Eden Estate Agents Limited Employee Handbook by Nick Miller

Employee Handbook

Fine & Country North Cumbria Head office: 50 Warwick Road, Carlisle, CA1 1DN

Introduction Fine & Country North Cumbria and Fine & Country are trading names of Eden Estate Agents Limited. The purpose of this Handbook is to provide you with important information about your work with us, to explain the policies which relate to your work, and set out the expectations of how you will be treated and how we expect you to behave. This Handbook should be read in conjunction with either your Written Statement of Employment (“Statement”), but it does not form part of your contract with us. You will be noti ed of any changes to this Handbook. Should there be any con ict between the terms and provisions of this handbook and the Written Statement of Employment then the provisions of the Written Statement of Employment will prevail. Document History Version Number 5.0

Date

Details Rewrite of handbook in conjunction with Statement.

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

Table of Contents

1. Absence from work 1.1 Holiday entitlement

1.2 Time off for family emergencies

1.3 Bereavement

1.4 Jury service

1.5 Other absence

1.6 Sickness absence

2. Remuneration

2.1 Pay and bonus

2.2 Time Off In Lieu (TOIL)

2.3 Expenses

2.4 Training fees

2.5 Pension

3. Your health, safety and wellbeing

3.1 Health and safety

3.2 Smoking

3.3 Home working

3.4 Alcohol and other substance abuse

3.5 Disruption caused by extreme weather conditions

4. Working Practices

4.1 Con dentiality

4.2 Maintenance of company equipment

4.3 Car use

4.4 Use of IT and social media

4.5 Equal opportunities, dignity and respect

4.6 Whistle blowing

4.7 Dress code

4.8 Flexible Working

4.9 Data protection

5. Family friendly policies

5.1 Maternity

5.2 Paternity Leave

5.3 Shared Parental Leave

5.4 Parental Leave

5.5 Adoption leave policy

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

6. Your performance

6.1 Day to day performance management

6.2 Capability procedure

6.3 Disciplinary procedure

6.4 Grievance procedure

7. Leaving us

7.1 Resigning

7.2 Retirement

7.3 Redundancy

7.4 References

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

1. Absence from work 1.1 Holiday entitlement Your holiday entitlement is outlined in your Statement. The holiday year runs from 1 January to 31 December each year. There are a few other points to clarify: 1.1.1 Booking holiday We will try to co-operate with your holiday plans wherever possible subject to the requirements of our business. However, you are advised not to commit to any arrangements before having formal authorisation of your holiday. You should discuss your holiday request with your manager in the rst instance, with as much advance noti cation as possible and in any case with one month’s notice for any period greater than two days. We reserve the right to refuse your holiday request where you have exceeded your holiday leave entitlement, or where this will result in operational dif culties for the business. If your request is refused you will be given notice of refusal as soon as practicable. You should use your full entitlement to holiday in the relevant year. 1.1.2 Joining or leaving the company mid-year In your rst and last year of employment, your holiday entitlement will be calculated on a pro-rata basis. All calculations are made assuming you have completed the whole month in which you either join or leave and are rounded up to the nearest 0.5 day. If you decide to leave us, we may encourage you to take any accrued holiday before your nal day of employment. Where you cannot reasonably be expected to do this, we will pay you the equivalent sum, unless your employment is terminated on grounds of gross misconduct. If, on termination of employment, you have taken more holiday than you are entitled for that period, we are entitled to deduct the value of the unearned holiday from any nal payment of salary made to you. 1.1.3 Sickness during agreed holiday If you become ill during a period of holiday (whether in whole or in part) these days will, other than in exceptional circumstances, still be regarded as days of your holiday and be deducted from your holiday entitlement. However if the period of illness is such that you are unable to take the statutory minimum entitlement of 20 days per year (or the pro rata amount if you work part time) in any year then these days of holiday will be carried forward to the next leave year. 1.1.4 Christmas shutdown We normally expect to shut down the Company between Christmas and New Year and will typically gift you the 3 days holiday required to do this. We reserve the right to ask you to use some of your holiday entitlement for any additional shutdown around the Christmas period (for example if Christmas Eve falls on a Monday). Please note that Christmas shutdowns and any gifted holidays are discretionary and based on the needs of the business. 1.2 Time off for family emergencies We will consider all reasonable requests for time off to care for someone else or deal with family emergencies. We de ne “family” as close family relations such as partner, children or parents, or those who depend on you, or live within your family household. If you need to take time off to deal 5

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

with a family emergency, you should raise the matter with us as soon as possible. In an emergency situation it is important that you communicate with us as promptly as practically possible in the circumstances. There is no contractual entitlement for you to be paid whilst you are not at work during these circumstances but we will be sympathetic to individual circumstances. 1.3 Bereavement You can take up to 2 weeks bereavement leave if you lose a child under the age of 18 or if you suffer a stillbirth from 24 weeks of pregnancy (this applies to mothers and fathers of a still born child although the mother may also be eligible for maternity leave as well). You can take this leave as one single block or as two separate blocks at different times in the rst year after the child’s death (such as to cover an anniversary). You will receive Statutory Parental Bereavement Pay rate for your time off for bereavement of a child if you meet the eligibility criteria. If you suffer the death of other people close to you, the maximum entitlements of time off you should expect are as follows: ●

Immediate family member (for example, parent, partner, sibling, child): up to 5 working days paid at your normal rate

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Other close blood relatives once removed from your immediate family (for example, aunt, uncle, grandparent): 1 day paid at your normal rate

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Other relatives/friends: 1 day unpaid.

