BREAD STREET KITCHEN | HEDDON STREET KITCHEN | LONDON HOUSE | MAZE | MAZE GRILL | THE NARROW | PETRUS | PLANE FOOD | RESTAURANT GORDON RAMSAY | SAVOY GRILL | UNION STREET CAFÉ | YORK & ALBANY
WELCOME TO THE TEAM! We’re very please to have you on board. You have just joined the most dynamic, exciting group of restaurants in the UK. Life at Gordon Ramsay Group is full of passion, enthusiasm, creativity and flair. Whatever your position, you will play and integral part of the restaurant and the team within it. Many of our employees stay with us year after year, and that’s down to the opportunity we can create for you to progress your career within our ever expanding group of restaurants. I look forward to meeting you.
Stuart Gillies Managing Director
CONTENTS INTRODUCTION CONTRACT OF EMPLOYMENT WORK PERMIT WORKING TIME REGULATIONS PAYMENT OF SALARY INCOME TAX LEAVER’S PAYMENTS ATTENDANCE AND APPEARANCE AT WORK ATTENDANCE APPEARANCE BENEFITS HOLIDAYS PART-TIMER SICKNESS DURING ANNUAL LEAVE MAKING HOLIDAY REQUEST CANCELLING HOLIDAY RELIGIOUS HOLIDAYS PENSION SCHEME INTRODUCE A NEW EMPLOYEE USE OF THE RESTAURANTS – STAFF DISCOUNT FRIENDS AND FAMILY DISCOUNT CHILDCARE VOUCHERS GR BENEFITS CYCLE TO WORK (CTW) TRAINING AND DEVELOPMENT INDUCTION TRAINING PERFORMANCE AND DEVELOPMENT REVIEWS FAMILY FRIENDLY POLICY MATERNITY ANTENATAL CARE ENTITLEMENT TO MATERNITY LEAVE NOTICE OF INTENTION TO TAKE MATERNITY LEAVE STATUTORY MATERNITY PAY CONTRACTUAL BENEFITS AND OBLIGATIONS PATERNITY LEAVE ELIGIBILITY LENGTH OF ORDINARY PATERNITY LEAVE STATUTORY PATERNITY PAY NOTICE OF INTENTION TO TAKE PATERNITY LEAVE TERMS AND CONDITIONS OF EMPLOYMENT WHILE ON PATERNITY LEAVE
SHARED PARENTALLEAVE ADOPTION LEAVE PARENTAL LEAVE ENTITLEMENT TO PARENTAL LEAVE PERIOD OF PARENTAL LEAVE NOTICE OF PARENTAL LEAVE POSTPONING PARENTAL LEAVE TERMS AND CONDITIONS OF EMPLOYMENT DURING PARENTAL LEAVE TIME OFF WORK FOR DEPENDANTS COMPASSIONATE LEAVE FLEXIBLE WORKING NOTIFICATION OF SICKNESS ABSENCE SELF CERTIFICATION AND DOCTOR CERTIFICATES RETURN TO WORK NON-ATTENDANCE OR INTERMITTENT SHORT TERM ABSENCES STATUTORY SICK PAY DOCTOR AND DENTIST APPOINTMENTS HOSPITAL APPOINTMENTS JURY SERVICE LONG TERM ABSENCE ERROR! BOOKMARK NOT DEFINED. HEALTH AND SAFETY RESPONSIBILITIES UNDER HEALTH AND SAFETY FOOD SAFETY AND HYGIENE INFECTIOUS DISEASES ACCIDENTS AND FIRST AID FIRE SAFETY PERSONAL HYGIENE YOUR CONDUCT DISCIPLINARY POLICY GRIEVANCE POLICY ERROR! BOOKMARK NOT DEFINED. CONSUMPTION OF ALCOHOL DRINKING AT COMPANY EVENTS OR ENTERTAINING CLIENTS / SUPPLIERS USE OF ILLEGAL SUBSTANCES SMOKING CONDUCT OUTSIDE WORK SECURITY RIGHT TO SEARCH CASH, STOCK AND PROPERTY KEYS
POLICY ON ACCEPTING GIFTS RECEIPT OF GIFTS - DISCLOSURE INVITE TO EVENTS - DISCLOSURE INTERNET AND EMAIL POLICY USE OF E-MAIL EMAIL SIGNATURE REMOTE ACCESS OF EMAIL USE OF THE INTERNET MONITORING ARCHIVING EMAILS GENERAL COMPUTER USAGE MOBILE EQUIPMENT SOCIAL MEDIA POLICY USE OF SOCIAL MEDIA AT WORK EXCESSIVE USE OF SOCIAL MEDIA AT WORK MONITORING USE OF SOCIAL MEDIA DURING WORK TIME SOCIAL MEDIA IN YOUR PERSONAL LIFE DISCIPLINARY ACTION OVER SOCIAL MEDIA USE RETIREMENT POLICY RETIREMENT PROCEDURE TERMINATION OF EMPLOYMENT AND NOTICE EQUAL OPPORTUNITIES DIRECT DISCRIMINATION INDIRECT DISCRIMINATION FAILURE TO MAKE REASONABLE ADJUSTMENTS HARASSMENT VICTIMISATION RECRUITMENT PROMOTION TRAINING POST TERMINATION CONFIDENTIALITY AND DATA PROTECTION CONTACT WITH THE PRESS POLICY STATEMENT RESPONSIBILITY PROCESSING PERSONAL DATA SECURITY OF DATA WHISTLE BLOWING POLICY
A collection of restaurants and bars
OPENDED 2011 LOCATION THE CITY CUISINE MODERN Bread Street Kitchen is a bustling, large and breath-taking space. A stunning mix of vintage and modern brought together by an ever-changing menu.
OPENDED 2014 LOCATION REGENT STREET’S FOOD QUARTER CUISINE MODERN Housed over two floors with a contemporary interior and a relaxed, modern European menu by head chef Maria Tampakis. From brisk brunches and post-shopping pit stops through to lunch, dinners and after work cocktails, plus a private dining room with full multimedia facilities.
OPENDED 2014 LOCATION BATTERSEA CUISINE MODERN EUROPEAN This relaxed, cosy restaurant offers Modern European cooking and a polished destination cocktail bar in the heart of Battersea Square.
OPENDED 2005 LOCATION MAYFAIR CUISINE FRENCH WITH ASIAN INFLUENCE A combination of French dishes and Asian influences offers a unique tasting experience. Michelin star service and award winning menus combined with inventive cocktails allows maze to deliver modern dining at its very best. The sushi bar has the freshest selection of sushi created in front of guests.
OPENDED 2008 LOCATION MAYFAIR CUISINE NEW YORK STYLE GRILL A menu packed with the very best grill and steak offerings to be had. Drawing its inspiration from the New York grill restaurants a warm welcome is on hand matched with expert advice on our wide range of breeds and cuts available.
OPENDED 2007 LOCATION LIMEHOUSE CUISINE BRITISH EUROPEAN Serves simple and elegant food sourced from the best produce around the British Isles as well as European artisan products. There are also fresh cuts, fish of the day and other British classics , and drinks can be enjoyed in the white-washed wood bar with views of the river.
OPENDED 2010 LOCATION KNIGHTSBRIDGE CUISINE FRENCH Awarded a Michelin Star in 2011 PĂŠtrus represents fine dining at its very best. A stylish and modern French menu is perfectly complemented by the restaurants stunning environment.
OPENDED 2008 LOCATION HEATHROW AIRPORT CUISINE EXPRESS DINING Based departure side at Terminal 5 - an extensive menu from a classic breakfast to salads and steaks. Guests can enjoy a pre-flight cocktail or if pressed for time guests can purchase the Plane Food picnic to enjoy on board.
OPENDED 1998 LOCATION CHELSEA CUISINE FRENCH Holder of 3 Michelin stars. Chef Patron, Clare Smyth leads the dynamic team in providing elegant and unsurpassed modern French cuisine. A truly intimate restaurant matched by exquisite cuisine.
OPENDED 2010 LOCATION THE STRAND CUISINE CLASSIC BRITISH The dining room has been restored to its former glory and with an elegant 1920’s theme – glamorous and theatrical. The original classic among the great historic dining room’s in London today.
OPENDED 2013 LOCATION SOUTHWARK CUISINE ITALIAN Offering quality Italian influenced food with a daily changing menu, prepared in an open theatre style kitchen. Serving fresh, seasonal produce and artisan ingredients. The downstairs bar is a local urban living room which serves creative and classic cocktails.
