Email and internet usage policy

Introduction

This document describes the Company’s policy on the use of Electronic Mail (e-mail) and Internet including social media systems. This policy applies to all employees, sub contractors, consultants or directors (exec or non-exec) in the Company��and any associated or subsidiary companies.

The aim of this policy is to give guidance on the acceptable use of these systems.

Electronic Mail

All messages sent or received through the Company’s e-mail network are the property of the Company.

A) ��Business Use

Do

• Make full use of e-mail to communicate with clients, suppliers, colleagues, etc, on business matters.
• Make maximum use of free resources on the web for research and business purposes.

Don’t use e-mail

• Containing any language or content that could be considered offensive.
• To conduct any business activity not pertaining to��the Company.
• In a way which may conflict with the Company’s interests.
• To let another person use your address or system.
• To request the automatic reception of messages from anonymous originators or to participate in chain letters.

B) ��Personal Use

Don’t

• Make excessive personal use of e-mail, as a guide, 2-3 messages sent or received a day is a maximum.
• Send or receive personal file attachments.
• Keep personal messages longer than a month.
• Log on or participate in any message site

C) ��Internet Access and Web Browsing

Do

• Make full use of the Internet to research clients, competitors and to develop market knowledge.

Don’t

• Waste time browsing or surfing sites.
• Browse sites that could potentially embarrass the Company.
• Access, transmit or download material that could be considered inappropriate or illegal, for example anything of an obscene, pornographic, threatening, discriminatory or otherwise offensive nature.
• Download files from any web site unless these are required for your work.
• Browse to conduct private business or for-profit activity.
• Access Internet based e-mail systems.

Misuse

The Company reserves the right to monitor the use of the Internet system and the traffic of e-mails from time to time to ensure compliance with this policy. If it is suspected that the system is being misused, the Company reserves the right to monitor the content of e-mails.

��In the event that an employee has misused the e-mail or Internet system, formal disciplinary action may be taken at the discretion of a manager, and depending on the severity of the misuse this may lead to dismissal with or without notice or payment in lieu of notice for very severe cases.

��Social Media Usage

��Personal use of social media is never permitted during working hours or by means of the Company’s computers, networks and other IT resources and communications systems.

��Employees must avoid making any social media communications that could damage the Company’s business interests or reputation, even indirectly.

��Employees must not use social media to defame or disparage the Company, their staff or any third party; to harass, bully or unlawfully discriminate against staff or third parties; to make false or misleading statements; or to impersonate colleagues or third parties.

��Employees must not express opinions on the Company’s behalf via social media, unless expressly authorised to do so by their manager. Employees may be required to undergo training in order to obtain such authorisation.

��Employees must not post comments about sensitive business-related topics, such as Company performance, or do anything to jeopardise the Company’s trade secrets, confidential information and intellectual property. Employees must not include the Company’s��logos or other trademarks in any social media posting or in their profile on any social media, unless specifically permitted to do so as part of the duties of their role. Examples of permitted use include but are not limited to:

• Use of LinkedIn for sales lead generation or marketing
• Use of Twitter and Facebook for sales and marketing purposes

��The contact details of business contacts made during the course of employment are the confidential information of the Company. On termination of employment employees must provide a copy of all such information, delete all such information from their personal social networking accounts and destroy any further copies of such information that they may have.

��Social media should never be used in a way that breaches any Company’s policies. If an internet post would breach any Company policy in another forum, it will also breach them in an online forum. For example, employees are prohibited from using social media to:��

• breach this Policy;
• breach the Company’s obligations with respect to the rules of relevant regulatory bodies;
• breach any obligations contained in those policies relating to confidentiality;
• breach the Company’s Disciplinary Policy or procedures;
• harass or bully other employees in any way;
• unlawfully discriminate against other staff or third parties;
• breach the Company’s Data Protection Policy (for example, never disclose personal information about a colleague online); or
• breach any other laws or regulatory requirements.

��Employees should never provide references for other individuals on social or professional networking sites, as such references, positive and negative, can be attributed to the organisation and create legal liability for both the author of the reference and/or the Company.

��Employees who breach any of the above policies may be subject to disciplinary action up to and including summary termination of employment.

��Bring your own device to work

��We recognise that many of our staff have personal mobile devices (such as tablets, smart phones and handheld computers), which they could use for business purposes, and that there can be benefits for both us and staff, including increased flexibility in our working practices, in permitting such use. However, the use of personal mobile devices for business purposes gives rise to increased risk in terms of the security of our IT resources and communications systems, the protection of confidential and proprietary information and reputation, and compliance with legal obligations.

��No one is required to use their personal mobile device for business purposes. It is a matter entirely for each person’s discretion. However, employees should bear in mind that a breach of this policy may lead to us revoking your access to our systems, whether through a device or otherwise. It may also result in disciplinary action up to and including dismissal. Disciplinary action may be taken whether the breach is committed during or outside office hours and whether or not use of the device takes place at your normal place of work. You are required to co-operate with any investigation into the suspected breach, which may involve providing us with access to the device and any relevant passwords and login details.

��You must comply with all of the Company’s policies when using your device to connect to our systems, including in particular this Electronic Mail and the Internet Usage Policy.

��In particular, you must:

• at all times, use your best efforts to physically secure the device against loss, theft or use by persons who we have not authorised to use the device. You must secure the device whether or not it is in use and whether or not it is being carried by you. This includes, but is not limited to, passwords, encryption, and physical control of the device;
• install any anti-virus or anti-malware software at our request before connecting to our systems and consent to our efforts to manage the device and secure its data, including providing us with any necessary passwords;
• comply with our device configuration requirements;
• protect the device with a pin number or password, and keep that pin number or password secure at all times. ��If the confidentiality of a pin number or password is compromised, you must change it immediately. The use of pin numbers and passwords should not create an expectation of privacy by you in the device.
• prohibit use of the device by anyone not authorised by us, including your family, friends and business associates;
• not download or transfer any Company data to the device, for example via e-mail attachments, unless specifically authorised to do so. Staff must immediately erase any such information that is inadvertently downloaded to the device;
• not backup the device locally or to cloud-based storage or services where that might result in the backup or storage of Company data. Any such backups inadvertently created must be deleted immediately;
• not use a device to capture images, video, or audio, whether native to the device or through third-party applications, within the workplace;
• where we have permitted you to store Company data on the device, ensure that the Company data is encrypted using appropriate encryption technologies approved by us.

��We reserve the right, without further notice or permission, to inspect your device and access data and applications on it, and remotely review, copy, disclose, wipe or otherwise use some or all of the Company data on it for legitimate business purposes, which include (without limitation) enabling us to:

• inspect the device for use of unauthorised applications or software;
• inspect any Company data stored on the device or on backup or cloud-based storage applications and prevent misuse of the device and protect Company data;
• investigate or resolve any security incident or unauthorised use of our systems;
• conduct any relevant compliance obligations (including in relation to concerns regarding confidentiality, data protection or privacy); and
• ensure compliance with our rules, standards of conduct and policies in force from time to time (including this policy).

This policy is for information only and does not form part of the terms and conditions of your employment.

Drug and Alcohol Abuse Policy

Introduction

1. The Company��recognises that alcohol and drug abuse related problems are an area of health and social concern. The Company also recognises that alcohol and drug abuse problems can have a detrimental effect on work performance and behaviour.
2. It is therefore Company policy that staff may not bring to or consume alcohol or any unlawful drugs in the workplace during work time or during a period prior to work where the effects may carry over to the workplace. This includes business functions where the employee is representing the Company. Special rules may apply in relation to alcohol, where the Company sponsors an event for staff e.g. the Christmas party. In these circumstances any variation to the no-alcohol policy will be communicated in advance of the event.
3. The Company��recognises that a member of staff with alcohol or drug abuse problems needs help and support from his / her employer. However the Company also understands that it has a responsibility to all its employees and other stakeholders to ensure that any risks related to this are minimised.

Accordingly, Company policy involves two approaches:

• Providing reasonable assistance to the member of staff with an alcohol or drug abuse problem who is willing to co-operate in treatment for that problem.
• Disciplinary rules, enforced through disciplinary procedures, where use of alcohol or drugs (other than on prescription) affects performance or behaviour at work, and where either (1) an alcohol or drug dependency problem does not exist or (2) where treatment is not possible or has not succeeded.

