to Code
of Conduct matters in order to make compliance as easy as possible.
What the FCA expects from you
Compliance with the code is compulsory for all staff and breaches may result in disciplinary
action, including, where appropriate, dismissal. We expect all staff to consider the code as an
essential element in our culture.
Everyone should be aware of the obligations set out in the code and follow relevant procedures
in respect of conflicts of interests, share dealing, and gifts and hospitality.
The policy
Contractual Information (start)
FCA Code of Conduct
We are responsible for promoting and setting high standards of conduct, so our conduct both
as an organisation and as individual employees is likely to come under close scrutiny. It is
therefore essential that, in common with many other organisations, we have a Code of
Conduct. This provides a framework for managing conflicts of interest and related matters. It
also protects employees against any suggestion that regulatory decisions have been influenced
by personal interests or that their investment decisions have been influenced by information
made available in confidence to the FCA.
Within this framework, the code has been kept as practical as possible. For conflicts of interest
and personal dealings in shares, etc., we intend to rely as much as possible on a regime based
on disclosure and pre-notification. Inevitably some restriction on dealings in shares and related
investments will be required.It is the Ethics Officer’s responsibility to deal with matters arising
from the code and to monitor the information disclosed under its provisions. Any enquiries that
you may have on the personal implications of the Code of Conduct should be raised with the
Ethics Officer.
Failure to comply with the Code of Conduct, our standards of conduct and/or our security
provisions may be a disciplinary matter, which may lead to dismissal.
The Code of Conduct is set out in the FCA’s Code of Conduct for employees.
Failure to comply with the Code of Conduct and/or the FCA’s standards of conduct or security
provisions from time to time will be a disciplinary matter which may lead to dismissal.
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We expect all staff to consider the Code as an essential element in the FCA’s culture.
Everyone should be aware of the obligations set out in the Code and follow relevant procedures
in respect of conflicts of interests, share dealing, and gifts and hospitality.
Gifts and hospitality
Under no circumstances will you directly or indirectly offer, pay, request or accept any form of
bribery or improper inducement. For more details, please refer to the Policy on the Acceptance
of Gifts and Hospitality set out in the FCA’s our Code of Conduct for employees.
Personal Conduct
Money laundering
You have a personal responsibility to report knowledge or suspicion of money laundering to the
FCA Money Laundering Reporting Officer. This is knowledge or suspicion about a firm or
person, formed or obtained in the course of your work, which links the financial dealings of
that firm or person (or its customers, connected persons, etc.) to any criminal conduct or
terrorist activities.
The Money Laundering Regulations 2007 create this responsibility and providing you follow our
reporting procedure, you will comply with the law. Please see http://myfcahub/aboutus/enforcement-market-oversight/knowhow/intel-knowhow-resources/money-launderingreporting-officer for details of the reporting procedure.
Indemnity and notification requirements
The FCA will indemnify you (its employees and anyone who is seconded to the FCA or is
otherwise acting as a member of its employees) against any liability you incur in connection
with claims or proceedings brought against you in relation to anything done or not done when
working for the FCA. This applies whether proceedings are brought in the UK or overseas. The
indemnity will cover any liabilities incurred in connection with such claims or proceedings,
including any costs reasonably incurred in defending them, whether or not judgment is given
in favour of the employee concerned. If you are seconded or assigned while employed by the
FCA, we will, wherever appropriate, as a pre-condition of any secondment, either:

expressly confirm in writing that we will continue to indemnify you in line with the terms
of this contract throughout the course of the secondment; or

ensure that the organisation you are seconded or assigned to gives you an equivalent
indemnity.
The indemnity will not extend to any liability incurred where your acts or omissions are:

clearly done or omitted to be done in bad faith; or

are clearly outside or inconsistent with the scope of your responsibilities under your
Contract of Employment with the FCA.
The indemnity is conditional with all of the following requirements. If you fail to comply with
them, this could invalidate or otherwise affect the indemnity. The conditions are that you
should:

inform your manager within the FCA and the FCA Company Secretary as soon as you
become aware of the possibility of a claim against you or the FCA;

avoid any discussion of the matter with the potential claimant, but if this is impossible,
keep a written note of the conversation;
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
under no circumstances admit liability for yourself or the FCA;

not try to settle or compromise or reduce the potential claim;

not seek outside legal advice except with the authority of the FCA General Counsel or
Company Secretary; and

inform your management within the FCA and the FCA Company Secretary of any discovery
of suspicion, fraud or dishonesty by a past or present employee of the FCA or anyone
claiming to act on our behalf.
Confidentiality of information
You must observe absolute confidentiality concerning the affairs of the FCA, other than as
required to perform your normal duties. This includes all aspects of the FCA’s business,
committees, tribunals, panels and working groups, as well as the firms and individuals that we
regulate. Information must be kept confidential, even if it is favourable and not adverse to the
firm or individual concerned. Guidance is available from the General Counsel Division (GCD) on
the circumstances in which FCA we and our employees may, in the course of their duties and
for regulatory and other purposes, disclose confidential information. You should seek further
guidance if you are at all uncertain as to whether confidential information can be disclosed.
You should be particularly discreet in casual, social or other contact with journalists, regulated
firms and individuals and other people operating in the financial markets.
Disclosing confidential information without permission may be a criminal offence.
The duty to observe confidentiality is ongoing and does not cease after you leave
the FCA.
References
You must not give employment references, whether in the FCA’s name or otherwise, for
existing or ex-employees of the FCA. All requests for employment references should be
referred to HR Transactions. Requests for financial references should be referred to the HR
Helpline.
Exclusive employment
While employed by the FCA you are not permitted to undertake any additional employment,
whether directly or indirectly, except with written approval of the FCA. Agreement will not be
given where a potential conflict of interest exists, i.e. if the role involves any firm, person or
organisation that is or has been regulated, monitored or investigated by the FCA or has applied
for authorisation.
Restrictions on external employment include casual or part-time work in your spare time
(whether paid or not) and employment includes directorships, trusteeships, local authority
councillorships, or provision of services as consultant or agent.
On joining the FCA, you must disclose any external employment, appointment or business
interest. You will need to obtain written approval in advance from your Director/Head of
Department before continuing with this activity.
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Intellectual property
Any intellectual property created or produced during your employment, with the FCA or related
to work carried out by the FCA, may not be used by you except in the performance of your
duties. Such work will remain the property of the FCA and you may be required to assign the
property rights to the FCA.
Speeches and publications
Any fees received from speeches, articles, attendances at seminars or similar events, in your
capacity as an employee, must be surrendered to the FCA. If you are writing or publishing any
material connected with your work but not commissioned by the FCA, you should seek
approval from the Head of Press Office and Events in advance. You are reminded that the
publication of confidential information may be considered as gross misconduct and may lead to
dismissal.
Media enquiries
In order to help the FCA to maintain a consistent line when dealing with press or other media
enquiries, all press enquiries must be referred to the Press Office (extension 63232).
If you receive a media enquiry you should not comment on what is being put to you, but
politely and firmly refer the journalist to the Press Office. You should also contact the Press
Office yourself to inform them of the enquiry.
Only employees in the Press Office and those authorised by the Press Office should speak to
the media.
There are no exceptions to this requirement and even those authorised to talk to the press
(who have all received formal training on dealing with journalists) need to contact the Press
Office before responding to calls from journalists. This is designed to minimise any risk to
individual employees as well as the FCA.
Remember that the press may be present when employees are speaking at external
conferences or events. Don’t say anything you would be embarrassed to see in print,
particularly during question and answer sessions.
Changes in personal circumstances
We need to keep accurate records of key information on all employees. It is essential that
changes such as your home address, telephone number, marital status and who to contact in
the event of an emergency are recorded by you on PeopleHub.
In order to comply with our statutory duties, we need to know of any changes in your personal
circumstances, which affect or could potentially affect your employment with the FCA.
You must inform your line manager of changes in your health so that, if necessary, we can
comply with our statutory obligations to make reasonable adjustments to enable you to
continue working.
You must also inform your line manager and the HR Helpline, within a reasonable period of
time, if you are personally affected by, or involved in any of the following circumstances:
1.
You are charged with or convicted of any criminal offence, which includes being
disqualified from driving or receiving a formal police caution. This requirement does not
extend to minor traffic offences;
2.
You are involved in civil litigation in any capacity other than as a witness.
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3.
You are experiencing financial difficulties and/or have: filed for bankruptcy, individual
voluntary arrangements, debt management plans, debt relief orders, or have County
Court Judgements made against you.
Any of the above information will be treated in strictest confidence, however we reserve the
right to inform your Director/Head of Department when it is necessary and reasonable to do
so.
The FCA has legal obligations to fulfill as both an employer and the financial services regulator.
If we become aware, either through one of our checks or you inform us, that you are affected
by any of points 1 to 3 noted above, it may be necessary for us to reassess your suitability for
continued employment with the FCA. If we have to undertake such an assessment, we will
consider the following:

the principles of the Fit and Proper Test for Approved Persons;

the level of risk to the FCA’s reputation if you were to remain in your current role and/or
function;

the level of risk to the FCA’s reputation if you were to undertake a different role at the
FCA; and

whether you disclosed your situation voluntarily.
The outcome of this assessment may result in:

moving you to another role within the FCA where the level of risk is removed or reduced;

disciplinary action against you, the sanctions of which may be to dismiss you (see the
Disciplinary Procedure).
We fully appreciate that being involved in any of the above situations can be a very worrying
time. If you feel you would like to discuss your situation confidentially, the FCA’s free
counselling advice service is available 24/7. Alternatively contact the HR Helpline.
Conduct
We are an important, high profile organisation. Your conduct contributes significantly to our
reputation. For this reason, we require you to be pleasant, polite and considerate to other
employees and to outside contacts.
Appearance
You are required to be neat and tidy in appearance at all times while at work. You must wear
appropriate business dress, which is fit for purpose, while at work and outside working hours
when representing the FCA or attending FCA or other functions on behalf of the FCA. While you
have discretion to decide what appropriate dress is, line managers retain responsibility for the
interpretation and application of this.
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Contractual Information (end)
Employment of relatives or other individuals with whom there is a
close relationship
We do not prevent your relatives or other individuals with whom you have a close relationship
from being employed by the FCA. It is your responsibility as an employee to ensure that the
FCA is informed of any relationship at the time of making the application. The FCA will make
every effort to ensure that no conflict of interest arises. We do not normally permit employees
who have a close relationship to work together in the same team or report to the same line
manager.
Completion of weekly timecards
In order to measure corporate, divisional and departmental performance, all employees who
meet the ‘Headcount’ definition (i.e. all employees, secondees, contractors and long-term
agency temps) are required to complete weekly timecards on a timely and accurate basis.
Data recorded should reflect actual hours worked by activity performed and be submitted as
per the agreed deadline.
If any employee is exempted from completing timecards, local management will advise
accordingly.
Personal mail
Personal mail should not be sent to the FCA’s addresses. We will not be responsible for its safe
delivery and it may be opened for security purposes. You may not use the FCA’s stationary or
postage for personal correspondence, but may send personal mail from the office provided that
you pay for postage by affixing the appropriate stamp(s).
Ordering goods and services
All orders for goods and services must be made with a purchase order. Suppliers should be
asked to quote the purchase order number on invoices and submit them directly to accounts
payable. They should be created for the total value, including VAT, of the goods and services.
Where the total value is over £25,000 they should be created with the Procurement Division.
Purchase orders can be created by authorised individuals using iProcurement.
Who is covered by this policy?
This policy covers all employees.
Ownership, updates and query management
This is the FCA’s Personal Conduct Policy as at January 2016.
The policy is owned by the HR Division and has been developed in conjunction with the Staff
Consultative Committee.
The policy is not contractual and is subject to change at the discretion of the FCA – any
changes will be published on the intranet.
Any questions on the application of the policy should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
Contractual information in this policy forms part of your contract of employment.
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Prospective Parliamentary Candidates Policy
Summary of the Policy
Seeking approval
If you intend seeking selection as a Prospective Parliamentary Candidate (PPC), you should
first approach your line manager to seek written approval. Your line manager will inform the
HR Helpline and the Ethics Officer.
You should also inform your line manager as soon as you are selected as a PPC.
Sensitive issues
Following your selection, you should discuss with your manager whether there are any FCArelated issues on which, in your capacity as a PPC, it would either be inappropriate for you to
comment or you would be expected to follow an agreed line. The FCA reserves the right to
move you to other work if, in our opinion, there is a conflict of interest between your FCA and
your PPC work.
Time off for PPC commitments
You will not be granted additional time off for constituency work between elections. Time off
for constituency commitments should be taken from your normal holiday allowance.
You will be granted up to 20 days additional unpaid leave to fight an election campaign in
which you are a candidate for election (general, European Parliament or by-election). You must
record this absence as Unpaid Leave via Manage Absence Record via the HR System.
If you are elected
If you are elected, you will be expected to resign with effect from the day following the
announcement of the result.
If you are not elected
If you are not elected, you will be expected to return to work at the end of your agreed leave
of absence.
Partners and family members of PPCs
If you are the partner or a family member of a PPC, any time off required to help fight an
election campaign should be taken from your annual leave allowance.
Contractual Information (start)
Political activities and public debate
If you intend to seek selection as a PPC or Local Authority Councillor you should try to give at
least three months’ notice to your manager. Where we consider there to be a conflict of
interest between your current role and your proposed political involvement, which may be
prejudicial to our integrity, we reserve the right to move you to other work.
Special rules will apply if you are seeking selection as a PPC. You should discuss your
intentions with your Director/Head of Department, the HR Helpline and the Communications
Division.
Contractual Information (end)
Who is covered by this policy?
This policy covers all employees.
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Ownership, updates and query management
This is the FCA’s Prospective Parliamentary Candidate Policy as at April 2009.
The policy is owned by the HR Division and has been developed in conjunction with the FCA’s
Staff Consultative Committee.
Any questions on the application of the policy should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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12. Security of FCA Assets, Information and
Data
Clear Desk Policy
The Clear Desk Policy serves as a basic reminder to staff to secure sensitive or valuable
material, whilst providing guidance on procedures that should be followed.
The procedural guidance contained within this document enhances/supports other FCA policies
covering records management, staff confidentiality agreements, employee information
security, Data Protection and Emergency Planning procedures.
The Clear Desk Policy will complement, not replace, other existing policies. The FCA Clear Desk
Policy relates to all material, whether personal or corporate, that is held within the premises of
the Financial Conduct Authority. The policy allocates responsibilities and provides procedural
advice to ensure that the aim is achieved.
It also identifies courses of action in relation to non-compliance and suspected security
breaches. The policy covers all premises in which the FCA operates.
Aim
The aim of the Clear Desk Policy is to ensure that FCA records and property are afforded the
appropriate level of physical protection in direct proportion to the impact on the business
activities and reputation.
Objectives
The objectives of the Clear Desk Policy are as follows:

To protect sensitive information from public disclosure - Not only information which has
been annotated with a FCA security classification, or is covered under the auspices of the
Data Protection Act 1998, but also information that could potentially embarrass or damage
the reputation of the FCA if publicly disclosed.

To prevent inappropriate access to sensitive information.

To protect business critical information from damage or loss as a result of fire, smoke,
water and explosion.

To protect information which, although not sensitive is essential to normal functionality –
Information such as reference material that can be replaced easily but with a time delay.

To protect information that would be difficult or could not be replaced.

To ensure that material is stored in a way that enhances Business Continuity Planning in
relation to post incident start up, clearance, salvage and reclamation.

To prevent loss or theft of personal property and FCA portable property such as laptops
and mobile phones.

To quantify the consequences of loss of information or FCA property resulting through
negligence of a member of staff or, as a result of deliberate acts of attempted theft of any
material held within the confines of FCA.
Responsibilities
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
Executive - The Director of Finance & Operations has executive responsibility for the Clear
Desk Policy.

Compliance – Directors, Heads of Departments and Managers are responsible for
communicating standards and ensuring staff compliance within their areas of
responsibility.

Compliance Audit – Corporate Protection & Resilience are responsible for monitoring and
reporting non-compliance to HR.