OPENDED 2008 LOCATION CAMDEN CUISINE MODERN BRITISH A stylish townhouse, restaurant, deli and destination bar serving a modern British dining menu. There are also nine gorgeous bedrooms and several private areas and rooms perfect for parties, meetings and special occasions.
Welcome to
INTRODUCTION This handbook forms part of the policies and procedures of the Gordon Ramsay Holdings (“the Company”) and it is your responsibility to ensure that, along with your contract of employment, you have read and understood the contents of this handbook and you adhere to these policies and procedures throughout your employment with the Company. If there is anything you do not understand or require further clarification on, you must speak to your Manager or the HR Department. Save for where stated, the handbook does not form part of the terms and conditions of your employment.
CONTRACT OF EMPLOYMENT
It is your responsibility to ensure, if applicable, that you check the accuracy and sign timesheets on a weekly basis in your department to ensure that an accurate record of hours worked per week is kept. Please check the main notice board for details of any workforce agreement with regards to the Working Time Regulations.
PAYMENT OF SALARY Your pay period will be specified in your contract of employment and your salary will be paid directly into your nominated bank or building society. If you leave the Company final monies due will be paid on the next pay date.
Every employee is issued with a contract of employment either prior to joining the Company or within one week of receiving the requisite induction. The contract forms the basis of the employment relationship between yourself and the Company.
Please ensure that you have your bank/building society details, P45 and National Insurance Number when you join the Company and keep the Company informed of any changes to this information by informing the Human Resources Department in writing.
RIGHT TO WORK
INCOME TAX
It is imperative to ensure that if you have permission to work in the UK, and that (if need be) it is renewed by the specified time as stated in your visa. You must supply the correct documentation relating to this to the Human Resources Department prior to your permission expiring to ensure your continued employment with the Company. Failure to have valid permission may lead to the immediate termination of your employment.
When you start work if you have a P45 you should give it to the Human Resources Department who will process it as part of the payroll. If you do not have a P45 then you should complete a P46 available from your Line Manager or the Human Resources Department.
WORKING TIME REGULATIONS The Working Time Regulations came into effect in October 1998. The main aim was to lay down minimum conditions relating to weekly working time, rest entitlements and annual leave, and make special provision for night workers. Your contract of employment may specify information regarding the Regulations.
At the end of each tax year if you are still employed by the Company you will receive a P60 form detailing the total gross pay, tax and national insurance that you have paid in the applicable tax year. You should retain this document in a safe place, as you may need to produce it if making enquiries with the HMRC.
LEAVER’S PAYMENTS On termination of employment, provided all items of Company property are returned and you do not owe any sums to the Company, the final monies due will be processed in the next pay run payment being made as usual direct into your bank account. Where items of Company property are outstanding, then the final payment will not be released until all Company property is returned. If this is the case, the payment may be made by cheque, rather than into your bank account. The Company shall be entitled to make deductions from any final monies due to an employee. Some examples of deductions that will be made are as follows: any outstanding loans, advances, damage caused to Company property by the employee, excess holidays taken, deduction to cover unreturned Company property including uniform and locker keys, any overpayments or monies fraudulently taken from the Company by the employee. An employee’s leaving pay will be processed as part of the normal pay cycle and the P45 will be sent to the employee’s home address. Any queries relating to your salary should be addressed to the Human Resources Department.
ATTENDANCE & APPEARANCE AT WORK ATTENDANCE To ensure the smooth running of the restaurant or support office employees are expected to arrive at work in good time to start their shift. It is an employee’s responsibility to ensure that they are fully aware of the shifts that they have been rota’d to work each week. Persistent lateness and absence will be addressed within the Company’s disciplinary procedure.
APPEARANCE All employees while at work must ensure they are well presented ensuring they comply with the dress code of their role and restaurant. If you are issued with a uniform, you are expected to wear it at all times during your working hours ensuring that it is clean, smart, in good repair and clothes are fully ironed and shoes polished. If you wear your own clothes they must be clean, smart, pressed and business like. Hair must be clean and neatly styled, non-conventional hair colour or styles may not be allowed depending on the working environment. Speak to your line manager if you are unsure. Good personal hygiene is expected at all times. Tattoos may need to be covered while at work and will be confirmed by the Line Manager. Jewellery should be discreet and kept to a minimum.
BENEFITS HOLIDAYS Your holiday entitlement is detailed in your contract of employment. Our holiday year runs from the 1 January to 31 December each year. If you leave or join the Company part way through the holiday year you will have a proportionate holiday entitlement for that year. When you leave the Company, the Company may at its discretion, permit or require you to take the whole or part of any accrued holiday entitlement during your notice period, or may pay you for any outstanding accrued entitlement at termination. If you have taken excess holidays they will be deducted from your final pay or you will be required to refund monies in respect of these days. Leave must be taken during the holiday year in which it is earned. You are not permitted to carry forward leave to the next holiday year. Proportions of holiday must be taken within specified times of the year. No more than 2 weeks holiday should be taken at any one time without the prior agreement from the HR Director. The minimum holiday that can be taken at one time is half a day. If we close the restaurant, at which you are principally employed, over the Christmas and New Year period or at any other time, the days during which the restaurant is closed and you are not required to work, which are non public holidays shall count towards holiday taken and hence be deducted from your annual holiday entitlement. The annual holiday entitlement, including entitlement to UK bank and public holidays, of each restaurant employee is based on length of service as follows:
• • •
1 year’s service (prior to the start of the current holiday year) you will receive 28 days holiday which includes bank and public holidays. 2 years service at the start of the holiday year, 1 January, you will receive 29 days holiday which includes bank and public holiday. 3 years service at the start of the holiday year, 1 January, you will receive 30 days holiday which includes bank and public holiday.
•
4 years service at the start of the holiday year, 1 January, you will receive 31 days holiday which includes bank and public holidays.
•
5 years service, or more, at the start of the holiday year, 1 January, you will receive 32 days holiday which includes bank and public holidays.
PART-TIMER Your entitlement will be calculated pro-rata to the number of days you work and will be rounded up to the nearest half day where appropriate.
SICKNESS DURING ANNUAL LEAVE When an employee is sick while on annual leave they must follow the procedure detailed below:
REPORTING
The employee must report any periods of sickness during annual leave for which they intend to reclaim leave by calling their Line Manager on the date of sickness or as soon as reasonably practicable afterwards but in any event no later than 48 hours after the commencement of the sickness.
EVIDENCE
The employee must provide medical evidence (at their own expense) of sickness absence whilst on holiday from day one of the absence i.e. no self-certification.
CANCELLING HOLIDAY Holiday cancellations should be made by speaking to your Line Manager. If you wish to cancel booked holidays due to sickness a doctor’s certificate is required regardless of length of absence.
PAY
Any pay for periods of illness during annual leave will be limited to Statutory Sick Pay.
RELIGIOUS HOLIDAYS
Any additional leave resulting from sickness during earlier annual leave must be taken at a time that is convenient to the business.
The Company will seek, wherever possible, to allow employees to use holiday entitlement to observe special religious holidays or festivals. All employees, whatever their religion or belief, will be treated equally in this respect. All requests must be submitted via the annual leave procedure.
MAKING HOLIDAY REQUEST
PENSION SCHEME
To request holiday please check your holiday Calendar on fourth before you place your request.
The Company operates a contributory pension scheme which you will be eligible to participate in, subject to any statutory limits imposed from time to time and subject always to the rules of the scheme.
REPLACEMENT HOLIDAY
As the minimum you should request your holiday with twice as much notice as the amount of days you are requesting off (i.e. for a one-week holiday you must request this at least two weeks before). However we advise that you request holidays as far in advance as possible so that we can endeavour to meet your requests. Your Manager will respond to your request as soon as possible. Holidays will be granted subject to operational requirements and the need to maintain reasonable staffing levels. For any holiday not granted you will need to submit alternative dates. If you book any holidays before the dates have been approved then this is done at your own risk. The Company has the right to specify dates for you to take all or part of your annual leave, such as the restaurant closing or times with a lull in business.
The Company may at its absolute discretion terminate its participation in the scheme or to substitute another pension scheme. Details of the scheme can be obtained from the HR Department.
INTRODUCE A NEW EMPLOYEE One of our core values is to continually aim to find, develop and mentor new waves of talent. We wish to reward employees who introduce new full-time employees to the Company.
MANAGEMENT POSITIONS:
• •
*£500 if the referred friend remains in employment for 3 months A further *£500 If the referred friend remains in employment for 6 months
NON-MANAGEMENT POSITIONS:
•
*£250 if the referred friend remains in employment for 6 months
*Please note that amounts are gross, and are therefore subject to tax and NI.