• [The Company has not the internal resources to provide or arrange treatment or other forms of specialist assistance. Such services are provided by GPs, hospitals and other agencies] [The Company provides specialist assistance as follows (insert details of the Occupational Health Service)] ��Through this policy the Company will seek both to assist a member of staff in obtaining such specialist help, and to protect his/her employment.

Assistance for a Member of Staff

The Company will, where possible, provide the following assistance to a member of staff:

• Helping the member of staff to recognise the nature of the problem, through referral to a qualified diagnostic or counselling service.

• Support during a period of treatment. This may include a period of sick leave or approved other leave, continuation in post or transfer to other work, depending upon what is appropriate in terms of the staff member’s condition and needs of the Company.

• The opportunity to remain or return to work following the completion of a course of treatment, as far as is practicable, in either the employee’s own post or an alternative post.

The Company’s assistance will depend upon the following conditions being met:

• The Occupational Health Service / Company Approved Doctor diagnoses an alcohol or drug dependency related problem.
• The member of staff recognises that he/she is suffering from an alcohol or drug abuse problem and is prepared to co-operate fully in referral and treatment from appropriate sources.

The Company and its employees must recognise the following limits to the assistance the Company can provide:

• Where a member of staff fails to co-operate in referral or treatment arrangements, no special assistance will be given and any failure in work performance and behaviour will be dealt with through the Disciplinary Procedure.
• If the process of referral and treatment is completed but is not successful, and failure in work performance or behaviour occurs, these will be dealt with through the Disciplinary Procedure.
• A member of staff’s continuation in his/her post or an alternative post during or after treatment will depend upon the needs of the Company at that time.

Disciplinary Action

In line with the Company’s disciplinary rules, the following will be regarded as gross misconduct:

• Attending work and/or carrying our duties under the influence of alcohol or drugs.
• Consumption of alcohol or drugs whilst on duty (other than where prescribed or approval has been given).

Where a breach of these rules occurs, but it is established that an alcohol or drug abuse related problem exists, and the member of staff is willing to co-operate in referral to an appropriate service and subsequent treatment, the Company will suspend application of the Disciplinary Procedure and provide assistance as described above. Staff who do not comply with the treatment suggested or continue to abuse alcohol or drugs will be subjected to the application of the Disciplinary Policy.

Procedures

Nature of the Procedures

The procedures define management responsibilities and provide guidelines on:

• Where assistance to a member of staff should be provided and the nature of and limits to such assistance.
• The application of the Company’s Disciplinary Procedure.

Through the Occupational Health Service / Approved Company Doctor the Company will provide advice and support to managers on

• Whether an alcohol or drug related problem exists
• progress in treatment
• re-establishment or continuation at work of a member of staff or other appropriate arrangements.

Assistance to members of staff with alcohol or drug abuse related problems.

This does not include directly providing treatment or specialist help which is the responsibility of GPs, hospitals and other agencies working in the field. The Occupational Health Service / Company Approved Doctor, in close liaison with these persons and agencies, will assist staff referred in the following ways:

• through counselling encourage them to come to a better understanding of their problem and the benefits of seeking treatment or help;
• providing advice and direction regarding obtaining treatment and specialist help;
• assisting in continuing at or achieving a return to work.

Alcohol or drug abuse related problems can come to the notice of management through:

• Failures in work performance or behaviour necessitating use of the Disciplinary Procedure. In such situations the procedure described above should be followed.
• Other means, where a member of staff seeks or agrees to accept assistance on a voluntary basis. In such situations, the procedures described above should be followed.

Situations where use of the Disciplinary Procedure is Appropriate

Recognition of the existence of a possible alcohol or drug abuse problem.

• Abuse of alcohol or drugs can affect performance and behaviour at work, ie, either through serious misconduct at work, (where there is a direct and demonstrable breach of the disciplinary rules regarding alcohol or drug abuse at work), or where there is a falling off of standards of work performance or behaviour, and abuse of alcohol or drugs is a possible cause.
• The immediate line manager will be responsible for responding to such situations, carrying out either counselling or disciplinary investigations and interviews, supported as appropriate by a more senior Manager.
• In such interviews the possible existence of an alcohol or drug abuse problem should be explored. The line manager is not required to diagnose the existence of an alcohol or drug abuse problem, merely to assess whether such abuse is a possible factor.
• Any requirements of the Disciplinary Procedure regarding allowing the member of staff representation will be observed.

Diagnosing the existence of an alcohol or drug abuse problem.

1. Should the interviews lead to the conclusion that an alcohol or drug abuse problem might exist and the member of staff accepts referral, the manager should refer the matter to the Occupational Health / Company Approved Doctor, who will be responsible for establishing whether or not a diagnosis of alcoholism or drug dependence can be made.
2. Disciplinary action should be suspended until diagnostic advice is obtained. Where appropriate, suspension arrangements in the Disciplinary Procedure should be followed.
3. If the interview fails to lead to the conclusion that an alcohol or drug abuse problem exists, or the member of staff rejects, or fails to co-operate in referral, disciplinary action should be continued, where and as the situation justifies.

Confirmation that an alcohol or drug abuse problem exists and treatment arrangements.

• If a positive diagnosis of an alcohol or drug abuse problem is made, and the member of staff agrees to co-operate in treatment, treatment arrangements should commence.
• Where necessary, the Occupational Health Service / Company Approved Doctor will advise the member of staff regarding treatment and will be responsible for monitoring progress with treatment and advising the manager concerned. This advice should be available at least monthly following commencement of treatment and thereafter as appropriate. (Disciplinary action should be discontinued unless the member of staff fails to co-operate on the treatment arranged.) Should a diagnosis of alcoholism or drug dependence not be confirmed or should the member of staff refuse to co-operate in treatment, disciplinary action should be continued.
• The Occupational Health Service / Company Approved Doctor will advise on whether a situation has been reached where there is a lack of progress with treatment or lack of co-operation by the member of staff . Managers must review the facts and consider whether or not there needs to be a return to the use of Disciplinary Procedures.
• Where medical certificates are submitted, sick leave should be given. Should the employee continue to be fit for work during the period of treatment, he/she should be permitted to continue in his/her post or alternative work unless such an arrangement would have an adverse effect on Company services. In such circumstances, annual or unpaid leave should be approved or, exceptionally, suspension arranged.
• If a member of staff has been off work during the period of treatment, before returning to duty, he/she will be seen by the Occupational Health Service / Company Approved Doctor who will advise management regarding capability for continuation in his/her own post and whether any special supervision or other arrangements are required.
• Every effort should be made to comply with the advice provided by the Occupational Health Service / Company Approved Doctor. If it is not reasonably practicable to do so, and as a result, the member of staff is not able to resume duty, employment may be terminated on the grounds of incapacity (ill health).
• If a member of staff is again involved in disciplinary situations resulting from alcohol or drug abuse related problems, a second referral to the Occupational Health Service / Company Approved Doctor and suspension of the disciplinary procedure may be appropriate. If they advise positively on the possibilities of further treatment or help and the willingness of the member of staff to co-operate, the disciplinary procedure may be suspended again to permit treatment and help to be undertaken. This second referral will not apply if the further disciplinary problems involve serious misconduct. Third and subsequent referrals are not permissible.