Disciplinary process – line managers are responsible for ensuring that any breaches of this
policy are investigated and appropriate action is taken. The HR Division maintains the
disciplinary policy and process, providing support to line managers where necessary.

Monitoring and escalation – the Operational Security Group (OSG) is responsible for
monitoring management information relating to clear desk breaches, and taking action to
address trends and individual cases which fall outside of their risk appetite.
Desk Top Storage
Material that is permanently stored on desk tops should be documents that are easily
replaceable, contain non sensitive information that is already within the public domain, will
have little or no impact if damaged or lost and could be disposed of as rubbish post any
incident involving smoke, fire, flood or explosion.
The volume of this material should be kept to a minimum by ensuring that there is no
excessive duplication of reference materials by colleagues working in adjacent desk spaces and
fulfilling similar roles. This will ensure that post incident action will involve a small clearance
operation rather than salvage and reclamation which would extend the time for return to
business as usual.
Minimising desk top storage will also reduce the likelihood of classified/sensitive material
becoming mixed up with the reference material and inadvertently being left insecure.
During working hours and after close of business, all classified/sensitive documents and
materials should not be left unattended in a way that makes it easy for unauthorised persons
to read or take copies.
All meeting rooms must be cleared of confidential information and valuable assets when
leaving. These items must not be left insecure at any time.
While staff are temporarily away from their desk, their computer screens should be locked with
the CTRL/ALT/DELETE keys.
Clear Desk Guidelines for a RightSpace Environment
We want to ensure that all FCA premises are maintained in a clean and tidy state. The
responsibility for making this happen rests with all of us. The purpose of having tidy desks is
not simply to give the cleaners a chance to do their job, but also:

To protect confidentiality and reduce our exposure to risk

To reflect the fact that most desks are shared resources

To improve the security and safety of your personal belongings

To help make the office a more pleasant working environment
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Here is what you should do to help keep the office effective 
Remove all belongings, files etc. from your desk once your desk booking ends.

Tidy your desk and the area around your desk (floor, cupboard tops etc.) every day.

Leave desks as you find them. Please don’t remove cables, keyboards, mice.

If you have booked a desk for consecutive days, you may leave your non-valuable
belongings on the desk overnight, though you should store files and paperwork in the
relevant storage cupboards. You are responsible for ensuring that documents, equipment
and other material are properly protected in accordance with the FCA Security, Records
Management, Employee Information Security and Clear Desk policies.

Staff who have been allocated releasable desks still need to keep the desk tidy so that
others can use it comfortably.

When these desks are not being used they must be cleared and made available for use on
the Desk Booking system.

The basic principle that we ask you to keep in mind is to leave desks and meeting rooms
and other areas of the floor as you would wish to find them.
Procedures
During working hours:

Every effort should be made to ensure that staff with similar roles, who share the same
referencing documents and work in close proximity to one another share their referencing
documents and materials, rather than duplicating them for individual use.

Access to sensitive documents should be restricted to those who require the information to
carry out their normal work.

All classified or sensitive working papers and files are to be put away when the member of
staff leaves his/her work area, unless a colleague with appropriate access rights who is
located within the same team area is going to remain in situ for the duration of the
absence.

Sensitive material or post is not to be left on the desk of a colleague who is away from
his/her desk.

Sensitive material should not be left unattended on photocopiers or faxes.
At the close of business each day:

Individuals are to ensure that they remove all working papers from desk tops.

All sensitive documents and materials (as defined in the Records Management and
Employee Information Security policies) are to be locked away in the cabinets provided.

Crates provided during office moves are not to be used for continued document storage.
At the earliest opportunity they should be unpacked and returned to Ops Services Property & Workplace.

if you are away on the first day of the office move and your crate will remain unopened
until you return to the office, then your laptop should either: be taken home with you and
kept securely until your return to the office, handed over to a colleague for manager for
safekeeping, handed in temporarily at the Security Control Room.
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
Post should not be left at floor mail distribution points after the final collection of the day
(4.30pm).

Staff are to ensure that their lockers and cabinets are locked and that all of the relevant
keys have been placed in the key safe before leaving work.

Individuals should confirm that all material for which they are responsible have been
removed from the printer and fax and properly secured

The last person leaving the area should visually check the area to ensure that valuable
property, sensitive documents and portable electronic equipment have not been left
unsecured. They should also check that cabinets are locked and keys placed in the key
press, and that the press itself is locked.
Security of FCA and Personal Property
FCA property, such as laptops, palm tops and mobile phones in the possession of staff are to
be secured after close of business or taken home when appropriate. For key lockable cabinets,
the key is to be secured in a key safe and not taken home. Staff are also responsible for
ensuring the security of personal items of monetary or sentimental value - care should be
taken to ensure these items are adequately protected.
Procedures

At the close of business, laptops must be locked inside a laptop safe, personal locker or
taken home. Palm pilots, Blackberries and mobile phones if not taken home are to be
stored as above.

Personal items of small monetary or sentimental value should be stored in individual
lockers. It is also advisable to lock away expensive clothing and trainers after close of
business.
Personal lockers
Personal lockers are allocated to staff. You must not use the default code 2244 as your
personal code. You must immediately reset to a personal code known only by you.
You are responsible for reporting all locker related problems once they occur to: Facilities
Helpdesk on ext. 69696 for 25TNC; Security Reception for 1 Canada Square on ext. 66066.
You are responsible for securing all FCA assets and papers in your possession. Under no
circumstances should you leave information or your laptop in an unlocked locker. Therefore,
please seek alternative accommodation until your locker is repaired.
Document disposal
All FCA classified documents including those labelled “FCA Restricted” must also be disposed of
in a confidential waste bin. This also applies to any document containing business information
which we wish to remain private such as budgets and invoices information and anything
containing personal information about individuals (e.g. names and addresses, NI numbers,
dates of birth).
Please see guidance on destruction of paper records for disposing of government material.
Key security
Keys to cabinets containing working, sensitive or classified information should be locked in a
key safe when not in use. Under no circumstances should keys be ‘hidden’ on a desk where a
rudimentary search would identify them.
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Procedures

The combination to the key safe should be changed regularly (assistance should be sought
from Facilities Helpdesk on extension 69696).

A record of the combination should be held in a sealed envelope in a locker of a member
of the team. The date of the combination change and the location of the key safe should
be annotated on the envelope, together with the name of the person responsible for the
key box. If the key safe combination is forgotten and the ‘owner’ of the locker is away, the
line manager may ask Security to open the locker containing the sealed combination.

Other written records of the combination should not be made.
Compliance audits
Regular audits are carried out by the Corporate Protection & Resilience Team to ascertain the
standard of compliance with this policy.
Procedures

The audit will be conducted without prior notification after close of business.

The reason for the audit and the results will be detailed in a report to the appropriate
Divisional Director.

The audit may be supported by a briefing, to all staff involved, on the outcome of the
audit and remedial/future measures that are required.

Subsequent audits will be conducted to establish whether compliance has improved.

Breaches of the Clear Desk Policy may result in disciplinary proceedings.

Additionally, Security personnel undertake nightly clear desk sweeps and potential
breaches are reported to the appropriate line manager for investigation (as described
within the ‘Responsibilities’ section of the policy).
Loss/Compromise investigations
Suspected loss or compromise of FCA material is to be reported to the following:

Line management.

Corporate Protection & Resilience Department.

The IS Security Manager, in the case of loss or compromise of information contained on
computer systems including laptops and palm tops.

The Deputy Security Officer in the case of loss or compromise of government classified
material.

The Data Protection Officer in the case of information protected under the auspices of the
Data Protection Act.
Suspected loss of personal property should be reported to Security on extension 63838.
Procedures
FCA materials
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
The initial information surrounding the suspected loss/compromise is to be reported to
Line Management, IS Helpdesk and Corporate Security who should notify the appropriate
persons detailed above in order that further investigation can be carried out.

An investigation will be initiated to establish the likely cause of the loss/compromise. If
the incident is found to be as a result of deliberate non-compliance with this policy, or if
an individual has been implicated in the theft, the individual concerned may be subject to
transfer from post, disciplinary action or criminal proceedings. The action to be taken will
be decided in consultation with Line Management, HR and Corporate Protection &
Resilience Department.
Personal property

A Security Officer will take the initial information surrounding the loss. Security will also
speak to the individual and take further information as deemed necessary and provide
remedial advice.

Further investigation into a loss of FCA property/personal items will take place at the
discretion of Corporate Protection & Resilience Department.
Ownership, updates and query management
This is the FCA’s Clear Desk Policy as at October 2013.
This policy is owned by Corporate Protection & Resilience.
Any questions on the application of the policy should be directed to the HR Helpline on
extension 67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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Employee Information Security Manual
The two most important assets we have are our people, and the information they use. Secure
use of information and of information systems is essential if the interests of the FCA, the firms
it regulates, consumers and the Government are to be met.
There are risks associated with careless or excessive use of information and systems. This
policy sets out the principles, policies and procedures that the FCA has determined are
required to protect its information and information systems from such risks.
Where something is not specifically covered in this policy, employees are encouraged to seek
clarification from their line manager.
Principles
What you can expect from the FCA

We provide information systems and services to our employees and place a high priority
on the security of these systems and services. We therefore operate a number of security
controls which protect these systems and services, and the information they contain, from
attack. Wherever possible, these controls will operate in an automated way that is resilient
against user errors.

Information systems are primarily provided for business use. We do allow reasonable
personal use of the facilities provided, so long as it is not excessive, does not interfere
with individuals meeting their agreed business objectives and incurs minimal cost for the
FCA.

We may monitor use of our information systems, and individuals should bear this in mind
when using FCA systems to process sensitive personal information (see the section on
Monitoring).

We own all information stored and processed within our systems. As part of the Freedom
of Information Act or for other reasons, we may be obliged to disclose information about
the work of our employees or aspects of their employment conditions (e.g. the divisions
that managers work in and regulatory work that they have been involved in). Employees
are encouraged to speak to their line manager if they have any particular concerns about
potential disclosures. We will approach individuals who have registered their concerns in
such cases and, wherever possible, seek their agreement.

We will take reasonable steps to ensure that employees understand their responsibilities
and obligations under this policy and, where necessary, have the training necessary to be
able to comply.

We will investigate all suspected breaches of this policy quickly and consistently, and will
treat everyone fairly.
What the FCA expects of you

You must follow this policy, and other policies and guidance provided to you, at all times.
We expect you to understand your responsibilities and obligations under this and other
policies, and to contribute to the security of the FCA.

If you need (or are asked) to do something which requires you to breach this policy, then
you must seek guidance from your line manager (or a more senior manager) before taking
any further action.
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
We expects you to take all reasonable steps to protect, at all times, sensitive information,
and valuable IT equipment (such as laptops, and other mobile devices and BlackBerry
handhelds) from loss or theft.

You must report any actual or suspected breaches of security to either your line manager,
or FCA Security Control, as soon as you can. Loss or theft of IT equipment must be
reported to the IS Service Desk as soon as you can.

We expect you to use the information and information systems and services to which you
have been given access in a reasonable and acceptable way at all times.

We may monitor use of our information systems – by making use of them, you agree to
this taking place and accept that any private information you process on or transmit via
our systems may also be monitored.
Line Managers’ responsibilities
Directors, HoDs and Managers are responsible for ensuring that:

Staff are aware of and comply with the security policies and standards that apply to their
duties;

Any additional local security arrangements necessary for the employees, offices,
information or systems under their management are developed, maintained,
communicated and enforced;

Staff have the training necessary to be able to comply with the security policies and
standards that apply to their duties;

Performance targets include, where appropriate, specific objectives that enhance the
security of the FCA;

All staff are aware of the consequences of breaching the policy;

Concerns about possible excessive or inappropriate use of information, or information
systems and services, are raised informally with the employee in the first instance;

Potential policy breaches are investigated promptly, and dealt with under the FCA’s
Disciplinary Procedure where policies or standards have been violated without prior
authorisation.
Monitoring of FCA Information Systems
General
We may monitor use of any of our information systems as required by law, or for other
regulatory or business purposes. Information gathered through monitoring may be used, but
is not limited to, measurement and enforcement of the requirements detailed within this
Manual and other FCA policies. Breaches of the requirements defined in this Manual, will be
dealt with in line with the FCA’s Disciplinary Procedure.
Email
Monitoring of emails is conducted in adherence to the guidelines set out by the Information
Commissioner’s Office.
All email sent from FCA accounts to external (including Internet) accounts are automatically
monitored for sensitive business information. Where there is reasonable justification to do so,
your internal email may be monitored.
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You are advised that emails may be reviewed by a member of HR of the Technology Security
Team. You should bear this in mind if sending or receiving sensitive personal information.
To maintain the integrity of the SCC relationship, we will endeavour to avoid accessing the
content of emails containing SCC in the title.
Web
Technical controls are in place to prevent access to appropriate websites. However, you are
reminded that all web access is logged and may be reviewed where there is reasonable
justification to do so.
Telephones
Most telephone calls are not recorded. However, some extensions are logged for regulatory
and quality assurance purposes or where there is reasonable justification to do so, so you
should bear this in mind when making or receiving personal calls.
Information Classification, Marking and Handling
Information is a critical asset for the FCA, given the important role we fulfil. Secure use of
information, whether created or received by us, is therefore essential if the interests of the
organisation, the firms we regulate, consumers, our legal obligations and the Government are
to be met. Given that we are a ‘knowledge sharing’ organisation, with access to information
only being restricted where absolutely necessary, our number one control over information is
our people.
Everyone (including contractors) operating within the FCA is in a privileged position, potentially
having access to a great deal of sensitive information. Everyone therefore has a duty to ensure
that information is appropriately protected. You should only access the information that you
need to do your job; you should not seek out information that you do not need.
There are risks associated with the careless or excessive use or release of information, which
could result in disciplinary action, civil liability or criminal liability. This policy describes how
information should be classified, and then a security ‘marking’ applied, in order that it can be
handled securely by recipients.
Where something is not specifically covered by this policy, you are encouraged to seek
clarification from your line manager.
FCA Classifications
We have determined that most of the information we hold falls into one of the categories
indicated in the following table:
Classification
Unrestricted
Description
Unauthorised disclosure of this type of information would have little or no
impact on the organisation, the Government, firms or others.
This includes all information which is already in the public domain and
FCA information which is not sensitive (eg team meeting agendas).
Unauthorised disclosure of this type of information could cause
reputational harm to the FCA, a firm or others, but would not cause longterm damage.
FCA Restricted
‘FCA Restricted’ information is open to everyone internally and to other
contracted parties.
However, depending on the type of information, it may be appropriate to
restrict access or apply other controls. For example this may be
appropriate for personal or sensitive information about our people 2.
2
Please contact your local Records Management champion to help decide if any additional controls need be applied
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Classification
Description
Unauthorised disclosure of this type of information could cause significant
and potentially long-term damage to the organisation or to a firm.
Controlled
Distribution
Information in this category includes most information considered to be
market sensitive or ‘inside information’3.
Access to information in this category will be restricted to those having a
‘need to know’ and in some instances this may be a small group or a
large group from multiple divisions.
Highly
Sensitive
Information
(HSI)
Unauthorised disclosure of this type of information would severely affect
the operation of a market; or would cause a major shift in market price
for a high profile firm or group of firms.
Access to information in this category will be strictly restricted to a small
group with a demonstrable ‘need to know’.
HoDs or above will approve classification as HSI and also the names of
people who need to see it.
Marking procedure
It is essential that you identify the nature of the information and then apply the appropriate
marking. You must consider carefully whether the information you are creating or handling is
market sensitive, operationally sensitive or personally sensitive. Examples are given in this
policy and further guidance is available locally.
If you create new information, you must identify whether it is sensitive and add the
corresponding security marking, ie Unrestricted, FCA Restricted, Controlled Distribution or
Highly Sensitive Information. This includes adapting existing documents and templates,
whether they have been previously marked or not. The marking must be clear in the header,
footer or email content.
If you receive information from another organisation and are responsible for its onward
distribution, you must classify and add the corresponding FCA security marking. If it is not
possible or practical to mark the information, it must be handled although it had been
classified appropriately. It may also be necessary to explain any controls to recipients as there
is no marking.
If you receive information that does have a marking but the requirements for handling it have
not been communicated by the external party, then contact the sender to determine their
handling requirements and then apply the appropriate FCA marking.
If you receive information bearing a UK Government Protective Marking, then you must handle
it in accordance with the Policy on Government Protectively Marked (Classified) Information.
If you receive information bearing a Bank of England Marking, you must handle it in
accordance with the ‘Other classification and marking schemes’ document. If necessary,
contact the sender to determine their handling requirements.
Individual Divisions may require you to apply additional markings or more stringent controls.
Some Divisions may require you to use ‘handling descriptors’ that more specifically classify
information. This will be made clear in local policies, guidance and training.
3
Inside information is set out in legislation and more detail can be found in the Inside Information Guidance note on the intranet.
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If you identify any information as FCA Highly Sensitive Information (HSI) then you must
immediately inform your HoD or Director.
Data protection
If any of the information you handle contains personal data (e.g. name, salary,
performance/sickness data etc.) you must also consider the additional requirements detailed in
the FCA’s Data Protection policy. Please refer to the ‘Employee Data Protection Guide’.
Classification, marking and control summary
The table below summarises the markings and provides examples of information that may fall
into each classification. The table also sets out the core controls are required when handling
information. Further detail on controls related to handling, distribution and disposal can be
found in following sections.
Classification
Description
Examples
Core Controls
FCA Highly
Sensitive
Information
(HSI)
Unauthorised
disclosure of this
type of information
would severely
affect the operation
of a market; or
would cause a
major shift in
market price for a
high profile firm or
group of firms.
Information about
imminent firm failures
HoD authorised and owned
High profile staff
appointments for large
firms
Incidents require escalation
to ExCo member
Merger or acquisition
information for a high
profile firm
Enforcement actions
with very high profile
Outcomes of market
studies or thematic
reviews likely to result
in significant redress
schemes for high
profile firms
Mandatory insider list
External email - Encryption
required (exceptions may be
necessary)4
External post - Secure
courier
Internal post - Double
envelope, named recipient
Network storage – Insider
list only
USB / removable media Encryption required
Personal IT equipment /
email - Not permitted
Paper storage – Key locked
cabinet
Paper disposal - secure
shredder
FCA Controlled
Distribution
Unauthorised
disclosure of this
type of information
could cause
significant and
potentially longterm damage to the
organisation or to a
firm.
Enforcement actions
with a significant
reputational impact or
a large penalty that
will impact on the
profits or resources of
the company
Firm evaluation
reports
Firm business plans
Announcement or
4
External email - Encryption
required (exceptions may be
necessary)
External post - Secure
courier
Internal post - Double
envelope
Network storage - Restricted
access folder
USB / removable media Encryption required
For information and advice on encryption, contact IS Security Enquiries.
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FCA Restricted
Unauthorised
disclosure of this
type of information
could cause
reputational harm
to the FCA, a firm
or others, but would
not cause long-term
damage.
outcomes of market
studies or thematic
reviews likely to affect
the profitability of a
business
Personal IT equipment /
email - Not permitted
Enforcement actions
not expected to have a
significant reputational
impact on a listed
company, or to affect
the company’s
resources or
profitability
Personal IT equipment /
email - Professional
judgement / local guidance
Project documentation
Paper storage - Clear Desk
Policy
Personal information,
including contact
information
Paper storage - Locked
cabinet
Paper disposal - secure
shredder
Network storage Professional judgement /
local guidance
USB / removable media Encryption required
Paper disposal - Confidential
bin
Market monitoring
transaction reports
Commercial FCA
information
Standards and
operating procedures
Unrestricted
Unauthorised
disclosure of this
type of information
would have little or
no impact on the
organisation, the
Government, firms
or others.
Published papers
Published corporate
documents, eg Annual
Report and Accounts
Paper storage - Clear Desk
Policy
Team meeting agenda
Published regulatory
principles or policies
Detailed handling controls
This section provides more detail on the controls that are expected to be applied when
handling information.
Creation
Documents must be marked when they are created or changed in accordance with the Marking
Procedure. For Highly Sensitive Information, the following controls also apply:

The initial classification of HSI must be authorised by a HoD or above.

Where appropriate, code names should replace individual and firm names.

The HoD is responsible for defining the associated named insider list.

The HoD is responsible for maintaining the associated named insider list.

The HoD is responsible for the HSI throughout its lifecycle from creation to destruction.
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Secure working
See section below on ‘Use of FCA Information Services’. However, please note the following:

HSI and Controlled Distribution information must not be worked on in public places where
staff are overlooked; this includes paper, laptop, Blackberry, iPad and Outlook Web Access
use.

HSI and Controlled Distribution information must not be discussed in public places where
staff may be overheard; this includes the corridors on the 1st floor, building lifts, trains
and taxis.
Incident management
Any external unauthorised disclosure (suspected or confirmed) of Controlled Distribution or
Restricted information must be escalated to management as quickly as possible. However,
please note:

Any external unauthorised disclosure of HSI, suspected or confirmed, must be
immediately reported to an ExCo member.

Where appropriate, external unauthorised disclosures of HSI information must be handled
in a leak inquiry in accordance with advice from the security teams and the investigations
policy.
Storage
Each storage method must be appropriate to the information being stored. We must ensure
that information we store internally is only accessible by those entitled to access it. We must
also ensure that information stored on portable devices and media is protected. This helps
ensure that if a device or media item is lost we can be confident that an unauthorised person
cannot read it.

Paper - you must at all times comply with the FCA’s Clear Desk Policy.
Highly
Sensitive
Information
HSI papers must only be shared with those on the insider list.
Where appropriate, HSI must not be removed from FCA premises without
authorisation from the responsible HoD or designated PA.
HSI must be stored in key locked cabinets.
HSI must not be left unattended on desks.
HSI must not be left on printers and secure printing collection must be used.
Controlled
Distribution
Information marked Controlled Distribution must be securely locked away when
not in use. Documents must be locked in a security container or in a locker (i.e.
a Right Space locker).
If it is necessary to take paper documents home, Controlled Distribution
information must be stored out of sight (e.g. away from plain view of windows)
when not in use, and secured (e.g. a locked cabinet or briefcase).
FCA Restricted
If it is necessary to take paper documents home, FCA Restricted information
must be stored out of sight (e.g. away from plain view of windows) when not in
use.
Depending on the type of information, it may be appropriate to restrict access
to a pre-specified distribution list, for example personal or staff sensitive
information.5
Unrestricted
5
There are no requirements for secure storage. However, the clear desk policy
applies.
Please contact your local Records Management champion to help decide if any additional controls need be applied.
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

Network storage
Highly
Sensitive
Information
HSI files must only be stored in Livelink folders with access restricted to those
on the insider list.
Controlled
Distribution
Information marked Controlled Distribution must be placed in folders which
restrict access to those who have a need-to-know.
FCA
Restricted
Information marked FCA Restricted may be placed in unrestricted folders.
Unrestricted
Information marked Unrestricted can be placed in unrestricted folders on the
network.
HSI stored in applications must be restricted to those on the insider list, where
this functionality exists. Where the functionality does not exist it may be
appropriate to remove the information from the application or to use code
names.
However, depending on the type of information, it may be appropriate to
restrict access to a distribution list, for example personal or staff sensitive
information.6
Removable media - removable media includes USB memory sticks, external hard disks,
SD cards, CDs and DVDs.
Highly
Sensitive
Information
HSI must not be copied to removable storage without authorisation from the
responsible HoD.
Controlled
Distribution
Information marked Controlled Distribution must only be copied to removable
media if the files are encrypted. This is designed to ensure that if the media are
lost or stolen, the information on them cannot be read.
Removable storage holding HSI must be encrypted in accordance with guidance
from IS Information Security.
Staff who have a business need to write to removable media must use
approved encrypted devices or encryption software.7

FCA Restricted
As for Controlled Distribution, above.
Unrestricted
Information marked Unrestricted can be copied unencrypted to removable
media.
Personal equipment - the table provides guidance when working on non-FCA equipment
such as personal PCs or mobile phones outside the office.
Highly
Sensitive
Information
HSI must not be stored on personal equipment, such as home PCs.
HSI may be viewed on personal equipment using FCA approved methods, such
as Outlook Web Access.
HSI may be stored on personal devices that are subject to FCA control, such as
iPads.
6
7
Please contact your local Records Management champion to help decide if any additional controls need be applied.
For information and advice on encryption, contact IS Security Enquiries.
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Controlled
Distribution
Information marked Controlled Distribution must not be worked on or stored on
non-FCA equipment such as home PCs.
Controlled Distribution may be viewed on personal equipment using FCA
approved methods, such as Outlook Web Access.
Controlled Distribution may be stored on personal devices that are subject to
FCA control, such as iPads.
FCA Restricted
Information marked FCA Restricted can be worked on or stored on non-FCA
equipment such as home PCs, only when essential. FCA laptops are provided as
the primary means of working at home and in the office.
However, depending on the type of information, it may not be appropriate to
use personal equipment, for example personal or staff sensitive information. 8
Unrestricted
Information marked Unrestricted can be worked on or stored on non-FCA
equipment such as home PCs.
Distribution
The primary ways we distribute information are by email, post, courier and fax. Each of these
is potentially open to misdirection or interception and appropriate controls must be in place.
When distributing HSI information, the sender must ensure that the recipient understands that
the information must not be distributed further without explicit permission.
When disclosing information that may be market sensitive, ensure that you refer to the Inside
Information guidance note published on the Intranet, which provides further details on the
disclosure process.

Email - the text within the body of the email (but not the subject line) must indicate the
marking to the recipient(s).
Highly
Sensitive
Information
Where possible, HSI email sent inside the organisation must use Livelink links
rather than attachments.
HSI email sent outside the organisation must normally be encrypted.
Unencrypted HSI must not be sent without authorisation from the responsible
HoD and only where unavoidable, such as where Blackberry use is required.
HSI email must not be sent to personal email accounts – whether encrypted or
not. (The term ‘personal email address’ refers to accounts such as ‘home’ email
accounts used by FCA employees on a non-FCA PC. It does not refer to business
email accounts - e.g. a web-mail account used by an IFA).
Controlled
Distribution
Email sent by the FCA to external email addresses must be encrypted. Where
encryption9 is not possible, it may be possible to obscure sensitive information,
for example using code names or abbreviations.
Wherever possible, emails containing ‘Controlled Distribution’ information must
not be sent from a BlackBerry (or personal mobile devices, where staff have been
authorised to access FCA email and calendar functionality) to external email
addresses (as they cannot be encrypted).
Controlled Distribution information must not be sent to personal email addresses
– whether encrypted or not.
8
9
Please contact your local Records Management champion to help decide if any additional controls need be applied.
For information and advice on encryption, contact IS Security Enquiries.
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FCA Restricted
When the information is classified FCA Restricted, it is important to check that
the intended recipients are within the group of people authorised to view the
material.
Unrestricted
There are no requirements for emailing unrestricted information either internally
or externally.

Fax
Highly
Sensitive
Information
HSI must not be sent by fax without authorisation from the responsible HoD and
only where unavoidable.
Controlled
Distribution
Documents should not be sent by fax unless there is a business requirement to
do so and no secure alternative (such as scanning and emailing the scanned
document) exists.10
If there is no alternative, the sender must ensure that the correct fax number is
being used and that the recipient is present to take immediate possession of the
fax upon receipt.
FCA Restricted
As for Controlled Distribution, above.
Unrestricted
There are no requirements for faxing unrestricted information either internally or
externally.

Posting Documents
Highly
Sensitive
Information
External post
When sending Highly Sensitive Information externally, the sender must instruct
the post room to send the information by secure courier.
Internal post
When sending Highly Sensitive Information internally, this must be hand
delivered to an individual on the insider list or double-enveloped and handed to
a suitable delegate, for example a PA.
Controlled
Distribution
External post
When sending Controlled Distribution information externally, the sender must
instruct the post room to send the information by secure courier.
Internal post
When sending Controlled Distribution information internally, this must be hand
delivered or double-enveloped.
FCA Restricted
External post
Depending on the type of information, it may be appropriate to use courier
services when sending information externally, for example personal or staff
sensitive information.11
Internal post
Depending on the type of information, it may be appropriate to use double
envelopes or hand delivery.
Unrestricted
10
11
There are no requirements for posting Unrestricted information either internally
This requirement does not apply to the automated transmission of faxes using the RightFax service.
Please contact your local Records Management champion to help decide if any additional controls need be applied.
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204
or externally. Standard mail services may be used.

Posting Removable Media
Removable media includes USB memory sticks, external hard disks, SD cards, CDs and
DVDs.
Highly
Sensitive
Information
HSI must not be copied to removable storage without authorisation from the
responsible HoD.
Controlled
Distribution
When sending Controlled Distribution information externally, the media must be
encrypted as described in the Storage section. The password should be
transmitted by other means such as email or telephone.
Removable storage holding HSI must be encrypted in accordance with guidance
from IS Information Security.
If media cannot be encrypted, then the secure courier service must be used.
FCA Restricted
As for Controlled Distribution, above.
Unrestricted
There are no requirements for posting Unrestricted information stored on
removable media either internally or externally. Standard mail services may be
used.
Disposal
We must ensure that sensitive information is disposed of securely.

Paper
Highly
Sensitive
Information
If the document contains Highly Sensitive Information, then it must be disposed
of using the shredders provided on each floor.
Controlled
Distribution
As for HSI, above.
FCA Restricted
FCA Restricted information must be disposed of in the confidential waste bins
provided on each floor.
Unrestricted
There are no disposal requirements for Unrestricted information.
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
Removable media - includes USB memory sticks, external hard disks, SD cards, CDs and
DVDs.
Highly
Sensitive
Information
CDs and DVDs
CDs and DVDs containing highly Sensitive Information must be disposed of in
the confidential media disposal bin located in Security Control room on the
ground floor of 25TNC.
Other media
Encrypted data can be deleted normally. Unencrypted data requires secure
deletion.12
Controlled
Distribution
As for HSI, above.
FCA Restricted
As for HSI, above.
Unrestricted
There are no disposal requirements for Unrestricted information.

Personal equipment -the table provides guidance when working on non-FCA equipment
such as personal PCs or mobile phones outside the office.
Highly
Sensitive
Information
Highly Sensitive Information must not be worked on or stored on non-FCA
equipment such as home PCs, as described in Storage – Personal equipment
above.
Controlled
Distribution
As for HSI, above.
FCA Restricted
Staff must delete the information from the non-FCA PCs when no longer
required.
Unrestricted
There are no disposal requirements for Unrestricted information.
Declassification
It is not necessary to declassify or amend classifications on archived material. Information that
is in use must be classified in accordance with its sensitivity. However, given the controls
required by HSI, it may be necessary to declassify information.
Where this is required, the responsible HoD (or relevant replacement if the HoD has left) must
authorise.
12
For information and advice on secure deletion, contact IS Security Enquiries.
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Use of FCA information services
Use of email

Emails that you create, send, receive and store are owned by and may be monitored by
the FCA.

You must not send emails which contain inappropriate content; this includes but is not
limited to, obscene, racist, sexist, defamatory or discriminatory material, which cause
harassment or offence, or which contain malicious gossip or advocates any illegal activity.
If you do send such material then this will be treated as misconduct and dealt with under
the FCA’s Disciplinary Procedure.

If you unwittingly receive material which is inappropriate you should report this to your
line manager and delete the material. If you know the sender personally you should
contact them and ask them not to send further inappropriate material.

If our anti-virus software alerts you that you have received an infected email, you must
contact the IS Service Desk immediately. You must not delete, forward or otherwise
process the email until the Service Desk has advised you that it is safe to do so.

You must not “auto-forward” your FCA emails to an external email address.

Access to personal Internet email accounts (such as Hotmail) is not permitted
(as the FCA is not able to monitor such access).

We accept that from time to time it may be necessary to send a personal email from your
FCA account. You must ensure that the email does not contain sensitive information, and
that its content cannot be confused with an official FCA business communication.

From time to time we may monitor the use of email and this may be required by law in
some circumstances. To maintain the integrity of the SCC relationship, if any emails are
monitored which contain ‘SCC’ in the title, every effort will be made to avoid accessing the
content.
Use of the Internet

Internet facilities are provided for business purposes – however, you are allowed to make
reasonable personal use of these facilities.