IN THREE EASY STEPS: 1. 2. 3.
Direct your friend to www.gordonramsay.com/careers to apply for a role. Your friend will need to enter your name on application: ‘I was referred by…………’ If your friend is offered a role and stays for the relevant timeframes, payment will be made directly through payroll, and will be paid into your account on the nearest pay date after the 3/6 month service date has passed.
• •
months and is seeking to return. A candidate is already on a permanent or temporary contract and is seeking to move between business units. If an employee or a manager is directly involved in the recruitment process.
• •
A candidate is already on a temporary contract, is working as an agency worker or contractor for Gordon Ramsay Group. The referral comes through an employment agency. The referred candidate has left the Group in the last 12
•
Discount applies on groups up to 6 Discount applies on all menus, including set menus Friends & Family Discount does not apply to Restaurant Gordon Ramsay or Petrus A maximum number of 10 bookings can be made in one year by an employee Bookings must be made via the Guest Operations Manager in the Reservations Department
Please note that applications should only be submitted with the permission of the candidate involved and only if the candidate meets the minimum standards required for the role. The current employee referring the candidate will not be involved in the recruitment process for the vacant role.
•
USE OF THE RESTAURANTS
It is essential that when an employee dines in one of our restaurants you must conduct yourself appropriately and be mindful at all times of the imression you are providing to our guests. When off duty you are not allowed in the restaurant where you are employed without the permission of the General Manager/Restaurant Manager.
STAFF DISCOUNT Our restaurants can be used outside of working hours by making a booking via the Guest Operations Manager in the Reservations Department at the Support Office. All employees with over 3 months service will be entitled to 30% discount on any restaurant booking covering both food and beverage:
• • •
Discount applies on groups up to 6 Discount applies on all menus, including set menus Bookings are subject to availability and should be booked a minimum 48 hours in advance
The staff discount will increase based on length of service, [with the exception of being applied on bookings in Restaurant Gordon Ramsay or Petrus,] as follows:
• •
Employees with 1 years’ service – staff discount entitlement increases to 40% discount Employees with 2 years’ service + - staff discount entitlement increase to 50% discount
THE REWARD WILL NOT BE PAID IF:
•
• • •
FRIENDS AND FAMILY DISCOUNT All staff will be entitled to receive a 15% discount for their friends and family on food and beverage after 3 months’ service with the Company:
Employees with 1 year’s service – friends and family discount will increase to 20% discount on food and beverage. The same terms apply as above.
CHILDCARE VOUCHERS Employees with children can apply for Childcare Vouchers which allow you sacrifice some of your salary for childcare vouchers allowing you to benefit from reduced tax and national insurance payments. An employee can sacrifice up to a maximum of £243 per month in salary for childcare vouchers depending on the rate of tax they pay. The value of the vouchers requested is taken off your gross salary this can provide savings of up to £77.76 per month in tax and national insurance (or £933.12 per annum) for lower rate tax payers. If you wish to understand more about childcare vouchers please contact the Human Resources Department. NB. Please note that from Autumn 2015, only current participants of this scheme will be able to receive childcare vouchers. The scheme will not be available to new participants post Autumn 2015 when the tax-free childcare scheme will be in force.
GR BENEFITS ASPERITY REWARD GATEWAY GR Benefits is an online portal that offers all employees access to various benefits and discounts on a selected number of products and services. This benefit offers employee discounts across a number of significant brands and retailers including supermarkets, electronics, theatre tickets, holidays and high street retailers. The solution also provides access to discounted vouchers and re-loadable cards. Employees will be able to browse the offers, check their Cashback balance, withdraw or spend their Cashback and buy gift vouchers. The app is fully employer branded, and works on any smartphone browser. The app allows employees to search for local offers based on their location. Simply register at www.grbenefits.co.uk using your employee number and then browse the site for the deals and discounts right for you.
CYCLE TO WORK (CTW) Employees will have access to the Cycle to Work Scheme via the GR Benefits - Asperity Reward Gateway. There will be a selection widow twice a year that employees will be able to join the Scheme. Please contact the Human Resources Department to gain further details about this benefit.
TRAINING AND DEVELOPMENT
strive to provide a culture where everyone feels their views are valued and listened to and ideas are put into action.
We are committed to developing our employees. We will endeavour at all times to ensure that you have on-going development from induction training to areas identified from your appraisal. This will include on the job training and attending structured learning and development activities as appropriate.
The staff notice board and communication board in your restaurant are key communication methods. It is your responsibility to keep updated with the regular information on the notice boards.
FAMILY FRIENDLY POLICY INDUCTION TRAINING A structured programme is put in place for your first 12 weeks of employment, with your performance being reviewed though out the 12 week period. This will include both formal and informal development activities to ensure that you have the skills and knowledge to do your job.
NB: If your child is due after 5 April 2015, please speak to HR Department about your options as you may be eligible for Shared Parental Leave.
MATERNITY
In addition to the nominated training for all employees, additional training and development will be identified on an ongoing basis through review meetings and the appraisal process. This will involve the interaction and commitment of you and your Manager.
You should inform your Manager if you become pregnant. You will also have the opportunity to discuss the situation with Human Resources who will ensure that your workplace and job meets the requirements of the health and safety legislation, relevant to new and expectant Mothers.
PERFORMANCE AND DEVELOPMENT REVIEWS
ANTENATAL CARE
The Company is committed to a review process, which allows each team member to receive formal feedback on their performance, and the opportunity to discuss their development needs and career aspirations. You will receive a minimum of one formal performance review on or around the anniversary of you commencing work with the Company as well as periodic informal reviews during the year. Reviews are generally documented with each employee receiving a copy of the document.
If you are pregnant you are entitled to take reasonable time off during your normal working hours to attend appointments for antenatal care irrespective of your length of service, although whenever possible you should arrange your appointments at the start or end of your working day, or on a day when you do not normally work.
The Company is fully aware of the need for any successful organisation to have effective lines of communication. We have in place a network of meetings as well as job chats and appraisals to ensure that communication is regular and everyone is kept aware of how we are doing against the targets we set ourselves. We will encourage cross-team communication and
Antenatal care is not restricted to medical examinations. It can include relaxation classes as long as these are advised by a registered medical practitioner, registered midwife or registered health visitor. You must advise your Manager that you will be absent as far in advance of your appointment as possible. You will be asked to produce your appointment card, or some other confirmation of your appointment. This will not be required for the first
appointment. There will be no deduction from your salary for attendance at authorised antenatal appointments, including any time spent travelling to the appointment.
ENTITLEMENT TO MATERNITY LEAVE All pregnant employees are entitled to 52 weeks maternity leave – 26 weeks Ordinary Maternity Leave (OML) and 26 weeks Additional Maternity Leave (AML). You are required by law to take a minimum of two weeks’ compulsory maternity leave immediately after childbirth. This forms part of your OML period.
NOTICE OF INTENTION TO TAKE MATERNITY LEAVE If you are pregnant you will be required to notify the Company of your intention to take maternity leave by the 15th week before your expected week of childbirth (EWC). You will need to tell us: • • •
That you are pregnant. The week your baby is expected to be born. When you want your maternity leave to start.
Confirmation of the EWC must be provided by the pregnant employee in the form of a MATB1 which is issued by your midwife or Doctor. The original MATB1 document must be provided, photocopies are not acceptable. The MATB1 must be provided at least 28 days before the maternity leave is due to start to enable Statutory Maternity Pay to be paid. You can start your maternity leave at any time after the eleventh week before your EWC. After you have notified us of the date that you intend your maternity leave to start, you can change the date provided that you give the Company at least 28 days’ notice, unless this is not reasonably practicable. The Company will notify you of the date on which your AML
period will end within 28 days of receiving written notification from you of the date on which you intend your OML to start. When your OML commences because of a pregnancy-related illness, or due to premature birth, the Company will send such notification within 28 days of the date on which you commence your OML. If you wish to return to work before the end of your AML, you must give the Company at least 8 weeks’ advance written notice of the date on which you intend to return to work. If you fail to give appropriate notice, the Company can delay your return to work for 8 weeks or until the end of your AML period, whichever is the earlier. On returning to work from maternity leave, you generally have the right to return to the same job on the same terms and conditions as you would have had if you hadn’t been away. Occasionally, after AML, it may not be reasonably practicable for you to return to your original position. If this is the case, you will, if practicable, be offered another suitable and appropriate job with comparable salary, conditions and status. In the event of illness at the end of your maternity leave, the normal Company rules on sick leave will apply.