Situations where a Disciplinary Situation does not exist

• There may be situations where the possible existence of alcohol or drug abuse problems affecting a member of staff comes to a manager’s attention, although there is, or has been, no discernible affect on work performance or behaviour. This could arise if a member of staff confides in his/her manager about an alcohol or drug abuse problem, or a manager could see a need to approach a member of staff after observing possible “indicators” of an alcohol or drug abuse problem e.g. ��an absence pattern, information provided by the member of staff’s colleagues, etc.
• In such situations, the Company would wish staff to feel they could seek help from their employer (in complete confidence) without worry that their job security would be in jeopardy. Accordingly, if managers should be faced with a situation of this type they should:
  • seek the advice of the Occupational Health Service / Company Approved Doctor regarding whether and how the matter could be dealt with;
  • counsel the member of staff and, if appropriate, arrange for the member of staff to be interviewed by the Occupational Health Service / Company Approved Doctor.
  • as in the procedure described above, the Occupational Health Service / Company Approved Doctor will play a facilitating role i.e. seeking to establish whether a problem exists, advising and directing the member of staff towards appropriate forms of treatment and help.
• These steps cannot be taken without the co-operation of the member of staff. If the member of staff does not wish to co-operate, no further action should be taken. There are however a number of external organisations which provide help and support for individuals with an alcohol or drug related problem – a list of contacts is provided on request from HR.
• Should a member of staff take up the opportunity of assistance on this voluntary basis there need be no further formal involvement of management in terms of action or the right to learn of progress with treatment. It may be however that the member of staff would wish, or agree to, further involvement of management as a means of assisting progress with treatment.
• Use of the disciplinary procedures and/or the application of the approach described above would only be appropriate if subsequently, the member of staff is involved in a breach of disciplinary rules.
• Should the problems of the member of staff develop to an extent that his/her continuation in post or employment became impossible, it may be necessary to identify alternative work or arrange for termination, on the same basis as the Company operates for staff with problems of incapacity due to ill health.

This policy/procedure is for��information only; it does not form part of your terms and conditions of employment and may be subject to revision from time to time.

Equal Opportunities Policy

The Company is committed to promoting equal opportunities as an employer, and as a provider of services. The Company will make every effort to prevent discrimination or other unfair treatment against any of its employees, potential employees, suppliers or guests, regardless of sex, race, colour, nationality, ethnic or national origins, marital or civil partnership status, disability, sexual orientation, gender reassignment, pregnancy or maternity, age, political or religious belief. The Company is opposed to discriminatory practices and attitudes, and is committed to translating this into all aspects of its everyday work.

Equal Opportunities in Employment

The Company is committed to developing and maintaining working environments and practices which ensure equality of opportunity in all aspects of employment. Equal opportunity at the Company��not only covers recruitment and selection but is also related to an employee’s terms and conditions of employment, including but not limited to, placement, promotion, transfer, training, compensation, termination and leaves of absence. In addition we are committed to providing opportunities for people with disabilities to work successfully at the Company��and will duly make reasonable changes to our working environment to make it possible for disabled people to work as part of our team. Discriminatory attitudes or behaviour to fellow employees, suppliers or customers are unacceptable at any time and a visible commitment to equal opportunities is a requirement of all employees.

Equal Opportunities in the Provision of Services

The Company is committed to providing services which are relevant, attractive and accessible to all those who might wish to use them. Employees are required to be fully aware of their responsibilities in this respect and to ensure that systems of referral to our services do not operate to exclude or discourage participation, and that our employees are welcoming and attentive to all potential clients.

Responsibility for the Equal Opportunities Policy

All employees are responsible for observing the principles of the Company’s equal opportunity policy. Those who hold supervisory, management or other senior positions in the Company have additional and particular responsibilities to ensure the effectiveness of its application and the commitment of all employees and others to it.

Working From Home policy

Purpose of the policy

The Company wishes to enable all employees to balance home and work life as far as possible but also recognises the commitment we have as a business to meet the needs of our clients and their commercial demands plus other external stakeholders. The Company will also consider the impact on the employee’s colleagues of the potential change to working arrangements.

This policy refers to employees who wish to make a permanent change in working arrangements on a long term basis.

Definition of working from home

Working from home can include:

• Mobile working with a base at home to travel to the employer’s different premises and customers.
• The office as the main place of work with working from home occasionally.

How to apply

If you want to be considered for home working you should apply in writing to your line manager. Each case will be considered according to the factors listed below. There may also be exceptional or one-off circumstances to be taken into account.

Is the role suitable for homeworking?

The company will assess whether you can perform the role just as well away from the business working on your own.

Are you eligible to work from home?

• You may request to work from home as a reasonable adjustment to your duties, in cases of sickness or disability.
• You may request to work from home if you are making a flexible working request.
• You must have completed your probation period and a satisfactory length of service, together with the required training for the role before you will be considered for working from home.
• You must be achieving at least satisfactory performance, and you must also be demonstrating the required attributes. These include self-motivation, discipline, the ability to work without direct supervision and the ability to complete work to deadline.
• If you are subject to any disciplinary warnings you will not be considered for working from home.

Is the home suitable?

You need to demonstrate you have a safe and reasonable space in which to work, including privacy, security and an internet connection able to support the business systems.

The Company has a duty to ensure that health and safety requirements are met while you are working from home. The Company will therefore refuse any home working request if there is any question over the suitability on health and safety grounds, or if we are unable to verify the suitability.

What the Company will provide.

In cases where working from home is approved, the Company will make provision of a laptop and mobile phone (if required for the role).

These items are for your sole use while on company business, and not for personal use.

��Mortgage, leases and insurance

You are responsible for telling your mortgage provider or landlord and home insurer of your intention to work from home. You should check that there isn’t anything preventing you from working at home – for example, in your mortgage agreement, lease or insurance. If any of these conditions apply, the Company may reasonably refuse the request.

Moving home

If you move home while the working from home arrangement is in force, the Company will carry out a review to ensure the new home is still suitable.

Your management while working from home

While you are working from home you will be managed consistently and given the same opportunities for training, development and promotion.

Your performance will be monitored in the same way and you will be expected to demonstrate the same levels of teamwork and communication as if you were in the office. Should there be any changes or performance issues, the Company would review the working arrangements.

There is no change to your core working hours while working from home.

There is no change to the arrangements for sickness absence reporting, time off or holiday requests while working from home.

Attendance at the office

When a working from home policy is in force the Company may expect you to attend at our premises on days you would normally work from home. These reasons would be communicated and discussed with you in advance. Reasons may be any of the following (please note this list is not exhaustive)

• On site meetings with clients or suppliers
• Training and development
• Team and company culture building
• Social events

Security

While working at home you are expected to store and transmit company documents, emails and other information using secure methods. The confidentiality policy of the organisation applies.

Review of the arrangements

We will review the working from home arrangements regularly to ensure that they meet the business needs and your needs. If at any time circumstances change, we may change the agreement. Changes will be made in consultation with you.

The Company reserves the right to refuse the request for homeworking on any of the grounds above, or to vary it at any time. We will discuss any changes with you.

This policy/procedure is for��information only; it does not form part of your terms and conditions of employment and may be subject to revision from time to time.

Other Authorised Leave Policy

Introduction

In addition to annual leave (holidays) and common types of leave, such as maternity, paternity or carer’s leave, there are other commitments for which employees��might be entitled to take time off work.

Not all will necessarily be paid for by the organisation. Examples of time off for other reasons��include:

• to accompany a worker to a disciplinary or grievance hearing
• for employee representatives
• to accompany an employee at a flexible working hearing
• Jury service
• for occupational pension scheme trustees and directors of trustee companies
• for public duties
• for job hunting or to arrange training when facing redundancy
• for safety representatives

For your information, details are given below of the most common circumstances which might apply to you at sometime during your employment with the organisation. These cover:

• Time Off for Public Duties
• Jury Service
• Membership of Reserve Forces
• Compassionate Leave

Further information regarding other statutory time off is available from the HR Manager. ��

Request and Authorisation of Leave

Any request for time off for authorised leave should be discussed and agreed in advance with your line manager. Management will do their best to accommodate reasonable requests and they will also take into account individual circumstances and the operational requirements of your role and the business.

Time off for public duties

If you hold any of the following public positions, you have the right to reasonable time off from work to enable you to perform the duties associated with them.

• a magistrate, sometimes known as a justice of the peace
• a local councillor
• a school governor
• a member of a policy authority
• a member of any statutory tribunal (e.g. an Employment Tribunal)
• a member of the managing or governing body of an educational establishment
• a member of a school council or board in Scotland
• a member of the General Teaching Councils for England and Wales
• a member of the Environment Agency or the Scottish Environment Protection agency
• in England and Wales, a member of the prison independent monitoring boards

If you qualify, you are allowed reasonable time off to go to meetings or to carry out your duties. The time must be agreed with your manager��beforehand and they��can refuse your request if it is unreasonable. Any agreed arrangements will be confirmed in writing to you.

