Employee Handbook Revision 4 – December 2015 COMPANY HANDBOOK CONTENTS PART 1 - INTRODUCTION Welcome to Trinity Fire & Security Systems Ltd Purpose of the Handbook A Brief History of the Company PART 2 - WORKING WITH US Contract of Employment Induction Probation Equality & Diversity Discipline Grievance Capability Place of work Business hours Salary Overtime Sick Pay Holiday Leave Group Pension Plan Company cars and travel Expenses Payment and deductions Personal records Refreshments Personal phone calls Mobile phonesCorporate hospitality, gifts and entertainment PART 3 - LEAVING US Notice Periods Resignation Exit Interviews Redundancy Returning Property Restrictions on Your Activities Final Pay Arrangements References Retirement PART 4 – LIST OF POLICIES Revision 4 - December 2015 -2- PART 1 – INTRODUCTION Welcome to Trinity Fire & Security Systems Ltd We have designed this Handbook for everyone in Trinity as a source of information. It explains our key employment areas and links to the current policies and procedures which form the backbone of your employment with us. The success of Trinity has been due largely to our clear understanding that our business is about providing a service. This is true whether dealing with new clients, existing clients or, just as importantly, our own colleagues within the organisation. We strongly believe in people working together. We want you to take responsibility for everything you do. The provision of an efficient service can only be achieved if we all remember to treat others as we would wish to be treated ourselves. This is the attitude we ask you to adopt, whatever your role within Trinity. The on-going success of Trinity depends on all of us, and our approach to our work. The management team will endeavour to provide a supportive, professional working environment in which our staff and customers can develop and prosper. Thank you for choosing to be a part of Trinity and I hope that you will find the experience both positive and stimulating. Andrew Cotton Managing Director Revision 4 - December 2015 -3- PURPOSE OF THIS HANDBOOK Your contract of employment defines the contractual terms and conditions of your employment. The schedule to the contract contains non-contractual terms of employment relevant to your role. The purpose of this Handbook is to give you general supplementary information about working with us and to describe the specific Company policies, procedures and rules that need to be followed by all of us. We try to make the Company’s policies, procedures and rules as simple and as fair as possible. They are based on good practice and legal and regulatory requirements. When changes are necessary, we will update the policies and procedures that are referred to in this Handbook. We will normally publish amendments to the Handbook as soon as possible after any changes have become effective. It is your responsibility to ensure that you are familiar with the most up to date copy of the Handbook. We take any breaches of the Company’s policies, rules and procedures very seriously and would ask please that you do the same. If there is anything in the Handbook that you do not understand or you believe should be updated, please let the HR Supervisor know as soon as possible. A BRIEF HISTORY OF THE COMPANY Trinity Fire & Security Systems was established in Exeter in 1997, and has since grown to be one of the leading independent specialist Fire and Security system suppliers and integrators in the UK. We remain privately owned and run by the current Board, and as such, are able to invest and develop our business to meet the needs of our customers in the complex and changing UK market. The company’s success has been achieved on a solid foundation of in-house expertise, reliability of service and an ethos of providing first class delivery to our clients. From the outset, Trinity invested in the development of a specialist technical workforce supported by a highly experienced management team. We are acknowledged as employing some of the best engineers in the industry and now have over 250 employees across our 7 regional centres in the UK, generating turnover of over £20m. Trinity is a full member of the FIA (Fire Industry Association), and is actively involved in their industry-wide training programme. We have market-leading quality accreditations across all offices, including NSI Gold (Security), LPS1014 (Fire) and LPS1204 (Suppression), these being the most stringent accreditations for these disciplines. Please see our website for a full list of our extensive accreditations. Trinity is established as Honeywell’s top performing integrator across the UK for both their Gent and Notifier fire brands and Honeywell security brands. Revision 4 - December 2015 -4- PART 2 – WORKING WITH US CONTRACT OF EMPLOYMENT On joining Trinity Fire & Security Systems we will give you two copies of a written contract of employment. You should sign both copies, keep one for your records and return the other to your manager. If there are any differences between the content of your offer letter and your contract of employment please point this out to your manager as soon as possible. INDUCTION In order to help you settle into your new role with Trinity, there will be an initial induction programme organised by your Manager and you will be invited to attend a Company Induction at our Head Office. PROBATION We employ all new staff on a probationary basis, normally three months. In certain circumstances we may extend this period to give the individual a fair opportunity to prove they can meet the requirements of their job. You will find the specific requirements for your role in your job description, which will be given to you by your manager. Specific terms relating to the probation period, including notice periods, are included in your contract. Your manager will regularly discuss your progress with you during your period of probation. He or she will give you as much help, guidance and training as possible to achieve the required standards. When you have satisfactorily completed your probationary period, we will write to you to confirm your on-going employment with the Company. EQUALITY AND DIVERSITY We are an equal opportunities employer and will not accept unfair and/or unlawful discrimination against any person for any reason including on the basis of gender, transgender status, age, marital or parental status, civil partnership status, pregnancy, disability, sexual orientation, race, colour, religion, or ethnic or national origin or by association with any of these protected characteristics. We will take steps to make sure that you are treated equally and fairly and also that you are not subjected to inappropriate behaviour by others. Please see our Equality and Diversity Policy located in our Quality Manual. DISCIPLINE We can achieve more for our customers by working responsibly together and we expect you to conduct yourself professionally and behave in an appropriate manner at all times. It is important that we value each other and that standards are maintained. Our Disciplinary Policy and Procedure is designed to encourage you to achieve and maintain the required standards of conduct and professionalism that is expected of everyone in the Company. The aim of the policy is to ensure that you are treated fairly and consistently in the event that there are concerns about your conduct. Please see our Disciplinary Policy. CAPABILITY It is important that all staff can perform their job roles and duties to the required standard. Should your performance fall below that standard, for example, you fail to keep your skills and knowledge up to date or you are unable to perform at the level of competency required to undertake your job role, this procedure will be triggered. If you are unable to fulfil Revision 4 - December 2015 -5- your duties due to on-going ill-health issues, this procedure will also apply. Our Capability Policy and Procedure is designed to manage these situations. Please see our Capability Policy. GRIEVANCE We encourage you to raise any concerns relating to any part of your employment. We genuinely want to sort out these grievances in a fair, open and professional way. If you have a concern please speak to your manager. If you believe the matter needs to be dealt with formally then you need to follow the Grievance Procedure. PLACE OF WORK Your usual place of work is shown in your contract, although you may be required from time to time to travel to, or to work at any of the Company’s premises or those of the Company’s customers. BUSINESS HOURS Your normal business hours will be shown in your contract. Usually, our office hours are between 8:30am and 5pm but can vary according to local office arrangements. Your manager will advise you at Induction. Non-office based staff working hours will vary according to the requirements of their job, but with regard to our obligations under current legislation. SALARY Your initial Basic Rate of Pay will be detailed in your contract. We review salaries annually in July. This does not mean that we automatically give a pay rise every year as this is based on individual merit and the Company’s performance. Should a pay rise occur, you will be informed of which month this will start, this may not be in July. OVERTIME If you are eligible for overtime payments, it will say in your contract. We will pay authorised overtime at rates applicable to your role. ABSENCE (INCLUDING HOLIDAY & SICKNESS) All absence including holiday, sickness, unpaid leave, maternity leave, paternity leave, parental leave, compassionate leave, dependant leave, jury service, military leave, study leave and medical & dental appointments are all covered under our Absence Policy & Procedure. GROUP PENSION PLAN As a permanent employee, you are entitled to join the Trinity Fire & Security Systems Ltd Group Personal Pension Plan. This plan operates under the auto-enrolment regulations and you will receive information when you join us. Further details can be found in your contract of employment or, should you have any queries, please email pensions@trinitypro.co.uk COMPANY VEHICLE AND TRAVEL Your contract will give details of any entitlement you may have to a company vehicle. Her Majesty’s Revenue and Customs (HMRC) treats the provision of a company vehicle as a taxable benefit. If you are not provided with a Company vehicle and your job means you need to travel on our behalf, your manager will talk to you about any transport arrangements, for example the use of a hire car. Further detail of this can be located in our Drivers Handbook. Revision 4 - December 2015 -6- EXPENSES The Company will reimburse all authorised business expenses incurred by you during the operation of your day-to-day duties in line with the Company’s Expenses policy, providing you produce receipts for the expenditure. In some situations, cash advances to cover expenses may be given. Receipts for expenditure will still be required together with the unused balance of the cash advance. PAYMENT AND DEDUCTIONS th We will pay you on or around the 30 of each month by direct credit transfer to your bank or building society account. We work with an independent provider of payroll services. This provider will process your pay and deductions under instruction from us. Although we do everything we can to avoid payroll errors, from time to time these may happen. If we underpay you by a small amount, we will usually make up the shortfall the following month. If we overpay you, your manager will discuss arrangements for you to repay it. We will give you a personalised payslip when we pay you. This gives written details of your pay. It is your responsibility to check this and to raise any questions with your manager at the earliest opportunity. We automatically deduct income tax and national insurance contributions from your salary when we pay you. If you have a general question about income tax, you should contact HM Revenue and Customs as follows: Telephone: 0300 200 3300 Opening hours 8.00 am to 8.00 pm, Monday to Friday and 8.00 am to 4.00 pm Saturday Address: Pay As You Earn HM Revenue and Customs BX9 1AS United Kingdom The tax office is central and you will need to provide your NI number, the company’s tax reference of 070/T534 and accounts reference of 070PM00113566. PERSONAL RECORDS On joining us you will have given us certain personal information. Throughout your employment, you are responsible for making sure that you let HR know about any changes to your personal details that you have given us, for example, name, address, next of kin, bank account details and so on. This information is very important so that as a business, we can fulfil our statutory requirements, and ensure that the information we have about you is kept up-to-date. The Financial Director has overall responsibility for maintaining all personal data confidentially. For further information on how the Company manages personal information, please see the Data Protection Policy. Revision 4 - December 2015 -7- REFRESHMENTS At most of our offices you will find kitchen facilities. Wherever possible, please eat away from your work area as this ensures that the office environment remains clean and healthy. SMOKING It is our policy that smoking of cigarettes,E-cigarettes & similar are banned throughout our offices & within Company vehicles. For further details please refer our No Smoking Policy. PERSONAL PHONE CALLS We realise that there may be occasional times when you need to use phones at work for private purposes. Your line manager may ask you to reduce your usage if it is deemed to be beyond acceptable levels. Excessive usage may result in disciplinary action. MOBILE PHONES Personal mobile phones can create a distraction within an office. If you are in one of our offices, unless you are awaiting an urgent call, please switch off your mobile phone or put on silent mode. If you have a Company issued mobile phone, we accept that you may make a occasional private calls. We closely monitor our call costs and reserve the right to deduct costs associated with excessive private calls or texts, e mails or multimedia downloads such as screen savers and ring tones in addition to access to premium rate services. All these facilities may be barred from your phone at the Company’s discretion. If you use a mobile phone in your car, it should be fitted with a hands-free device. You should only use it to receive short calls (See Drivers Handbook) and only when safe to do so. CORPORATE HOSPITALITY, GIFTS AND ENTERTAINMENT We, or our customers, occasionally receive and offer entertainment, gifts and hospitality in the normal course of business. When we, or our customers, do this, we must make sure that nobody is benefiting in an improper way. Please remember the following points: You must not ask for any gifts or favours. You must never accept gifts of money. You can accept reasonable small tokens, for example at Christmas, as long as they do not place you under any obligation and are not likely to be viewed as a bribe. You should immediately report any offer of gifts or favours to your manager. You must discuss all offers of, or invitations for, hospitality with your manager. You must not accept entertainment if a member of the host company is not present. You must not offer any gifts or favours to any of our customers or suppliers without authorisation from your manager. Each manager must keep a record of any gifts or gratuities given or received by a member of the team. Revision 4 - December 2015 -8- PART 3 – LEAVING US If you leave us, for whatever reason, we believe that it is important that our working relationship with you ends in a professional way. We value all our staff highly and do not want to lose you unnecessarily. If you are thinking of leaving of your own volition, please discuss this with your manager so that we can see if there is anything that we can do to help you change your mind. If you still decide to leave, please be honest about your reasons as this may help us to decide whether any changes need to be made within the organisation. If you wish to speak in confidence to someone other than your manager, please contact the HR Supervisor. NOTICE PERIODS Your contract of employment contains precise details of the written notice you are entitled to receive at the end of your employment. It also gives the written notice you must give us if you plan to leave. If you resign, you will normally have to work the full notice period. You will break your contract of employment if you leave before your period of notice ends unless you have received your manager’s permission in writing. RESIGNATION If you decide to leave us, you should write to your manager, saying that you want to resign and the date you want your decision to apply from. Your notice period as shown in your contract of employment will begin from the date of your resignation, unless you agree otherwise with your manager. For specific business reasons, we may request that you do not come to the office during your notice period. If this happens, you will continue to receive your normal basic salary and benefits. However, in these circumstances, you would not be allowed to take up other employment until your notice period had expired. The Company also reserves the right to make a payment in lieu of all or any part of your notice period. Your manager will discuss with you any arrangements for handing over any work you have left to do. EXIT INTERVIEWS If you have decided to leave us, our HR department will contact you during your last week to conduct a brief exit interview. All discussions are private and confidential but should something arise that HR feel needs to be addressed, it will be discussed with you and your approval sought before