STATUTORY MATERNITY PAY To qualify for statutory maternity pay (“SMP”) you must, amongst other things, have at least 26 weeks’ continuous service with the Company at the end of the fifteenth week before your expected week of childbirth. SMP is payable for a maximum of 39 weeks. The first 6 weeks of SMP are payable at a higher rate which is equivalent to 90% of your average weekly earnings. The last 33 weeks will be paid at a flat rate laid down by statute (or the 90% rate if this is lower). If you do not qualify for SMP you may be entitled to claim State Maternity Allowance. The HR Department will be able to advise you on how to make a claim for this.
If you and the Company agree you may carry out up to 10 days’ work for the Company during the maternity leave period without bringing your maternity leave or your entitlement to SMP to an end. These are known as “Keeping in Touch Days” and are designed to ease your return to work. They could be used for training or other events as well as work.
You can choose to start your leave:
The Company may make reasonable contact with an employee on maternity leave for a number of reasons, such as to discuss arrangements for her return to work.
•
PATERNITY LEAVE ELIGIBILITY You will need to satisfy the following conditions in order to qualify for paternity leave. You must: • • • •
Be an employee of the Company. Have or expect to have responsibility for the child’s upbringing. Be the biological father of the child or the mother’s husband or partner, or civil partner. Have been continuously employed by the Company for at least 26 weeks by the end of the fifteenth week before the expected week of childbirth.
You may also be eligible to take paternity leave if you are one member of a couple who is jointly adopting a child, or the partner of an individual adopting a child. For further information you should contact the HR Department.
LENGTH OF ORDINARY PATERNITY LEAVE Eligible staff will be entitled to choose to take either one week or two consecutive weeks’ ordinary paternity leave (you cannot take single days).
• •
From the date of the child’s birth (whether this is earlier or later than expected), or From a chosen number of days or weeks after the date of the child’s birth (whether this is earlier or later than expected), or From a chosen date
Leave can start on any day of the week on or following the child’s birth but must be taken: • •
Within 56 days of the actual date of birth of the child, or If the child is born early, within the period from the actual date of birth up to 56 days after the expected week of birth.
Only one period of leave can be taken, irrespective of whether more than one child is born as the result of the same pregnancy.
STATUTORY PATERNITY PAY To qualify for Statutory Paternity Pay (SPP) you must, amongst other things have been continuously employed by the Company for at least 26 weeks at the end of the 15th week before the expected week of childbirth, or in the case of adoption, by the week in which the approved match has been made with the child. SPP will be paid for either one or two consecutive weeks as chosen at the statutory rate or 90% of average weekly earnings, if this is less. If you are entitled to SPP it will be paid in the month you take the paternity leave, along with the other monies you are due for that pay period. Please note that if you do take paternity leave the Company does not pay the differential in your normal salary for the period. If you do not qualify for SPP you may be able to get Income Support while on paternity leave. Additional financial support may be available through Housing Benefit, Council Tax Benefit, Tax Credits or Sure Start Maternity Grant. Further information is available from your local Social Security Office.
NOTICE OF INTENTION TO TAKE PATERNITY LEAVE You will be required to inform the Company, in writing of your intention to take paternity leave by the 15th week before the baby is expected, unless this is not reasonably practicable. You will need to inform the Company: • • • •
The expected week of the child’s birth. Whether you wish to take one or two weeks’ paternity leave. When you want your leave to start. Provide an original copy of the MATB1 form.
You will be able to change your mind about the date on which you want your leave to start providing you give written notice to the Company at least 28 days in advance (unless this is not reasonably practicable).
TERMS AND CONDITIONS OF EMPLOYMENT WHILE ON PATERNITY LEAVE Whilst on Paternity Leave, you will continue to benefit from the terms and conditions that would have applied to you had you been at work, except for remuneration i.e. wages or salary and any contractual allowances. You will remain subject to your contractual obligations and duties owed to the Company. On returning to work after paternity leave, you generally have the right to return to the same job on the same terms and conditions as you would have had had you not been away.
SHARED PARENTAL LEAVE Shared Parental Leave (SPL) is a form of leave available to working parents following the birth of a child who is expected to be born on or after 5 April 2015. SPL allows parents to take up to 52 weeks leave in total on the birth of a child. Parents may take this leave at the same or at different times. SPL is also available where an adoption agency places a child with you and/or your partner on or after 5 April 2015. The
eligibility and procedural requirements are largely the same as those set out below; however, specific details of SPL for adoptive parents are available from the HR Department.
In order to qualify: •
you must have at least 26 weeks’ continuous employment with us by the end of the Qualifying Week, and still be employed by us in the week before the leave is to be taken;
•
the other parent must have worked (in an employed or selfemployed capacity) in at least 26 of the 66 weeks before the EWC and had average weekly earnings of at least £30 during 13 of those weeks; and
•
you and the other parent must give the necessary statutory notices and declarations (available from the HR Department) including notice to end any maternity leave, statutory maternity pay (SMP) or maternity allowance (MA) periods.
This policy only applies to employees and does not form part of your contract of employment. We may amend it at any time.
TERMS APPLICABLE TO THIS POLICY Expected week of childbirth (EWC): the week, beginning on a Sunday, in which the doctor or midwife expects your child to be born.
PARENT
One of two people who will share the main responsibility for the child’s upbringing (and who may be either the mother, the father, or the mother’s partner if not the father).
PARTNER
Spouse, civil partner or someone living with another person in an enduring family relationship, but not a sibling, child, parent, grandparent, grandchild, aunt, uncle, niece or nephew.
QUALIFYING
Week: the 15th week before the expected week of childbirth.
The total amount of SPL available is 52 weeks, less the weeks spent by the child’s mother on maternity leave (or the weeks in which the mother has been in receipt of SMP or MA if she is not entitled to maternity leave). If you are the mother you cannot start SPL until after the compulsory maternity leave period. If you are the child’s father or the mother’s partner, you should consider using your two weeks’ paternity leave before taking SPL. Once you start SPL you will lose any untaken paternity leave entitlement. SPL entitlement is additional to your paternity leave entitlement.
ENTITLEMENT TO SPL You are entitled to SPL in relation to the birth of a child if: •
you are the child’s mother, and share the main responsibility for the care of the child with the child’s father (or your partner, if the father is not your partner);
•
you are the child’s father and share the main responsibility for the care of the child with the child’s mother; or
•
you are the mother’s partner and share the main responsibility for the care of the child with the mother (where the child’s father does not share the main responsibility with the mother).
OPTING IN TO SHARED PARENTAL LEAVE AND PAY Not less than eight weeks before the date you intend your SPL to start, you must give us a written opt-in notice providing certain prescribed information to the Company. Please ask the HR Department for details of what to include in the opt-in notice.
EVIDENCE OF ENTITLEMENT AND CONTACT DETAILS On request from the HR Department, you must provide: a) A copy of the birth certificate (or if you have not yet obtained a birth certificate, a signed declaration of the child’s date and place of birth); and b) The name of address of your partner’s employer (or a declaration that they have no employer). Providing false information to the HR Department on any of the terms under this policy is prohibited and may be subject to disciplinary proceedings. Should you choose to exercise your right to SPL; you agree that the HR Department may from time to time contact your partner’s employer to discuss and, if necessary, to verify the SPL arrangements for your child.
ENDING MATERNITY LEAVE If you are the child’s mother and are still on maternity leave, you must give us at least eight weeks’ written notice to end your maternity leave (referred to as a “curtailment notice”) before you can take SPL. The HR Department can provide you with the information which must be included in such a curtailment notice. You can give the notice before or after you give birth, but you cannot end your maternity leave until at least two weeks after birth. You must also give us, at the same time as the curtailment notice, a notice to opt into the SPL scheme or a written declaration that the child’s father or your partner has given his or her employer an opt-in notice and that you have given the necessary declarations in that notice. The other parent may be eligible to take SPL from their employer before your maternity leave ends, provided you have given the curtailment notice. The curtailment notice is usually binding and cannot be revoked.
You can only revoke a curtailment notice in certain circumstances. Please speak to the HR Department if you wish to revoke a curtailment notice. If you are the child’s father or the mother’s partner, you will only be able to take SPL once the mother has either: • • • •
returned to work; given her employer a curtailment notice to end her maternity leave; given her employer a curtailment notice to end her SMP (if she is entitled to SMP but not maternity leave); or given a curtailment notice to the benefits office to end her MA (if she is not entitled to maternity leave or SMP).