A specific amount of time off is not laid down in law.

Whether your time off is classed as ‘reasonable’ will depend on:

• what your duties are
• the time you need to carry them out
• the impact on the organisation’s��business
• how much time off you have already had for public duties or trade union duties

Payment for time off for public duties

There is no statutory obligation to pay you for time off for public duties.

Jury Service

If you are called up for jury service, the Company must allow you time off for this.

You can ask for your jury service to be deferred. You can only do this once and for no more than 12 months from the original date.

If you want to be excluded from jury service altogether you need to write to the Jury Central Summoning Bureau setting out your reasons why. However, unless you have already served as a juror within the previous two years, your call-up is unlikely to be deferred.

What to do if you are called up for jury service

If you have been called up for jury service you should:

• let your manager know how long you will need off and what arrangements need to be made for cover in your absence
• hand over a copy of the Confirmation of Jury Service letter you receive from the court to your Manager.

Payment for time off for jury service

The Company does not have to pay you whilst you are on jury service but you can claim for travel and food expenses and for loss of earnings from the Court.

You should ask the Payroll Manager to fill out a Certificate of Loss of Earnings to claim for loss of earnings. There are limits on the amount that you can claim. You can find out more about allowances for jury service on the Her Majesty’s Courts Service website.

Membership of the Reserve Forces

The Company is keen to show a commitment to social responsibility and allow time off for employees who are in the Reserve Forces. Reservist members have special employment protection if called up.

If you are a member of the Reserve Forces, you must advise your manager and/or the HR Manager of this. You should also advise your manager of any training commitments so that arrangements for paid or unpaid leave can be agreed between you and the Company.

If you are mobilised, you should advise your manager immediately of this. Your manager will then inform you of your rights and those of the Company whilst you are mobilised and upon your return to work after mobilisation.

Further details regarding Reserve Forces can be found on the Ministry of Defence’s Supporting Britain’s Reservists and Employers website: . or the SaBRE helpline, 0800 389 5459 (open Monday to Friday 9am-5pm; closed weekends and bank holidays).

Compassionate��leave – Bereavement

In the sad event of the death of a family member, the Company will grant compassionate leave to allow you time off to make funeral arrangements, as well as to attend a funeral, as follows:

• Death of immediate family member Up to 3 working days paid leave

• Death of a non-immediate family member Up to 1 working day paid leave

If the funeral is overseas then you should discuss and agree any arrangements for either paid or unpaid compassionate leave with your manager.

The company recognises that each family is different so the definition of immediate and non-immediate may vary from case to case. Therefore we will take into account individual circumstances and exercise discretion when considering compassionate leave requests. However, usually, “immediate” family means spouse, parents, children or siblings. If this is different in your case, please discuss in confidence with your manager.

This policy/procedure is for information only; it does not form part of your terms and conditions of employment and may be subject to revision from time to time.

Disciplinary Policy and Procedure

Aim:

��The Organisation has laid down a minimum set of rules to define standards of performance and acceptable behaviour, and which are backed up by fundamental policies. These rules have been drawn up in the best interests of both the employer and the employee and aim to ensure fairness for all. The Organisation aims to ensure a supportive working environment, and believes that most issues can be dealt with informally by open and honest communication, and early resolution of minor problems.

��Principles:

��The willing and active co-operation of all employees in accepting certain rules is essential if the organisation is to function smoothly and efficiently. Although discipline may imply sanctions against employees, its primary purpose is improving standards of performance and the maintenance of essential health and safety.

• The Disciplinary policy and procedure is designed to ensure any potential cases of misconduct or gross misconduct are investigated fairly and consistently;
• Issues will be dealt with and resolved quickly, fairly and consistently;
• Employees have the right to be accompanied during the disciplinary meeting;
• The Discipline and Appeals procedure may be implemented at any stage depending upon the seriousness of the issue(s) being considered.

If disciplinary action has to be taken against an employee:

• Investigations will be thorough and prompt
• Issues of performance will be dealt with separately from issues of conduct
• Employees will be kept informed of what is to happen throughout the process.
• Any new evidence brought up at the hearing will be investigated thoroughly even if this means postponing the hearing, all hearings will be adjourned so all evidence can be considered and a fair decision taken

Where sanctions are put in place they should take into account:

– the type of offence.

– what decisions have been taken in similar cases within the Company.

– previous disciplinary/performance record.

– any mitigating circumstances

Performance and Conduct

Performance specifically relates to how the employee carries out the employee’s role. Examples of performance issues include the following (this list is not exhaustive):

• Failure to reach and maintain performance standards.
• Inattention to detail/tasks.

Conduct specifically relates to how the employee behaves. Examples of misconduct issues include the following (this list is not exhaustive):

• Failure to follow the absence reporting procedure
• Health and safety breaches
• Unacceptable levels of��lateness or sickness absence
• Abuse of policies and procedures.
• Breach of company dress code
• Unacceptable/inappropriate behaviour

Informal procedure

��Minor shortcomings in meeting the requirements of the employee’s job will, in the first instance, be brought to the employee’s attention informally by the employee’s Manager. Coaching, training and setting or resetting standards may be used for issues of a minor nature. This will include suggestions on how the employee’s performance could be improved and setting goals within an agreed timeframe. This will be documented on a record of conversation to ensure both parties are clear of what the expectations are moving forward.

Investigation

In order to establish whether a potential disciplinary case exists, an investigation will be undertaken as soon as practically possible after the occurrence being investigated has taken place.

Where possible, the investigation should be carried out by an independent person that is a supervisor/manager who should not be involved with any disciplinary meeting, should this be necessary.

At the end of the investigation a decision will be made as to whether the alleged misconduct has taken place and if a formal disciplinary hearing should be arranged. The manager conducting the investigation may be accompanied by a note taker.

Formal procedure

��The formal disciplinary procedure is normally used when the informal procedure has not achieved the required improvements, if the problem is repeated or more serious. However, depending on the seriousness of the offence the procedure may be initiated at any stage, and any stage in the procedure may be omitted if considered appropriate.

��Right to be accompanied

��The employee may be accompanied at any formal meeting by a chosen companion who must be one of the following:

• Another Company employee, or
• A full time trade union official, or
• A trade union official who the union has certified as having experience of acting as a companion, or has received training to understand his or her role.

Friends and family are not permitted to attend as a companion.

The employee’s companion may take notes and confer privately with the employee but cannot answer questions on the employee’s behalf. If that person is not available on the arranged date, an alternative date can be suggested. This will only be allowed once, ideally within five working days of the original date proposed.

Suspension Procedure

In certain circumstances, it may be appropriate to suspend the employee, either pending investigation or after an investigation. The decision to suspend is never taken lightly and should not be seen as a punishment. It will generally be for one of the following reasons:

• To allow a full investigation of the circumstances surrounding a particular incident.
• To protect the employee’s own and the Company’s interests.
• Where the Company feels it would be in the employee’s interest not to be present at work whilst the investigation is being carried out.
• In cases of gross misconduct.

The employee will be paid as normal during suspension and must be available to attend meetings during the employee’s normal working hours. At the end of a period of suspension, which will not usually last longer than 10 working days, a decision will be taken to either:

• Allow the employee to return to work with no further action taken.
• Arrange a disciplinary hearing

Notification of the disciplinary hearing

If the decision has been made to hold a formal disciplinary hearing the employee will be informed in writing of the date, time, place and the reasons why the hearing is being held. Where possible, at least 24 hours notice will be given before any disciplinary hearing takes place.

��Non-attendance at disciplinary hearings

If the employee fails to attend a disciplinary meeting, the Manager will consider the reason for non-attendance and a second meeting may be arranged. If the employee fails to attend the second meeting, unless there are good reasons for not attending, the disciplinary hearing will be held in the employee’s absence and the outcome communicated in writing within 5 days.���� If the employee is��on suspension and fails to attend a disciplinary hearing the employee’s suspension pay may be withheld depending on the reason for non- attendance.