You must not deliberately access web sites containing material of an offensive,
pornographic or violent nature, or gambling, gaming or betting sites. If you deliberately
access such sites then this will be treated as misconduct and dealt with under the FCA’s
Disciplinary Procedure.

You must not download software (including screensavers) as these may contain embedded
viruses or other malicious code which could damage FCA systems.
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Use of collaboration services
This includes the use of services such as Salesforce Chatter.
Messages and content that you create, send, receive and store are owned by and may be
monitored by the FCA.
You must not send messages which contain inappropriate content; this includes but is not
limited to, obscene, racist, sexist, defamatory or discriminatory material, which cause
harassment or offence, or which contain malicious gossip or advocates any illegal activity. If
you do send such material then this will be treated as misconduct and dealt with under the
FCA’s Disciplinary Procedure.
If you unwittingly receive material which is inappropriate you should report this to your line
manager and delete the material. If you know the sender personally you should contact them
and ask them not to send further inappropriate material.
Messages must not include attached documents.
Collaboration services are not connected to the Internet. Collaboration content that needs to
be sent outside the organisation, for example via email, must be handled in accordance with
the Information Classification policy.
From time to time the FCA may monitor the use of collaboration services and this may be
required by law in some circumstances.
You must follow local policies to ensure that personally identifiable consumer information is
shared only with an appropriate, limited audience.
The FCA is subject to the Data Protection Act 1998 and Freedom of Information Act 2000, both
of which provide rights of access to information held on the FCA’s systems. You should be
mindful of this when using collaboration services (and in all written communications), as all
information captured is potentially disclosable under these pieces of legislation.
Use of Social Media
Social media covers platforms such as Facebook, Twitter, LinkedIn, Google+, all blogs, all
forums and comments to online articles either on a publication’s website or other sites as they
develop.
You must contact the director’s office in the communications division if you want to use social
media in a professional capacity on behalf of the FCA. For example, if you wish to tweet
already publically available information about the FCA, you would need to disclose your Twitter
account to communications and gain approval. You may, on occasion, be asked to represent
the FCA in a social media environment and this will be discussed with you and your manager,
led by the communications division.
You can make reasonable use of social media sites in a personal capacity – but you are
responsible for the content you publish in your name and it must not bring the FCA into
disrepute.
Contact the press office and your manager if you are contacted by the media about a comment
or post you made on social media that relates to the FCA. Do not engage in a further
discussion with a journalist without press office permission
Contact the editorial & digital team in the communications division if you are approached via
social media to comment on FCA business in an official capacity, such as via personal message
on LinkedIn or Twitter. Stakeholders wanting official comment or reply from staff members in
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a professional capacity must contact them through official FCA channels, ie. work email
address, formal letter or via the communications division.
Contact your manager if you are offered payment to produce a blog or other article for a third
party which could lead to a conflict of interest.
You must not reveal confidential information about the FCA and its work, or information that
relates to a regulated firm. An incorrect disclosure of information could lead to claims against
the FCA under FSMA or the DPA. As per the information classification policy, staff cannot tweet
about anything considered to be FCA Restricted, Controlled Distribution or HSI.
You must not engage in public debate on any issue that relates to the FCA without prior
authorisation from the press office and your manager.
You must not criticise the FCA or your colleagues, even if you do not state that you work for
the FCA, or do anything that brings the FCA into disrepute.
In your social profiles, you must make it clear that you are expressing a personal view.
Example text of sentiment staff should look to incorporate in profiles: “The views expressed on
this site are mine alone and do not reflect the views of my employer”. You should be aware of
your duty as an employee, and as associated with your contract of employment, to act in good
faith and in the best interests of your employer.
You must not bring the FCA into disrepute through the information, comments and other
material you disclose. For example, avoid posting abusive, derogatory or offensive comments,
and carefully consider whether it is appropriate to express your political views.
Excluding LinkedIn, which can be used in a professional capacity, you must not include ‘FCA’ in
any form in your social media profile name or title (unless given permission by
communications). However, staff are allowed to list FCA under the “Work and Education”
section of their personal Facebook profile. However, no additional comments should be made
regarding employment at the FCA, as per the above.
A breach of this policy, if found guilty, may lead to disciplinary action up to and including
dismissal from the FCA in line with the Disciplinary Procedure.
Computers

You must lock your computer screen (press Ctrl+Alt+Del keys or the Windows key+L and
then select Lock Computer) when you leave your computer unattended, and log off your
computer before you leave for the day.

If you are not taking it with you, you must ensure that your laptop is locked away before
you leave for the day.

You must not attempt to access a computer unless you have been authorised to do so.
Gaining unauthorised access to a computer by any means, or removing or tampering with
any IT equipment, software or electronically-held information, will be treated as
misconduct and dealt with under the FCA’s Disciplinary Procedure.

You must not tell someone else (including IS Service Desk personnel) your computer login
password without a clear business reason and authorisation
to do so.

You must not write down your computer login password
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
You must not enter your computer login password if someone else can see the keys you
are typing.

If you think your password has been compromised, then you must change it immediately.

You must not try to load software onto a FCA desktop, laptop of other systems,
or modify existing software (other than to change user-configurable options and
preferences). You must contact the IS Service Desk if you have a legitimate business need
for a copy of software listed in the IS Service Catalogue (which can be found on My FCA
Hub). If you need access to software not listed in the IS Service Catalogue, then you will
need to contact IS Relationship Management to discuss raising a Work Request for this.

You must not make illegal copies of software, as you will be personally liable for this and
may also put the FCA at risk of enforcement action.

You must not connect any unauthorised devices to the FCA’s network.
Mobile Devices
This includes Blackberrys, mobile phones and where authorised, personal devices used to
access FCA email and calendars.

You must take all reasonable steps to ensure that you do not lose your mobile device or
allow it to be stolen. Loss or theft of your mobile device, including any personal device
that contains FCA data, must be reported immediately to the IS Service Desk on 020 7066
3636.

If you use your mobile device in a public area (e.g. on the tube or train) then you must
take reasonable steps to ensure that others cannot read the emails you are reading or
writing.

You must try to avoid leaving your mobile device unattended while outside of the office. If
this is unavoidable, then you must either lock it manually or turn it off before you leave it.

You must not tell anyone else your mobile device password. If you believe that someone
knows your password, you must change it immediately.

You must not try to load software onto your FCA mobile device, or modify existing
software (other than to change user-configurable options and preferences).

You must follow the requirements in the ‘Use of email’ and ‘Use of the
Internet’ sections of this policy when using your mobile device for email or
Internet access respectively.

When using other features of your mobile device (including the camera) you must
not create, import, send or store material which is obscene, defamatory or discriminatory,
which could cause harassment or offence, or which contains malicious gossip or other
inappropriate material.

You must take reasonable precautions to avoid being overheard if you use your mobile
device or mobile phone to discuss FCA business while outside the office. Discussions on
mobile phones relating to Highly Sensitive Information or Controlled Distribution
information must not take place in public.

It a criminal offence to drive while using a hand-held mobile telephone (or mobile device).
We insist that you do not use either while driving on FCA business.
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Office Telephones

If you need to discuss sensitive information over the telephone, then this must take place
in a way that the information is unlikely to be overheard by someone outside the “needto-know” group.

If you are phoned and then asked to discuss sensitive information, you must make sure of
the caller’s identity and validity of their request. If you are unsure, then ask the caller for
their number, hang up, confirm the authenticity of the caller and their request with your
line manager or a colleague, and then call them back.

Telephones are provided for business purposes but you may make occasional and
reasonable personal use of them providing it does not interfere with the performance of
your duties and incurs minimal cost for the FCA. You should ensure that any personal
usage is not excessive, in terms of either number or length of calls made. A call logging
system is in operation and charges may
be made for excessive private calls.

You must not use your FCA phone to make a personal call overseas.

In certain departments of the FCA telephone calls are recorded or otherwise intercepted
for business related reasons. If this is a requirement in the department in which you work,
you will be informed by your line manager and you should ensure that you follow your
department’s rules on recording/interception.

If there is no recorded message to indicate to internal or external callers that calls made
from or to your telephone will be recorded, you must inform them that the call will be
recorded at the outset of the call. The only exception will be where in accordance with the
proper exercise of FCA’s investigatory powers you may conduct covert interception.
Guidance on this is issued locally.
Voice Mail
You must take care to ensure that the messages you record on the voice mail system do not
give away sensitive information.
Fax machines
You must not send sensitive documents by fax unless there is a business requirement to do so
and no secure alternative (such as scanning and emailing the scanned document) exists.
If you do have to send sensitive information by fax, you must ensure that the correct fax
number is being used and that the recipient is present to take immediate possession of the fax
upon receipt. (Note that this requirement does not apply to the automated transmission of
faxes using the RightFax solution.)
You may use the FCA’s fax machines to send urgent personal messages, providing such use is
occasional and reasonable, and that personal messages are not capable
of being confused with FCA business communications. Please note that all fax calls are logged.
Printers, scanners and photocopiers
If you print, scan or photocopy a sensitive document, you must ensure that you remove the
original from the machine once the operation is completed. If the original or copy becomes
jammed in the machine, then you must ensure that any sensitive material is removed.
If you need to print a sensitive document, then you should use either a local printer or the
‘secure print’ facility on a shared printer. If this is not possible or practical, then you must
ensure that you pick up the print out immediately.
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You must not scan or photocopy material where this would be a breach of copyright or other
legislation.
In the Office

You must at all times comply with the FCA’s Clear Desk Policy.

If you participate in a meeting, you must ensure that any sensitive documents (including
flipcharts) are removed from the meeting room, and that any sensitive information is
wiped from the whiteboard.

Sensitive information must not be displayed on walls overnight – if it is required to be
displayed during the working day then it must be removed and secured at the end of each
day.

If you are working late in the office, then please check your local print area for any
documents that have not been collected and place these in the Confidential Waste.
Security tokens (VPN)
You must take reasonable precautions to avoid losing any security tokens you
are given, or exposing them to theft. If they are lost or stolen then this must be reported
immediately to the IS Service Desk on 020 7066 3636 or Security Control on 020 7066 3838.
Secure remote working

If you are working outside the office with sensitive information then you must ensure that
you are not overlooked, and that you do not lose the information you have in your custody
or allow it to be stolen.

You must be especially cautious when discussing any sensitive information in public
places, and ensure you are not overheard.

FCA laptops are encrypted, but they are expensive to replace, so you must take all
reasonable precautions to avoid losing your laptop or having it stolen. If a laptop is lost or
stolen then this must be reported immediately to the IS Service Desk on 020 7066 3636
or Security Control on 020 7066 3838.
Monitoring and Review
Technology and the law change regularly and this policy will be updated periodically to reflect
any changes. Employees will be informed when any fundamental changes are made but should
be aware that it is everyone’s responsibility to read the latest version of FCA policies.
Who is covered by this policy?
This policy covers all FCA employees, including permanent staff, temporary staff including
contractors and agency temps. This policy also covers any third party employees while they
are working on FCA business. If a breach involves a third party, appropriate sanctions will be
taken against that third party.
Ownership, updates and query management
This is the FCA’s Information Security Policy as at August 2015.
The policy is owned by the IS Technology Security Manager and has been developed in
consultation with the FCA’s Staff Consultative Committee.
The procedure is not contractual and is subject to change at the discretion of the FCA – any
changes will be published on the intranet.
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Any questions on the application of the policy should be directed to the HR Helpline on
extension 67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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14.
Wellbeing
Smoking Policy
Principles
What you can expect from the FCA
This policy has been developed in line with the requirements of the Health Act 2006 to protect
the health of all employees, contractors, consultants and visitors to the FCA’s premises from
exposure to second-hand smoke.
We recognise that people have the right to work in a smoke-free environment under the new
Smoke-free Regulations and we will take all reasonable steps to achieve this.
We recognise that second-hand smoke adversely affects the health of people. We are not
concerned with whether anyone smokes, but where they smoke and the effect this has on our
staff and visitors.
The aim of the policy is to:

protect the health of anyone who comes to work on our behalf on our premises (including
employees, secondees, workers, contractors, and consultants);

protect the health of visitors to the FCA;

inform people of their responsibilities in relation to this policy; and

promote an improved working environment in conjunction with the
Rightspace Programme.
What the FCA expects from you
Employees should:

ensure they comply with this policy and do not smoke on the premises (including the
steps at the front and back of the building) or in any other areas on the Canary Wharf
estate where a ‘no smoking’ sign is displayed;

ensure their visitors to the FCA are made aware of the smoking policy on
arrival; and

report any employee, contractor, etc., who commits serious or persistent breaches of this
policy to their manager or the HR Division.
Scope
It is against the law to smoke in public spaces and workplaces that are enclosed or
substantially enclosed, i.e. with a ceiling or roof that (except for doors, windows and
passageways) are wholly enclosed or are enclosed but for an opening that is less than half the
workplace perimeter.
Smoking will not be permitted by any person in any part of the FCA’s premises, including the
entrances, lifts, corridors, stairwells, toilets, or in any FCA vehicles, e.g. those used by the
chauffeurs. The jurisdiction of 25 The North Colonnade (25TNC) ends at the bottom of the
steps at both the main and back entrances of the building. The law covers all substances that a
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person can smoke, including manufactured cigarettes, hand-rolled cigarettes, pipes, cigars,
herbal cigarettes and water pipes.
Internal procedure for non-compliance
Smoking on our premises is considered to be an act of misconduct. Any employee who does
not comply with this policy may be subject to disciplinary action in accordance with our
Disciplinary Procedure.
A record will be made and referred to the HR Helpline if any employee:

fails to comply with reasonable requests from security to extinguish smoking material or
move to a dedicated smoking zone on the Canary Wharf estate; or

commits serious or persistent breaches of this policy.
If a visitor does not comply with the smoking policy they should be asked to extinguish the
smoking material. If they continue to smoke they should be referred to the appropriate host or
to a member of the security if the host is not present.
Breaks
Smokers are allowed to have reasonable breaks provided these do not prevent them from
satisfactorily carrying out their responsibilities and work duties, and there is no significant loss
in productivity.
If you are in the Flexitime Scheme you should record total hours worked minus any breaks i.e.
smoking breaks, in line with the Flexitime policy.
Roles and responsibilities
Senior management of the FCA will be ultimately responsible for making sure that the law is
complied with on our premises, while the HR Division will be responsible for maintaining this
policy and ensuring its consistent approach across the FCA. However, we all have an obligation
to meet the new regulations.
Corporate Security will:

seek to ensure that all employees, secondees, workers, contractors, consultants and
visitors to the FCA’s premises comply with this policy;

ensure anyone they find smoking on the premises (which includes the steps at the front
and back of the building) is asked to extinguish their cigarette and reminded of our policy;
and

report any employee who commits serious or persistent breaches of this policy, or who
fails to comply with reasonable requests from security, to the HR Helpline.
Property and Workplace will:

ensure ‘no smoking’ signs are displayed around the building and in
chauffeurs’ vehicles;

seek to ensure that all employees, contractors, consultants and visitors to the FCA’s
premises comply with this policy; and

report any employee who commits serious or persistent breaches of this policy,
or who fails to comply with reasonable requests, to the HR Helpline.
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Managers will:

seek to ensure that their employees, contractors, consultants and visitors to our premises
(which includes the steps at the front and back of the building) comply with this policy;
and

ensure that any serious or persistent breaches of the policy by a member of their team
will be dealt with under the Disciplinary Procedure.
CWM and LBTH will:

ensure that the smoke-free regulations are implemented and enforced throughout the
Canary Wharf estate;

work with employers on the Canary Wharf estate to ensure the regulations are
implemented and enforced.
Who is covered by this policy?
This policy applies to all employees, secondees, workers, contractors, consultants and visitors
to our premises.
Ownership, updates and query management
This is the FCA’s Smoking Policy as at May 2011.
The policy is owned by the HR Division, Occupational Health, Health and Safety, Property and
Workplace, Corporate Security, and has been developed in conjunction with the Staff
Consultative Committee.
Any questions on the application of the policy should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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Stress Wellbeing Policy
The FCA is committed to identifying and tackling the causes of work-related stress and mental
health issues and to provide appropriate support and consideration to staff suffering from such
problems on a confidential basis where appropriate.
This commitment extends to maintaining a working environment that protects the
psychological as well as physical health of all FCA employees, wherever possible. Psychological
health problems can include stressors from an employee’s personal life and the pressures and
demands these entail which are often unavoidable. It can also include the often unavoidable
pressure of working life, with each job bringing its own pressures and demands. A controllable
level of pressure can be healthy and benefit performance, but excessive and sustained levels
of stress may be damaging to your health.
The FCA recognises that stress is a health and safety issue. The Health and Safety Executive
define stress as “the adverse reaction people have to excessive pressure or other types of
demands placed on them”. This makes an important distinction between pressure, which can
be a positive state if managed correctly, and stress which can be detrimental to health.
Principles
What you can expect from the FCA

Identify workplace stressors (as far as reasonably practicable) and conduct
risk assessments to eliminate stress or control the risks. These should be
reviewed regularly.