SPL DATES Having opted into the SPL system you will need to give a period of leave notice telling us the start and end dates of your leave. You may be entitled to split periods of SPL and in certain circumstances may be entitled to change or cancel your periods of SPL. There are certain statutory requirements which we will comply with in this regard. Please discuss all issues concerning SPL dates with the HR Department.
SHARED PARENTAL PAY ShPP of up to 39 weeks (less any weeks of statutory maternity pay claimed by you or the other parent) may be available provided you have at least 26 weeks’ continuous employment with us at the end of the Qualifying Week and your average earnings are not less than the lower earnings limit set by the government each tax year. ShPP is paid at a rate set by the government each year.
TERMS AND CONDITIONS OF EMPLOYMENT DURING SPL Your terms and conditions of employment remain in force during SPL, except for the terms relating to pay.
KEEPING IN TOUCH We may make reasonable contact with you from time to time during your SPL although we will keep this to a minimum. This may include contacting you to discuss arrangements for your return to work. You may ask or be asked to work (including attending training) on up to 20 “keeping-in-touch” days (KIT days) during your SPL. This is in addition to any KIT days that you may have taken during maternity leave. You will be paid at your normal basic rate of pay for time spent working on a KIT day and this will be inclusive of any shared parental pay entitlement.
RETURNING TO WORK If you want to end a period of SPL early, you must give us eight weeks’ prior notice of the return date. If you want to extend your SPL you must submit a new period of leave notice at least eight weeks before the date you were due to return to work, assuming you still have SPL entitlement remaining and have not already submitted three period of leave notices. If you are unable to request more SPL you may be able to request annual leave or ordinary parental leave, which will be subject to business need. You are normally entitled to return to work in the position you held before starting SPL, and on the same terms of employment. However, if it is not reasonably practicable for us to allow you to return into the same position, we may, in certain circumstances, give you another suitable and appropriate job on terms and conditions that are not less favourable. If you want to change your hours or other working arrangements on return from SPL you should make a request under our Flexible Working Policy. If you do not want to return to work you should give notice of resignation in accordance with your contract.
ADOPTION LEAVE Adoption leave and pay provisions apply to employees who are expecting a child to be placed with them for adoption by a UK adoption agency. Those employees who are adopting a child should contact the HR Department to get full details of eligibility and entitlement to Statutory Adoption Pay.
The child must be under the age of 18. The right to parental leave lasts for five years from the date on which the child is placed for adoption. Parents of disabled children will be entitled to 18 weeks’ parental unpaid leave and can take the leave up until the child’s eighteenth birthday. Employees who work part-time, a week’s leave is based on their normal working week under their contract of employment.
PARENTAL LEAVE
NB. From 5 April 2015, parental leave can be taken at any time up to the child’s 18th birthday.
ENTITLEMENT TO PARENTAL LEAVE
Any Parental Leave taken with a previous Company must be deducted from the 18 weeks’ entitlement.
Employees, both male and female, are allowed to take unpaid leave, subject to the conditions set out below, to care for a child for whom they have responsibility if: • • •
they have at least 12 months’ service with the Company prior to the leave; and either the child is under 5 years of age (from 5 April 2015, 18 years of age); or the child is disabled and is under 18 years of age.
Parental leave must be taken: • •
•
if the child is under 5, before the child’s fifth birthday; if the child is adopted, no later than the fifth anniversary of adoption or the child’s eighteenth birthday, whichever is the earlier; or if the child is disabled, no later than the child’s eighteenth birthday.
Employees who are eligible will be entitled to take 18 weeks’ parental unpaid leave. This leave may be taken at any time up to the child’s fifth birthday. This right also applies to employees who have acquired formal responsibility for a child e.g. guardians. Employees who have at least one year’s continuous service who adopt a child will also be entitled to 18 weeks’ unpaid leave.
PERIOD OF PARENTAL LEAVE An employee may not take more than four weeks’ leave per child in any one calendar year. The leave must be taken in blocks of one week at a time, except for the parents of disabled children who may take leave in multiplies of one day. Any period of parental leave taken during any previous employment will be taken into account in calculating the entitlement to parental leave in respect of that child during your employment with the Company. You must authorise your previous employer to notify us of your parental leave status if you ask us to do so.
NOTICE OF PARENTAL LEAVE •
•
•
Employees must give at least 21 days’ notice of an intention to take parental leave, giving the dates when the leave is to start and finish. Applications for parental leave must be made by making the request in writing to the Human Resources Manager and employees will be required to provide evidence of their responsibility for the child and the child’s age. An employee may take time off immediately after the birth a child, and parents immediately after an adoption provided that they give 21 days’ notice before the beginning of the expected week of the child’s birth or placement date for the adoption.
POSTPONING PARENTAL LEAVE It may be necessary to postpone parental leave for up to six months (unless it is being taken immediately after a child is born or adopted) where the Company would be unduly disrupted or would be harmed by the employee’s absence. Postponement will be confirmed in writing within 7 days after the employee’s notice to take leave. The written notification will state the reason for the postponement and set out the new dates of parental leave.
TERMS AND CONDITIONS OF EMPLOYMENT DURING PARENTAL LEAVE Employees will remain employed during the parental leave period. However the parental leave period will be unpaid and the employee will not receive remuneration for the full period of absence. Employees are obliged to continue to comply with their contractual terms, specifically their obligation of good faith and any contractual terms and conditions relating to notice periods and disclosure of confidential information. Where the Company employs both parents, each will be entitled to parental leave but both employees may not take the parental leave at the same time.
To enable you to take time off you must notify your Manager immediately and gain the appropriate authorisation and give an indication of the expected length of absence. The purpose of this unpaid leave is to deal with immediate requirements and needs of a dependent, rather than to deal with long-term arrangements. ‘Reasonable’ time off will of course vary according to the circumstances of the emergency. For most cases, one or two days should be sufficient to deal with the problem.
Your dependant can be any of the following: • •
•
Your husband, wife, child or parent; Someone who lives with you for example a partner or a grandparent (but does not include anyone who is your employee, tenant, lodger or boarder); Anyone who relies on you, when he or she is ill or injured, either to assist them or to make arrangements for someone else to assist them.
•
•
you have been continuously employed by the Company for at least 26 weeks at the date on which the application is made; You have not made a formal request to work flexibly during the last 12 months.
You are encouraged to have an initial informal discussion with the HR Department to discuss your desire to change your working arrangements. If, following that discussion, you wish to make an application to change your working arrangements, you should make a formal request. You can make a request to:
You should make a formal written request by completing an application form available from HR which must include the following information:
The Company policy for compassionate leave is that an employee is entitled to 3 days’ paid compassionate leave if they suffer a bereavement of a close relative - Father, Mother, Wife, Husband, Permanent Partner, Child, Brother, Sister, Grandparent, Grandchildren.
• •
•
All time off work for dependants will be unpaid.
You may take a reasonable amount of unpaid time off work in the following circumstances:
•
You are eligible to make a request for flexible working if:
• • •
COMPASSIONATE LEAVE
To help when a dependant gives birth, falls ill, is injured or assaulted; To make arrangements for the care of a sick or injured dependant; To deal with the death of a dependant; To cope when care arrangements for a dependant are unexpectedly disrupted or terminated; To deal with an unexpected incident involving a dependant child at school.
In order to assist you to balance your work and non-work commitments, the Company supports a range of flexible working options.
You should, as far as possible, agree with your Manager how long you will be away from work and any relevant documents should be shown to your Manager.
TIME OFF WORK FOR DEPENDANTS
•
FLEXIBLE WORKING
The number of actual days paid compassionate leave must be authorised and agreed by the employees Line Manager prior to the leave commencing. The granting of paid compassionate leave beyond this is given at the discretion of the HR Director.
• •
• • •
•
change the hours you work; change the times when you are required to work; or work from home (whether for all or part of the week).
that the application is being made under the statutory right to request a flexible working pattern; what effect, if any, you think the proposed change will have on the Company and how, in your opinion, any such effect might be dealt with; the flexible working pattern applied for; the date on which you want the proposed change to take effect; whether a previous application has been made to the Company and if so, when it was made; and the date it is made. Where possible you should make the application at least 12 weeks before you want the change to take effect to give the Company time to properly consider it.
The Company will usually hold a meeting to discuss your application within 28 days of receiving a completed application form. This meeting may be delayed if the person who would normally deal with the application is temporarily absent or unavailable. A chosen companion can accompany you to the meeting. The companion must be a worker employed by the Company. The companion can address the meeting and confer with you during it, but cannot answer questions on your behalf. If the companion is unable to attend the meeting, you can re-arrange the meeting for a date within 7 days of the originally proposed time, provided the new time is convenient to all parties. The Company will inform you of its decision as soon as possible and ideally within 14 days of the meeting. If the Company agrees to the request (including where this is subject to a satisfactory probationary period) the HR Department will complete all necessary paperwork and send it to you.