Disciplinary hearing

��During the hearing the procedure is as follows:

• To inform the employee of the nature of the complaint and discuss any evidence that exists to support the claim.
• For the employee to respond to the allegations and present relevant evidence.
• The Manager will then consider the evidence available and decide on the course of action to be taken.
• The employee will be informed of the decision by the Manager following the hearing, either verbally on the same day or in writing within 5 days of the meeting taking place.
• The outcome of the hearing will be either to issue a disciplinary sanction as set out below or to take no disciplinary action.
• Any mitigating circumstances will be taken into account before deciding on the action to be taken.

��Disciplinary Action

��All cases requiring disciplinary action will be judged according to circumstances. The action to be taken will depend upon:

• the severity of the offence
• the employee’s record, if any, of previous offences
• any mitigating circumstances

Matters that the organisation views as amounting to disciplinary offences include (but are not limited to):

• persistent bad timekeeping;
• unauthorised absence;
• minor damage to the organisation’s property;
• failure to observe the organisation’s procedures;
• abusive behaviour;
• unreasonable refusal to follow an instruction issued by a manager or supervisor;
• poor attendance;
• smoking [or use of an e-cigarette] in non-designated areas of the organisation’s premises; and
• bribery offences under the Bribery Act 2010.

��The disciplinary action imposed and its duration will depend upon the above and may take one or more of the following forms:

��Verbal Warning: For a minor infringement of a Company policy / procedure or instance of minor misconduct, employees will normally receive a verbal warning (confirmed in writing). The warning will be recorded and remain in force for a period of up to 6 months from the date the warning is issued subject to satisfactory conduct, performance or behaviour.

��First Written Warning: For repeated instances of minor misconduct or an instance of serious misconduct, a first written warning may be given. Written warnings may be issued without prior recorded verbal warnings. The written warning will remain in force for a maximum period of up to 12 months, subject to satisfactory conduct, performance or behaviour.

��Final Written Warning: If the improvement after the first written warning stage is not achieved or in instances of serious misconduct, a final written warning may be given. For more serious offences, final written warnings may be issued without any prior recorded written warnings. The final written warning will remain in force for a period of 12 months subject to satisfactory conduct, performance or behaviour.

��Dismissal (with pay in lieu of notice): If the improvement at the final written warning stage is not achieved the employee may be dismissed. For more serious offences, dismissal may occur without prior recorded warnings.

��Summary Dismissal (without pay in lieu of notice): If the problem appears to be serious enough to constitute gross misconduct, then dismissal may result. See below acts which may constitute Gross Misconduct.

��Demotion or downgrading: In exceptional cases, demotion or downgrading may be made in conjunction with other disciplinary actions, as an alternative to dismissal or where the act of misconduct / gross misconduct means the employee can no longer be trusted in the current role.

��Suspension without pay: In exceptional cases, suspension without pay may be made in conjunction with other disciplinary actions or as an alternative to dismissal. This may be up to a maximum of ten working days.

��Gross Misconduct/Summary Dismissal:

��Acts which constitute gross misconduct are those resulting in a serious breach of contractual terms, Company procedures and standards which destroys the employment contract between the Company and the individual and makes any further working relationship and trust impossible.

��The following list shows examples of acts of gross misconduct which may lead to summary dismissal. The list is neither exhaustive nor restrictive:

• Serious, persistent or wilful breaches of misconduct;
• Assault, fighting or any physical or verbal assault on any of the Company’s employees or clients;
• Any form of harassment, victimisation, bullying or discrimination against fellow employees, including but not limited to age, sex, gender identity, pregnancy, marital status, disability, colour, race, nationality, ethnic or national origins, sexual orientation, religion, belief or political affiliation;
• Grossly indecent or immoral behaviour;
• Action that contravenes the Health and Safety policy, threatens the health and safety of employees or other persons or failure to comply with any health or safety requirements;
• Negligence, carelessness or wilful disregard of safety regulations that endangers the safety of a person, goods, plant or buildings;
• Behaviour which endangers the well being of the Company’s employees or clients, or which could seriously damage the Company’s reputation.
• Any criminal convictions or cautions (including driving convictions) that, in the opinion of the Company, are detrimental to its reputation, affects the employee’s position with the Company or prevents the employee from completing his / her duties;
• Serious breach of trust, fidelity or loyalty;
• Deliberate failure to adhere to Company policies or procedures.
• Gross insubordination or the use of aggressive behaviour or excessive bad language;
• Wilful refusal to carry out a direct instruction from a manager or supervisor;
• Undertaking private trading during duty hours;
• Consuming alcohol whilst on duty, or reporting for work in an intoxicated state;
• Smoking in a “No Smoking” area;
• Taking illicit drugs whilst on duty, or reporting for work under their influence;
• Fraud, including fraudulent abuse of the Sickness and Absence Policies;
• Deliberate falsification of records;
• Unauthorised breach of the Confidentiality Policy or Protected Disclosure provisions;
• Abandoning duties without permission or a reasonable excuse;
• Any breach of the law which has an effect upon the employee’s job.
• Unauthorised or inappropriate use of
• Serious breach of Company Electronic Communication and Internet Access Policy.
• Serious breach of the Code of Business

Right of appeal

The employee has the right to appeal against a disciplinary decision to the person specified in the disciplinary letter. This must be within 5 working days of written confirmation of the outcome of the disciplinary hearing outlining the grounds of the employee’s appeal.

An appeal hearing will be arranged within 14 days of receipt of the appeal letter. The employee has the right to be accompanied as stated previously.

The manager hearing the appeal must take account of any new evidence. It may be appropriate to adjourn the appeal to investigate further or consider new evidence.

The original decision will stand until the appeal has been considered. As a result of an appeal, the outcome may result in the removal of the disciplinary action, imposition of a lesser sanction, imposition of a higher sanction or confirmation of the original decision. If the decision is to revoke a dismissal, the employee will be reinstated with back pay. The decision of the appeal hearing is final and confirmed in writing as soon as possible, which will normally be within 10 working days.

Grievance Procedure

The Company believes that all employees should be treated fairly and with respect. This is achieved by maintaining good working relationships, and a working environment in which problems can be discussed. The Company aims in all cases that problems and issues are easily resolved at an early stage by encouraging open and honest communication.

Aim

The aim of this grievance policy is to:

• Inform the employee about the procedure for raising a grievance should it become necessary.
• Support the safe and effective operation of the business.
• Provide a framework to resolve workplace issues in a fair and timely manner at an appropriate level, within a reasonable timescale and to the satisfaction of all those involved.
• Ensure every grievance is treated seriously and with discretion and the employee is kept fully informed of what is happening.
• Keep proceedings and records as confidential as reasonably possible.

In some circumstances, it may not be appropriate for this procedure to be used:

• If the employee’s grievance relates to matters which are being investigated or are connected with current disciplinary proceedings or any disciplinary sanction that has been given to the employee, the employee should usually follow the separate disciplinary appeals procedure.

Stage 1:

Informal procedure

Most routine grievances are best resolved informally in discussion with the employee’s Manager. As an alternative, and where the grievance is against the employee’s Manager the matter should be raised on an informal basis with the next line of management, a manager at a similar level in another team/department, or the HR Manager.

Where the employee’s complaint cannot be resolved informally or the employee does not wish to use the informal procedure, it should be raised using the formal procedure set out below.

Stage 2: ��

Formal procedure

If the employee’s complaint is not resolved informally, or if the employee is unable to raise the matter informally, the employee should put their grievance in writing and send it to the HR Manager/next line manager/senior manager. This should be a written statement, clearly detailing the reasons for the employee’s grievance, how it could be solved and the employee’s desired outcome.

The employee will be invited to attend a formal meeting with a designated Manager to discuss the grievance. Where practicable, the meeting will be arranged within 5 days of receipt of the grievance. The employee has the right to be accompanied at this meeting by a fellow employee or a trade union representative. ��After reasonable investigation (where required) and due consideration of the grievance, a decision will be given in writing, usually within 5 working days of the grievance meeting.

If the employee is unhappy with the Stage 2 decision, the employee has the right to appeal. The appeal must be in writing to the nominated Manager and within 5 working days of receiving notification of the Stage 2 decision.