Provide training for all people managers in good management practices.

Provide confidential free counselling for staff affected by either work or external stress
through an EAP (Employee Assistance Programme).

Provide adequate resources to enable managers to implement the FCA’s agreed stress
management strategy.

Promote a culture of open communication, participation and encouragement.

Provide a workplace free from harassment, bullying and victimisation.

Address violence, aggression and other forms of inappropriate behaviour through
disciplinary action.

Maintain a performance management framework, which includes objective setting and an
appraisal process, to ensure the suitability of workloads and the development of
appropriate skills, supported by a Performance Management Procedure.

Provide employees with clear roles and responsibilities; and

Provide adequate training to ensure employees are able to carry out their roles.
What the FCA expects from you
Ultimately, you have primary responsibility for your own health and wellbeing and to ensure
you take reasonable care of yourself.

Comply with any safety instructions and directions issued by the FCA.

Let your manager know about any aspect of work or your working environment which may
be affecting your health.
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
Be familiar with the Stress and Wellbeing policy and act in accordance with its aim and
objectives.

Plan and organise your work to meet personal and organisational objectives.

Speak to your manager if you experience or are aware of a situation that may lead to a
stress problem.

Co-operate with support, advice and guidance you may be offered by the FCA, including
training and attending meetings with Occupational Health when required.
Responsibilities: (as far as reasonable practicable)
People Managers:

Ensure each member of staff is trained to perform their duties.

Monitor workloads to ensure that staff are not put under excessive pressure.

Monitor working hours to ensure staff members are not working excessively.

Ensure good communication between team members.

Promote a culture of zero tolerance for bullying and harassment.
Human Resources:

Ensure all people managers have adequate guidance on the Stress and Wellbeing Policy
and provide any necessary training.

Give support to people managers on any training needs identified within
their team.

Monitor the effectiveness of measures to address stress and identify trends by collating
and reporting sickness absence statistics.
Occupational Health Adviser:

See any staff member who the line manager has identified as possibly suffering from
stress, or stress related problems, and provide advice and support to both them and
management.

Provide specialist advice on stress management.

Refer any employee to the EAP provider where appropriate.

Identify trends and make recommendations from referrals and analysis of stress audits;
report findings to the HR Division.
HR Helpline, Senior HR Business Partners, HR Frontline Consultants and H&S Reps:

Will provide support and advice to managers and employees.

Will seek additional guidance from appropriately qualified and experienced colleagues and
professionals where necessary e.g. Occupational Health Adviser and Physician.

Will escalate issues appropriately where any individual or department-wide wellbeing risks
are identified e.g. HR Helpline to HR Frontline Consultant.
Support & Assistance:
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
EAP (Employee Assistance Programme) – Free and confidential advice line and counselling
service which is available 24 hours per day.

Occupational Health Adviser – A referral will only be suggested after a discussion between
you and your line manager. Discussions with the OHA are confidential, although a report
will be provided to your line manager and HR Frontline Consultant to ascertain your fitness
for work and to identify any changes to your working arrangements that might help you to
return to or remain in work. If appropriate, the OHA may refer you on to the Occupational
Health Physician.

Your own GP.
Any employee who considers that they may be suffering from stress or a mental health issue
for reasons connected with their working conditions, workload or working relationships with
colleagues, should approach their line manager in the first instance.
Any people manager noting symptoms of stress and/or a mental health problem in an
employee who reports to them or who is approached by an employee complaining of a work
related stress or mental health issue should promptly refer the employee to Occupational
Health and advise their HR Frontline Consultant.
Who is covered by this policy?
This policy covers all employees/workers at all levels and grades, including Managing
Directors, Directors, Heads of Departments, Managers, Technical Specialists, Associates,
Administrators and Secretaries who may be home workers, part time and fixed term
employees, and agency temps, secondees and contractors (collectively referred to as staff in
this policy).
Third parties who have access to the FCA premises (such as consultants, contractors,
customers and visitors) are also required to comply with this policy.
Ownership, updates and query management
This is the FCA’s Stress and Wellbeing Policy as at January 2012.
The policy is owned by the HR Division and has been developed in conjunction with the Health
& Safety Adviser.
Any questions on the application of the policy should be directed to the HR Helpline on
extension 67070.
Contractual status of this policy
This policy does not form part of your contract of employment and is subject to change at the
discretion of the FCA. Any changes will be published on the FCA’s intranet, My FCA Hub.
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Substance Abuse Policy
Our employees are our most valuable resource and their health and safety is of the utmost
importance. Drug and alcohol misuse has the potential to damage the health and wellbeing of
our employees and threaten the success of our business.
What you can expect from the FCA
We will manage any substance abuse or related concern in line with the following key
principles.

We wish to ensure your welfare and to safeguard the organisation’s efficiency and
reputation.

We consider alcoholism and drug dependency as illnesses, which except where absolutely
necessary, should be treated medically rather than within the Disciplinary Procedure.

Encourage those employees with an alcohol or drugs problem to seek appropriate help as
early as possible.

Ensure that you are aware of the risks associated with the abuse of alcohol
and drugs.

Help managers to identify a drinking or drugs problem at an early stage.

Ensure that other employees are not put at risk or adversely affected by an employee’s
alcohol consumption or drug use.

Ensure that the FCA’s efficiency and reputation is not undermined by an employee’s
alcohol or drug-influenced behaviour.
What the FCA expects from you
We expect employees to do as follows:

Seek assistance in line with this policy.

Advise the Occupational Health Advisor if they are taking prescribed drugs.

Adhere to any rehabilitation program.

Accept and co-operate with any referral to a medical advisor.
Acceptable and unacceptable use
The definition of ‘substance’ includes:

alcohol;

illicit, prescription or over-the-counter drugs; and

any other substance that may impair an employee’s performance or
conduct at work.
Alcohol is available to you at particular times in specified dining areas on FCA premises, but is
not normally permitted elsewhere. However, there are occasions when alcoholic drinks may be
permitted, at the discretion of line managers.
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If you drink off-duty, it should be to an extent that it does not impair work performance or
conduct. Any employee whose work performance or conduct is adversely affected by alcohol
consumption or drugs may be subject to action under our Disciplinary Procedure.
Helping employees
We encourage you to seek help if you have an alcohol or drugs-related problem and to seek
advice on the assistance available.
There are often signs that might suggest that someone has a problem. These include a decline
in work performance; a poor attendance record; unreliability; unexplained injuries; and
changes in behaviour, such as irritability and lack of concentration. The FCA accept that raising
the subject may put you in a difficult or embarrassing position, but believe that you should
encourage a colleague to seek assistance.
If a line manager observes that someone has a dependence problem, or information comes to
light through the disciplinary procedure or by other means, the manager should encourage
them to seek help. If managers require assistance, they should speak to the HR Helpline.
Counselling service
If you are experiencing problems with alcohol or drug dependency, you can seek help through
the confidential Employee Assistance Programme.
Disciplinary action
Although the FCA’s intention is to help employees with substance abuse problems, we may
take disciplinary action, up to and including dismissal (as appropriate), for the following
serious offences:

Possessing, using or selling illicit drugs on FCA our premises, the premises of a regulated
organisation and also at any other event when representing the FCA;

Working under the influence of alcohol, such as to impair performance
or conduct.

Drinking alcohol on FCA our premises, other than when authorised
by management.

Being under the influence of alcohol, drugs or other prescribed substances that impair
performance or conduct while at work (including attending any event, whether social or
otherwise at FCA our premises or elsewhere).
If an employee refuses to accept referral to specialist help, e.g. an Occupational Health
Advisor, we may initiate disciplinary action.
If an employee fails to complete a rehabilitation Programme, we may initiate disciplinary
action.
If you relapse into dependency after the course of treatment has been completed, you will be
given the opportunity to take further treatment. If this help is refused, or your performance or
action is unacceptable, disciplinary action may be taken.
Rehabilitation
Line managers are responsible for monitoring the performance and health of employees who
have undergone successful treatment for an alcohol or drug problem. If you need further help
on keeping alcohol and drugs out of your life, you should speak in confidence to your line
manager or the HR Helpline, or seek further help from the Employee Assistance Programme.
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Employees on a rehabilitation Programme will usually be subject to normal sickness/absence
rules.
Who is covered by this policy?
This policy applies to all employees.
Ownership, updates and query management
This is the FCA’s Substance Abuse Policy as at April 2009.
The policy is owned by the HR Division and has been developed in conjunction with the Staff
Consultative Committee.
The policy is not contractual and is subject to change at our discretion of the FCA – any
changes will be published on the intranet.
Any questions on the application of the policy should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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Domestic Abuse Policy
We want to have a working environment that promotes the view that violence against people
is unacceptable and everyone has the right to a life free from abuse in any form. Domestic
violence is wholly unacceptable and inexcusable behaviour, and responsibility for domestic
violence lies with the perpetrator.
Definition
Domestic abuse is often seen as just physical abuse however for the purposes of this policy,
domestic abuse is defined as "any incident of controlling, coercive or threatening behaviour,
violence or abuse (psychological, physical, sexual, financial or emotional) between individuals
over 16 who are, or have been, partners or family members including children, regardless of
gender or sexuality.”
For example;

Physical abuse would include punching, slapping, hitting, biting, pinching, kicking,
pulling hair out, pushing, shoving, burning or strangling.

Emotional abuse is any use of words, voice, action or lack of action meant to control,
hurt or demean another person. Emotional abuse typically includes ridicule, intimidation
or coercion. Verbal abuse is included within this and covers name-calling and use of
abusive language, constant criticism or humiliation, disproportionate anger and irrational
blaming of the other person. It can include making excessive calls to work or ignoring
someone. The perpetrator may then deny the abuse is happening and/or blame the
recipient.

Financial abuse is the use or misuse of the financial or other monetary resources of the
other person. Common examples of financial abuse include controlling shared resources
such as bank accounts, withholding money, hiding assets or forging someone’s signature
on financial documents.
Principles
What you can expect from the FCA if you are suffering from domestic abuse

We will be supportive of anyone who has been subjected to domestic abuse, in terms of
his or her existing employment or career development and we aim to enable employees
experiencing domestic abuse to remain productive and at work.

We will make every effort to assist an employee experiencing domestic abuse. If an
employee needs to be absent from work due to domestic abuse, the length of the
absence will be determined by the individual's situation through collaboration with the
employee and their line manager and will be in line with other current policies such as
flexible working, unpaid leave, parental leave or compassionate leave.

We will actively provide support to employees to try and minimise the risk to their safety
while at work, if they make it known to us that they are experiencing domestic abuse.

Confidentiality will be maintained and information restricted only to those who have a
need to know. However, there are some circumstances in which confidentiality cannot be
assured. These occur when there are concerns about children or vulnerable adults or
where an employer needs to act to protect the safety of employees.
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
We will provide a level of awareness and information for Managers to help raise
awareness of domestic abuse, signs of what to look for and understanding of this policy.
Support available - external

Employee Assistance Programme – a confidential external helpline 0800 716 017 and
website www.employeecare.com (code and password is FCA).
Specialist external helplines;

The Freephone National Domestic Violence Helpline, run in partnership between Women’s
Aid and Refuge 0808 200 0247

Mankind, support for male victims of domestic abuse and violence 01823 334244

National Lesbian, Gay, Bisexual and Trans* (LGBT) Domestic Violence Helpline (Broken
Rainbow) 0800 999 5428

Southall Sisters – support for black (Asian and African-Caribbean) and minority ethnic
women. 0208 571 0800

Victim Support – 0808 1689 111 or www.victimsupport.org.uk
Internal contacts

Your Manager can support you by listening and talking through options available to help
you remain productive at work

You can speak with your HR Consultant/Senior HR Business Partner confidentially about
any additional support you may require.

Occupational Health can provide advice on any mental or physical health concerns you
may have.

This policy and additional information are available on the Hub.
What you can expect from the FCA if you are a perpetrator

Employees who perpetrate domestic abuse should be aware that such behaviour goes
against this policy. Some forms of domestic abuse are a crime.

If we are made aware with evidence that you have committed domestic abuse to
someone within the FCA then appropriate action will be taken and you may be subject
to disciplinary action.

Employees charged or convicted in court because of domestic violence and abuse
should declare this formally.

Employees who ask for help will be provided with support
It is recognised that perpetrators of domestic violence may wish to seek help voluntarily. For
more information on what help is available for perpetrators contact Respect on 0846 122 8609
or www.respectphoneline.org.uk
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The Respect phoneline provides information and advice to perpetrators of domestic violence, to
professionals wanting information and to the friends and family (including partners) of
perpetrators who want more information on what help is available for perpetrators.
If both the victim and perpetrator work for the FCA
In cases where both the victim and perpetrator of domestic abuse work for the FCA we will
take appropriate action including;

Considering utilising different floor locations and working hours

Minimising the potential for the perpetrator to use their position or work resources to find
out details about the whereabouts of the victim.

Offer impartial support and where possible ensure both the victim and perpetrator have
different line mangers who are both able to provide appropriate information to each
party.

In some circumstances we may need to consider options around the suspension of one or
both parties so we could conduct an investigation. Where there is clear evidence of
domestic abuse, we may take disciplinary action.
Information for Managers

You should create a supportive environment in which employees are able to disclose
abuse if they wish to do so, though you should not pressure anyone for information in
this respect

Signs to look for regarding domestic abuse include unexplained bruising or injury, sudden
changes in behaviour or unexplained drops in an individual's level of performance. It
may also include periods of short term absence or lateness or a change to the way an
employee dresses; for example wearing excessive clothing on hot days.

If someone confides in you – reassure them that the FCA takes domestic abuse seriously
and explain the support that is on offer. Make sure they are aware of the other policies
in place such as flexible working, unpaid leave, parental leave or compassionate leave.

If they wish to talk with you then provide a non-judgemental and supportive
environment.

Alternatively direct them to their HR Consultant/Senior HR Business Partner.
Who is covered by this policy?
All individuals working for the FCA at any of its premises, irrespective of their employment or
contractual status, level or grade - it therefore includes all people managers, employees,
contractors, agency staff and anyone else engaged to work on behalf of the FCA.
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Ownership, updates and query management
This is the FCA’s Domestic abuse policy as at April 2016.
The policy is owned by the FCA’s HR Division and has been developed in conjunction with the
FCA's Staff Consultative Committee, Executive Diversity Committee, Corporate Responsibility
Team, and representatives from the internal Staff Network Groups.
The policy is not contractual and is subject to change at the discretion of the FCA – any
changes will be published on the intranet.
The policy will be monitored and reviewed every two years.
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15.
Working Patterns
Flexible Working Policy
All FCA employees have the right to apply to work flexibly after 26 weeks’ service.
Employees without the necessary service may still request to work flexibly and the process for
considering that request will be broadly similar. However, in this instance, the line manager’s
decision will be final and there will be no right to appeal. The application process is the same
for all employees (see below).
There is no automatic right to work flexibly, as there will always be circumstances when the
FCA is unable to accommodate a desired work pattern. However, this policy aims to facilitate
discussion and to encourage both parties to find a mutually agreeable solution. Each request
will be considered seriously and assessed on its own merits.
Eligibility
In order to make a request you must:

Have worked continuously for FCA for 26 weeks at the date the application is made.