If the Company cannot agree to the request, the reasons for its decision will be confirmed to you in writing. The application can be refused for one or more of the following business reasons:
You can appeal against the Company’s decision to refuse your request within 14 days of receiving notification of the refusal. The appeal request must:
• • • • • • •
• • •
•
burden of additional costs; detrimental effect on ability to meet customer demand; inability to re-organise work among existing staff; inability to recruit additional staff; detrimental impact on quality; detrimental impact on performance; insufficiency of work during the periods the employee proposes to work; and planned structural changes.
There may be occasions when the viability of the proposed working arrangement is unclear and at its discretion the Company may propose that the new arrangements be the subject of a trial period. If this is proposed the Company will set down the terms of the trial, including intended duration, success criteria and the parties’ rights to end it.
be in writing; set out the grounds of appeal in full; and be dated
The Company will usually hold a meeting with you to discuss the appeal within 14 days after receipt of your appeal request. You are entitled to have an employee or trade union representative present at the meeting. The Company will inform you of the outcome of the appeal within 14 days of the meeting. If the Company upholds the appeal and agrees to your request the HR Department will complete all necessary paperwork. If the appeal is refused, the grounds for the decision will be confirmed to you in writing.
You are only permitted to make one application each year. Each year runs from the date on which the application was made. If your request or appeal is accepted by the Company the changes to your terms and conditions of employment will be permanent unless agreed otherwise, but subject always to the Company’s right to make reasonable changes to your terms of employment where good business reasons exist.
NOTIFICATION OF ABSENCE The Company’s sickness policy is intended to form part of your terms and conditions of employment. If you are unable to attend work due to illness or incapacity or some other unforeseen reason you must inform your Manager or the most Senior Manager on Duty that you are unable to work as soon as possible and at a very minimum at least two hours before you are due to report for duty, explaining the reason and the likely duration of your absence. If you are unable to call yourself due to incapacity then you must arrange for someone to do so on your behalf. For employees who work nights, they must inform their Manager or the Duty Manager as stated above however the employee must contact work at least two hours prior to the normal shift start time. Please note that above are the minimum stated times and you are reminded you should call as soon as possible once you realise you will be unable to attend work. You should telephone, or arrange for someone to telephone on your behalf in the case of emergencies, your Manager on each subsequent day of absence, and give some indication of when you will be able to return to work and if you have contacted a Doctor. If you have sent in a Medical Certificate then this will indicate the duration of your illness and you need not telephone on a daily basis after a Doctors Certificate is received. Texting or e-mailing are not acceptable methods of communicating with the Company when notifying of sickness absence. A telephone call is the only acceptable method of communication.
SELF CERTIFICATION AND DOCTOR CERTIFICATES If you are unable to work through illness for 7 calendar days or less you should complete a self-certification form immediately upon your return to work. You will be able to obtain a form from your Line Manager. If you are absent from work for 8 or more calendar days you must obtain a Medical Certificate (Med 3 Form) – Statement of Fitness to Work - from your Doctor which you should send to the Human Resources Department, covering the period of your sickness absence. Company and/or Statutory Sick Pay will not be paid unless the appropriate certificates are received (i.e. the self-certification form or Medical Certificate). A private medical form is not acceptable. The Company may require you to obtain a Medical Certificate relating to a period of sickness less than 8 days in duration. If this is requested you are responsible for any charge made by your Doctor. In some circumstances you will be asked to provide a Medical Certificate to certify that you are fit to return to work. This will be especially relevant if you work in a food handling and service area. To be able to return to work prior to a Medical Certificate expiring you must get written confirmation from your Doctor confirming your fitness to return to work. If you are off sick for a period of 4 weeks or more and return to work, then you must verify your fitness to return to work by obtaining written confirmation from your Doctor. Without confirmation on fitness to work you will not be able to commence your normal duties.
RETURN TO WORK On your return to work from any period of sickness your Manager will conduct a “return to work” interview with you. If any Medical Certificates or self-certification forms have not been previously sent they must be handed in at this meeting. It may be necessary for the Company to contact you during your sickness absence, particularly with regard to your work in progress. It is therefore essential that the Human Resources Department is informed of any changes in your contact telephone numbers.
NON-ATTENDANCE OR INTERMITTENT SHORT TERM ABSENCES In order to ensure consistency across the Company all Managers will investigate non-attendance where the levels exceed any one of the following: • • • •
Three occasions of lateness in a rolling twelve month period. Twenty days continuous absence. Three spells of sickness in a rolling twelve month period. Any unauthorised absence.
Please note this is not an exhaustive list on when absence will be investigated. In some cases, dependent upon the outcome, this investigation will result in a meeting being arranged with the employee in order to discuss their absence levels and the reason for it in a fair and factual way. It may also require a Doctor or Specialist Report to determine whether there is any underlying medical cause for the employee’s frequent absences. The Disciplinary or Capability Procedure may be invoked, depending on the circumstances, if there is not an immediate and sustained improvement in the overall attendance levels, or if it is deemed that the absence is potentially not a genuine absence.
STATUTORY SICK PAY If you are eligible you will receive Statutory Sick Pay (SSP) when you are absent from work due to sickness or injury. SSP will be paid at the applicable rate. If you earn at least the Lower Earnings Limit (before tax) per week; you have notified us of your absence; and are sick for at least four consecutive days, you may be entitled to receive SSP at the standard weekly rate. SSP will only be paid for the days on which you would normally work (known as qualifying days). SSP is paid for a maximum of 28 weeks of absence and is subject to statutory deductions. Periods of incapacity for work (PIW) that are eight weeks or less apart are linked and counted as one period of sickness. The Company is not liable to pay you SSP in certain circumstances, some examples of which are listed below:
You are no longer sick;
LONG TERM ABSENCE
• •
When an employee is on long term absence the Company will seek to maintain regular contact with the employee and the employee will have a responsibility to keep the Company informed on an on-going basis of their progress, and ensure all the necessary medical certificates are provided to the Company in good time. Failure to keep the Company informed, and the provision of the required documentation, could lead to disciplinary action being instigated and the absence being deemed as unauthorised.
•
•
You have reached the end of your contract of employment; You have not actually started work under your contract of employment; You have reached the maximum entitlement to SSP (i.e. had 28 weeks from the Company during a PIW or from a former employer when the last day in which SSP was paid was within eight weeks of the current PIW); You have not complied with the Company’s sickness policy.
DOCTOR AND DENTIST APPOINTMENTS It is in your own interest to be registered with a Doctor and Dentist whose surgeries are near to your home or your place of work. If you need to make an appointment it is expected that you do so outside your working hours. When circumstances make this impractical, please keep your Manager informed at all times and reasonable time off will be authorised as long as sufficient notice is provided.
HOSPITAL APPOINTMENTS Reasonable time off work will be provided to attend hospital appointments, with prior agreement with your Manager. Where practical, you should attend work before and/or after the appointment. You should however endeavour to arrange appointments to fall on your day off.
JURY SERVICE If you are called upon for Jury Service you are not entitled to be paid for your absence while on Jury Service. You will need to claim the full extent of allowances to which you may be entitled to from the court. Your Manager must be kept informed when you receive a request to attend Jury Service and any relevant documents shown to them, particularly as business needs may result in the Company asking you to decline the request in exceptional circumstances.
The Company may request to contact your doctor and/or ask you to be seen by a doctor of the Company’s choosing. The purpose of such a request is to enable the Company to understand what if any steps that could be taken to potentially assist with your return, and to also gain clarity on the likely length of the absence and whether you will be able to return to work in the same capacity. On the basis of the medical reports, the Company will consider what action can be taken and whether suitable alternative work may be available to enable the employee to return to work more quickly, or modifications to their current position. Factors which would be considered by the Company will include: • • • •
Allowing a gradual return to work – building up from parttime to full-time Review work pattern Consider advice from Doctor / Medical Professional Compose a return to work plan – setting goals, time periods, review periods to assess where the plan is being followed and is it working.
Refusal by the employee to co-operate in authorising the Company to contact their Doctor or agree to see an independent medical practitioner will result in the Company having to make decisions based on the limited information available. The Company may investigate the authenticity of an employee’s absence by using independent surveillance services.