Stage 3:

Final stage

A Manager will be appointed to deal with the grievance appeal. As far as reasonably practicable the appeal will be held by a more senior manager than before, although this may not always be the case.

The employee will be invited to attend a formal appeal meeting to discuss the grievance and the Stage 2 decision. The employee has the right to be accompanied.

After reasonable investigation (where required) and due consideration of the grievance, a decision will be given in writing, usually within 5 working days of the grievance appeal meeting. This decision is final.

The employee will be given copies of any notes taken at any stage of the proceedings.

Modified procedure:

Post-termination grievances

If the employee lodges a grievance after the employee’s employment has ended or where the employee have left the business before the grievance is heard, the formal Procedure will be modified and completed as follows:

• The employee must set out in writing the nature and basis of the employee’s grievance and send it to the Director or HR Manager;
• The Director will set out its response in writing to the employee, usually within 21 days.

Short-term sickness absence policy

Read more about managing sickness absence here, and creating a happy and healthy workforce here.

The organisation aims to encourage all its employees to maximise their attendance at work while understanding that from time to time sickness may prevent them attending work for short periods. This policy relates to short-term sickness absences from work, which are defined as those lasting up to one working week. [Other policies are in place dealing with time off work for [personal reasons/family reasons/special leave/compassionate leave/long-term sickness absence].

The organisation must strike a reasonable balance between its business needs and the genuine needs of employees to take occasional short periods of time off work because of sickness. If an employee is frequently and persistently absent from work, this can damage efficiency and productivity, and place an additional burden placed on colleagues.

[It is the organisation’s policy to pay employees their normal basic rate of pay [exclusive of overtime/allowances] during periods of sickness absence of up to [one week]. Payment is, however, conditional upon an employee complying with the organisation’s procedure for notifying his/her manager of the absence, attending an interview with his/her manager on request to discuss the absence, completing a self-certification form on return to work and agreeing to attend an interview/examination with a nominated doctor at the request of the organisation.]
[OR
It is the organisation’s policy to pay only statutory sick pay during periods of sickness absence.]

This Policy details what employees must do to ensure that they are able to qualify for SSP in the event that they are ill or injured. It also sets out the procedure that employees must follow in the event they are too sick to work.

Procedure

Notification And Certification

If the employee is unable to attend work due to sickness or injury, they must arrange to inform their line manager within 30 minutes of the designated start time on the first day of the employee absence, indicating if possible when they expect to return to work. It is not acceptable to send text messages or emails or to ask wives, husbands or friends to call in, nor to notify anyone other than the line manager. Only in exceptional circumstances of medical emergencies will this be considered appropriate.

The employee will be required to provide certification of their sickness or injury absence as follows:

• From the first day of absence to seven consecutive days’ absence, including Saturday and Sunday, they are required to complete a self-certification form, which is available from [] and return it. This form can be completed on the return to work if the absence lasts less than seven calendar days. Otherwise, the employee must request a copy form and complete and return it as soon as possible.

• If the employee is absent for more than seven consecutive days (including Saturday and Sunday), they must send a Doctor’s Statement of Fitness to Work (“Fit Note”) to []. Subsequent periods of absence must be covered by current Fit Notes. The employee should also keep in regular contact with their line manager regarding their condition and likely return-to-work date.

• In certain circumstances, the organisation may require the employee to provide a Fit Note for a period of sickness absence of less than seven days. Should a cost be incurred, the organisation will reimburse the employee for the cost of obtaining the Fit Note on production of a valid receipt provided by the GP.

If this procedure is not followed, the employee may be dealt with under the organisation’s disciplinary procedure. Furthermore, any entitlement to statutory sick pay (SSP) may be withheld pending investigation. Any payment over and above this will be entirely at the Organisation’s discretion.

Return To Work

The employee will not be allowed to return to work if the GP deems that they are not fit to return or if the existing Fit note is still effective.

If the employee returns to work after a short or long-term period of absence, a meeting will be arranged by their manager in order to:

• check on their fitness to return

• ensure that all the support they need is in place

• bring them up to date on any changes or major events within the organisation.

Where applicable, requests for temporary adjustments to working conditions e.g. hours of work or duties, will be considered by the organisation and accommodated wherever possible and if organisational and business circumstances permit.

Return to work meetings are part of the manager’s day to day people management responsibilities and as such there is no requirement or entitlement to the employee being accompanied at such meetings.

The manager will also take notes of the meeting and a copy will be held on the employee’s personal file. The employee may request a copy at any time.

Fit Notes

The employee’s GP might indicate on a fit note that the employee “may be fit for work”. If this option is selected the GP will also identify potential amendments that should be made, selecting from:

• Phased return to work
• Amended duties
• Altered hours
• Workplace adaptations

If a fit note is received, the manager will arrange a meeting with the employee. At this meeting the suggested amendments will be discussed with the aim of facilitating the employee’s return to work.

If the suggested amendments are not possible, the employee will remain on sick leave. If amendments are possible the employee will be able to return to work, but regular reviews will be carried out to ensure that the amendments are adequate. It should be noted that any amendments are not to be viewed as a permanent change to the contract of employment.

Medical Examination

The organisation reserves the right to require the employee to be examined by a practitioner of its choice in order to seek a medical opinion.

Access To Medical Reports

In order to gain as much information about the employee’s medical condition as possible, the Organisation may also request their permission to contact the relevant medical practitioner and ask for a medical report on their condition. The employee will be informed of their employee rights under the Access to Medical Reports Act 1988 and/or the Data Protection Act 1998 (if appropriate). The employee may ask to see this report before it is supplied to the Organisation.

If they refuse to give permission for the Organisation to obtain a report or refuse consent to it being supplied to the Organisation, the line manager will arrange a meeting with the employee to explore the reasons for this refusal. If they persist in the refusal, the line manager will explain that decisions made about the employment may be affected by the Organisation’s inability to obtain a report and that it would prefer to base any decision on up-to-date medical evidence.

Frequent Short Term Absence

An informal attendance review will be arranged if the employee’s level of sickness gives rise to concern over the employee’s well-being and ability to perform the employee duties satisfactorily.

A review will take place when the employee absence reaches one of the following trigger points, unless they are disabled and there are agreed alternative reasonable adjustment arrangements in place:

• 5 or more separate short term sickness absences of at least 1 working day in a rolling 12 month period. The cause of such absences may or may not be related.
• a pattern of sickness absences, within any timescale e.g. similar days of the week, month or year.

An attendance review may also be carried out where there is a cause for concern about the employee’s health or sickness record, even though a trigger point has not been reached, in particular if serious disruption is being caused within a team.
If the employee is continually off work through ill-health or injury for an extended period, it will not be possible for the situation to continue indefinitely, and the employee employment may be formally reviewed which could result in it being terminated. Termination will not take place without:

• full consultation and meetings with the employee

• medical investigation if appropriate

• a consideration of alternative employment, if considered appropriate.

Meetings/Home Visits

During any absence it is important that the employee keeps in regular contact so that the employee’s manager is kept fully informed of their state of health and likely return-to-work date. They may be periodically asked to attend meetings with the manager and HR Manager at the Organisation’s offices, for the purpose of providing information and facilitating an effective return to work.

If they are too unwell or physically unable to attend the office, the Organisation reserves the right to visit them at home and will always discuss and agree arrangements with them (or a family member where appropriate) to visit them at home at a mutually convenient time and date.

If the employee wishes, they may be accompanied by a colleague or a trade union representative/official. In the case of a meeting at home, they may prefer a family member to be in attendance.

Where applicable, another manager from the Organisation may be invited to attend such meetings in order to act as a witness and note-taker and they will be notified in advance at the time of making the meeting arrangements.

Disability

If the employee has or they contract a condition that means they are considered disabled as set out in the Equality Act 2010, the Organisation will consider making reasonable adjustments to the employee’s job to accommodate the employee’s short-term or long-term requirements. They will be fully consulted at all times. If reasonable adjustments or alternative employment prove not to be viable options, and there is no likelihood of a 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 a dismissal relating to sickness or injury absence, the employee will be informed in writing of the reason for the dismissal and the circumstances leading up to that decision will be documented. They may appeal against their dismissal by writing within two working days of the employee’s receipt of the dismissal letter to [] stating the grounds on which they wish to appeal. The appeal will be heard in accordance with the Organisation’s disciplinary appeals procedure. This right also applies to action short of dismissal such as transfers, demotion and alteration of duties.