Not have made another application to work flexibly during the past 12 months.
Making a request
Your request must be in writing and include the following:

The date of the application;

The change to working conditions you are seeking;

When you would like the change to come into effect;

What effect, if any, you think it would have on the FCA and how this might be dealt with;

A statement that it is a statutory request and if and when you have made any previous
application for flexible working.
You should make your request by completing the e-form on My FCA Hub, or in writing on a
hard copy if you are applying during your maternity leave and are therefore unable to access
the e-form.
Timescales
All flexible working requests, including any appeals, will be considered and decided on within 3
months from first receipt, unless it is agreed otherwise.
Meeting
After receipt of your application, a meeting may be arranged between you, your line manager
and a Frontline Consultant. This meeting should normally be arranged within 28 days and will
provide an opportunity to discuss your request in depth and to explore how best it might be
accommodated. It will also provide an opportunity to consider other alternative arrangements
should there be problems accommodating your desired work pattern. Should you wish, you
may bring a colleague with you to this meeting.
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If you fail to attend the meeting on two occasions without good reason, your request may be
considered withdrawn. This will be confirmed in writing.
Consideration of a request
The FCA will consider the benefits of the requested change for you and for the organisation,
and weigh these against any adverse impact.
A request may be rejected for any of the following reasons:

The burden of additional cost;

An inability to reorganize work among existing staff;

An inability to recruit additional staff;

A detrimental impact on quality;

A detrimental impact on performance;

A detrimental effect on ability to meet customer demand;

Insufficient work for the periods the employee proposes to work;

A planned structural change to the organisation.
Where more than one request is received from different employees, they will be considered in
the order they are received. In some cases, it may be that the first request is granted and this
changes the business context in which the second request can be considered.
Decision
After the meeting, we will confirm in writing whether or not your request has been agreed.
If it has been accepted, a start date will be agreed with you.
Any request which is granted will normally be subject to a six month trial period during which
the arrangement will be subject to continuous review. The FCA reserves the right at any time
during this trial to return the employee to their previous working pattern for any of the reasons
set out above. At the end of the trial period, if it is agreed by both parties that the new
arrangements are working, the application will be accepted. An accepted application will mean
a permanent change to Terms and Conditions, unless agreed otherwise.
Flexible working arrangements will not necessarily transfer from one job to another. Different
roles may not be suitable to being carried out on the same flexible working arrangement as
your current role, so this will be reassessed at the time.
If the application has not been accepted you will be provided with the reasons for this.
Appeals
If you feel that the reason for refusing your request is unjustified, you may appeal in writing.
This should be done within 14 days of the notification of the refusal. The appeal should state
the main reasons why you consider the decision to be unjustified. The appeal should be
submitted to the HR Director.
The appeal will be heard by two people who will be senior employees of the FCA
one of whom will normally be the Director of your division. They will not normally have been
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involved in the meeting previously conducted. A member of the HR Division will also be
present to take notes and, where appropriate, give procedural guidance.
The outcome of the appeal will be communicated to you in writing after the appeal has been
held.
Being accompanied
You may be accompanied at formal flexible working meetings by a fellow employee of your
choice, who may be a friend, colleague or Staff Representative. Please note that the fellow
employee should not be a member of the HR Division.
Who is covered by this procedure?
This procedure covers all employees. It does not apply to agency workers, consultants, or selfemployed contractors.
Ownership, updates and query management
This is the FCA’s Flexible Working Policy as at June 2014.
This policy is owned by the HR Division and has been developed in conjunction with the Staff
Consultative Committee.
Any questions on the application of the policy should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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Flexitime Policy
We operate a flexitime scheme for certain Administrator/Secretarial employees. Employees
eligible to participate in the flexitime scheme (as indicated in your Personal Statement) must
comply with the rules of the scheme.
Flexitime scheme rules
The Rules of the Scheme are detailed below. These rules are subject to work requirements.
Limitations may be made at the discretion of your line manager.
The accounting period will be a calendar month. Calculations are made on the basis of your
contractual hours as outlined in your Personal Statement. Unless otherwise stated, your
normal working hours are 35 hours each week, Monday to Friday, with 1 hour each day for
lunch. We reserve the right to vary your normal working hours, if necessary, to fulfil our
operational requirements.

On a normal working day, you should arrive at the office no later than 10.00 am and
should not leave before 4.00 pm. The hours between 10.00 am and 4.00 pm are known
as ‘core time’.

Weekly timecards should be recorded on a timely and accurate basis. Data recorded
should reflect actual hours worked by activity performed and be submitted as per the
agreed deadline. Only the actual hours worked should be recorded in iTime (net hours)
minus any breaks when you are away from your desk (i.e. lunch, cigarette, coffee
breaks).

The lunch interval should be of at least 30 minutes duration and recorded accurately in
iTime. For example if you worked 10 am – 4 pm (minus 30 minutes for lunch) 5.5 hours
should be recorded in iTime.

Excess hours registered at the end of the accounting period up to a maximum of 10
hours may be carried forward to the next accounting period. Excess hours will not rank
for overtime payment nor affect holiday, pension or any other entitlement.

A maximum of 10 debit hours may be carried forward at the end of an accounting
period. The maximum debit hours permitted at any time during a period is 14 hours. If
you are in a debit situation any authorised overtime worked will offset this balance and
payment will not be made.

Credit hours may be taken as 2 half days or 1 whole day absence from the office per
calendar month. However, no more than 12 half or 6 whole ‘flexiday’ absences are
permitted between 1 June and 31 May.

Proposed absence for whole or half ‘flexidays’ is subject to cancellation by management
in order to ensure adequate operational cover.

Should you leave the FCA’s employment you must ensure that your hours are not in
debit. Any remaining deficit of hours will be deducted from your final salary.

Loss of working time due to travelling difficulties such as late trains, traffic hold-ups and
other such hazards should not be included in your working hours and you should
discuss with your line manager how any shortfall in contractual hour is made up.

Treatment and general examination by opticians, doctors, dentists, etc. should be
recorded as BS Absence PartDay Sick/Medical and you should discuss with your line
manager how any shortfall in contractual hours are made up.
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
Authorised sickness absence should be recorded to reflect your contractual hours (i.e. 7
hours per day if you work 35 hours) and recorded as BS full day sickness.

Part day sickness absence should be recorded as BS Absence Part Day Sick/Medical for
the period of time absent during that day.

Authorised holiday should be recorded to reflect your contractual hours (i.e. 7 hours if
you work 35 hours) and should be recorded as BS Absence Leave and Public holidays.

Authorised half day holiday should be recorded as 3 hours 30 minutes. AM half day
holiday - you should arrive for work no later than 2 pm. PM half day holiday - you
should not leave the office earlier than 12pm. Annual leave should be recorded as BS
Absence – Leave and Public Hols.
Information regarding monitoring arrangements can be found in the Security Policy. In line
with the Security Policy, which is applicable to all FCA employees, please remember to
accurately record your net working hours (i.e. working hours minus any breaks). Failure to do
so could result in disciplinary action up to and including your dismissal from the FCA (see the
Disciplinary Procedure).
Who is covered by this policy?
This policy covers all employees.
Ownership, updates and query management
This is the FCA’s Flexitime Policy as at January 2016.
The policy is owned by the HR Division and has been developed in conjunction with the Staff
Consultative Committee.
The procedure is not contractual and is subject to change at the discretion of the FCA – any
changes will be published on the intranet.
Any questions on the application of the policy should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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Homeworking Policy
The FCA recognises that homeworking can be beneficial to both employees and the
organisation.
To work effectively, homeworking arrangements have to meet the business needs of the FCA,
ensuring that the needs of both internal and external stakeholders will not suffer.
Whilst not all jobs are suitable for homeworking, requests made by those who are legally
entitled to request flexible working, or others where considered appropriate by the FCA, will be
considered on their own merits. This scheme is not intended to create any contractual rights
for employees over and above the statutory flexible working regime.
Principles
Line managers will have overall responsibility for considering homeworking requests and
assessing whether the role and other factors make such an arrangement suitable and
appropriate.
Employees will have responsibility for ensuring they have a suitable environment
at home in which they can focus on work. Employees must be able to work free
from disruption, e.g. by having adequate care arrangements in place for dependants.
Homeworking must not put additional burden on office based colleagues, i.e. not lead to an
output from the employee concerned which is reduced in either quality or quantity.
Employees are required to comply with all FCA policies and procedures (e.g. those relating to
records management, clear desk and the security of information) whether working at home or
at their office base.
Homeworking will be permitted usually only to a maximum of 3 days per week or up to a
maximum of 60 percent working time.
The ability to work at home may be affected by the constraints on the availability of the IS
systems that are necessary to enable someone to carry out their work at home.
Withdrawal of a homeworking arrangement will be done in consultation with the employee and
reasonable notice will be given, where practicable. Homeworking arrangements can be
withdrawn, if in the opinion of the relevant line manager, the effective and efficient operation
of the team, department, and/or division is compromised, and/or:

the role changes;

the ability of the wider FCA to fulfil its objectives is compromised;

the performance of a home worker is unsatisfactory; and/or

the benefit is being abused.
Homeworking arrangements will not transfer from one job to another, since different roles may
not be equally suitable to being carried out in part remotely.
Types of Homeworking Arrangements
The FCA’s Homeworking Policy makes distinctions between employees working on the following
basis:
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
Occasional homeworking – employees work from home on an occasional basis e.g. one or
two days a month.

Regular homeworking - employees work from home on a regular basis e.g. one day per
week.

Full-time homeworking - employees have a contractual agreement with the FCA to work
from home (Full-time homeworking contracts only apply to a small number of FCA
employees and are determined by the nature of the role).
Working hours
Employees’ normal working hours will apply regardless of any homeworking arrangement.
It is expected that anyone working at home will work their normal daily pattern unless agreed
with their line manager in advance.
Expenses
Expenses incurred as a result of Occasional and Regular Homeworking outside the FCA’s Travel
& Expenses Policy will have to be met by employees.
Full-time homeworkers should refer to their Personal Statement of Terms & Conditions of
Employment (and any subsequent variations) for details relating to Motor Insurance and
Mileage expenses.
Health & Safety
The FCA has a responsibility to ensure as far as it is reasonably practicable the health, safety
and welfare of employees, wherever they work. Employees working at home have the same
duties under the Health and Safety at Work Act 1974 as all other employees. They must take
care of their own health and safety and that of anyone else who might be affected by their
actions and must co-operate with the FCA on all health and safety matters.
The FCA is required to undertake a risk assessment of employees’ activities and working
environment when working on a full-time or regular basis at home. This will normally be
undertaken via self-assessment through completion of the Homeworking application eform.
Employees must inform the FCA immediately of any changes or hazards to their working
environment or equipment used. Full-time and regular homeworkers will need to be complete
the self-assessment process on a yearly basis.
Sickness Absence
All employees working at home must comply with the FCA’s Sickness Policy and ensure that
they make personal contact with their line manager, or deputy, within 30 minutes of their
normal start time if they are sick or unable to work.
It will not be appropriate for people to work at home as an alternative to taking sick leave if ill.
It is important that people only work at home if they are genuinely fit for work.
Security and confidentiality of data and equipment
Employees are responsible for ensuring the security of FCA property and information,
documents and files within their possession and are required to comply with FCA policies and
procedures, including those relating to records management, clear desk and the security of
information when working at home.
Insurance & related matters
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Equipment: The FCA will pay the insurance cover for all FCA equipment under its current
policy which covers “all risks anywhere in the UK”. Employees should ensure that their
building/contents insurance is not invalidated by the use of the home as a place of work, or by
the storage/use of FCA equipment.
Buildings and contents insurance: It is the responsibility of homeworkers to provide
adequate home buildings and contents insurance. The FCA does not accept liability for damage
caused to the home or its contents.
Full-time homeworkers and those working at home on a regular basis should seek advice from
the relevant agencies with regard to the effect of home working on their mortgage or tenancy
agreement, and council tax/business rates.
The FCA does not accept any responsibility for an employee who suffers any detriment, loss or
legal action as a result of not obtaining the necessary permissions from their insurer, mortgage
lender, landlord or local authority.
Tax guidance for mobile devices
Please read the guidance on My FCA Hub about tax implications of mobile phones,
Blackberries, smart phones and iPads.
Full-time homeworking (FTHW)
Full-time homeworking contracts will be determined by the nature of the role, e.g. when the
role requires people to work in specific locations throughout the country, and will not be
agreed to on request.
Full-time homeworkers (FTHWs) will have a contractual agreement with the FCA to work from
home, though that agreement is subject to the same right of the FCA to make reasonable
changes to terms and conditions as all its other contracts of employment.
Expenses
FTHWs should refer to their Personal Statement of Terms & Conditions of Employment (and
any subsequent variations) for details relating to Motor Insurance and Mileage expenses.
Reporting Procedures
FTHWs should agree with their line manager a procedure for maintaining regular contact. This
will include agreeing when they can be contacted to ensure that work and personal lives are
kept separate.
Attendance at FCA locations
Periodic visits to FCA offices will be necessary, e.g. for meetings and training events. A
maximum of two visits per month will be reimbursed, in accordance with the Travel Expenses
Policy. Employees should agree all travel to FCA offices in advance and obtain prior
authorisation of expenses with their manager. Any travel to FCA offices in addition to the two
visits will not be reimbursed by the FCA.
Provision and use of equipment
Equipment
Equipment necessary to enable FTHWs to work at home will be agreed between the FTHW and
the FCA, and the FCA will subsequently supply this equipment. Such equipment shall at all
times remain the property of the FCA.
Tax Relief
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Employees who choose to work from home are not normally entitled to tax relief
on additional outgoings. However, if there is a requirement from the FCA for the employee to
work from home, there may be tax relief on a proportion of the costs for heating, lighting,
travel expenses and on rent of a room used for business purposes.
It is the responsibility of the homeworker to clarify their position with HMRC. Information is
available on the HMRC.
Regular Homeworking (RHW)
Regular Homeworking (RHW) applies when employees have an agreement with their line
manager to work from home on a regular basis e.g. one day per week.
RHW may be appropriate when:

functions of the role can be carried out remotely and without disruption;

clear outputs can be achieved and agreed in advance;

there is adequate equipment in order for the employee to carry out their work;

an employee’s absence will not create problems for others;
Consequently, homeworking requests are likely to be rejected if:

the arrangement will create an additional cost burden for the FCA;

the arrangement would have a detrimental effect on the FCA’s ability to meet
the demands of its internal and external “customers”;

it is impracticable to recruit any additional employees required by
the arrangement;

the arrangement would have a detrimental impact on quality or performance
of work;

the arrangement cuts across any planned structural changes.
Arrangement process
Requests for RHW arrangements should be made in accordance with the FCA’s Homeworking
Policy. You will be required to make a request in writing by completing the Homeworking
application eform on our intranet (My FCA Hub).
Applications will be systematically considered and will be approved at the line manager’s
discretion, taking into account the employee’s circumstances and the needs of the
organisation. Requests for regular homeworking will not be refused without the line manager
giving, in writing, reasons for doing so. If your request is rejected, you should discuss the
reasons behind the decision with your line manager in the first instance and you may be able
to agree a suitable alternative arrangement. If this is not possible, then you are strongly urged
to try and resolve the issue locally, perhaps by involving the relevant HoD or Director.
Employees will be required to sign a Homeworking Agreement before they can commence
working from home.
Any RHW agreement will be subject to a six month trial period and will be reviewed at the end
of that period.
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Reporting and out-of-office procedures
Employees working at home should be contactable during the agreed working day, unless
specifically agreed in advance with their line manager.
Telephone
Employees’ FCA’s phone number should be diverted to a mobile or landline number on home
working days. If this is not possible, voicemails can be collected remotely by dialling 020 7066
6666 and following the instructions. A contact number must be provided to your line manager.
Attendance at the office
Employees who have a RHW arrangement may be required on occasions to attend the office
e.g. a team Away day, urgent meeting or training course, on an agreed “home working” day.
The employee will be expected to make arrangements to attend wherever possible. This does
not entitle the employee to a replacement home working day.
Occasional Homeworking (OHW)
OHW applies when employees work from home on an ad hoc and occasional basis e.g. one or
two days per month.
OHW is permissible when:

clear outputs can be achieved and agreed in advance

there is adequate equipment in order for the employee to carry out their work

an employee’s absence will not create problems for others
Arrangement process
Arrangements for OHW can be agreed informally between employee and their line manager,
and approval will be at the discretion of the line manager.
Line manager agreement to work at home needs to be obtained in advance on each occasion.
The manager’s agreement on any occasion does not vary the employee’s contract of
employment or create any right to home working in future.
Out-of-office and contact arrangements are the same as for RHW.
Who is covered by this policy?
This policy covers all employees.
Ownership, updates and query management
This is the FCA’s Homeworking Policy as at June 2010.
The policy is owned by the HR Division and has been developed in conjunction with the Staff
Consultative Committee.
The procedure is not contractual and is subject to change at the discretion of the FCA – any
changes will be published on the intranet.
Any questions on the application of the policy should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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Part-time Working Policy
Following an application made under the FCA’s Flexible Working Policy, if you opt to work on a
part-time basis, there will be a knock-on effect on a number of benefits:
Salary
Your salary will be pro-rated to reflect the hours that you work as follows:
Hours worked/35 x full time salary = part time salary
Holiday
Your annual leave allowance will be pro-rated to reflect the number of days that you work in a
week. This will apply to both your core holiday allowance and the amount of additional leave
you can purchase through flexible benefits.
Days worked/5 x 23 = core holiday allowance
Days worked/5 x 15 = amount of additional leave that can be purchased
Bank and Public Holidays
You will be entitled to bank and public holidays on a pro-rated basis in addition to your annual
leave allowance as follows:
Days worked/5 x 8 (bank and public holidays in a year) = bank holiday days
Most staff find it more convenient to add the bank holiday allowance to the overall leave
allowance and then deduct bank holiday days from the overall total on the basis that:
If a bank holiday falls on a day that you normally work, you can either work an alternative day
or deduct a day from your total allowance.
If in any year, more bank and public holidays fall on your normal working days than your bank
holiday allowance, you must either work alternative days or take the additional days from your
remaining leave allowance.
You must record all leave via Manage Absence Records on the HR System (PeopleHub).
Sick Pay
You will be entitled to occupational sick pay based on your pro-rated salary. If you are absent
for a prolonged period, the normal 65 days’ paid sickness will be pro-rated to take account of
your working pattern to determine when your salary will be reduced to half or nil pay, as
follows:
Days worked/5 x 65 = sickness days paid at full salary in any 15 month rolling period
Pension
If you are a member of the FCA Pension Plan, your contributions will be based on your prorated salary.
Who is covered by this policy?
This policy covers all employees.
Ownership, updates and query management
This is the FCA’s Part Time Working Policy as at April 2010.
FCA Employee Handbook 2016
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The policy is owned by the HR Division and has been developed in conjunction with the Staff
Consultative Committee.
The procedure is not contractual and is subject to change at the discretion of the FCA – any
changes will be published on the intranet.
Any questions on the application of the policy should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
FCA Employee Handbook 2016
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16.
Whistleblowing
Whistleblowing Policy
Background
Whistleblowing can occur when an employee raises a genuine concern about dangerous,
unlawful or illegal activity that they are aware of through their work.
Whistleblowing is relevant to all organisations and all people. This is because every business
and every public body faces the risk of things going wrong internally. Where such a risk arises,
usually the first people to realise or suspect the wrongdoing will be those who work in or with
the organisation.
We have a positive commitment and open approach to whistleblowing. Our policy and
procedure is intended to be in line with the Public Interest Disclosure Act 1998 (PIDA). This
provides protection for whistleblowing on wrongdoing. Our policy encourages you to raise
concerns with us in the first instance.
Everyone at some point in their career may be concerned about issues they see or hear during
the course of their work. Usually these concerns are easily resolved and we have a number of
other Employee Handbook procedures to deal with them. However, those procedures may not
appear to be appropriate where:

there is no other relevant procedure; or

you have genuine concerns about using a particular procedure at either the outset or the
end of the process; and

your concern is about conduct likely to harm the reputation of the FCA.
It can be difficult to know what to do. You may be worried about raising such issues or may
want to keep the concerns to yourself, perhaps feeling it is not any of your business or that it
is only a suspicion. You may feel that raising the matter would be disloyal to colleagues,
managers or to the FCA.
However, we have introduced this policy to enable employees to raise genuine concerns about
such matters at an early stage and in the right way. We would rather you raised the matter
when it is a real concern, rather than wait for proof.
This policy and procedure does not form part of your Contract of Employment.
What does this policy cover?

Who and what is covered by our Whistleblowing Policy;

Which procedure to use;

Anonymous disclosures;

Other wrongdoing;

Independant advice;

How to raise a concern;

What happens during an investigation;
FCA Employee Handbook 2016
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
Roles and responsibilities;

Protection;

What happens if you may be implicated;

Confidentiality;

What happens after an investigation; and

Where you can get further information.
Who does this Whistleblowing Policy apply to?
Our policy applies to all permanent and short-term employees of the FCA. It also applies to
secondees, external consultants, contractors and agency employees while they are at the FCA.
You are not required to have worked at the FCA for a minimum amount of time before you can
use this policy: you can use the procedure even if you are new.
What is covered by our Whistleblowing Policy?
Disclosing a genuine concern which, in your honest, reasonable belief, is in the public interest
and suggests that wrongdoing has been committed, is being committed or is likely to be
committed, could qualify for protection under PIDA. Wrongdoing includes (but is not limited
to):

failure to comply with a legal duty;

miscarriages of justice;

criminal offences;

endangering the health and safety of any person;

offering or accepting bribes under the Bribery Act 2010;

damage to the environment; and

deliberate concealment of any of the above.
Our policy additionally covers any conduct not included above which appears likely to harm the
reputation of the FCA. In these circumstances, we undertake to provide the same protection as
set out in the section, “What sort of response can I expect from the FCA?”. However, you
would not necessarily be protected by PIDA and you may want to take separate advice on that,
for example by contacting Public Concern at Work (see the section, “Where can I get
independant advice?”).
Which procedure should I use?
There are existing Employee Handbook policies and procedures designed to resolve many
kinds of concerns relating to your own personal circumstances, such as the way you are
treated at work. The procedures to be followed in raising and dealing with such issues under
these policies are set out in the relevant entry in the Employee Handbook:

Grievance Procedure;

Equality of Opportunity and Bullying & Harassment policies;

Disciplinary Procedure;
FCA Employee Handbook 2016
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
Performance Management Procedure;

Health and Safety Policy;

Security Policy and

Complaints against the FCA
These policies and procedures aim to encourage anyone with a genuine concern to raise it by
giving the opportunity, where required, to make the complaint to someone who has no direct
involvement with the issue. You can raise such concerns with the relevant FCA contact (e.g.
Health & Safety Adviser). In addition, although these procedures are not generally covered by
the same legal protection provided by PIDA, the FCA will not take action against anyone who
raises a complaint under these policies in good faith because they did so.
If one of the above procedures is relevant, you should use that process unless you have
genuine concerns, at either the outset or the end of the procedure, about following the
relevant Employee Handbook process. In that event, you may use the Whistleblowing Policy
and Procedure.
This is not an appeal mechanism for other procedures, unless – exceptionally – you think the
process of another procedure you have been through was compromised.
Not sure if it’s whistleblowing?
Appendix 1 shows some examples of situations in which employees might blow the whistle and
the procedure to use.
What if I don’t want to reveal my identity?
If you disclose your identity, it will be easier for us to:

look into the matter;

protect your position; and

give you feedback where appropriate.
We very much hope that the assurances we give in this policy will encourage you to disclose
your identity to those here who need to know. However, if you wish to raise an issue
anonymously, we will, of course, consider it.
Where can I get independant advice?
If you feel you need independant advice at any stage of the process, you may contact the
independant charity – Public Concern at Work (http://www.pcaw.co.uk/index.htm) on 0207
404 6609, or email helpline@pcaw.co.uk. Public Concern at Work gives free and confidential
advice on whistleblowing matters, but remember not to disclose any confidential information
the FCA has received.
FCA Employee Handbook 2016
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How do I go about raising a concern?
The table below highlights the options you have to raise concerns:
Route
Who to raise
your concern
with
What
happens
next?
Actions that
will be
taken
Examples of
when to use
options
Roles &
Responsibilities
Option 1
Your line
manager
Referred to
Director of
Internal Audit
to investigate.
See –section,
“What takes
place during
an
investigation?”
If the
investigation
uncovers any
wrong-doing,
sanctions will
be decided at
this stage
See Appendix
1, e.g. 3 & 4
See section,
“Responsibilities”
Option 2
Director of
Internal Audit
As above
As above
If the concern
involved your
line manager,
HoD or
Director.
See Appendix
1, e.g. 1, 2, 3
&4
As above
Option 3
Chair of the
Audit
Committee of
the Board or
Chairman of
the FCA
As above
As above
See Appendix
1, e.g. 5
As above
Option 4
Director
General of
Financial
Services at
HM Treasury
As above
As above
See Appendix
1, e.g. 6
As above
Option 5
Prescribed
Person
As above
As above
See Appendix
1, e.g. 7
As above
For further detail on these options see below:
Option One: Line Manager
Telling your immediate manager. This can be done either face-to-face or in writing.
We encourage you to raise your concerns in writing where possible, setting out the background
and history of your concerns (giving names, dates and places where possible) and indicating
the reasons for your concerns. Please make it clear that you are raising your concern as part of
our Whistleblowing Policy. The matter will then be referred to the Director of Internal Audit
Division (see section, “What takes place during an investigation?”).
Option Two: Director of Internal Audit
If the concern involves your immediate manager, Head of Department or Director,
or for any reason you would prefer not to tell them, you may raise the matter directly with the
Director of Internal Audit in writing or face-to-face or to internal.whistle@fca.org.uk. In their
absence, you can contact one of the Heads of Department or Managers in Internal Audit
Division.
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Option Three: Chair of the FCA or Chair of the Audit Committee
If you believe that your concern should be raised at a non-executive level, perhaps because it
affects the FCA as a whole or you consider that the matter could seriously compromise the
FCA’s reputation, you can raise the matter confidentially with the Chair of the Audit Committee
of the Board, or with the Chair of the FCA. You can write to the Chair of the Audit Committee
care of the Company Secretary of the FCA Simon Pearce (Company Secretary). You can
contact the Chair of the FCA by email or by calling extension 63000.
Option Four: Director of Financial Services at HM Treasury
If you have disclosed your issue internally and you are concerned either by the response or
lack of response, or

you feel unable to talk to anyone internally for whatever reason, and

the concern falls within the description given in the section, “Who is covered by our
Whistleblowing Policy?”;
you can contact the nominated Treasury official, who is:
Director General of Financial Services,
HM Treasury,
1 Horse Guards Road,
London SW1A 2HQ
Tel: 0207 270 4448
PIDA protects you if you contact the Treasury in circumstances where you satisfy
the test for speaking to the FCA regarding any of the examples of wrongdoing listed above
(but not wider conduct which appears likely to harm the reputation of the FCA). The Treasury
will investigate in whatever way it considers appropriate, but is likely to contact the FCA,
normally the Director of Internal Audit, to discuss the disclosure. For the avoidance of doubt,
the Treasury cannot investigate whistleblowing made against FCA regulated firms: in these
circumstances, please email whistle@fca.org.uk
or telephone 020 7066 9200.
Option Five: Other Relevant Bodies
If your disclosure is within the list of wrongdoings above and comes under the responsibility of
another public body prescribed for the purpose under PIDA, you can contact the relevant
prescribed person. A list of the prescribed persons, the matters for which they have been
prescribed under PIDA and the relevant test can all be found under Whistleblowing. Please
note that a member of the House of Commons is a prescribed person in respect of all matters
within the remit of any other prescribed persons.
What takes place during an investigation?
To consider your disclosure fully it is likely that one or more fact-finding meetings will take
place. If we need you to attend these meetings you may be permitted to be accompanied by:

a fellow employee of your choice who may be a friend or colleague;

a Staff Representative; or

a trade union official.
You will be able to confer with your companion during the course of the meeting and they may
address the meeting but may not answer questions on your behalf.
FCA Employee Handbook 2016
243
Those under investigation may also be accompanied by a fellow employee of their choice who
may be a friend or colleague, a Staff Representative or a trade union official. We will not ask
you to attend a meeting where those under investigation are also present.
Please note that members of HR and Internal Audit cannot accompany you or those under
investigation to any meetings.
The Director of Internal Audit may be accompanied by any FCA employee to help with the
investigation.
The Director of Internal Audit will conduct a full investigation to establish whether wrongdoing
has occurred. The format of the investigation may vary depending upon the circumstances.
He/she may delegate the investigation to one of the Managers in Internal Audit Division or to
another appropriate person.
Please note that a similar process to investigate will be used for all other options.
Responsibilities
Employees and others working at the FCA

to be aware of this policy and procedures;

when making any disclosure, tell us if you have a direct personal interest in
the matter.
Managers must:

make their employees aware of this policy and procedures;

encourage a positive open working culture for staff and others working at the FCA to
express easily their concerns;

take concerns seriously;

guide staff to the most appropriate route; and

refer concerns raised under this Whistleblowing Policy to the Director of Internal Audit
within five working days.
Director of Internal Audit must:

acknowledge the whistleblower’s disclosure;

indicate to the whistleblower how he/she proposes to investigate the disclosure, where
appropriate, and the likely timescales;

where appropriate keep the whistleblower regularly informed of progress;

take concerns seriously, considering them fully and fairly;

resolve issues as promptly as possible;

support the Director General of Financial Services, Chair of the FCA, or Chair of the Audit
Committee in matters that have been raised with those individuals directly;

to the appropriate extent communicate the findings to you, the individual(s) under
investigation and, if appropriate, members of FCA management or other external
authorities;
FCA Employee Handbook 2016
244

keep a confidential log to assess effectiveness of the policy and any emerging trends;

provide periodic anonymised reports on disclosures to Executive Management for inclusion
in reports to the Board; and

provide periodic anonymised reports on disclosures raising ethical issues to the Audit
Committee.
The role of Staff Representatives:

advise employees how and with whom to raise concerns when they arise; and

provide support to employees at any stage of the process.
The role of the FCA’s Chair and the Chair of Audit Committee:

acknowledge the whistleblower’s disclosure;

indicate to the whistleblower how they propose to investigate the disclosure, where
appropriate and the likely timescales;

where appropriate keep the whistleblower regularly informed of progress;

take concerns seriously, considering them fully and fairly;

resolve issues as promptly as possible;

liaise with the Director of Internal Audit in investigating the matter; and

to the appropriate extent communicate the findings to you, the individual(s) under
investigation and if appropriate, members of FCA management or other external
authorities.
The role of the Director of Financial Services at HM Treasury:

acknowledge the whistleblower’s disclosure;

indicate to the whistleblower how he proposes to investigate the disclosure, where
appropriate and the likely timescales;

where appropriate keep the whistleblower regularly informed of progress;

take concerns seriously, considering them fully and fairly;

resolve issues as promptly as possible;

liaise with the Director of Internal Audit, Chair of the FCA, or Chair of the Audit Committee
in matters that have been raised with him/her directly; and

to the appropriate extent communicate the findings to you, the individual(s) under
investigation and, if appropriate, members of FCA management or other external
authorities.
What sort of a response can I expect from the FCA?
Regardless of which Employee Handbook procedure you use:
FCA Employee Handbook 2016
245

First and foremost, if you have a reasonable belief that wrongdoing is taking, has taken or
is likely to take place, you will be treated fairly and justly by the FCA and we will take any
matter seriously.

We will take all reasonable steps to ensure that no person under our control victimises or
retaliates against you or subjects you to any detriment as a result of you raising a genuine
concern under this policy.