HEALTH AND SAFETY RESPONSIBILITIES UNDER HEALTH AND SAFETY We realise the importance of providing an environment for our guests and employees which complies with the Health and Safety legislation and we rely on the co-operation of our employees to fulfil their responsibilities in these areas. The following information is designed to give you an overview of our policies and procedures. During your employment you will be trained in the applicable health and safety areas, so that you can confidently carry out safe working practices at all times. It is your responsibility to ensure that you attend the applicable training and workshop sessions.
FOOD SAFETY AND HYGIENE The aim of Gordon Ramsay Holdings Food Safety Policy and Hazard Analysis is to ensure safe, and the highest quality, food is provided for all its guests and employees. The Company is committed to ensuring the standards of hygiene and safety adopted in respect of its food operations, are over and above those required by the law. We have a commitment to the principles of hazard analysis and have identified the potential food hazards in our operations and implemented effective control and monitoring procedures at those points critical to food safety. All members of management and employees will apply considerable effort, both individually and collectively, towards achieving food safety.
You can find a copy of the Health and Safety Policy in the office of the restaurant. If you require a copy of the Policy it can be obtained from the Human Resources Department.
All kitchen employees, with 3 months or more service, and designated employees will be required to undertake a Basic Food Hygiene course or produce a certificate which is valid within the last 3 years.
In addition to the Company’s obligations, whilst at work all individuals have the following specific responsibilities regarding health and safety:
INFECTIOUS DISEASES
•
•
•
To take reasonable care for the health and safety of yourself and others who may be affected by your acts or omissions at work. “Others” include fellow members of staff, customers, guests, contractors and members of the public with whom you come into contact during the course of your work. To co-operate with the Company by complying with the duties and requirements regarding health and safety laid down by the Company and by health and safety legislation. Not to interfere intentionally or recklessly with or misuse anything provided by the Company in the interests of health and safety.
If you contract or come into contact with a serious infectious disease, you must not attend work and must visit your Doctor immediately and then call the Human Resources Department and notify them of your condition, and likely period of absence. Some of the more common infectious diseases listed in the Health and Safety at Work Act are as follows: Measles, Hepatitis, Typhoid, Chicken Pox, Impetigo, German Measles (Rubella), Food Poisoning, Tuberculosis, Scabies, Ringworm, Mumps, Meningitis, Severe Diarrhoea and Polio. This list is not exhaustive.
ACCIDENTS AND FIRST AID A list of trained First Aiders is displayed on the notice board and on departmental notice boards where applicable. Treatment for accidents, however small, must be obtained from one of the
qualified First Aiders on the premises. All accidents to both guests and employees must be reported immediately to your Supervisor or Manager. An Accident and Incident Report Form must be completed by a senior manager and sent to our Health and Safety Consultants by email and on www.psndirect.co.uk (Perry Scott Nash).
FIRE SAFETY You will be made aware of the fire evacuation procedure on your first day of employment. You must always respond promptly to the evacuation alarms. Respect fire safety measures such as keeping corridors and fire exits clear and fire doors closed. If you notice smoke or any other signs of a fire, raise the alarm immediately. Only attempt to tackle a fire if you have been trained on the fire fighting equipment and you are sure the fire is small enough (no larger than a waste paper basket) and your exit is clear – if this is not the case leave the area and close all doors behind you. Do not use any lifts and ensure you leave by the nearest fire escape. During your first day induction at the restaurant you will be shown the fire escapes and the assembly point for your restaurant, where you should wait, until the designated person tells you it is safe to return to the building. Should any employee contravene the Health and Safety and Fire Safety Procedures it may be necessary to instigate disciplinary action which could result in the dismissal of the employee.
PERSONAL HYGIENE The nature of our industry requires that the highest levels of hygiene both personal, and in relation to the products and services we offer, are maintained at all times. Everyone has a personal responsibility for maintaining their own personal hygiene and for ensuring that standards of appearance and dress are maintained to the Company standards.
YOUR CONDUCT DISCIPLINARY POLICY All employees are required to observe the Company’s terms and conditions of employment, the required standards of performance and the Company’s rules. It is the responsibility of all employees to familiarise themselves with the Rules of Work – as defined in the contract of employment, job description, restaurant procedures, order of service, menu specifications, the handbook, policies, notices, emails and staff memoranda as distributed by the Company and instructions given by Line Management, and each employee must clearly understand what is fully expected of them. These documents set out the standards of conduct and performance expected of all employees. Disciplinary procedures help to ensure those standards are maintained and also ensure fairness and consistency of approach in dealing with any failure to observe the Rules of Work. Except where indicated, they are non-contractual and do not confer any legal rights on employees. Corrective coaching and training will usually be the preferred first course of action of your Manager if performance is not of the required standard but it may be necessary to take disciplinary action. During the probationary period for new employees regular performance reviews will take place, however the Company reserves the right to transfer or demote the employee or terminate the employment without observing each stage of the Disciplinary and Capability Procedures. Where an employee fails to abide by the Company Rules of Work, such misconduct will be dealt with as a disciplinary matter in accordance with the following procedure. Very minor misconduct or breaches of rules will normally be dealt with in the first instance through informal discussion between you and your Manager. This does not constitute part of the formal disciplinary procedure. However, Managers will make notes of the date, circumstances and advice given. You will be informed that there is a risk of formal disciplinary proceedings should you fail to meet any requirements for future behaviour.
It is not possible to anticipate and provide expressly for all circumstances where consideration of disciplinary action may be appropriate. For that reason we reserve the right to omit one or more stages of the process where circumstances dictate. In other words, you are not guaranteed to receive a warning before any proposed dismissal. We may enter the disciplinary procedure at any stage that we deem appropriate to the disciplinary issue, having regard at our discretion to matters such as the nature of the poor performance or misconduct, your seniority, the extent to which you are or should already be aware of the issue, your length of service etc. Where the performance of an employee is not at the required level the Manager will support, coach and encourage the employee to achieve a permanent improvement in skills, ability and/or knowledge. Managers are responsible for ensuring their staff achieve the proper standards of work performance. If an employee’s work performance is below standard, the Manager is responsible for investigating the cause and taking suitable action.
INVESTIGATION In the majority of cases, no disciplinary action will generally be taken against you until the matter has been investigated. Depending on the circumstances this may be at the disciplinary meeting itself or at one or more prior investigatory meetings. We may suspend you on full pay while we investigate the matter. Suspension during investigation does not constitute disciplinary action or a pre-judgement of the issue. The period of suspension will be for the duration of the investigation or such other period as we may decide is reasonable. Exceptionally we may suspend you without pay if there are reasonable grounds for believing that you have committed an act of theft, fraud or dishonesty causing financial loss to the Company. If you are subsequently cleared of the allegations, you will be entitled to be paid all monies withheld during the period of suspension. The power to suspend you without pay in these limited circumstances forms part of your terms and conditions of employment.
If we decide that suspension is not required in any case, this has no bearing upon the view which we may ultimately take of the seriousness of the offence or the sanction which we decide to impose. If formal disciplinary action is deemed necessary following any investigation, a disciplinary meeting will be arranged. You will not generally be permitted to be accompanied to an investigation meeting.
DISCIPLINARY PROCEDURE If we suspect you have committed an act of misconduct or poor performance you will be informed in writing of the allegations against you and the likely sanction that will be imposed if the allegations are upheld. You will be invited to attend a meeting to discuss this in accordance with the following procedure. You will be interviewed by your Line Manager or such other person as we decide is appropriate who will discuss with you the alleged misconduct or poor performance and any evidence that has been gathered. ou will be given the opportunity to respond to the allegations and put your case before any final decision is made as to whether you should be disciplined and at what level. You will be notified in writing of the outcome of the disciplinary hearing within a reasonable period. We will try to keep you informed if the outcome is likely to be unusually delayed. If we decide that disciplinary action is required then the following sanctions may apply. In deciding what sanction to impose, we will consider the nature of the offence, the extent to which our concerns may already have been brought to your attention outside the formal disciplinary process, your disciplinary record, any mitigating circumstances, the seriousness of the impact of the offence on the Company, the likelihood of effective corrective action by you and any other factors that we reasonably consider appropriate.
• • • • • •
Transfer to another restaurant in the Group Demotion Verbal warning Written warning First and final written warning Final written warning
• • • • •
DISMISSAL For offences of gross misconduct or gross negligence or if you have committed a further offence during the period covered by a final written warning then you may be dismissed. In the case of gross misconduct or gross negligence, dismissal will generally be without notice or notice pay. A written or final written warning will remain in force for 12 months unless otherwise stated. Any warning may be retained on your personnel file beyond this period to the extent it remains relevant to other decisions relating to your employment, for example pay, promotion, etc.