being taken to the relevant Management Board member. Should you wish for it to remain confidential, it will do so. REDUNDANCY We are committed to developing our staff and expanding our business. However, business needs regularly change and very occasionally this may give rise to the possibility of a job(s) no longer being required. Should these circumstances occur, we will consult with affected staff about any possible job redundancies. Consultations will include all relevant concerns, but in particular: The business changes expected to affect jobs; The possibility of avoiding redundancies; Where relevant, the selection criteria, including whether voluntary redundancy is an option Revision 4 - December 2015 -9- The possibilities of redeployment Help and support for leavers We view redundancy as a last resort. RETURNING PROPERTY On or before your last day of work you must return all items of Company property and information including company cars, credit card, keys, personal computers, telecommunications equipment and any records or files in whatever format. RESTRICTIONS ON YOUR ACTIVITIES There may be Post Termination Restrictions detailed in your contract of employment. These must be adhered to unless otherwise agreed with a Director in writing. FINAL PAY ARRANGEMENTS Your manager will liaise with the Finance department to finalise all pay due on your leaving date. You will normally be paid any salary owed along with any outstanding bonus and commission payments and any payment for holiday accrued but not taken on the next available pay date. REFERENCES The Company is under no obligation to provide references other than to confirm dates of employment and position held. However, if a more detailed reference is given, all reasonable care will be taken to ensure its accuracy. RETIREMENT There is no longer a mandatory retirement age and employees may choose when to retire from work. Revision 4 - December 2015 - 10 - PART 4 –LIST OF POLICIES HRSP (01) HRSP (02) HRSP (03) HRSP (04) HRSP (05) HRSP (06) HRSP (07) HRSP (08) HRSP (09) HRSP (10) HRSP (11) HRSP (12) HRSP (13) HRSP (14) HRSP (15) HRSP (16) HRSP (17) No Smoking Absence Maternity & Shared Parental Leave Adoption Leave Paternity Leave Parental Leave Flexible Working Disciplinary Capability Grievance Alcohol & Drugs Data Protection Dress Code Performance Appraisal Drivers Telematics Expenses Revision 4 - December 2015 - 11 - NO SMOKING POLICY HRSP (P01) Page 1 of 1 POLICY We recognise the dangers of smoking and passive smoking as well as the difficulties faced by long-term smokers. We recognise the emergence of E-Cigs personal vaporisers (PVs)& electronic nicotine delivery system (ENDS) that mimic tobacco smoking. It is our policy that smoking of cigarettes, E-cigarettes & similar are banned throughout our offices & within Company vehicles to ensure we provide a fresher, cleaner and healthier environment for all our staff. Employees are requested not to litter the external areas of the buildings. Infringement of this policy will be regarded as a serious breach of discipline and will be dealt with in accordance with the Company’s Disciplinary Procedure. Issue Number - 02 Issue Date – July 2015 Prepared by - SS/AC/TJ ABSENCE POLICY & PROCEDURE HRSP (P02) Page 1 of 6 SICKNESS POLICY We would like people to want to come to work but do recognise that on occasions genuine illness may prevent you from doing so. If you are unable to come to work because of illness, you must comply with the following procedure. The Sickness Absence Policy and Procedure should be read in conjunction with the Company's Dismissal, Disciplinary and Capability and Appeals Policies and Procedures. If you do not comply with the following procedure then Statutory Sick Pay may have to be withheld and the Company's Disciplinary Procedure invoked. NOTIFICATION AND CERTIFICATION You must contact your line manager by telephone to ensure that the Company is notified of your absence and its likely duration at or before your normal start time on the first day of absence, and you must keep your Manager informed at or before your normal start time on every day of the first working week and then on the Monday morning of every subsequent week throughout the absence unless otherwise agreed with your manager. For long-term absence you should send updates when you see the doctor or have hospital appointments. You must fill in a self-certification form (SC2) on the first day you return to work after a sickness absence of up to and including seven calendar days. You should fill this in and hand it to your manager in confidence at the „Return to Work‟ meeting, which wherever possible will be carried out on your first day back at work. The purpose of the Return to Work meeting is to: check on your fitness to return ensure that any support you need is in place bring you up to date on any changes, if applicable. Sickness absences lasting for more than seven calendar days must be covered by a Doctor‟s medical certificate – known as the Statement of Fitness for Work/Med 3 form. You should send doctors‟ certificates under confidential cover to your manager as soon as you receive them. Failure to do so may result in your pay being withheld. The Statement of Fitness for Work allows GPs or medical providers to provide advice to you and the Company by stating that you are “not fit for work” or “may be fit for work taking account of the following advice”. The GP or medical provider can then detail their suggestions on how to facilitate your return to work. Some suggestions might be: - a phased return to work; amended duties; altered hours; and workplace adaptations. We require you to do the following: 1. Please ensure you make your GP or medical provider fully aware of your role, duties and day-to-day job requirements. This should be done in discussion with your GP or medical provider and if there are any queries please contact your manager directly so that we can provide you with an up-to-date job description. 2. Please try to ensure that your GP or medical provider does not provide a certificate that is illegible or states “unwell” or any other conditions which are too vague or general. This will help us to consider all necessary information before taking the appropriate steps to support you and respond accordingly. 3. Where there are no further comments on the Med 3 Form we will assume that there is no additional information we need to be aware of. We can then decide how best to proceed. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ HRSP (P02) ABSENCE POLICY & PROCEDURE Page 2 of 6 4. We will endeavour to put the suggestions into practice, following discussions with you. 5. Any recommendations provided through the Med 3 Form are not binding on employers. Therefore, these recommendations will always be considered taking full account of operational requirements, resources available, and the overall good of the Company. 6. In the event that the Company is unable to accommodate the suggested recommendations, we will view the statement of “may be fit for work taking account of the following advice” as meaning “not fit for work” and we will then apply the normal sickness absence arrangements. 7. If you consider that work may be a factor or relevant to your condition, please make us and your GP or medical provider aware of this at the time. The Company will attempt to minimise any such factors to provide a safe place of work for all staff. 8. If you seek to return to work before the end of the “not fit for work” period, we will discuss this with you and decide whether or not this is appropriate. If we agree that an early return to work is suitable, you will not need to wait until the end of the period set out in the Med 3 Form. 9. Where we believe we can make the recommended changes and support you in your return to work, but you subsequently refuse to return to work, we will discuss the matter with you to find out why you think that you are unable to return to work. If no agreement can be reached, this could result in any sickness-related payments or arrangements being suspended or withdrawn pending further investigations. 10. Where you return to work and are still receiving on-going treatment or taking medication, you are required to advise the Company immediately – especially where any such treatment or medication could affect your day-to-day attendance or work performance and/or the safety and wellbeing of others in the workplace. 11. While we would hope that any additional GP or medical provider feedback would be covered by their normal provision of services, should there be any additional charges involved in providing the above information we would be happy to consider meeting any such reasonable costs, provided these are agreed with us in advance. In some circumstances the Company may require an employee to provide private medical certificates after absences from work due to sickness, regardless of the length of the sickness absence. The Company will reimburse the employee for the cost of obtaining these certificates. Examples of such circumstances include: A history of frequent absenteeism Where management is concerned that the employee may not be receiving adequate medical attention. SICKNESS DURING STUDY LEAVE OR TRAINING EVENTS If you are too ill to go to college or on a sponsored day-release or training course, you must tell us in the same way as if you were not able to come to work. SICKNESS DURING ANNUAL LEAVE If you are sick or injured whilst on annual leave you may be able to claim back any days lost through sickness if you are able to demonstrate that you were house/hotel/hospital/bed bound on the relevant days and that you are able to produce a doctor‟s certificate, note from hospital or similar as evidence of incapacity. Reimbursement of any holiday loss is at the absolute discretion of the Company. Any absence from work due to late return flights/sailings arising from sickness or injury whilst on holiday will necessarily be taken as additional holiday or unpaid leave. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ ABSENCE POLICY & PROCEDURE HRSP (P02) Page 3 of 6 SICK PAY Provided you have adhered to the requirements set out above in notifying the business about your sickness absence, sick pay will be paid in accordance with your contract of employment. SICKNESS RECORDS AND MEDICAL REPORTS The Company is entitled to review your sickness record at any stage of absence and may instigate a disciplinary or capability investigation on the grounds of your absence record. If requested by the Company you shall at the Company‟s expense agree to undertake a medical examination by a registered medical practitioner nominated by the Company and to co-operate fully with such examinations. You will also authorise the medical practitioner to disclose to and discuss with the Company the results of the examination and any matters that arise from it, so that the medical practitioner can notify the Company of any matters, which might impair you from properly discharging your duties. The Company may also request your permission to contact your GP and ask for a medical report on your condition. You may ask to see this report. Your specific written consent will be required at that time in order to access any information from your medical records held by your GP. A refusal to be examined may lead to disciplinary action being taken up to and including dismissal. In the absence of professional medical advice the Company will make decisions about your health based only on the information available to us at that time. EXTENDED ABSENCES Naturally, the Company will be sympathetic when you are ill, you should appreciate though that if you are persistently off work through ill health or long-term injury or incapacity, it will not be possible for the situation to continue indefinitely, and your employment may be reviewed or terminated. Termination of employment will not take place without: Full consultation with you Medical investigation A consideration of alternative employment. Where return to work does prove possible, the Company may require that your fitness to return be confirmed by a medical practitioner of the Company's choice and subject to review as appropriate.. MEETINGS/HOME VISITS During any absence you should keep in regular contact so that your manager is kept fully informed of your state of health and likely return to work date. You will therefore be periodically asked to attend meetings with your manager, in order to provide information and to ensure an effective early return to work. If you are too unwell or physically unable to attend the office, the Company reserves the right to visit you at your home or other external venue. DISABILITY If you have or contract a condition that means you might be considered disabled within the meaning of the Equality Act 2010 the Company will consider making reasonable adjustments to your job to accommodate your short-term or long-term requirements. You will be fully consulted at all times. If reasonable adjustments or alternative employment prove not be viable options, and there is no likelihood of return to work in the near future, a decision to dismiss may be the inevitable outcome. DISMISSAL/THE RIGHT TO APPEAL In the event of dismissal, the reason for the dismissal and the circumstances leading up to that decision will be documented in writing. You may appeal against your dismissal by writing within five working days of your receipt of this dismissal letter to a Director of the company stating the grounds on which you wish to appeal. The appeal will be heard in accordance with the Company's Dismissal, Disciplinary, Capability and Appeals procedures. This right also applies to action short of dismissal such as transfers, demotion and alteration of duties. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ HRSP (P02) ABSENCE POLICY & PROCEDURE Page 4 of 6 PROCEDURES FOR TAKING LEAVE LEAVE OF ABSENCE We believe that you should balance work and your home life. To help achieve this we provide a range of conditions for leave (see below). PERSONAL RESPONSIBILITY You are responsible for letting your manager know about any plans you have for leave. It is also good practice to let your immediate colleagues know about your planned absence from work. You should let us know the date and length of any planned absence as soon as possible. Usually these absences will involve one or more of the following: Holiday leave Maternity leave Paternity leave Parental leave Compassionate leave Time off for dependants Leave for jury service and going to court Public duties Military leave Medical and dental appointments Study leave HOLIDAY LEAVE Our holiday year runs from 1 January to 31 December. A full year holiday entitlement will be 23 days, rising to 24 days after 5 years‟ service and 25 days after 10 years‟ service. Three of your holiday days are to be taken over the Christmas and New Year period when the offices will be officially closed. In addition, you will be entitled to eight days public and bank holidays. If you work for us on a part time basis, your holiday entitlement will be pro-rated (see below). If you join us part way through the holiday year, you will receive part of your holiday entitlement pro-rata for the number of months left in that year. Your holiday will accrue on the basis of one twelfth of your annual entitlement for each complete month's service in that year. Where the amount of leave accrued includes a fraction of a day other than a half-day, the fraction shall be treated as a half-day if it is less than a half-day, and as a whole day if it is more than a half-day. For compliance with the Working Time Regulations and work/life balance you should ensure you take your holiday entitlement in the current holiday year. At your manager‟s discretion you may be allowed to carry over up to a maximum of 5 days holiday to the following leave year, but these must be used by the end of March in that year. While you remain employed by the Company you will not be entitled to payment in lieu of any unused holiday entitlement. If you are part-time, we work out your holiday entitlement in hours, not days, as in the following example. (i) Part-time staff member X works six hours a day, four days a week, which is 24 hours a week. Full time staff work 8 hours a day, five days a week, which is 40 hours per week. (ii) Full-time staff are entitled to 23 days holiday plus 8 bank holidays each year. This amounts to 31 days or 248 hours. (iii) Part-time staff member X will be entitled to holidays in proportion to a full-time member of staff, which is 24 hours divided by 40 hours. (iv) 248 hours x 24/40 = 149 hours. Because the above calculation includes an allowance for bank holidays, if your part-time hours normally fall on a public or bank holiday, we will take this from your holiday entitlement. When we work out your holiday entitlement, we base it on completed calendar months only. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ HRSP (P02) ABSENCE POLICY & PROCEDURE Page 5 of 6 REQUESTING HOLIDAY LEAVE You must get all of your leave authorised in advance by your manager. You must provide as much notice as possible to your manager. This is so we can cover your work while you are away. As a general guide, for each day of leave, you should give your manager at least double the period in notice. For leave of at least 10 working days in a row, you should give at least 20 working days‟ notice. Every endeavour will be made to co-operate with you in fixing the dates of your holiday. We do, however, reserve the right to refuse any holiday request in the interests of the business, for example during a busy period. In unusual circumstances, your manager can, if the business needs come first, cancel any leave arrangements. If this happens, you will be able to take the leave at a later date. The Company will reimburse you as appropriate for any non-recoverable costs. Some, but very few roles deal with highly sensitive and high-risk information and time critical processes. If you work in one of these roles, we ask you to avoid taking holiday leave at set times and your manager will confirm with you when these are. HOLIDAY PAY Holiday pay will be paid at the Basic Rate of Pay. Should you leave the company, you will be entitled to pay in lieu of any unused accrued holiday entitlement for the current holiday year. If you have at that time taken more than your accrued holiday entitlement you will be required to repay to the Company pay received for holiday taken in excess of your holiday entitlement. For the purpose of calculating any holiday pay due to you or owed by you to the Company, one day‟s pay shall th be 1/260 of your total annual pay (based on an average 40 hour week). If you work part-time hours this calculation figure may be different and the Finance Department can advise you accordingly. HOLIDAYS WITHOUT PAY New members of staff who have made holiday arrangements before they join us should let us know immediately. Also speak to your manager when you start work. If it is agreed that you can take holidays in excess of your first-year accrued entitlement, they will be treated as unpaid. UNPAID LEAVE Your manager will consider requests for unpaid leave. Each case will be treated on its merits. OTHER LEAVE MATERNITY, PATERNITY, AND PARENTAL LEAVE Please see relevant separate policies. COMPASSIONATE LEAVE If someone close to you dies or there is a serious emergency involving a member of your immediate family, you may need special and compassionate leave. If this happens, please talk to your manager as soon as possible. Each case and how the time away is dealt with will be based on the individual merits of the situation, but usually the maximum amount of paid leave will be 3 days. DEPENDANT LEAVE If there is an emergency relating to someone who is dependant on you for support, you may take reasonable time off to deal with the immediate issue (e.g. a child having to be taken out of school because of sickness). This time would usually be unpaid and unlikely to exceed one or two days. LEAVE FOR JURY SERVICE AND GOING TO COURT We accept that occasionally, you may have statutory, civic and legal responsibilities – such as jury service and requests to appear in court as a witness. If this happens, please tell your manager as soon as possible. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ ABSENCE POLICY & PROCEDURE HRSP (P02) Page 6 of 6 Should your responsibilities become protracted due to the circumstances of a case, please advise us at the earliest opportunity so that we can manage your continued period of absence. When you have completed your duty, you will receive a certificate to confirm the amount the court has paid you. Please send this to your manager as soon as possible so that the Finance Department can arrange for an equal amount to be taken from your pay. If you are the claimant or defendant in court proceedings, we will not allow extra paid leave but you will be entitled to use holiday or unpaid leave. If you undertake any other duties such as those of a magistrate or member of a tribunal, please ensure your manager is aware as soon as possible together with the likely number of days that you are needed. Your salary will be adjusted accordingly. MILITARY LEAVE If you are a member of the Territorial Army (TA) or the armed forces reserves (AFR), please tell your manager as soon as you become a member and immediately you are given any dates for training or called up for duties. Your salary will be adjusted as above. MEDICAL AND DENTAL APPOINTMENTS (OTHER THAN THOSE RELATED TO PREGNANCY) Wherever possible, you should arrange medical and dental appointments outside working hours or at a time to cause as little disruption to your work as possible. However, if this is not possible, your manager will be happy to discuss your needs and how you can return the flexibility shown. STUDY LEAVE We provide study leave if we sponsor your studies, the details of which will be agreed with you when sponsorship is confirmed. Any other paid study leave or leave for the purposes of taking exams will be at the absolute discretion of the Company. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ MATERNITY & SHARED PARENTAL LEAVE POLICY & PROCEDURE HRSP (P03) Page 1 of 14 MATERNITY LEAVE POLICY POLICY STATEMENT We value highly all our staff and wish to encourage all female members of staff to return to work after taking maternity leave. We also recognise that arrangements for cover during the period of maternity leave and additional leave, as well as arrangements for communication during maternity leave, are important for ensuring a smooth transition at every stage. This policy applies to all full-time and part-time employees. HEALTH AND SAFETY If you are employed in a position, which has been identified through a risk assessment as posing a risk to your health or that of your unborn child, you will be notified immediately, and arrangements will be made to eliminate that risk. For this reason you are required to notify your manager as soon as you are aware that you may be pregnant to enable us to carry out a Risk Assessment. Arrangements will then be made to alter your working conditions, if necessary, or, if this is not possible, you will be offered a suitable alternative job for the duration of your pregnancy. If there is no alternative work we reserve the right to suspend you on full pay until you are no longer at risk. These alternative arrangements may continue for six months after the birth of your child if you are still considered to be at risk. If you have any concerns about your own health and safety at any time, you should consult your manager immediately. OVERVIEW The following rules reflect the statutory entitlements. ORDINARY MATERNITY LEAVE (OML) You are entitled to take (should you wish to) up to 26 weeks’ maternity leave, irrespective of your length of service or the number of hours you work each week, provided you comply with the notification requirements below. You have the right to return to the same job after OML on the same terms and conditions as before your leave began. ADDITIONAL MATERNITY LEAVE (AML) You are also entitled to take (should you wish to) up to a further 26 weeks’ maternity leave, irrespective of your length of service or the number of hours you work each week. This is in addition to, and immediately follows on from, OML (there should be no gap between the two) making a total of (up to) 52 weeks. If it is not reasonably practicable for you to return to your old job, you will have the right to return to a suitable and appropriate job on terms and conditions no less favourable that those you would have enjoyed if you had not been absent. COMPULSORY MATERNITY LEAVE Legislation prohibits you, for health and safety reasons, from returning to work during the two-week period immediately after the birth of your child. NOTICE OF RETURN If you wish to return to work earlier than at the end of Additional Maternity Leave or earlier than a previously declared return date then you must give the Company eight weeks’ notice of that change. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ MATERNITY & SHARED PARENTAL LEAVE POLICY & PROCEDURE HRSP (P03) Page 2 of 14 MATERNITY PAY Maternity Leave and Pay are separate entitlements. Statutory Maternity Pay (SMP) for those who qualify (see below for more details) is 39 weeks. The first six weeks will be at 90% of salary, the remainder at the current SMP rate (provided your normal salary is equal to or exceeds the National Insurance Lower Earnings Limit). The Company will top up the first week of your maternity pay from 90% SMP to full pay. KEEPING IN TOUCH Reasonable contact between you and the Company is permitted at any stage during your maternity leave. You can also work (paid) for up to ten days during your maternity leave period with the Company, without losing any statutory payments (although if you work more than ten days you will lose those respective days entitlement). These days could be for training or just for ‘keeping in touch’. There is no obligation for the Company to offer you work during your maternity leave or for you to take up that offer. If the opportunity for any such days arise we will contact you to discuss. OTHER ENTITLEMENTS You may also have the right to ordinary parental leave and the right to request flexible working. Please see relevant policies for further details on these and entitlements if adopting. Details on emergency dependent leave can be found in the Absence Policy. RULES AND PROCEDURES MATERNITY LEAVE NOTIFICATION REQUIREMENTS No later than the end of the 15th week before the Expected Week of Childbirth (EWC) you must give notice in writing addressed to your manager. That notice must confirm: That you are pregnant The week in which your child is due Whether you intend to take OML, and AML When you want your maternity leave to start; this date cannot be earlier than the 11th week before the EWC You should enclose a Form MAT B1 signed by your GP or midwife, which confirms the EWC, with your letter. If you notify your manager of your intended maternity leave start date, or your OML period has been triggered due to premature absence or premature childbirth, we will confirm to you in writing within 28 days of notification: The date on which your OML period will end, and The date on which your AML period will end. The date on which Maternity Pay will start (if applicable). As soon as practicable after the notification of your pregnancy, arrangements will be made for you to meet with your Manager or the Company’s HR Supervisor. This will be an informal discussion to ensure that you understand: Your rights to OML and AML, including the requirements for you to give appropriate notice. Any possible health and safety issues The arrangements for time off Your entitlements to any payment during maternity leave Your right to return to work, and whether there may be any potential opportunities for Flexible Working If you have properly notified the Company in advance of the date on which you wish to start your maternity leave, you may vary that date provided you notify your manager in writing of the variation at least 28 days before the date varied, or 28 days before the new date, whichever is the earlier. Before starting your maternity leave you will be informed of the arrangements for covering your work and also for providing you with opportunities to remain in contact whilst you are on maternity leave. As far as Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ MATERNITY & SHARED PARENTAL LEAVE POLICY & PROCEDURE HRSP (P03) Page 3 of 14 possible, these arrangements will be finalised in consultation with you. If you have staff reporting to you, we will endeavour to ensure you are involved in all decisions relating to the temporary reporting arrangements to cover your maternity leave. In addition, you will usually remain on circulation lists for internal memoranda and other documents, and will be included in invitations to work-related social events, unless you say otherwise. If you are absent from work wholly or partly because of illness owing to your pregnancy at any time after the start of the fourth week before your child is due, your maternity leave will automatically start on the first day after your absence begins. As such, you do not need to notify your manager that you intend maternity leave to start, but you will not be entitled to OML unless you have notified your manager in writing as soon as is reasonably practicable, that you are absent from work wholly or partly because of pregnancy, and of the date on which your absence on that account began. If you give birth before your OML was due to start, your OML period will begin on the day that follows the day on which childbirth occurred. You will not be entitled to OML unless you notify your manager in writing as soon as is reasonably practicable after the birth that you have given birth and the date on which the birth occurred. TIME OFF FOR ANTENATAL CARE You are entitled to take time off during your normal working hours to receive antenatal care, although whenever it is possible to do so you should arrange your appointments at the start or end of your working day. Antenatal care includes appointments with your GP, hospital clinics and relaxation classes. You may be required to produce an appointment card or some other document confirming all appointments other than the first. You should advise your manager that you will be absent as far in advance of your appointment as possible. There will be no deduction from your salary for attendance at authorised antenatal appointments, including any time spent travelling to and waiting for the appointment STILLBIRTH If you suffer a stillbirth after 24 weeks of pregnancy, you will still have the right to take maternity leave or; If the baby is born alive at any point in the pregnancy but dies later, you will be entitled to paid maternity leave in the usual way. DURING MATERNITY LEAVE We will try to ensure that your maternity leave does not cause you any disadvantage in relation to your training needs and/or self-development. We will try to avoid you being put into a position of potential redundancy while on maternity leave. If job losses are unavoidable, you will be given consideration for any suitable alternative employment that may arise. If you have not worked any ‘keeping in touch days’, at least two weeks before you are due to return to work, you may be invited for an informal meeting with your manager in order to provide an opportunity for discussion of any points concerning your return to work. These would include: Updating you on developments at work Providing an opportunity to discuss and explain any necessary and unavoidable changes to your work. Considering whether any retraining needs have arisen, because of being out of the workplace for a while, any changes in practices, or new technical or other developments Providing you with the opportunity of indicating whether you wish to be considered for flexible working, if this is a possibility. The opportunities for flexible working will depend on the needs of the business, but we recognise that you may be interested in reducing your working hours or working at home for a while after returning from maternity leave. We will make every effort to accommodate requests for part-time working, provided that your duties can still be effectively carried out on such a basis. Any request for a contract variation should be made under the Flexible Working Policy. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ MATERNITY & SHARED PARENTAL LEAVE POLICY & PROCEDURE HRSP (P03) Page 4 of 14 RETURNING TO WORK You have the automatic right to come back to work following maternity leave and it is assumed you will return unless you say otherwise. You are required to give us 28 days’ notice prior to your return to work date to enable us to plan for your return. If you wish to return before your maternity leave entitlement has ended or on a different date than originally agreed, you must give us at least eight weeks’ notice of the date on which you intend to return. If you return to work immediately after a period of Ordinary Maternity Leave, you will return to work in the same job that you left before you started your maternity leave. If for health and safety reasons you were doing a different job from your usual one while you were pregnant, you may be required to return to that different job for a short time if you are still at risk when you return to work. If you return to work from a period of Additional Maternity Leave you will be entitled to return to the job in which you were employed before your absence or, if that is not reasonably practicable for the Company, then return to another job, which is both suitable and appropriate in the circumstances. Your right to return after AML means that you return on terms and conditions no less favourable than those that would have been applied if you had not been absent and with the same level of seniority and other similar rights. If you decide not to return to work, then we would ask you to notify your manager of your decision immediately. You must give at least notice in accordance with the terms of your contract. As long as you specify the date you wish to terminate the contract, this will not, of itself, mean that you are no longer entitled to maternity leave or pay for the rest of the maternity leave period. MATERNITY PAY If you have at least 26 complete weeks’ continuous service at the start of the 15th week before your child is born you will normally be entitled to receive Statutory Maternity Pay (SMP) whether or not you intend to return to work. Maternity pay is payable at two levels for a maximum of 39 weeks Subject to your salary being at least equal to the National Insurance Lower Earnings Limit (averaged over the previous eight weeks), for the first six weeks of maternity leave you will be paid at the higher rate of 90% of your salary (unless your pay falls below the Statutory Maternity Pay level), topped up to full pay for the first week. After the first six weeks you will be paid at the Statutory Maternity Pay level, which is in force at the time (please ask the Finance Department for the current rates). To be entitled to maternity pay, you must, where possible, give 28 days’ notice in writing of your absence on maternity grounds (as above). If you are given a pay rise at any time between the end of your calculation period and the end of your maternity leave, even if it is not backdated, you are treated as having received it during the calculation period and your SMP should be recalculated so that you receive a backdated increase You would still retain the right to 39 weeks SMP even if you work right up to the birth of your baby. Your maternity pay will be paid into your bank account on the same date that you would have received your salary and will be subject to the usual deductions for tax, National Insurance and any pension contributions. If you do not qualify for maternity pay you may be able to claim State Maternity Allowance. The HR Department will be able to advise you on how to claim this. STATUTORY SICK PAY AND MATERNITY PAY During the 39-week Statutory Maternity Pay period you are disqualified from receiving Statutory Sick Pay even if you return to work during those 39 weeks. However you may be able to claim any outstanding Statutory Maternity Pay instead. If you cannot return to work at the end of your Maternity Leave because you are ill, you should notify your manager as soon as possible, at which time the normal sick pay rules and procedure will apply. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ MATERNITY & SHARED PARENTAL LEAVE POLICY & PROCEDURE HRSP (P03) Page 5 of 14 CONTRACTUAL BENEFITS You will continue to receive your contractual benefits during your ordinary and additional maternity leave periods (apart from any remuneration). HOLIDAYS While you are on OML and AML your contractual holiday entitlement continues to accrue. You cannot take holiday leave during maternity leave although you can take it before or at the end of maternity leave providing it is taken in the year to which it applies unless you agree with your manager that any of the outstanding holiday can be carried over OTHER ENTITLEMENTS You may also have the right to ordinary parental leave and the right to request flexible working. Please see relevant policies for further details on these and entitlements if adopting. Details on emergency dependent leave can be found in the Absence Policy. GRIEVANCES RELATED TO MATERNITY RIGHTS If you are dissatisfied with any decision made in respect of your maternity rights, you should raise your complaint informally with your manager first and then through the formal grievance procedure, if necessary. SHARED PARENTAL LEAVE POLICY (Note: Applies to parents of children expected to be born on or after 5 April 2015). POLICY Shared parental leave is available to parents with babies due on or after 5 April 2015. Shared parental leave enables mothers to commit to ending their maternity leave and pay at a future date and to share the untaken balance of leave with their partner. This allows a mother to return to work early from maternity and opt to take shared parental leave and pay at a later date if they so choose. Shared parental leave should not be confused with ordinary parental leave, which is unaffected by shared parental leave. Ordinary parental leave is the entitlement to up to 18 weeks' unpaid leave for all employees with children up until the age of 18. (See Ordinary Parental Leave Policy) The company recognises that, from time to time, employees may have questions or concerns relating to their shared parental leave rights. It is our policy to encourage open discussion with employees to ensure that questions and problems can be resolved as quickly as possible. As the shared parental leave provisions are complex, you should discuss this and seek advice from the HR Supervisor, who will be best placed to answer your questions and also to ensure that the procedures are followed correctly. SCOPE OF THIS SHARED PARENTAL LEAVE POLICY This policy applies in relation to employees of the company, whether you are the mother or the partner concerned. If you are the mother who is employed by the company, your partner must (where relevant) submit any notifications to take shared parental leave set out in this policy to their own employer, which may have its own shared parental leave policy in place, if they want to take a period of shared parental leave. Similarly, if you are the partner who is employed by the company, the mother must (where relevant) submit any notifications to take shared parental leave to her own employer. The mother and the partner should ensure that they are each liaising with their own employer to ensure that requests for shared parental leave are handled as smoothly as possible. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ MATERNITY & SHARED PARENTAL LEAVE POLICY & PROCEDURE HRSP (P03) Page 6 of 14 AMOUNT OF SHARED PARENTAL LEAVE AVAILABLE The amount of shared parental leave to which an individual is entitled will depend on when the mother brings her maternity leave period to an end and the amount of leave that the other parent takes in respect of the child. Shared parental leave must be taken in blocks of at least one week. The employee can request to take shared parental leave in one continuous block (in which case the company is required to accept the request as long as the employee meets the eligibility and notice requirements), or as a number of discontinuous blocks of leave (in which case the employee needs the organisation's agreement). A maximum of three requests for leave per pregnancy can normally be made by each parent. The first two weeks following birth are the compulsory maternity leave period and are reserved for the mother. This means that the mother cannot curtail her maternity leave to take shared parental leave until two weeks after the birth. The maximum period that the parents could take as shared parental leave is 50 weeks between them (although it will normally be less than this in cases of maternity leave given that mothers usually take time off before the birth). The mother's partner can begin a period of shared parental leave at any time from the date of the child's birth (but if you are the partner, you should bear in mind that you are entitled to take up to two weeks' ordinary paternity leave following the birth of your child, which you will lose if shared parental leave is taken first). The mother and partner must take any shared parental leave within 52 weeks of birth. ELIGIBILITY FOR SHARED PARENTAL LEAVE For employees to be eligible to take shared parental leave, both parents must meet certain eligibility requirements. Mother's eligibility for shared parental leave As a mother, you are eligible for shared parental leave if you: have at least 26 weeks' continuous employment ending with the 15th week before the expected week of childbirth and remains in continuous employment with the company until the week before any period of shared parental leave that you take; has, at the date of the child's birth, the main responsibility, apart from the partner, for the care of the child; is entitled to statutory maternity leave in respect of the child; and Comply with the relevant maternity leave curtailment requirements (or has returned to work before the end of statutory maternity leave), and shared parental leave notice and evidence requirements. In addition, for the mother to be eligible for shared parental leave, the partner must: have been employed or been a self-employed earner in at least 26 of the 66 week immediately preceding the expected week of childbirth; have average weekly earnings of at least the maternity allowance threshold for any 13 of those 66 weeks; and have, at the date of the child's birth, the main responsibility, apart from the mother, for the care of the child. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ MATERNITY & SHARED PARENTAL LEAVE POLICY & PROCEDURE HRSP (P03) Page 7 of 14 Partner's eligibility for shared parental leave The partner is eligible for shared parental leave if they: have at least 26 weeks' continuous employment ending with the 15th week before the expected week of childbirth and remains in continuous employment with the company until the week before any period of shared parental leave that they take; have, at the date of the child's birth, the main responsibility, apart from the mother, for the care of the child; and comply with the relevant shared parental leave notice and evidence requirements. In addition, for the partner to be eligible for shared parental leave, the mother must: have been employed or been a self-employed earner during at least 26 of the 66 weeks immediately preceding the expected week of childbirth; have average weekly earnings of at least the maternity allowance threshold for any 13 of those 66 weeks; have, at the date of the child's birth, the main responsibility, apart from the partner, for the care of the child; be entitled to statutory maternity leave, statutory maternity pay or maternity allowance in respect of the child; and comply with the relevant maternity leave or pay curtailment requirements (or have returned to work before the end of statutory maternity leave). Notice requirements for shared parental leave The notices that the parents must give to the relevant employer to be able to take shared parental leave are made up of three elements. They are: a "maternity leave curtailment notice" from the mother setting out when she proposes to end her maternity leave (unless the mother has already returned to work from maternity leave); a "notice of entitlement and intention" from the employee giving an initial, non-binding indication of each period of shared parental leave that they are requesting; and a "period of leave notice" from the employee setting out the start and end dates of each period of shared parental leave that they are requesting. The notice periods set out below (see Mother's notice curtailing maternity leave, Employee's notice of entitlement and intention and Employee's period of leave notice) are the minimum required by law. However, the earlier the employee informs their company or organisation of their intentions, the more likely it is that the company or organisation will be able to accommodate the employee's wishes, particularly they want to take periods of discontinuous leave. Employees are advised that, if they have already decided the pattern of shared parental leave that they would like to take, they can provide more than one type of notice at the same time. For example, the mother could provide a maternity leave curtailment notice, notice of entitlement and intention and period of leave notice at the same time. Similarly, the partner could provide their notice of entitlement and intention and period of leave notice at the same time. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ MATERNITY & SHARED PARENTAL LEAVE POLICY & PROCEDURE HRSP (P03) Page 8 of 14 Mother's notice curtailing maternity leave Before the mother or partner can take shared parental leave, the mother must either return to work before the end of her maternity leave (by giving the required eight weeks' notice of her planned return) or provide her employer with a maternity leave curtailment notice. The maternity leave curtailment notice must be in writing and state the date on which maternity leave is to end. That date must be: after the compulsory maternity leave period, which is the two weeks after birth; at least eight weeks after the date on which the mother gave the maternity leave curtailment notice to her employer; and at least one week before what would be the end of the additional maternity leave period. The mother must provide her maternity leave curtailment notice at the same time she provides either her notice of entitlement and intention or a declaration of consent and entitlement signed by the mother confirming that her partner has given their employer a notice of entitlement and intention (see Employee's notice of entitlement and intention below). Revocation of maternity leave curtailment notice The mother can withdraw her notice curtailing her maternity leave in limited circumstances. The withdrawal of a maternity leave curtailment notice must be in writing and can be given only if the mother has not returned to work. The mother can withdraw her maternity leave curtailment notice if: it is discovered that neither the mother nor the partner are entitled to shared parental leave or statutory shared parental pay and the mother withdraws her maternity leave curtailment notice within eight weeks of the date on which the notice was given; the maternity leave curtailment notice was given before the birth of the child and the mother withdraws her maternity leave curtailment notice within six weeks of the child's birth; or the partner has died. Employee's notice of entitlement and intention The employee, whether the mother or the partner, must provide the company or organisation with a nonbinding notice of entitlement and intention. The employee's notice of entitlement and intention, which must be in writing and provided at least eight weeks before the start date of the first period of shared parental leave to be taken by the employee, must set out the following information. If the employee is the mother, the notice of entitlement and intention must set out: the mother's name; the partner's name; the start and end dates of any statutory maternity leave taken or to be taken by the mother; the total amount of shared parental leave available; the child's expected week of birth and the child's date of birth (although, if the child has not yet been born, the date of birth can be provided as soon as reasonably practicable after birth, and before the first period of shared parental leave to be taken by the mother); how much shared parental leave the mother and partner each intend to take; and a non-binding indication as to when the employee intends to take shared parental leave (including the start and end dates for each period of leave). Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ MATERNITY & SHARED PARENTAL LEAVE POLICY & PROCEDURE HRSP (P03) Page 9 of 14 The mother's notice of entitlement and intention must include a declaration signed by her that: she satisfies, or will satisfy, the eligibility requirements to take shared parental leave; the information she gives in the notice of entitlement and intention is accurate; and she will immediately inform the organisation if she ceases to care for the child. In addition, the mother's notice of entitlement and intention must include a declaration signed by her partner; specifying the partner's name, address, and national insurance number (or declaring that the partner does not have a national insurance number); declaring that the partner satisfies, or will satisfy, the conditions set out above (see Mother's eligibility for shared parental leave); declaring that the partner is the father of the child, or is married to, the civil partner of, or the partner of, the mother; declaring that the partner consents to the amount of leave that the mother intends to take; and declaring that the partner consents to the mother's employer processing the information in the partner's declaration. If the employee is the partner, the partner's notice of entitlement and intention must set out: the partner's name; the mother's name; the start and end dates of any periods of statutory maternity leave, statutory maternity pay or maternity allowance taken or to be taken by the mother; the total amount of shared parental leave available; the child's expected week of birth and the child's date of birth (although, if the child has not yet been born, the date of birth can be provided as soon as reasonably practicable after birth, and before the first period of shared parental leave to be taken by the partner); how much shared parental leave the partner and mother each intend to take; and a non-binding indication as to when the partner intends to take shared parental leave (including the start and end dates for each period of leave). The partner's notice of entitlement and intention must include a declaration signed by the partner that: they satisfy, or will satisfy, the eligibility requirements to take shared parental leave; the information given by the partner in the notice of entitlement and intention is accurate; and; they will immediately inform the company or organisation if they cease to care for the child or if the mother informs them that she no longer meets the requirement to have curtailed her maternity leave or pay period. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ MATERNITY & SHARED PARENTAL LEAVE POLICY & PROCEDURE HRSP (P03) Page 10 of 14 In addition, the partner's notice of entitlement and intention must include a declaration signed by the mother: specifying the mother's name, address, and national insurance number (or declaring that the mother does not have a national insurance number); declaring that the mother satisfies, or will satisfy, the conditions set out above (see Partner's eligibility for shared parental leave) and she will notify the partner if she no longer qualifies for maternity leave, statutory maternity pay or maternity allowance; declaring that the mother consents to the amount of leave that the partner intends to take; declaring that she will immediately inform the employee if she no longer meets the requirement to have curtailed her maternity leave or pay period; and declaring that the mother consents to the partner's employer processing the information in the mother's declaration. Within 14 days of receiving a notice of entitlement and intention from the employee, whether the mother or partner, the company or organisation can request from the employee: a copy of the child's birth certificate (or, if the child has not been born, a copy of the birth certificate within 14 days of the birth - if the birth certificate has yet to be issued after this period, a signed declaration stating the date and location of the child's birth will suffice); and the name and address of the other parent's employer (or a declaration that the other parent has no employer). The employee has 14 days from the date of the request to send the company or organisation the required information. Variation or cancellation of notice of entitlement and intention The employee can vary or cancel their proposed shared parental leave dates following the submission of a notice of entitlement and intention, provided that they provides the organisation with written notice. The written notice must contain: an indication as to when the employee intends to take shared parental leave (including the start and end dates for each period of leave); details of any periods of shared parental leave that have been notified through a period of leave notice; details of any periods of statutory shared parental pay that have been notified in relation to periods where shared parental leave was not to be taken; and a declaration signed by the mother and the partner that they agree to the variation. Any indication of leave intended to be taken that the employee provides in a variation of notice of entitlement and intention is non-binding until they provide a period of leave notice in relation to that period of leave. There is no limit on the number of variations of notice of entitlement and intention that the employee can make. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ MATERNITY & SHARED PARENTAL LEAVE POLICY & PROCEDURE HRSP (P03) Page 11 of 14 Employee's period of leave notice To take a period of shared parental leave, the employee must provide the company with a written notice setting out the start and end dates of each period of shared parental leave requested in that notice. A period of leave notice must be given not less than eight weeks before the start date of the first period of shared parental leave requested in the notice. The notice may be given at the same time as a notice of entitlement and intention and can be a request for a continuous period of leave or discontinuous periods of leave. Variation or cancellation of period of leave notice The employee can vary or cancel their proposed shared parental leave dates following the submission of a period of leave notice, provided that they provides their employer with a written notice not less than eight weeks before any period of leave varied or cancelled by the notice is due to commence. The written notice can: vary the start date or the end date of any period of shared parental leave or cancel a request for leave; request that a continuous period of leave become discontinuous periods of leave; or request that discontinuous periods of leave become a continuous period of leave. Limit on number of requests for leave The employee can provide a combined total of up to three period of leave notices or variations of period of leave notices per pregnancy, although the organisation may waive this limit in some circumstances. Continuous period of shared parental leave If the employee submits a period of leave notice requesting one continuous period of leave, they will be entitled to take that period of leave. Discontinuous periods of shared parental leave The employee may submit a period of leave notice requesting discontinuous periods of leave. For example, the mother and partner could request a pattern of leave from their respective employers that allows them to alternate childcare responsibilities. If the employee submits a period of leave notice requesting discontinuous periods of leave, the organisation, in the two weeks beginning with the date the period of leave notice was given, can: consent to the pattern of leave requested; propose an alternative pattern of leave; or refuse the pattern of leave requested. If agreement is reached within those two weeks, the employee is entitled to take the leave on the dates agreed. If no agreement has been reached within that two-week discussion period, the employee is entitled to take the leave as one continuous period of leave. In that event, the employee must choose a start date for the leave that is at least eight weeks from the date on which the period of leave notice was originally given. The employee must notify the company or organisation of that date within five days of the end of the two-week Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ MATERNITY & SHARED PARENTAL LEAVE POLICY & PROCEDURE HRSP (P03) Page 12 of 14 discussion period. If the employee does not choose a start date within five days of the end of the two-week discussion period, the period of continuous leave will start on the date of the first period of leave requested in the period of leave notice. Alternatively, if the organisation has refused the request or no agreement has been reached during the twoweek discussion period, the employee may withdraw a period of leave notice requesting discontinuous periods of leave. The employee can withdraw a period of leave notice at any time on or before the 15th day after the period of leave notice was given. A notice for discontinuous leave that has been withdrawn before it is agreed does not count towards the total number of requests for leave that an employee can make. AMOUNT OF SHARED PARENTAL PAY AVAILABLE Statutory shared parental pay is available for eligible parents to share between them while on shared parental leave. The number of weeks' statutory shared parental pay available to the parents will depend on how much statutory maternity pay or maternity allowance the mother has been paid when her maternity leave or pay period ends. A total of 39 weeks' statutory maternity pay or maternity allowance is available to the mother. As there is a compulsory maternity leave period of two weeks, this means that a mother who ends her maternity leave at the earliest opportunity could share up to 37 weeks' statutory shared parental pay with her partner (although it will normally be less than this because of the maternity leave that mothers usually take before the birth). Any statutory shared parental pay due during shared parental leave will be paid at a rate set by the Government for the relevant tax year, or at 90% of the employee's average weekly earnings, if this figure is lower than the Government's set weekly rate. It is up to the parents as to who is paid the statutory shared parental pay and how it is apportioned between them. ELIGIBILITY FOR STATUTORY SHARED PARENTAL PAY For employees to be eligible for statutory shared parental pay, both parents must meet certain eligibility requirements. Mother's eligibility for statutory shared parental pay The mother is eligible for statutory shared parental pay if she: has at least 26 weeks' continuous employment ending with the 15th week before the expected week of childbirth and remains in continuous employment with her employer until the week before any period of shared parental pay that she gets; has normal weekly earnings for a period of eight weeks ending with the 15th week before the expected week of childbirth of at least the lower earnings limit for national insurance contribution purposes; has, at the date of the child's birth, the main responsibility, apart from the partner, for the care of the child; is absent from work and intends to care for the child during each week in which she receives statutory shared parental pay; and is entitled to statutory maternity pay in respect of the child, but the maternity pay period has been reduced. In addition, for the mother to be eligible for statutory shared parental pay, the partner must: Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ MATERNITY & SHARED PARENTAL LEAVE POLICY & PROCEDURE HRSP (P03) Page 13 of 14 have been employed or been a self-employed earner during at least 26 of the 66 weeks immediately preceding the expected week of childbirth; have, at the date of the child's birth, the main responsibility, apart from the mother, for the care of the child; and have average weekly earnings of at least the maternity allowance threshold for any 13 of those 66 weeks. Partner's eligibility for statutory shared parental pay The partner is eligible for statutory shared parental pay if they: have at least 26 weeks' continuous employment ending with the 15th week before the expected week of childbirth and remains in continuous employment with their employer until the week before any period of shared parental pay that they get; has normal weekly earnings for eight weeks ending with the 15th week before the expected week of childbirth of at least the lower earnings limit for national insurance contribution purposes; has, at the date of the child's birth, the main responsibility, apart from the mother, for the care of the child; and is absent from work and intends to care for the child during each week in which he/she receives statutory shared parental pay. In addition, for the partner to be eligible, the mother must: have been employed or been a self-employed earner during at least 26 of the 66 weeks immediately preceding the expected week of childbirth; have average weekly earnings of at least the maternity allowance threshold for any 13 of those 66 weeks; have, at the date of the child's birth, the main responsibility, apart from the partner, for the care of the child; and be entitled to statutory maternity pay or maternity allowance in respect of the child, but the maternity pay period or maternity allowance period has been reduced. RIGHTS DURING SHARED PARENTAL LEAVE During shared parental leave, all terms and conditions of the employee's contract except normal pay will continue. Salary will be replaced by statutory shared parental pay if the employee is eligible for it. This means that, while sums payable by way of salary will cease, all other benefits will remain in place. For example, holiday entitlement will continue to accrue. Pension contributions will continue to be paid. CONTACT DURING SHARED PARENTAL LEAVE The company reserves the right to maintain reasonable contact with employees during shared parental leave. This may be to discuss employees' plans for their return to work, to discuss any special arrangements to be made or training to be given to ease their return to work or to update them on developments at work during their absence. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ MATERNITY & SHARED PARENTAL LEAVE POLICY & PROCEDURE HRSP (P03) Page 14 of 14 An employee can agree to work for the organisation (or to attend training) for up to 20 days during shared parental leave without that work bringing the period of their shared parental leave and pay to an end. These are known as "shared-parental-leave-in-touch" (SPLIT) days. The company has no right to require employees to carry out any work and employees have no right to undertake any work during their shared parental leave. Any work undertaken, and the amount of salary paid for any work done on SPLIT days, is entirely a matter for agreement between employees and the company. If you are entitled to receive statutory shared parental pay for any week during which you attend work for SPLIT days, you will still receive this in the usual way, topped up to your normal hourly rate of pay. RETURNING TO WORK FOLLOWING SHARED PARENTAL LEAVE The employee has the right to resume working in the same job when returning to work from shared parental leave if the period of leave, when added to any other period of shared parental leave, statutory maternity leave or statutory paternity leave taken by the employee in relation to the same child, is 26 weeks or less. If the employee is returning to work from shared parental leave and the period of leave taken is more than 26 weeks, when added to any other period of shared parental leave, statutory maternity or paternity leave taken in relation to the same child, or was the last of two or more consecutive periods of statutory leave that included a period of ordinary parental leave of more than four weeks, or a period of additional maternity leave, the employee has the right to return to the same job unless this is not reasonably practicable. In these circumstances, if it is not reasonably practicable for the organisation to permit a return to the same job, the employee has the right to return to another job that is suitable and appropriate for them. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ ADOPTION LEAVE POLICY & PROCEDURE HRSP (P04) Page 1 of 2 ADOPTION LEAVE POLICY POLICY STATEMENT We recognise that Adoption Leave or Adoption Paternity Leave, can be taken by either an adoptive mother or father. We wish to encourage all members of staff to return to work after taking Adoption Leave. We also recognise that arrangements for cover during the period of Adoption leave, as well as arrangements for communication during Adoption leave, are important for ensuring a smooth transition at every stage. This policy applies to all full-time and part-time employees. OVERVIEW The following rules reflect the statutory entitlements: Ordinary and Additional Adoption leave and pay will be available to you: If you are newly matched with a child for adoption within the UK by an approved adoption agency. This right will not therefore apply to, e.g. step-parents adopting a stepchild, adopting through surrogacy, private adoptions (Qualification rules are slightly different if you are adopting from abroad, please contact HR for information). If you have been employed continuously by the Company for 26 weeks leading into the week in which you are notified of being matched with a child for adoption. If you are one member of a couple where the couple adopt jointly. In this case, the couple may choose which partner takes adoption leave. You will be asked to provide the following evidence: The name and address of the adoption agency; The date you were notified of having been matched with the child; The date on which the child is expected to be placed for adoption or, in the case of Statutory Adoption Pay (SAP), if it has already happened, the actual date of placement; For SAP, a declaration that you have chosen to receive SAP rather than Statutory Paternity Pay (SPP). LENGTH OF LEAVE You are entitled to up to 26 weeks’ ordinary adoption leave followed immediately by up to 26 weeks’ additional adoption leave (presuming you qualify for the leave), thus giving a maximum of 52 weeks’ leave in total. Only one period of leave is available even if you are adopting more than one child. If the child’s placement ends during adoption leave, you will be able to take up to eight weeks’ adoption leave after the end of the placement. WHEN CAN ADOPTION LEAVE START? Adoption leave can start: from the date of the child’s placement (whether this is earlier or later than expected) or from a fixed date which can be up to 14 days before the expected date of placement. ADOPTION PAY The statutory adoption pay scheme provides for 39 weeks’ pay at the statutory weekly level or 90% of your average weekly earnings if this is less than the statutory weekly level. Please ask the Finance Department for the current statutory amount. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ ADOPTION LEAVE POLICY & PROCEDURE HRSP (P04) Page 2 of 2 NOTIFICATION You are required to inform your manager in writing of your intention to take adoption leave within seven days of being notified by your adoption agency that you have been matched with a child for adoption, unless this is not reasonably practicable. You will need to state: when the child is expected to be placed with you and when you want your adoption leave to start. You will also have to provide us with a ‘matching certificate’ from the adoption agency. You can change your mind about the date you want to start your adoption leave but will have to inform your manager at least 28 days in advance, unless this is not reasonably practicable. Once we receive your notice we will write to you within 28 days, setting out the date on which we expect you to return to work if the full entitlement to adoption leave is taken. CONTRACTUAL BENEFITS You will continue to receive your contractual benefits during your ordinary and additional adoption leave periods (apart from remuneration). HOLIDAYS While you are on ordinary and additional adoption leave your holiday entitlement will continue to accrue. You cannot take holiday leave during adoption leave although you can take it before or at the end of adoption leave providing it is taken in the year to which it applies unless you agree with your manager that any of the outstanding holiday can be carried over. RETURNING TO WORK You have the right to return: with your seniority, pension rights (where applicable) and similar rights on terms and conditions no less favourable than those which would have applied if you had not been absent. You will not be subject to any detriment by the Company because you took or sought to take adoption leave. If you wish to return to work before the end of your adoption leave period or another previously agreed date, you must give us at least eight weeks’ advance notice in writing. KEEPING IN TOUCH DAYS You are entitled to work for up to 10 days during your adoption leave without affecting your eligibility to Statutory Adoption Pay. These days could be for training, or just for ‘keeping in touch’. You are under no obligation to work these days. If the opportunity for any such days arises we will contact you to advise you. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ PATERNITY LEAVE POLICY & PROCEDURE HRSP (P05) Page 1 of 2 PATERNITY LEAVE POLICY POLICY STATEMENT You will be eligible for Paternity Leave and Pay if you: Are the father of the child or the mother’s husband or partner (including same-sex partner); Have worked with us for a minimum of 26 weeks by the ‘notification week’ (i.e. the end of the 15th week before the expected week of childbirth (EWC)). Have or expect to have responsibility for the upbringing of the child if you are the father or expect to have the main responsibility for the upbringing of the child if you are the mother’s husband or partner but not the child’s father; Have given the correct notice (see below). Paternity Leave is also available to the partner of an adopter whether male or female. ORDINARY PATERNITY LEAVE (OPL) You can choose to take either one week or two consecutive weeks’ Ordinary Paternity Leave (not occasional days or separate weeks) and you can choose to start your leave: From the date of the child’s birth (whether this is earlier or later than expected) or On a chosen day after the date of the child’s birth (whether this is earlier or later than expected) or From a chosen date which is later than the first day of the EWC. Note: If the child is born before the EWC, Ordinary Paternity Leave must be taken within 56 days of that date, or within 56 days of the actual date of birth of the child. Only one period of leave will be available to you even if more than one child is born as the result of the same pregnancy. NOTICE You are required to inform us of your intention to take Paternity Leave in or before the 15th week before the EWC, unless this is not reasonably practicable. You are required to complete an SC3 form which can be obtained from the HR department. This will detail: The week the baby is expected Whether you wish to take one or two weeks’ leave When you want the leave to start. The SC3 form should be returned to the HR department and you should inform your Manager so they can make the necessary arrangements for your cover. You must inform us, in writing (email is acceptable), as soon as is reasonably practicable after the child’s birth, of the date on which the child was born. If you have given notice of your intention to take Paternity Leave and wish to change the date on which you wish to begin your Paternity Leave, you must give us written notice 28 days before the new period of leave is due to start. If you qualify for Paternity Leave you will be entitled to paid leave if your baby is stillborn after twenty-four weeks of pregnancy. If the baby is born alive at any point in the pregnancy but dies later, you will be entitled to paid paternity leave in the usual way. PAY Providing you have worked for the company for a minimum of 26 weeks, you will be entitled to Statutory Paternity Pay (SPP), topped up to full pay by the Company for Week 1. Week 2 will be paid at the statutory SPP rate. Issue Number - 03 Issue Date – December 2015 Prepared by – AC/PAC/TJ PATERNITY LEAVE POLICY & PROCEDURE HRSP (P05) Page 2 of 2 CONTRACTUAL BENEFITS You are entitled to the benefit of your normal terms and conditions of employment, except for terms relating to wages or salary throughout your Paternity Leave. You may however be entitled to SPP for all or some of this period. You will continue to remain bound by any obligations arising under your contract of employment. RETURN TO WORK AFTER PATERNITY LEAVE You have the right to return on terms and conditions not less favourable than those which would have applied if you had not been absent. You will not be subject to any detriment by the Company because you took or sought to take Paternity Leave. OTHER ENTITLEMENTS You may also have the right to ordinary parental leave and the right to request flexible working. Please see relevant policies for further details on these and entitlements if adopting. Details on emergency dependent leave can be found in the Absence Policy. GRIEVANCES RELATED TO PATERNITY RIGHTS If you are dissatisfied with any decision made in respect of your paternity rights, you should raise your complaint informally with your manager first and then through the formal grievance procedure, if necessary. Both natural and adoptive parents may exercise these rights. Issue Number - 03 Issue Date – December 2015 Prepared by – AC/PAC/TJ ORDINARY PARENTAL LEAVE POLICY & PROCEDURE HRSP (06) Page 1 of 2 ORDINARY PARENTAL LEAVE POLICY Note: Ordinary Parental Leave should not be confused with Shared Parental Leave which is a new entitlement that came into force on 1 December 2014 for eligible parents of children due to be born or adopted on or after 5 April 2015. For details, see Maternity and Shared Parental Leave sections POLICY STATEMENT If you have been in our employment continuously for one year, you are entitled to Ordinary Parental Leave provided you expect to have parental responsibility for a child. This leave is available to you up until the child’s eighteenth birthday. You are entitled to unpaid Ordinary Parental Leave of a maximum of 18 weeks for each child. You also have the right to return to the same job after any period of parental leave, unless your Ordinary Parental leave moves into other statutory leave arrangements, i.e. maternity leave / shared parental leave, where different rules over returning to work apply. Leave must be taken in blocks of one week and for no more than four weeks each year. However, if the child is disabled, the leave can be taken as single days or multiples of a day by agreement with the company. BEFORE TAKING ORDINARY PARENTAL LEAVE As soon as practicable after you have notified us that you intend to take ordinary parental leave, arrangements will be made for you to meet with your manager. This will be an informal interview, the purpose of which is to confirm that: you understand your rights to ordinary parental leave and the requirements to give appropriate notices (see below) the right to return to work is explained, together with any potential opportunities for flexible working arrangements for time off are known, and any possible health and safety concerns are aired you are aware that the leave from work is unpaid. NOTICE Once you have given us notice of your intention to take ordinary parental leave, you must comply with any request made by us to produce for our inspection evidence of your entitlement. Leave must be taken in blocks of one week unless the child is disabled, where the leave can be taken as single days or multiples of a day. The notice given to us must specify your intention to take ordinary parental leave and the dates on which the period of leave is to begin and end. Notice must be given 21 days before the date on which the leave is to begin. You may not take more than four weeks’ leave in respect of an individual child during a particular year. If the operation of the business will be unduly disrupted by the ordinary parental leave, it may be postponed if absolutely necessary. You are not entitled to ordinary parental leave unless you have complied with the request by us to produce evidence of your entitlement. In certain circumstances, we are entitled to postpone a period of parental leave. The types of evidence that we may request is such evidence that shows: your responsibility or expected responsibility for the child in respect of whom you propose to take parental leave the child’s date of birth, or in the case of a child who was placed with you for adoption, the date on which the placement began, and documentation confirming the child qualifies for a Disability Living Allowance. No request will be made by us unless it is reasonable. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ ORDINARY PARENTAL LEAVE POLICY & PROCEDURE HRSP (06) Page 2 of 2 DURING ORDINARY PARENTAL LEAVE Arrangements will be made for cover of your workload, and you will be kept in touch with any important work developments. In addition, we will ensure that you remain on circulation lists for internal memoranda and will be included in invitations to work-related social events as though you were still at work. We will try to ensure that ordinary parental leave does not cause any long term disadvantage to you concerning your training needs and self- development. You are bound during the ordinary parental leave period by your implied obligation to the company of good faith and specific terms relating to notice, disclosure of confidential information, acceptance of gifts and whether you are participating in any other business. The disciplinary and grievance procedures continue to apply, as does any entitlement to compensation for redundancy. RETURNING TO WORK If the period of leave is four weeks or less, you essentially have the right to return to the same job. If the period is for more than four weeks (because it followed on from other statutory leave), then the right is to return to the same job or, if that is not practicable, to a similar job which has the same status, terms and conditions as the old job. If you are entitled to return to the same job, then it means a right to return with the seniority, pension rights if applicable, and similar rights, and on terms and conditions not less favorable than those which would have been applied if you had not been absent. You will not to be subjected to any detriment by the Company for taking or requesting ordinary parental leave. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ FLEXIBLE WORKING POLICY & PROCEDURE HRSP (P07) Page 1 of 2 INTRODUCTION The company believes that flexible working can increase staff motivation, promote work/life balance, reduce employee stress and improve performance and productivity. All employees have the statutory right to request flexible working arrangements and the company will endeavor to grant requests where possible. However, the company may need to place restrictions on the operation of flexible working if it deems it necessary for the proper conduct of its business REQUESTS FOR FLEXIBLE WORKING A request for flexible working could include a request for a change to the number of hours that you work, a request for a change to the pattern of hours worked, a request to job share or a request to perform some or all of the work from home. CONTENTS OF YOUR REQUEST All requests to vary your contract of employment must be made in writing (on the requisite application form, which is available from the HR department) to your line manager, copied to the HR Supervisor. Any request made under this policy must include: the date of the application and a statement confirming that this is a statutory request the changes that you, as the employee, is seeking to make in terms of your working arrangements; the date on which you would like the new arrangements to come into effect; what effect you think the requested change would have on the company and how, in your opinion, any such effect might be dealt with; whether or not you have made a previous application for flexible working; and if you have made a previous request, when you made that application. If you have a disability and this forms part of your request for a reasonable adjustment to your working arrangements, you should state this in your written application. If you need any advice on how to submit a flexible working request, please contact the HR Supervisor for advice and guidance. MEETING TO DISCUSS YOUR FLEXIBLE WORKING REQUEST Once your manager receives your request, it will be dealt with as soon as possible, but no later than the deadline set out below. The line manager will usually arrange a meeting to deal with the request. Where a request can, without further discussion, be approved in the terms stated in the employee's written application, a meeting will not be necessary. You have the right to be accompanied by a work colleague or Trade Union representative at any flexible working meeting. The meeting should take place in a private meeting room so that the discussion is kept away from other employees. The aim of the meeting is to find out more about the proposed working arrangements and how they could be of benefit to both the employee and the company. OUTCOME OF A FLEXIBLE WORKING REQUEST After the meeting, your line manager will consider the proposed flexible working arrangements carefully, weighing up the potential benefits to you as the employee and to the company against any adverse impact of implementing the changes. Each request will be considered on a case-by-case basis: agreeing to one request will not set a precedent or create the right for another employee to be granted a similar change to their working pattern. You will be informed in writing of the decision as soon as is reasonably practicable after the meeting, but no later than the deadline set out below. The request may be granted in full or in part: for example, the company may propose a modified version of the request, the request may be granted on a temporary basis, or the employee may be asked to try the flexible working arrangement for a trial period. You will be given the right to appeal the decision if your request is not upheld or is upheld in part. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ FLEXIBLE WORKING POLICY & PROCEDURE HRSP (P07) Page 2 of 2 REASONS FOR TURNING DOWN A FLEXIBLE WORKING REQUEST Your line manager will give reasons for the rejection of any request. Those reasons must be for one or more prescribed business reasons, which are: the burden of additional costs; an inability to reorganise 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; and a planned structural change to the business. The line manager cannot reject your request for any other reason. FLEXIBLE WORKING REQUESTS THAT ARE GRANTED If your request is granted, you will need to discuss and agree with your line manager how and when the changes will take effect. Any changes to your working arrangements will become a contractual change and will be put in writing to you to formally amend your contract of employment as soon as is reasonably practicable. TIMESCALES All requests will be dealt with within a period of three months from first receipt to notification of the decision on appeal. The line manager should hold the meeting within 28 days of receiving the request and notify the decision you within 14 days of the meeting, so that there is enough time for any appeal to be concluded. APPEAL If you are dissatisfied with the outcome of your request, you can lodge an appeal within 14 days of the notification against the Company’s decision to refuse your application. The notice of appeal must be in writing, dated and addressed to your manager’s manager, copied to the HR Supervisor, setting out the grounds for appeal. The senior manager/director will hold a meeting with you to discuss the appeal within 14 days after the original decision. The time and place of an appeal meeting must be convenient to both you and the company. You have the same right to be accompanied by a work colleague or Trade Union representative as at the initial meeting. Within 14 days after the date of the appeal meeting you will be given a written decision in respect of your appeal. Where the company upholds the appeal the notice must specify the contract variation agreed to, and state the date on which it is to take effect. Where the Company dismisses the appeal, the notice will state the grounds for the decision and contain a sufficient explanation as to why those grounds apply. PROBLEMS WITH A FLEXIBLE WORKING REQUEST If you are dissatisfied or unclear at any stage throughout the process, you should contact the HR Supervisor and discuss your concerns with them. If you are dissatisfied with the way in which your request has been handled, you should raise a grievance under the company's grievance procedure. If you fail to attend a meeting, including an appeal meeting, that has been arranged to discuss your flexible working request without good reason, your application will be deemed to have been withdrawn. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ DISCIPLINARY POLICY, RULES & PROCEDURE HRSP (P08) Page 1 of 3 DISCIPLINARY POLICY, RULES AND PROCEDURE POLICY STATEMENT This non contractual policy and procedure is designed to help and encourage all employees to achieve and maintain the standards of conduct, attendance and job performance that are expected of everyone in the Company. The aim is to ensure that everyone is treated fairly and consistently. It is the responsibility of all employees to familiarise themselves with their conditions of employment and the accepted standards of conduct, attendance and job performance. These are outlined at staff induction, in your contract of employment, the Company Handbook, our policies and procedures, and in the regular reviews you have with your manager. In poor performance cases, where the reason is not within your control (e.g. ill health) the Company’s capability policy and procedure will be used in place of the disciplinary policy and procedure. However, poor performance resulting from, for example, negligence, lack of application or attitudinal problems will be dealt with under the disciplinary procedure. However, where an employee’s absence record has been investigated and the absences are deemed to be of a casual nature unrelated to an underlying health condition, the employee will be dealt with under the disciplinary procedure. PRINCIPLES Issues of a more minor nature will be dealt with through informal discussion in the first instance between you and your manager. The Company will endeavour to keep all records and proceedings confidential. No formal disciplinary action will be taken until the matter has been fully investigated. The Company may decide to suspend you on full pay whilst an investigation relating to alleged conduct takes place if it is appropriate to do so. If there is an issue of poor performance within your control, your manager will ensure that all standards expected have been fully explained and that all the necessary training and support have been made available before the formal procedure is used. Where the issue is related to poor performance outside of your control, e.g. ill health, the Capability Procedure will apply. This procedure should be read in conjunction with the Company’s Absence Policy and Procedure. For issues related to alcohol and drugs please see the Company’s Alcohol and Drugs Policy. You will be advised in writing of the nature of any complaint against you that could lead to disciplinary action being taken. You will have the opportunity to state your case at a disciplinary hearing and be represented at or accompanied, if you wish, by a work colleague or trade union representative. He/she is allowed to put your case to the hearing; to sum up your case and to respond on your behalf to any view expressed at the hearing. He/she can confer with you during the hearing but cannot answer for you, or address the hearing if you do not wish it. A second management representative may be invited to attend formal Disciplinary (or Appeal) meetings in order to act as a witness and/or note taker. You will have the right to appeal against any action taken under the Disciplinary Procedure. An appeal hearing will be arranged as soon as possible and will be conducted, where possible, by a more senior manager. In certain cases, the Company may request external facilitators to act as note-takers, investigators, conciliators, mediators or arbitrators in the interests of seeking a satisfactory outcome for all concerned. For employees during the first two years of employment and for senior managers/directors, the organisation reserves the right to speed up the decision-making process and therefore may choose to follow a truncated version of these procedures. You will not normally be dismissed for a first breach of discipline except in the case of gross misconduct, when the penalty will normally be dismissal without notice and without pay in lieu of notice. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ DISCIPLINARY POLICY, RULES & PROCEDURE HRSP (P08) Page 2 of 3 DISCIPLINARY PROCEDURE INFORMAL STAGE The line manager will be responsible for dealing with minor incidents of misconduct or poor performance. These should be handled informally, promptly and confidentially. Support will be made available to you to reach a satisfactory level of conduct/performance. Wherever possible, the causes of the disciplinary issue, the action to be taken and the review dates should be agreed between you and your manager. The line manager may retain a diary note of the issue and action taken for day-to-day management purposes. The line manager may issue an informal verbal warning. This will not be recorded formally on your personal file. FORMAL STAGE At the conclusion of a formal disciplinary hearing, any of the following actions may be deemed to be appropriate: STAGE 1 – FIRST FORMAL WARNING If conduct or performance is unsatisfactory, or after following informal steps has insufficiently improved, you will be given a formal warning which will be confirmed in writing itemising improvements in conduct or performance that are required. Such warnings will be recorded on your personal file, but will normally be disregarded after six months unless otherwise advised in writing. STAGE 2 – FINAL WRITTEN WARNING If any offence is serious enough to warrant it, or a further offence of a similar kind occurs, or there is no improvement in standards in conduct or performance within the timescale of the first formal warning, a final written warning will be given, which will include the reason for the warning and advice that if the required improvement does not occur within an agreed timescale, action at Stage 3 will be taken. Such warnings will be recorded on your personal file, but normally disregarded after twelve months unless otherwise advised in writing. STAGE 3 – DISMISSAL OR ACTION SHORT OF DISMISSAL If your conduct or performance still fails to improve to required standards then you may be dismissed or another sanction short of dismissal will be invoked such as demotion, transfer to an alternative position, suspension without pay or a final written warning that will be recorded on your personal file for two years or more. Only a Director can take a decision to dismiss. Should this be the case, you will be provided, as soon as reasonably practicable, with written reasons for dismissal and the date on which your employment will terminate. GROSS MISCONDUCT If Gross Misconduct is alleged against an employee, the Company may suspend the employee on full pay pending investigation of the matter. If, following investigation and after a full disciplinary hearing, the Company is satisfied that there has been Gross Misconduct, the outcome will normally be dismissal without notice or payment in lieu of notice (known as summary dismissal). Examples of gross misconduct are (this list is not exhaustive): Theft, fraud, bribery (giving and receiving) Dishonesty or any act of gross misconduct, gross incompetence or gross negligence in the course of your employment or any other repudiatory breach of contract. (A repudiatory breach of contract is a breach which is sufficiently serious to entitle the Company to bring the contract to an end). Entering into any obligations or agreements on behalf of the Company other than as authorised by the Company Falsification of personal or other information, or the deliberate withholding of such information that has or would have a material effect on selection for a job or promotion or similar Deliberate falsification of records including timesheets, life safety documents, overtime sheets and expense claims and fraudulent use of Company credit cards Fighting or assault Acts of bullying, harassment or discrimination Deliberate or reckless damage to Company property or that of work colleagues Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ DISCIPLINARY POLICY, RULES & PROCEDURE HRSP (P08) Page 3 of 3 Unauthorised entry to Company manual records or computer records or programmes A serious breach of the Company's rules on computer, e-mail and Internet usage, including downloading/distributing pornographic material A serious inability to perform work duties through being under the influence of alcohol or drugs The distribution of drugs on Company premises A serious breach of the Company's health and safety rules or a single error due to negligence which causes or could have caused significant loss, damage or injury to the Company, its employees or customers Conviction of a criminal offence that makes a person unsuitable or unable to carry out his or her duties A serious act of insubordination, such as deliberate refusal to carry out proper instructions A serious breach of trust or confidentiality Misuse of the Company’s property or name (or that of any of its customers) Bringing the Company, him/herself or its employees into disrepute including the individual falling into disrepute outside of his/her employment which in the reasonable opinion of the Company will materially prejudice its interests. APPEALS Should you wish to appeal against any disciplinary decision you must do so to the manager who is senior to the manager who made the decision within five working days. The more senior manager, where possible, will hear the appeal within five working days and decide the case as impartially as possible. You will have the right to be represented or accompanied as before. At the appeal, any disciplinary penalty imposed will be reviewed and the result will be confirmed in writing no later than seven working days after the hearing. It should be noted that an appeal hearing is not intended to repeat the original disciplinary hearing but to focus on specific factors that you may feel have received insufficient consideration, such as: An inconsistent/inappropriate harsh penalty Extenuating circumstances Bias of the disciplining manager Unfairness of the hearing New evidence subsequently coming to light. Where an appeal against dismissal fails, the effective date of termination shall be the date on which the person was originally dismissed. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ CAPABILITY POLICY & PROCEDURE HRSP (P09) Page 1 of 3 CAPABILITY POLICY AND PROCEDURE POLICY STATEMENT This non contractual policy is designed to help and encourage all employees of the company to perform their job roles and duties to the required standard. The aim is to ensure that everyone is treated fairly and consistently. For the avoidance of doubt, this procedure does not form part of any employee's contract of employment, we may amend it at any time and vary the procedure as appropriate in any case. It is the responsibility of all employees to familiarise themselves with their conditions of employment, what happens you are persistently off sick and if you are sick longer term, as well as the performance standards expected of them. These are outlined at staff induction, in your contract of employment, this Company Handbook and in the regular reviews that you have with your manager. In poor performance cases where the reason is not within your control (e.g. persistent short term or longer term ill health) this policy and procedure will apply. However, poor performance resulting from, for example, negligence, lack of application or attitudinal problems will be dealt with under the Company’s disciplinary procedure. Where an employee’s absence record has been investigated and the absences are deemed to be of a casual nature unrelated to an underlying health condition, the employee will be dealt with under the disciplinary procedure and not the capability procedure. PRINCIPLES Issues of a more minor nature will be dealt with through informal discussion in the first instance between you and your manager. The Company will endeavor to keep all records and proceedings confidential. No formal action will be taken until the matter has been discussed with you and investigations undertaken. The Company may decide to suspend you on full pay whilst any investigation relating to capability performance or concerns over your health takes place, if it is appropriate to do so. If there is an issue of poor performance within your control, your manager will ensure that all standards expected have been fully explained and that all the necessary training and support have been made available before the formal procedure is applied. Where the issue is related to poor performance outside of your control, e.g. ill health, this procedure will apply. This procedure should be read in conjunction with the Company’s Absence Policy and Procedure in relation to sickness. For issues related to alcohol and drugs please see the Company’s Alcohol and Drugs Policy. You will be advised in writing of the performance standards required and what support is available to help you achieve the required standard of performance. A Performance Improvement Plan (PIP) will be put in place so you are clear about what it is you need to achieve and by when. You will have the opportunity to explain your case at any meetings and be accompanied, if you wish, by a work colleague or trade union representative. He/she is allowed to put your case to the hearing; to sum up your case and to respond on your behalf to any view expressed at the hearing. He/she can confer with you during the hearing but cannot answer for you, or address the hearing if you do not wish it. A second management representative may be invited to attend formal Capability (or Appeal) meetings in order to act as a witness and/or note taker. You will have the right to appeal against any action taken under the Capability Procedure. An appeal hearing will be arranged as soon as possible and will be conducted, where possible, by a more senior manager. In certain cases, the Company may request external facilitators to act as note-takers, investigators, conciliators, mediators or arbitrators in the interests of seeking a satisfactory outcome for all concerned. For employees during the first two years of employment and for senior managers/directors, the organisation reserves the right to speed up the decision-making process and therefore may choose to follow a truncated version of these procedures. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ CAPABILITY POLICY & PROCEDURE HRSP (P09) Page 2 of 3 CAPABILITY PROCEDURE – ABSENCE AND ILL HEALTH SHORT TERM ABSENCES If, after an initial informal discussion with your manager, you continue to have frequent short-term absences, you will be asked to attend a formal meeting. You will have the right to be accompanied as above. The meeting will aim: a) To identify the frequency and reason for the absences and ensure that you are aware that your absence record is giving cause for concern and that it could be putting your employment at risk. b) To advise you to seek proper medical attention if there is an underlying medical problem. A medical report from your GP may be requested, if appropriate, and/or you may be asked to attend an examination by an occupational health practitioner or specialist consultant of the Company’s choice in order to seek a medical opinion. (A refusal to obtain or pass on the GP’s report, or to attend a medical examination, may lead the Company to take formal disciplinary action against you). c) To give consideration to any personal problems or issues you may have and possible ways of helping you to resolve them. d) To agree a reasonable period of time over which your attendance can be assessed. e) To indicate what the next step will be if you fail to reach the standards required; a letter will be sent to you confirming the facts and the action to be taken, and specifying what will happen if attendance does not improve. f) If necessary, to consider whether there are any suitable alternative vacancies which you would be competent to fill. g) If you are considered disabled within the meaning of the Equality Act 2010, to consider making reasonable adjustments to your job to accommodate your short-term or long-term requirements. Further meetings will be arranged as appropriate to monitor whether any improvement in your attendance record has been achieved. In some circumstances, the Company may require you to provide medical certificates for all absences from work due to sickness, regardless of their duration. The Company will reimburse you fully for the cost of obtaining these certificates. At any stage in this procedure, following investigation, should your manager feel that your absences are not due to an underlying medical condition but are casual in nature, the Company’s disciplinary procedure will be invoked. LONG TERM ABSENCES During any period of sickness absence, the Company may ask you to attend a meeting on Company premises or at another external location by mutual agreement at which you may be accompanied by a work colleague or trade union official. If you are too unwell to come to the office, the Company will expect to visit you at your home. The meeting will aim: a) To seek to establish the reason for your absence and its likely duration. You may be requested to allow the Company to contact your GP in order to establish the likely length of absence and the longterm effect on your capability in relation to job performance and attendance at work. You may also be required to attend an examination by an occupational health practitioner of the Company's choice in order to seek a medical opinion (refusal to obtain or pass on the GP's report, or to attend a medical examination, may lead the Company to take disciplinary action against you). b) To consider offering suitable alternative employment or a shorter working week, if this would enable you to return to work. c) If you are considered disabled within the meaning of the Equality Act 2010, to consider making reasonable adjustments to your job to accommodate your short-term or long-term requirements. d) In the event that steps b) and c) are impracticable, inappropriate or unreasonable, to inform you that long-term absence due to ill health may put your employment at risk (bearing in mind the needs of the Company at that time). Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ CAPABILITY POLICY & PROCEDURE HRSP (P09) Page 3 of 3 e) To set a date at which dismissal will be considered if you are still unable to return to work; a letter will be sent to you confirming the facts and the actions to be taken. f) If your sickness absence continues, to arrange further interviews as appropriate to review your state of health and establish a likely return to work date. ALL SICKNESS ABSENCES If your attendance record does not improve, or if your long-term absence continues, a final meeting will be arranged. At this point, unless there are reasonable grounds to believe that there will be an improvement in the foreseeable future, the Company's decision to dismiss you by reason of incapability will be explained. You will have the right to appeal as above. NOTES For employees during the first two years of employment and for senior managers/directors the organisation reserves the right to speed up the decision-making process and therefore may choose to follow a truncated version of the above procedure. If you choose to be accompanied by a work colleague or a trade union representative, s/he is allowed to put your case to the hearing; to sum up your case and to respond on your behalf to any view expressed at the hearing. S/he can confer with you during the hearing but cannot answer on your behalf or address the hearing if you do not wish it. A second management representative may be invited to attend formal hearings in order to act as a witness and note taker. This procedure is for guidance only. It does not form part of your contractual rights. The contents may be subject to revision from time to time. PERFORMANCE STANDARDS During your employment with us your capability to carry out your duties may deteriorate. This can be for a number of reasons, the most common ones being that either the job changes over a period of time or you fail to keep pace with the changes required in relation to your own knowledge, skills and competencies to perform at an acceptable level in that role. GENERAL CAPABILITY ISSUES If there are general concerns over your ability to perform in your job role, your manager will try to ensure that you understand the level of performance expected of you and that you receive adequate training and supervision. Concerns regarding your capability will normally be discussed with you informally in the first instance. Your manager will then work with you to put a performance improvement plan (PIP) in place to make sure you are clear about the performance expected of you and indicate what you need to do to meet the required standard. The PIP will also include the time frame within which you are expected to make those improvements. If your standard of performance is still not adequate you will be warned in writing that a failure to improve within an agreed timeframe and to maintain the performance required could lead to your dismissal. We may, at our absolute discretion, also consider the possibility of transferring you into a more suitable role as an alternative to your current job role if there is other work available for which you have the necessary knowledge, skills and experience. If there is still no improvement after an agreed timeframe, you cannot be transferred in to more suitable work, or if your level of performance has a serious or substantial effect on our organisation or reputation, you will be issued with a final warning stating that you will be dismissed unless the required standard of performance is achieved and maintained. Where you are issued with a written warning, such warning will remain active for a period of: 6 months - in respect of a first written warning; and 12 months - in respect of a final written warning. After the active period, the warning will remain permanently on your personnel file but will be disregarded in deciding the outcome of any future capability proceedings. If such improvement is not forthcoming within the agreed period of time, you will be dismissed with the appropriate notice. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ GRIEVANCE POLICY & PROCEDURE HRSP (P10) Page 1 of 2 GRIEVANCE POLICY AND PROCEDURE POLICY STATEMENT We wish to encourage any employee who has a Grievance relating to his/her employment to raise it as early as possible so that a satisfactory solution can be sought for all concerned. It is hoped that most Grievances will be resolved informally. We will endeavour to ensure that all records and proceedings are kept confidential wherever possible. PROCEDURE Informal stage If you have a Grievance about your employment you should discuss it informally with your immediate manager. Your manager will give you a response (which may be verbal or in writing) within five working days. (See Notes 1 to 3 below for exceptions to this procedure). Formal stages Stage 1 If you feel the matter has not been resolved satisfactorily through informal discussions, you must put your Grievance in writing to your immediate manager. You will receive a reply, where practicable, within five working days and a meeting will be arranged. You, any relevant witnesses and the manager will attend a meeting. You may choose to be accompanied by a colleague or trade union representative. The manager will give a response in writing within five working days of the meeting and will inform you of the right to appeal (Stage 2). Stage 2 If you are not satisfied with the manager's response, you may raise the matter in writing, with the relevant senior manager/director. A meeting will be arranged, as in stage one, except the senior manager/director will replace the manager. The senior manager/director will give a written response, where practicable, within five working days of the meeting and will inform you of the right to appeal (Stage 3). Stage 3 If the matter is still not resolved to your satisfaction, you should put your Grievance in writing to the Managing Director and a meeting will be arranged with the Managing Director or an elected deputy. You will be given a decision in writing, where practicable, within five working days of the meeting. This decision will be final. INVESTIGATIONS We are committed to ensuring that all Grievances are fully investigated. Where appropriate, this may involve carrying out interviews with the employee concerned, and others such as witnesses, colleagues and managers, as well as analysing written records and information. Where necessary and possible the identity of witnesses will be kept confidential. The investigation report will be made available only to the immediate parties involved. NOTES: 1. You may raise the complaint either informally in the first instance, or formally directly with a senior manager if: a) Your complaint concerns your immediate manager or b) Your complaint is of too personal or sensitive a nature to raise with your immediate manager. 2. If your complaint concerns an alleged wrongdoing or criminal offence by someone within the Company you should raise it immediately in line with the “Whistle blowing” Policy that can be found in the Company Handbook. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ GRIEVANCE POLICY & PROCEDURE HRSP (P10) Page 2 of 2 3. The Grievance Procedure should not be used for appeals against disciplinary decisions, as that is the purpose of the disciplinary appeals procedure. If, however, you have a complaint against the behaviour of a manager during the course of a disciplinary case, you may raise it as a Grievance with a senior manager/director. If necessary, the disciplinary procedure may be suspended for a short period until the Grievance can be considered. 4. We will endeavour to ensure that you do not experience any detrimental treatment as a result of raising a Grievance. However, you should note that if your Grievance were found to be malicious or to have been made in bad faith, then you would be subject to the Company’s Disciplinary Procedure. 5. If you choose to be accompanied by a work colleague or a trade union representative, s/he is allowed to put your case to the hearing; to sum up your case and to respond on your behalf to any view expressed at the hearing. S/he can confer with you during the hearing but cannot answer for you, or address the hearing if you do not wish it. 6. A second management representative may be invited to attend formal Grievance meetings in order to act as a witness to the proceedings and note taker. 7. The timescales listed above will be adhered to wherever possible. However, where there are good reasons, e.g. the need for further investigation or the lack of availability of witnesses or accompanying representatives, each party can request that the other agrees to an extension of the permitted timescale. 8. We reserve the right to seek assistance from external facilitators at any stage in the Grievance Procedure, in the interest of seeking a satisfactory outcome for all concerned. If you feel Mediation could help to resolve the issue please indicate this to your manager or the HR Supervisor. 9. For employees during the first two years of employment and for senior managers/directors, the organisation reserves the right to speed up the decision-making process and therefore may choose to follow a truncated version of the above procedure. 10. This procedure is for guidance only. It does not form part of your contractual rights. The contents may be subject to revision from time to time. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ HRSP (P11) ALCOHOL & DRUGS POLICY Page 1 of 1 ALCOHOL and DRUGS POLICY POLICY STATEMENT We recognise that for a range of reasons individuals may misuse drugs and alcohol, and where it affects the working environment it represents a problem for the individual and for the business. This policy has been adopted in order to protect all employees and the business, and where appropriate to offer help and support to any individuals that might be affected. RESPONSIBILITY The Company encourages all employees to take responsibility for awareness of the problems, but ultimate responsibility for the operation of this policy lies with the Directors of the Company. DEFINITIONS Alcohol misuse is defined as consumption of alcohol during working hours, or attending work under the influence of alcohol. Drug misuse refers to the use of illegal substances and the misuse of prescribed drugs and other substances such as solvents. During working hours includes during breaks or on the way to work. THE RULES The Company does not permit: Drug or alcohol misuse during working hours Being under the influence of drugs or alcohol while at work Encouraging others to misuse alcohol or drugs Being under the influence of drug or alcohol to such an extent that it negatively influences your behaviour during out of hours social events organised by the Company. HELP The Company encourages you to seek specialist help if you feel that you have an alcohol or drug problem. We may be able to refer you to an appropriate advisory service. CONFIDENTIALITY If you have a problem and you request help from your manager prior to him/her being aware of poor performance that may be caused by drugs or alcohol, then any information regarding your problems with drugs or alcohol will be treated as confidential, subject to our legal obligations. INFORMATION The Company is committed to providing information to all employees about the effects of drugs and alcohol in relation to health and safety. DISCIPLINARY ACTION Drugs and alcohol misuse may become a matter for disciplinary action in accordance with the Disciplinary Procedure, particularly where help is refused, there are serious health and safety concerns, and/or impaired performance continues. Dismissal may result from disciplinary action Possession of and dealing in illegal substances will be immediately reported to the Police in all cases; there is no alternative to this procedure Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ DATA PROTECTION POLICY HRSP (P12) Page 1 of 1 TITLE: Data Protection Policy This Policy is about how Trinity Fire & Security Systems Ltd sets out our commitment to protecting personal data and how we implement that commitment with regards to the collection and use of personal data. Personal data shall be processed in accordance with the rights of data subjects under the Data Protection Act 1998. Our Quality Assurance procedures cover aspects regarding employment, Security Vetting and Document Control. Trinity Fire & Security Systems is registered with the Information Commissioner's Office under registration reference: Z109742X. We are committed to: • • • • • • • • • Meeting our legal obligations as laid down by the Data Protection Act 1998. Ensuring that data is collected and used fairly and lawfully. Processing personal data only in order to meet our operational needs, including the requirements of security vetting or to fulfil legal requirements. Taking steps to ensure that personal data is up to date and accurate. Establishing appropriate retention periods for personal data as defined in our Quality Procedures (Document Control /retention of records). Ensuring that data subjects' rights can be appropriately exercised. Providing adequate security measures to protect personal data. Ensuring that a nominated officer (Paul Clayton) is responsible for data protection compliance and provides a point of contact for all data protection issues. Ensuring that where required staff are made aware of good practice in data protection. Personal data shall be processed fairly and lawfully and shall be obtained for one or more specified and lawful purposes. The data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed. It will be kept up to date and not be kept for longer than is necessary. Appropriate technical and organisational measures shall be taken against unauthorised and unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data The ultimate responsibility for the compliance to our Data Protection Policy principles lies with the Directors of Trinity Fire & Security Systems Ltd. Every employee is expected to give their full cooperation. The effectiveness of the Policy Statement will be monitored and reviewed at least annually by the Managing Director, Quality Manager and HR Department to ensure the Company's continuing compliance with any relevant legislation and data protection procedures/guidelines. Andrew Cotton Managing Director 1st June 2015 Issue Number - 02 Issue Date – June 2015 Prepared by – AC/SS/TJ DRESS CODE POLICY HRSP (P13) Page 1 of 1 DRESS CODE POLICY It is Company policy that everyone who works with the Company should whilst at work, maintain an appearance that is clean, tidy and appropriate to the work we undertake. This policy applies whether you are working on Company premises or elsewhere. If your job takes you into contact with customers, clients or members of the public, you are required to dress smartly in order to project the professionalism of the Company. Where work-wear has been provided, this should be worn, kept in good condition and be visible whenever reasonably practicable. If your job does not take you into contact with clients/customers or members of the public you may wear smart casual clothing to work. This does not include: Sports clothing (e.g. jogging suits) Jeans (other than black) Shorts Trainers or jogging shoes Flip Flops T-shirts or sweatshirts with pictures or slogans Football or similar shirts Hair should be neat and tidy, well-groomed and not dyed an unconventional colour. Any jewellery worn, including facial piercings, should not be excessive or unconventional. Failure or refusal to comply with the dress code without good reason will lead to disciplinary proceedings. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ PERFORMANCE APPRAISAL POLICY & PROCEDURE HRSP (P14) Page 1 of 1 PERFORMANCE APPRAISAL This policy is under review and will be uploaded when complete. Issue Number - 02 Issue Date – July 2015 Prepared by – AC/PAC/TJ DRIVERS POLICY HRSP (P15) Page 1 of 1 Please refer to the Driver’s Handbook Issue Number - 01 Issue Date – July 2015 Prepared by – AC/PAC/GR TELEMATICS POLICY HRSP (P16) Page 1 of 2 Overview Trinity have partnered with Fleetmatics to implement an industry leading Telematics Fleet Management system. This system has now been installed in all company vehicles and will help to reduce costs and environmental impacts whilst improving our operational efficiency and managing the risks associated with driving. Trinity currently have in excess of 180 vehicles valued at £4.8m, covering over 4 million miles using £550k in fuel each year – so Trinity’s investment in this new system will help to keep our drivers safe, increase productivity and drive down costs. Trinity also has a contractual obligation with a number of its key customers, to provide Telematics information, it’s also a question which is being asked of more frequently, during the tender process. What is Telematics: Telematics is a system which uses black box technology to transmit vehicle data in real time back to the company. It works from a vehicle installed device about the size of a mobile phone, which has an integrated privacy button for private travel. It also links to a powerful website with data analysis capture tools, which give exceptional reporting and alerts. What will Trinity use Telematics for: The Telematics system captures a wide range of data however Trinity’s Board have defined the following reports which will be used to achieve the desired business, commercial and risk outcomes: Driving Style Summary Reports o Speeding Reports o Lost Fuel (Cross referencing vehicle location to fuel card transaction) Monitoring litres drawn to vehicle maximum fill Excessive Idling Mileage and Mpg Monitoring Mapping and Location Monitoring o o Improve Safety, Reduce Liability Fuel Reporting o o o o Risks and Efficiency Monitoring Engineer Allocating & Tasking (Using the closest suitably trained available Engineer) Route Planning Tool Timecard Analysis o o Timesheet Reporting Journey Routing & Replay Who can see you and the information recorded from your vehicle The Service Co-ordinators will only have access to Engineer mapping and location monitoring Managers and Supervisors will only have access to mapping and location monitoring including timecard analysis and will have the ability to run these reports Only the Directors & the Fleet Manager will have access to Driving Style reports, Speeding reports and Fuel reporting. Only the Directors & Fleet Manager will have the ability to see and run all reports. Issue Number - 01 Issue Date – Sept 2015 Prepared by – SC/PAC/GR TELEMATICS POLICY HRSP (P16) Page 2 of 2 Will my information be passed to HMRC? No, your information is covered under data protection. You may request your own data report and you may choose to use this for your HMRC submission, but we are unable to provide this to HMRC for you. Will Trinity provide information to Insurance Companies and the Police? Your information is covered under data protection and can only be used with your agreement. Depending on the circumstances, you may be asked for permission to provide this information. This would only be used in exceptional circumstances and any details logged in privacy mode can only be requested from Fleetmatics by the MD or Finance Director in his absence. The only exception to this rule is if the vehicle has been stolen. Issue Number - 01 Issue Date – Sept 2015 Prepared by – SC/PAC/GR Expenses HRSP (P17) Page 1 of 1 The expenses policy is currently under review. You can find the current version on the front page of Trinitynet. Issue Number - 02 Issue Date – Sept 2015 Prepared by – PAC