Payment Arrangements

Statutory Sick Pay (SSP)

An employee’s SSP qualifying days are either Monday to Sunday or, in the case of part-time employees, those days that he or she normally works. If they are eligible for the payment of SSP, it will be subject to the deduction of tax and National Insurance contributions.

Any payments over and above this are made entirely at the organisation’s discretion.

Unpaid Sickness

There are circumstances where the employee’s absence due to sickness or injury will be unpaid, for example, when they have exhausted the employee entitlement to Statutory Sick Pay.

Sickness And Holidays

If the employee falls sick whilst on annual leave or on a day adjacent to annual leave, normal reporting and certification arrangements apply. Annual leave may be reclaimed for the days that they are sick provided that a Fit Note is supplied to cover these days. Medical certificates (or equivalent) issued abroad should be copied and sent to the employee’s manager where the absence is going to be four weeks or longer. The original documents must be supplied on the return to work. If the employee is unable to travel, medical confirmation along with full contact details must be provided.

The Holiday policy details the accrual and taking of holiday during periods of sickness.

Medical Appointments

Arrangements covering medical and dentist appointments are covered within the Holiday policy. In addition, ante-natal appointments for fathers/partners to be are covered in the Maternity Policy.
Such appointments should not be recorded as sickness absence unless the appointment requires a whole day’s absence.

Pregnancy-Related Sickness

Pregnancy-related sickness absence should be recorded separately and it should not count towards an employee’s total sickness record.
If they are absent due to a pregnancy-related illness during the four week period prior to the their due date, the Organisation can ask the employee start their maternity leave, and they will be entitled to maternity pay and not sick pay. Odd days of pregnancy-related illness during this period may be disregarded if they wish to defer the start of the employee maternity leave period, and a risk assessment does not indicate that carrying out work will endanger the employee pregnancy.

Notes

The Organisation will take all the individual circumstances of every sickness or injury case into account, particularly in relation to the timing of decisions (including a decision to dismiss) although other factors that are time-dependent (such as the exhausting of the Statutory Sick Pay entitlement) may or may not be regarded as influential.

The wording and format of this Policy is for guidance only and does not form part of the employee contract of employment and may be subject to revision and amendment from time to time.

Maternity Policy

Introduction to maternity rights and benefits

The organisation wishes to ensure employee well-being and health during their pregnancy and afterwards. This policy is designed to inform employees and provide the details they need concerning their maternity rights. It is important to the organisation that we encourage open discussions with employees to ensure a smooth transition through the maternity period and return to work, if applicable.

As the maternity provisions are complex, if an employee becomes pregnant she should clarify the relevant procedures with [name of individual/the HR department] to ensure that they are followed correctly. The organisation will make all reasonable attempts to support pregnant employees and ensure their questions and concerns are answered quickly and accurately.

The following definitions are used in this policy:
“Expected week of childbirth” means the week, starting on a Sunday, during which the employee’s doctor or midwife expects her to give birth.
“Qualifying week” means the 15th week before the expected week of childbirth.
All pregnant employees (regardless of length of service) have the right in law to take up to 26 weeks’ ordinary maternity leave and up to a further 26 weeks’ additional maternity leave and to resume work afterwards. The employee is therefore entitled to a total period of 52 weeks’ maternity leave. Additional maternity leave follows on immediately from the end of the period of ordinary maternity leave.
All employees who take maternity leave have the right to return to work at any time during either ordinary maternity leave or additional maternity leave (except during the first two weeks from the day of childbirth or four weeks in the case of factory workers), subject to their following the correct notification procedures as set out below.

How much maternity pay will the employee receive?

Option 1 – employer offers enhanced maternity pay

The organisation offers employees [with [one year’s] service] generous maternity pay.
[The organisation pays employees with the required one year’s service their normal pay during their maternity leave.

OR
The organisation pays employees with the required one year’s service their normal pay during the first [number] weeks’ maternity leave, followed by [half] pay for the subsequent [number] weeks’ maternity leave.]

Option 2 – employees entitled only to statutory maternity pay

Employees who have been continuously employed by the organisation for at least 26 weeks at the end of their qualifying week and are still employed during that week, will also qualify for statutory maternity pay, providing that:
• they are still pregnant 11 weeks before the start of the expected week of childbirth (or have already given birth);
• they have provided a MAT B1 form stating their expected week of childbirth; and
• their average weekly earnings are not less than the lower earnings limit for national insurance contributions.

Statutory maternity pay is payable for up to 39 weeks, with the first six weeks payable at 90% of the employee’s average weekly earnings. The remaining 33 weeks is payable 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 treated as earnings and is therefore subject to PAYE and national insurance deductions.
If the employee becomes eligible for a pay rise between the start of the original calculation period and the end of her maternity leave (whether ordinary maternity leave or additional maternity leave), the higher or standard rate of statutory maternity pay will be recalculated to take account of the employee’s pay rise, regardless of whether statutory maternity pay has already been paid. This means that the employee’s statutory maternity pay will be recalculated and increased retrospectively, or that she may qualify for statutory maternity pay if she did not previously. The employee will be paid a lump sum to make up any difference between statutory maternity pay already paid and the amount payable as a result of the pay rise.
Payment of statutory maternity pay cannot start prior to the 11th week before the employee’s expected week of childbirth. It can start from any day of the week in accordance with the date the employee starts her maternity leave.
Statutory maternity pay is payable whether or not the employee intends to return to work after her maternity leave.
Employees who are not entitled to statutory maternity pay may be entitled to receive maternity allowance payable directly by the Government. If an employee is not entitled to statutory maternity pay, the organisation will provide the employee with an SMP1 form to allow her to pursue a claim for maternity allowance.
Timing of maternity leave
Ordinary maternity leave can start at any time after the beginning of the 11th week before the employee’s expected week of childbirth (unless her child is born prematurely before that date in which case it will start earlier). Maternity leave will start on whichever date is the earlier of:
• the employee’s chosen start date;
• the day after the employee gives birth; or
• the day after any day on which the employee is absent for a pregnancy-related reason in the four weeks before the expected week of childbirth.

If the employee gives birth before her maternity leave was due to start, she must notify the organisation in writing of the date of the birth as soon as reasonably practicable.

The law obliges all employees to take a minimum of two weeks of maternity leave immediately after the birth of the child (four weeks in the case of factory workers).

Notice requirements

On becoming pregnant, an employee should notify her line manager as soon as possible. This is important as there are health and safety considerations for the organisation.

By the end of the qualifying week, or as soon as reasonably practicable afterwards, the employee is required to inform the organisation in writing of:
• the fact that she is pregnant;
• her expected week of childbirth; and
• the date on which she intends to start her maternity leave.

The employee must also provide a MAT B1 form, which is a certificate from a doctor or midwife confirming the expected week of childbirth. The form must have either the doctor’s name and address or the midwife’s name and registration number on it.

The employee is permitted to bring forward her maternity leave start date, provided that she advises the organisation in writing at least 28 days before the new start date or, if that is not possible, as soon as reasonably practicable. The employee may also postpone her maternity leave start date, provided that she advises the organisation in writing at least 28 days before the original proposed start date or, if that is not possible, as soon as reasonably practicable.

The organisation will formally respond in writing to the employee’s notification of her leave plans within 28 days, confirming the date on which she is expected to return to work if she takes her full 52-week entitlement to maternity leave.
The employee is required to give at least 28 days’ notice of the date that she wants her statutory maternity pay to begin. If it is not possible for the employee to give 28 days’ notice, for example if the baby arrives early, she should tell the organisation as soon as reasonably practicable.

Time off for antenatal care

Once an employee has advised the organisation that she is pregnant, she will be entitled not to be unreasonably refused paid time off work to attend antenatal appointments as advised by her doctor, registered midwife or registered health visitor.
To be entitled to take time off for antenatal care, the employee is required to produce a certificate from her doctor, registered midwife or registered health visitor, stating that she is pregnant. Except in the case of the first appointment, the employee should also produce evidence of the appointment, such as a medical certificate or appointment card, if requested to do so.