If you disclose to us in good faith, we undertake that you will not lose your job because
you did so.
What happens if I am implicated?
If you blow the whistle and actively cooperate with an investigation in which you may be
implicated in any wrongdoing, you are likely to receive a lighter sanction than might otherwise
have been the case (unless the misconduct is so serious that no amount of cooperation or
other mitigating conduct can justify a decision not to adopt that particular sanction).
Confidentiality
In raising a concern about wrongdoing (unless you have specifically requested anonymity), you
may assume that only those FCA employees involved in investigating it will know your identity.
We will not reveal your identity outside this group except:

where we are legally obliged to do so;

where that information is already in the public domain;

on a strictly confidential basis to a professionally qualified lawyer or accountant when
getting advice; or

to the police or as otherwise required under anti-money-laundering requirements;
If there are any other circumstances in which we are required to reveal your identity outside
those identified above, we will discuss this with you first. Under no circumstances will we
reveal your identity outside this list without your knowledge.
What happens after the investigation?
The Director of Internal Audit will ensure, to the appropriate extent, that the findings of the
investigation are communicated to:

you, as the person raising the wrongdoing concern;

the individual(s) under investigation; and if appropriate, members of FCA management or
other external authorities who may need to consider whether action should be taken on
the basis of the findings.

The records will be destroyed after seven years, unless a longer period is considered by
the FCA to be appropriate.
FCA Employee Handbook 2016
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Where can I obtain further information?
If you would like further information the following websites may be of interest
to you:
Whistleblowing
www.pcaw.co.uk
Alternatively, contact the HR Helpline at * HR Helpline.
Appendix 1
Situations in which employees may blow the whistle:
Example one
You are working in an area which regularly engages outside contractors. You have noticed how
the one which has been named FCA’s preferred supplier does not deliver on time or to budget.
Your Head of Department, who is very friendly with one of the employees in the contracting
firm, doesn’t appear to share your concerns, but is quick to make excuses for them. Senior
management seem to have accepted these explanations and don’t seem to be concerned. You
suspect your Head of Department may be receiving inducements. What should you do?
Report the suspicion to the Director of Internal Audit Division. (Option 2)
Example two
You are in the gym and you notice that everyone using a piece of equipment is now
complaining of back trouble. You see that one part of it is loose, but, despite reporting it to the
manager of the gym, nothing has happened. What should you do?
Report the incident immediately to your manager (Option 1). If the concern involves your
immediate manager, Head of Department or Director, or for any reason you would prefer them
not to be told, raise the matter directly with the Director of Internal Audit Division (Option 2).
Example three
A former colleague, who supervised XYZ firm, starts work in the XYZ compliance department.
You inherit his work and note there are no records of his visits to the firm. What should you
do?
Report the incident immediately to your manager (Option 1). If the concern involves your
immediate manager, Head of Department or Director, or for any reason you would prefer them
not to be told, raise the matter directly with the Director of Internal Audit (Option 2).
Example four
You work for Harbour & Jones in the employer’s restaurant, on the classic counter and over the
past few weeks you notice a member of FCA staff who doesn’t seem to be paying for their
food. You put this down to your error or their genuine mistake. However, recently you notice
the same person doing this on a daily basis. You are not sure what to do and you are worried
because you did not report it the first time. What should you do?
Report the incident immediately to your manager or the Head of Operations Services (Option
1). If the concern involves your immediate manager, Head of Department or Director, or for
any reason you would prefer them not to be told, raise the matter directly with the Director of
Internal Audit (Option 2).
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Example five
You have a concern that could impact on the FCA’s reputation, but do not want to raise it with
the Director of Internal Audit as you believe they are compromised in some way. What should
you do?
Report the incident directly to the Chair of the Audit Committee of the Board or with the Chair
of the FCA (Option 3).
Example six
You raised a concern under the FCA’s Whistleblowing Policy, but you do not feel confident that
the matter was dealt with appropriately by the FCA. What do you do?
Refer the matter to the Director of Financial Services at HM Treasury (Option 4).
Example seven
You wish to raise a concern that comes under the responsibility of another public body. What
do you do? Refer the matter to the relevant body (Option 5).
Contractual information (start)
Indemnity and Notification Requirements
The FCA will indemnify you (its employees and anyone who is seconded to the FCA or is
otherwise acting as a member of its employees) against liability you incur in connection with
claims or proceedings brought against you in relation to anything done or not done when
working for the FCA. This applies whether proceedings are brought in the UK or overseas. The
indemnity will cover any liabilities incurred in connection with such claims or proceedings,
including any costs reasonably incurred in defending them, whether or not judgement is given
in favour of the employee concerned. If you are seconded or assigned while employed by the
FCA, it will, wherever appropriate, as a pre-condition of any secondment, either:

expressly confirm in writing that it will continue to indemnify you in line with the terms of
this contract throughout the course of the secondment; or

ensure that the organisation you are seconded or assigned to gives you an equivalent
indemnity
The indemnity will not extend to any liability incurred where your acts or omissions are:

clearly done or omitted to be done in bad faith; or

are clearly outside or inconsistent with the scope of your responsibilities under your
Contract of Employment with the FCA.
The indemnity is conditional with all of the following requirements. If you fail to comply with
them, this could invalidate or otherwise affect the indemnity. The conditions are that you
should:

inform your manager within the FCA and the FCA Company Secretary as soon as you
become aware of the possibility of a claim against you or the FCA;

avoid any discussion of the matter with the potential claimant, but if this is impossible,
keep a written note of the conversation;

under no circumstances admit liability for yourself or the FCA;

not try to settle or compromise or reduce the potential claim;
FCA Employee Handbook 2016
248

not seek outside legal advice except with the authority of the FCA General Counsel or
Company Secretary; and

inform your management within the FCA and the FCA Company Secretary (Company
Secretary) of any discovery of, or suspicion of, fraud or dishonesty by a past or present
employee of the FCA or anyone claiming to act on its behalf.
Contractual information (end)
Who is covered by this policy?
This policy applies to all permanent and short-term employees of the FCA. It also applies to
secondees, external consultants, contractors and agency employees while they are at the FCA.
Ownership, updates and query management
This is the FCA’s Whistleblowing Policy as at September 2013.
The policy is owned by the HR Division and has been developed in conjunction with the
Internal Audit Division and Staff Consultative Committee.
The procedure is not contractual and is subject to change at the discretion of the FCA – any
changes will be published on the intranet.
Any questions on the application of the policy should be directed to * HR Helpline or extension
67070.
Contractual status of this policy
This policy does not form part of your contract of employment.
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249
17.
OFT TUPE Terms & Conditions
Annexe to FCA handbook to accommodate staff from the Office of Fair
Trading (OFT) who transferred to the FCA on 1st April 2014
Introduction
This annexe applies to those staff that transferred to the FCA from the OFT on the 1 st April
under the Statutory Transfer Scheme (STS). It reflects the measures agreed during the
consultation period between the FCA and OFT and finalised 21 October 2013.
The annexe lists those terms and conditions, that as a result of the transfer, will be materially
different to those already listed in the FCA employee handbook.
With the exception of those aspects listed here the policies within the FCA handbook will apply
for example working hours, infinity awards, career leave etc.
The information in this annexe should be considered part of the contract of employment
only for those staff that have transferred under the STS.
If any of these employees change roles to a different (FCA) contractual grade (i.e. promotion)
they will be advised (and the implications discussed) of the change to their terms and
conditions to a standard FCA contract.
Terms of employment
Basics about your employment
Job Titles
As agreed under the measures consultation, the Civil Service contractual grades have been
aligned to the FCA structure as follows:
OFT contractual
grade
AO
FCA contractual grade
FCA job family
Administrator/ Associate
(depending on FCA role)
Grade AO, EO, HEO,
SEO and Grade 7
Associate
Grade 6
Manager/Technical
Specialist (depending on
FCA role)
Regulatory (A),
Professional Business
Support (B,)
Regulatory (A,B & C)
Legal & Forensic (C)
Professional Business
Support (B), Core (D)
Regulatory (D, D1)
Legal & Forensic (D, D1)
Mobility
Staff mapped to the Professional Business Support (PBSB) grade are not considered subject to
mobility requirements. All other grades will align to FCA policies. Any proposed changes to
location would be subject to consultation.
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250
Pay Reward & Benefits
Salary & Benefits
Reward Strategy
FCA and OFT total reward are constructed on a different basis and roles are mapped by job
responsibility and grade but not in terms of pay.
Therefore, transferring staff are aligned to FCA grade structure, but remain on Civil Service
salary scales as follows:
OFT
contractual
grade
AO
Civil service salary
range
FCA contractual grade
FCA job family
£19,285 - £22,544
Administrator /Associate
(depending on FCA role)
EO
£23,500 - £28,308
Associate
Regulatory (A)
Professional Business
Support (B)
Regulatory (A, B & C)
Legal & Forensic (C)
Professional Business
Support (B)
Core (D)
HEO
SEO
Grade 7
Grade 6
£28,928
£35,500
£46,000
£56,250
-
£35,302
£42,933
£59,759
£72,144
Manager/Technical
Specialist (depending on
FCA role)
Regulatory (D, D1)
Legal & Forensic ( D1)
These scales will remain the reference point for staff who transferred and will be reviewed
annually in line with the Civil Service pay review.
Annual performance incentive
Transferring staff are not eligible for the annual performance incentive award and are not
aligned to the FCA job families for salary benching marking purposes.
FCA HR will liaise with the Cabinet Office, Treasury and the SCC to understand the implications
of any Civil Service pay award and how this translates to individual pay increases or bonuses.
Your manager will inform you of any salary increase and this will be paid in your September
salary (annually) if awarded.
Performance ratings
Performance and contribution will be assessed using the FCA performance review system to
ensure consistency of approach across the FCA.
The table below shows the relationship between OFT and FCA performance ratings:
FCA Rating
Exceptional
Exceeds Standards
Meets Standards
Below Standards
Equivalent OFT Rating
No equivalent OFT rating
Highly effective
Effective
Potentially effective
Unsatisfactory
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Pension
Staff will retain membership of the Principal Civil Service Pensions Scheme (PCSPS) and the
FCA, as a participating employer in the PCSPS, will ensure contributions are made.
Overtime payments
Staff will be able, subject to line manager approval (this should be discussed with the
Director to agree whether appropriate), to claim overtime. It will only be paid for pre-agreed
project work or role-specific tasks that cannot be carried out during normal working hours and
such exceptional circumstances as agreed by your line manager with Director approval.
Your overtime, if you were OFT contractual grades AO-SEO, (mapped to FCA Administer/
Associate contractual grades) will be paid at the following rates:
The following rates apply for AO-SEO OFT contractual grades mapped to FCA
Administrator/Associate)
Monday – Friday
Time in lieu (TOIL) up to the hours
worked
Saturday
1.5 x pensionable hourly rate or TOIL for
hours worked
Sunday & Bank holidays
2 x pensionable hourly rate or payment
at 1 x pensionable hourly rate plus TOIL
If you were OFT contractual grade 6 or 7, you will need to work a minimum of 16 extra hours
over a two week period to qualify for any discretionary payment or TOIL.
Absence from Work
Holiday Policy
Holiday Year
The OFT leave year (1 April – 31 March) will align to the FCA leave year (1 June – 31 May).
Transitional holiday entitlement
There will be a transitional arrangement in place from 1 April 2014 to 1 June 2015 and staff
will receive 37 days leave (pro-rated for part time staff) on 1 April 2014 to reflect that the
leave will cover 14 months.
Normal holiday entitlement
From 1 June 2015 and every holiday period onwards staff will receive 31.5 days (excluding
bank holidays and pro-rated for any part time staff).
Transitional carry forward of holiday
There will be a transitional arrangement in place until 1 June 2015, allowing OFT staff to carry
forward up to 10 days on 1 April 2014.
Statutory entitlement and carry forward of holiday
From 1 June 2015, staff will align to the FCA carryover policy. Under the Working Time
Regulations 1998, you must take your statutory annual leave (i.e. for full-time employees this
is 20 of the FCA core days excluding bank holidays; pro-rated for part-time employees)
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252
between 1 June and 31 May each year, as the Regulations do not permit this part of holiday to
be carried over into the next holiday year. Any additional core holiday or annual leave
purchased through the Flexible Benefit Scheme can be carried over into the next holiday year,
providing you don’t exceed a total of more than 38 days for that year.
Sickness Absence Policy
Staff will retain OFT arrangements and the following sickness absence will apply during any 4
year rolling period:
If you are ill and unable to work, the FCA will pay your normal salary, inclusive of Statutory
Sick Pay (where appropriate), for absences up to 182 days. If, after this period, you are still
unable to return to work, you will be eligible to receive one half of your normal pay for the
next 183 days.
Family Leave
Maternity Policy
Staff will retain OFT arrangements and are entitled to take up to one year’s maternity leave.
Staff on maternity leave will receive full pay for 26 weeks followed by Statutory Maternity Pay
for 13 weeks.
Paternity Policy
Transferring staff are entitled to up to 15 days paternity leave at normal salary. This should be
taken at or around the time of the birth.
Adoption Policy
Transferring staff are entitled to up to one year’s adoption leave and full pay for 26 weeks
followed by 13 weeks Standard Adoption Pay.
Leaving the FCA
Notice Period
Staff transferring will retain their contractual notice period as detailed in their contract of
employment. Unless otherwise agreed, the notice periods are outlined below:
OFT
contractual
grade
Grades AO, EO,
HEO, SEO
Grades 6 & 7
FCA equivalent
contractual grade
Notice from FCA
Notice to
FCA
Administrator- Associate
One month
One month
Associate - Manager
Three months
Three months
Redundancy Payment
If you are made redundant any payment will be calculated as per the relevant rules as set out
in the Civil Service Compensation Scheme.
Appendix 1
The following OFT terms and conditions will be aligned to the policies in the FCA handbook:
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253
OFT terms & conditions up to 30
March 2014
Probation is 6 months
Premium payments for certain roles
Discretionary awards – Merit Awards, Peer
Thank you, In Year recognition award,
Chairman’s award
Career leave
Flexitime scheme open to all staff
Align to FCA terms and conditions
from 1 April 2014
New hires post transfer will move to FCA
probation terms.
Anyone in receipt of premium payment will
have this consolidated in their base salary
Align to Infinity Award Scheme
Align to FCA Career Leave Policy
Staff mapped to administrator will be
able to join the FCA Flexi time scheme.
They will receive a one off goodwill
payment
Staff mapped to associate and above will
not be eligible for Flexitime and will receive
a one off goodwill payment
Transferring staff will receive this payment
in their first FCA pay (April 2014). The FCA
may ask for this to be repaid if any staff
member seeks to move to FCA terms and
in the first six months post transfer
Grievance Policy
Disciplinary Policy
Flexible Working
Pay day is in arrears on last working day of
the month
Contractual hours of work are 41 hours per
week including paid meal break of one
hour per day
Privilege days (2.5 days per annum)
Annual leave banking of up to 5 days per
annum
Special paid leave Policy
Travel and Subsistence policy
Redundancy Policy covering 3 distinct
situations
Study leave and training sponsorship
(100% for role specific and 50 % for nonrole specific)
Clear Desk Policy does not operate
Align to FCA policy
Align to FCA policy
Staff will continue to have the right to
request flexible working and align to FCA
Working Policy.
Align to FCA payday
Align to FCA contractual hours of 35 hours
per week excluding meal breaks
Staff will not receive privilege days (1.5
will be consolidated into the core
entitlement and they will receive 2 half
days for Christmas Eve and New Years
Eve)
Staff will no longer be able to bank leave
Transferring staff will align to FCA policy
providing leave for special circumstances
Align to FCA policy
Excluding redundancy pay transferring
staff will align to FCA policy (see Annex for
further details)
Align to FCA approach
Transferring staff will need to adhere to the
FCA clear desk policy
Core benefits and Lifestyle options
Core Benefit and Lifestyle option
Life Assurance/Death in Service
FCA Employee Handbook 2016
No change as retained via Principal Civil
Service Pension Scheme (PCSPS)
254
Ill Health Retirement
Permanent Health Insurance is not
provided
Private Medical Insurance is not provided
Optional benefits through Flex plan are not
provided
FCA Employee Handbook 2016
No change as retained via PCSPS
Transferring staff will not receive PHI
Transferring staff will not receive Private
Medical Insurance
Transferring staff will be not be eligible for
Flexible benefits
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