EXAMPLES OF MISCONDUCT The following list provides examples of conduct that will normally be regarded as Misconduct leading to disciplinary meetings. This list is not exhaustive. These are examples only: •
• • •
• • •
unsatisfactory work performance/incompetence i.e. failure to carry out your duties to the performance levels indicated during instruction and training. verbal abuse of colleagues or members of the public - using aggressive, abusive language or behaviour. minor breaches of relevant statutory or regulatory requirements. communicating with clients and potential clients and anyone who comes into contact with the Company in a manner that does not create an impression of loyalty, professionalism and competence. minor carelessness, negligence, incompetence or nonperformance of tasks or work related duties. poor time keeping. excessive absenteeism.
• •
failing to treat all property belonging to clients and to the Company with care and respect. obstructing the flow of work. misuse of the Company’s property, including telephones, email and/or internet systems. leaving the work place during working hours without informing an officer of the Company. harassment or intimidation of any colleague; this includes any behaviour or language which indicates a failure to recognise the rights of others to be treated with respect and not to be discriminated against in any way. unauthorised absence from the workplace. failure to follow instructions.
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smoking in designated No Smoking Areas; infringement of health and safety rules; conviction of a criminal offence having a bearing on your employment; misuse of, or disclosing without permission, Company confidential information; competing (or preparing to compete) with the Company or undertaking paid or unpaid work for any third party without the consent of the Company; unauthorised use of computer systems or security passwords; loss of any registration or licence required for the proper performance of your duties; and assisting, encouraging or procuring any other member of staff to commit any act which amounts to gross misconduct; any act of bribery or inducement.
EXAMPLES OF GROSS MISCONDUCT
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Gross misconduct is serious and unacceptable conduct by an employee. It includes but is not limited to the following actions:
ATTENDANCE AT DISCIPLINARY HEARINGS
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theft, fraud or other acts of dishonesty, including falsification of claims or expenses or misappropriation of Company property (including unauthorised borrowing of Company property); wilful or reckless destruction of or damage to Company property; physical violence or threats of physical violence or intimidation; serious rudeness or swearing at other members of staff, management or customers; deliberate harassment, discrimination, victimisation or bullying of candidates, employees, customers, clients or suppliers on grounds of race, sex, sexual orientation, religion, disability or age; insubordination or unreasonable refusal or serious failure to comply with Company instructions or Company policies or standard operating procedures; acts or omissions which bring (or which the Company reasonably considers are likely to bring) the Company into disrepute; unauthorised absence; attending work or being on Company business under the influence of alcohol or illegal drugs or being in possession of illegal drugs on Company premises;
You must make every effort to attend any disciplinary hearing. If you fail to attend without proper excuse, we may proceed with the hearing in your absence and draw such inferences as are appropriate from the material in our possession and from your absence. If you suffer from a disability or are otherwise unwell and as a result your ability to represent yourself at a disciplinary hearing may be impaired, you must notify the HR Department immediately. We will then consider what if any steps we can take to ensure you are not unreasonably disadvantaged during the disciplinary process. We will require confirmation from your doctor that you are too sick to attend the hearing, not just that you are too unwell to work. You should notify us at or before the meeting of any witnesses you think we should talk to or documents you think we should look at to assist us with our decision.
REPRESENTATION If you are asked to attend a disciplinary hearing, you have the right to be accompanied by a willing work colleague or trade union representative of your choice if you reasonably request this. You must make a written or verbal request to be accompanied. The request must be made to the HR Department and should be made at the earliest opportunity prior to the hearing. This right does not apply to investigatory meetings although we will usually allow this. We will arrange for the disciplinary hearing to take place. If your chosen representative cannot attend on the date proposed, you can offer an alternative time and date so long as it is reasonable and falls within 5 working days after the date proposed by us. Your chosen representative will be able to address the hearing, put forward your case, sum it up, respond to any views expressed at the hearing and confer with you, but cannot answer questions on your behalf. If your chosen representative disrupts the meeting in such a way that it cannot reasonably continue, we may adjourn the meeting. If your chosen representative continues to disrupt the meeting when it resumes following any adjournment then we will give you the choice of continuing without your representative or our making a decision based on the information known to us without the meeting continuing. If you do not comply with this procedure you may lose your right to be accompanied by your chosen representative. We do not regard it as a reasonable request for an employee to be accompanied by another worker against whom the same disciplinary allegations have been raised or who is otherwise involved in the subject matter of the allegations.
APPEALS If you are unhappy with the outcome of any disciplinary action taken against you, you may appeal against that decision to a more senior manager whom we decide is the most appropriate in the circumstances (the “appeal manager”). If you wish to appeal you must notify the HR Department in writing within 7 days of the date of the letter detailing the outcome of the disciplinary hearing. Your letter should set out the full grounds of your appeal and whether it relates to the finding of guilt, the penalty imposed or both. You will be invited to attend the appeal hearing where you will have the right to be accompanied by your chosen representative and the provisions set out above relating to representation will apply.
We will inform you in writing of our final decision after the appeal hearing. This decision will be final and there is no further right of appeal. If you appeal against a decision to dismiss you, and the appeal manager decides to overturn this decision, you will be reimbursed for any loss of wages/salary backdated to the dismissal date and your employment will be regarded as continuous. However, appealing does not suspend the operation of the dismissal (unless of course it is successful).
SICKNESS DURING DISCIPLINARY PROCEEDINGS
The appeal manager may:
If you go off sick at any time during the disciplinary procedure (including any appeal) you are not entitled to receive Company sick pay. We may in the circumstances withhold Company sick pay in our absolute discretion until the disciplinary process has been completed. If you are cleared of the allegations against you then we will normally pay you Company sick pay for the period whilst you were off sick. If the allegations against you are upheld we are under no obligation to pay Company sick pay to you in respect of any period whilst you were off sick. This section of the disciplinary procedure forms part of your terms and conditions of employment.
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GRIEVANCE POLICY
The conduct of the appeal will be a matter for the appeal manager who may call such witnesses and consider such documents as s/he feels appropriate. S/he may also adjourn the meeting to conduct any further enquiries that s/he believes are necessary.
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confirm the disciplinary action taken; or uphold the appeal and set aside the original disciplinary action; or substitute an alternative form of disciplinary action or penalty if s/he thinks it appropriate to do so; or propose a higher form of disciplinary action or penalty if s/he thinks that the previous sanction was too lenient in all the circumstances. This may be for exceptional reasons including because the disciplining manager was not aware of all the facts or because s/he was not aware of previous precedent.
You must make every effort to attend the appeal hearing. If you fail to attend without proper excuse we may proceed with the hearing in your absence and draw such inferences as are appropriate from the material in our possession and from your unreasonable absence.
The Company considers it important that good working relationships are maintained at all levels throughout the organisation, and the following procedure has therefore been established to deal with any problem related to employment. The objective of the procedure is to settle all grievances as speedily as possible in a fair and equitable manner. Our policy is to ensure that such grievances are aired and, where possible, resolved quickly and to the satisfaction of all concerned. If you wish to raise an issue formally on any matter affecting your employment or your relationship with the Company you may seek redress in the following manner. This policy sets out the procedure that will be followed in such circumstances. Except where indicated, this procedure is noncontractual and does not confer any legal rights on employees.
We reserve the right to adapt and amend the procedure according to the circumstances of the grievance raised. This procedure does not apply to complaints about any actual or proposed disciplinary action or dismissal. Any concerns which an employee may have about these should be dealt with by appealing through the disciplinary procedure.
INFORMAL DISCUSSION In the first instance if you have a grievance you should discuss it informally with your Manager. The Company will aim to resolve any grievances wherever possible at this stage. Such informal approaches will be treated in confidence and (save in exceptional circumstances, such as where the conduct is so serious that the Company can’t ignore it) will not be reported without your agreement.
STAGE ONE If you feel that the matter has not been resolved through informal discussions, you should put your grievance in writing detailing the exact nature of your grievance to your immediate Manager. Your written grievance should also detail what resolution you are seeking. Where the grievance is against your Manager the matter should be raised with a more senior Manager or the HR Manager. You should provide the Company with any documents or witness statements that you want the Company to take into account in resolving your grievance. It is preferable if these documents could be lodged at the same time as you put your grievance in writing. At or before the meeting you should notify the Company of any witnesses you think we should speak to or documents we should look at to assist in reaching a decision on your grievance. If necessary a meeting will be arranged to discuss the grievance with the applicable Manager. The Manager should give a written response, or arrange a meeting, within 7 working days of the receipt of the grievance. If this is not possible you will be informed of the reason for the delay and told when a response/meeting can be expected.