Antenatal care may include relaxation and parent craft classes that the employee’s doctor, midwife or health visitor has advised her to attend, in addition to medical examinations.

The employee should endeavour to give her line manager as much notice as possible of antenatal appointments and, wherever possible, try to arrange them as near to the start or end of the working day as possible.
An individual who has a qualifying relationship with the employee, which includes the employee’s husband or civil partner and the father of the expected child, is eligible to take unpaid time off to accompany the employee at up to two antenatal appointments. The individual with the qualifying relationship should ask his/her employer for more details of the right.

Health and safety

The organisation has a duty to take care of the health and safety of all employees. We are also required to carry out a risk assessment to assess the workplace risks to women who are pregnant, have recently given birth or are breastfeeding where the work is of a kind that could involve a risk of harm or danger to her health and safety or the health and safety of her baby and the risk arises from either processes, working conditions or physical, chemical or biological agents in the workplace. If applicable, the organisation will provide the employee with information as to any risks identified in the risk assessment. If the risk assessment reveals that the employee would be exposed to health hazards in carrying out her normal job duties, the organisation will take such steps as are reasonably necessary to avoid those risks, such as altering the employee’s working conditions. In some cases, this may mean offering the employee suitable alternative work (if available) on terms and conditions that are not substantially less favourable.
If it is not possible for the organisation to alter the employee’s working conditions to remove the risks to her health and there is no suitable alternative work available to offer her on a temporary basis, the organisation may suspend her from work on maternity grounds until such time as there are no longer any risks to her health. This may be for the remainder of her pregnancy until the commencement of her maternity leave. If an employee is suspended in these circumstances, her employment will continue during the period of the suspension and it does not in any way affect her statutory or contractual employment and maternity rights. The employee will be entitled to her normal salary and contractual benefits during the period of her suspension, unless she has unreasonably refused an offer of suitable alternative employment.
Sickness absence

If an employee is absent from work during pregnancy owing to sickness, she will receive normal statutory or contractual sick pay in the same manner as she would during any other sickness absence provided that she has not yet begun ordinary maternity leave. If, however, the employee is absent from work due to a pregnancy-related illness after the beginning of the fourth week before her expected week of childbirth, her maternity leave will start automatically.

If the employee is absent from work wholly or partly because of pregnancy during the four weeks before the expected week of childbirth, she must notify the organisation in writing of this as soon as reasonably practicable.
Rights during maternity leave

During ordinary maternity leave and additional maternity leave, all terms and conditions of the employee’s contract except normal pay will continue. [Salary/wages] will be replaced by statutory maternity pay if the employee is eligible for it.
This means that, while sums payable by way of [wages/salary] will cease, all other benefits will remain in place. For example, holiday entitlement will continue to accrue and pension contributions will continue to be paid. [The employee will remain in the life assurance and private medical insurance schemes.]
Employees are encouraged to take any outstanding holiday due to them before the commencement of maternity leave. Employees are reminded that holiday must be taken in the year that it is earned/[] number of days holiday can be carried over the following year.��
Contact during maternity leave
The organisation reserves the right to maintain reasonable contact with employees during maternity leave. This may be to discuss employees’ plans for 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.

Keeping-in-touch daysEmployees can agree to work for the organisation (or to attend training) for up to 10 days during their maternity leave without that work bringing their maternity leave to an end and without loss of a week’s statutory maternity pay. These are known as “keeping-in-touch” days. Any work carried out on a day shall constitute a day’s work for these purposes.
The organisation has no right to require employees to carry out any work and employees have no right to undertake any work during their maternity leave. Any work undertaken, and the amount of salary paid for any work done on keeping-in-touch days, is entirely a matter for agreement between employees and the organisation.

Returning to work after maternity leave

The employee may return to work at any time during ordinary maternity leave or additional maternity leave, provided that she gives the appropriate notification. Alternatively, the employee may take her full period of maternity leave entitlement and return to work at the end of this period. If the employee wishes to return before the full period of maternity leave has elapsed, she must give at least eight weeks’ notice in writing to the organisation of the date on which she intends to return.

The employee has the right to resume working in the same job if returning to work from ordinary maternity leave. If the employee returns to work after a period of additional maternity leave, she is entitled to return either to the same job or, if this is not reasonably practicable, to another suitable job that is on terms and conditions not less favourable.

Failure to return to work by the end of maternity leave will be treated as an unauthorised absence unless the employee is sick and produces a current medical certificate before the end of the maternity leave period.

If the employee decides during maternity leave that she does not wish to return to work, she should give written notice of resignation to the organisation as soon as possible and in accordance with the terms of her contract of employment.

Transfer of maternity leave

Shared parental leave

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 and pay as shared parental leave and pay with their partner, or to return to work early from maternity leave and opt in to shared parental leave and pay at a later date.
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 organisation is required to accept the request as long as the employee meets the eligibility and notice requirements), or as a number of separate blocks of leave (in which case the employee needs the organisation’s agreement).

To be able to take shared parental leave, an employee and his/her partner must meet various eligibility requirements and have complied with the relevant curtailment, notice and evidence requirements. This includes the mother curtailing her maternity leave.

Employees can refer to the organisation’s policy on shared parental leave, where they will find full details of the eligibility requirements, as well as instructions as to how the mother’s maternity leave can be curtailed. The organisation’s policy on shared parental leave sets out the notice periods with which employees must comply and what evidence they must provide to the organisation. The policy also contains more details on [employees’ entitlement to statutory shared parental pay/the organisation’s shared parental pay scheme].

The mother and the partner should ensure that they are each liaising with their own employer when making requests for shared parental leave.

Long-term sickness absence policy

General

The organisation aims to encourage all its employees to maximise their attendance at work. It is recognised, however, that a certain level of sickness absence is inevitable. It is the organisation’s policy to support employees who are genuinely sick and unable to come to work.

Long-term absence is regarded as continuous absence due to illness or injury of one month or more or, where there is no foreseeable return to work. Careful recording and monitoring by managers is essential to enable early proactive interventions.

As part of this policy, employees will (subject to a limited number of exceptions) continue to be paid full or part salary for defined periods of time while absent, provided that they comply with the organisation’s rules on notification and the provision of ongoing medical evidence.

[The organisation retains the services of an occupational doctor. Employees may be requested by their manager to consent to be examined by the occupational doctor (at the organisation’s expense) and to agree to allow the doctor to provide a medical report to the organisation. The terms of all employees’ contracts are that they must give such consent when reasonably asked to do so by the organisation.]

Employees may be requested by their manager to consent to be examined by a doctor and to agree to allow the doctor to provide a medical report to the organisation. The terms of all employees’ contracts are that they must give such consent when reasonably asked to do so by the organisation.

Naturally, the Organisation will be sympathetic when the employee is ill or injured but the employee should appreciate that if they are continually off work through ill-health or injured for an extended period, it will not be possible for the situation to continue indefinitely, and the employee’s employment may be formally reviewed which could result in it being terminated.

The organisation will not consider terminating the employment of an employee who is absent from work due to genuine sickness or injury during the first [one month/three months/six months/year/two years] of absence. Thereafter, the position will be reviewed periodically and ultimately it may become necessary from a business perspective to consider termination of employment. In these circumstances, the organisation will:

● review the employee’s absence record to assess whether or not it is sufficient to justify dismissal;
● consult the employee;
● obtain up-to-date medical advice;
● advise the employee in writing as soon as it is established that termination of employment has become a possibility;
● meet with the employee to discuss the options and consider the employee’s views on continuing employment;
● review if there are any other jobs that the employee could do prior to taking any decision on whether or not to dismiss;
● allow a right of appeal against any decision to dismiss the employee on grounds of long-term ill health; and
● arrange a further meeting with the employee to determine any appeal;
● following this meeting, inform the employee of its final decision; and
● act reasonably towards the employee at all times.

Where a return to work does prove possible, the Organisation may require that the employee’s fitness to return is confirmed by a medical practitioner of the Organisation’s choice.