We may allow further unpaid leave in addition to that quoted in exceptional circumstances at our discretion. 1.4 Jury service If you receive a summons to serve on a jury, you will be granted leave of absence unless exemption is secured. You must ensure that the standard claims forms are completed and that you claim your allowance for loss of earnings, which will be deducted from your salary. 1.5 Other absence We will authorise absence where required to do so by law for statutory purposes. This includes Trade Union activities, duties of employee representatives and safety representatives, time off to accompany fellow employees to disciplinary and grievance hearings, or public duties. Such absence will be paid according to the relevant statutory provision. 1.6 Sickness absence Your entitlement to sickness absence and pay is outlined in your Statement. There are a few other points to clarify: 1.6.1 Noti cations On the rst day of any sickness absence, you must ensure that you telephone us at the earliest possible opportunity and whenever practicable by 10.00 am. You should also give details of the nature of your illness and the day on which you expect to return to work. You must inform us as soon as possible if this date changes. Sickness absence of up to and including seven consecutive days must be fully supported by a selfcerti cate and thereafter by one or more doctor’s Fit Note provided to us at intervals stipulated by the Fit Note for the period of sickness absence.

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

If you fail to notify your absence, or do not follow the required noti cation and certi cation procedures this may lead to a loss of sickness bene ts, and may also result in disciplinary action. 1.6.2 Sick pay You will be paid your normal daily rate for the rst ve days of sickness absence in any calendar year so long as the sickness absence does not relate to elective surgery or dangerous sports. This amount is pro-rated for part-time employees. Once this has been exhausted, you will revert to Statutory Sick Pay (SSP) which will be paid in accordance with the relevant regulations and eligibility providing that you have given the proper noti cations of doctor’s certi cates and absence statements as required by your manager. 1.6.3 Holiday whilst off sick If you are on long term sickness absence you can take holiday accrued and owing to you whilst on sick leave. You should apply for the holiday in the same way as above. If you leave us with holiday owing to you but that you have been unable to take due to long term sickness absence, you will be paid for the holiday you have accrued. 1.6.4 Returning to work You may be asked to attend a return to work interview with your manager to discuss your absence and keep you informed of anything you have missed. If appropriate depending on the length of your sickness absence, we may agree if a course of action is required as a result of the absence, including any adjustments identi ed in any Fit Notes you may have submitted. Return to work plans and other recommendations made by medical professionals will be given full consideration and will be implemented where practical; however, there is no guarantee that it will be possible for us to implement them. If you are allocated light duties or are working shorter hours for a period of time, we may offer a rate of pay applicable to the alternative duties or shorter hours. 1.6.5 Medical appointments We expect you to make every attempt to book hospital, doctors and dentist appointments or any emergency medical or dental treatment outside of your normal working time. If this is not possible, you should wherever possible, agree the time off in advance with us. 1.6.6 Cause for concern about sickness absence Whilst we will be sympathetic if you are ill, if we believe that your sickness absence is giving cause for concern, we will talk about this with you. Appropriate measures may be discussed to support and encourage you in your rehabilitation and return to work. We will arrange a more formal review of your sickness absence record in the following circumstances: ●

We have reason to believe or have serious doubts that your sickness or injury is not genuine. For example, if you play sports or carry on with hobbies or social activities inconsistent with the illness or injury or which could aggravate it and delay recovery, you do other work paid or unpaid, do home improvements or building and similar activity, go on holiday, or do any other activity inconsistent with your illness or injury

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If your injury is caused by wilful misconduct or any self-in icted illness or injury (eg if you fail to heed medical advice 7

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

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If you have self-certi ed absence (self-certi ed means a Doctors Fit Note was not required) for 6 days in any rolling year (calculated on a daily basis)

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If you have been absent for 4 continuous weeks

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We notice a concerning pattern of absence (eg repeated days or absence following bank holidays). 1.6.7 First formal review

If one or more of the triggers above are met, we may formally review your situation at a sickness review meeting. You will have the opportunity to discuss any issues affecting your absence and adjustments that may be possible to improve your sickness absence record. You will be offered the opportunity to be accompanied to this meeting and as such, we do not allow for the meeting to be recorded (either covertly or overtly) unless it is required as a reasonable adjustment for your health or wellbeing. You will be given the outcome of this meeting in writing. The outcome may include an acknowledgement that your level of absence is unacceptable and you may be given a period of time to improve it. 1.6.8 Medical opinion At any point and always prior to a second formal review, we may request that you are seen by, or reports are requested from, an occupational health specialist, your GP or other medical professional who will give their opinion on your health and tness to carry out your role and will advise on how best we can support you in your return to work. If you choose not to be referred or not to comply with the recommendations of the medical professional, we reserve the right to proceed without the bene t of this additional information. 1.6.9 Second formal review Where we believe that your sickness absence rate is not improving then a second formal sickness review meeting will be held. This will be a discussion about the lack of improvement and any adjustments that we can be reasonably made to support your work if appropriate. You will be offered the opportunity to be accompanied to this meeting and as such, we do not allow for the meeting to be recorded (either covertly or overtly) unless it is required as a reasonable adjustment for your health or wellbeing. You will be given the results of this meeting in writing. You may also be informed at this stage that any further absences may result in your employment being terminated due to incapacity. 1.6.10 Final review If we reach the stage where there is no discernible improvement or no adjustments can reasonably be made, you will be asked to attend a nal meeting and will be informed that dismissal, or action short of dismissal, may result. You can be accompanied by a work colleague at this meeting and will be informed of the outcome in writing. Again, no recording of the meeting is permitted unless it is for a reasonable adjustment for your health or wellbeing. Before any nal decision is made, we will review all the available evidence including the medical report and any adjustments that have been made to support you. If there are no special circumstances or further adjustments that can be made, you may be dismissed on the grounds of incapacity and your inability to meet the acceptable standards of attendance that we require.

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

In certain circumstances, it may be appropriate to start the procedure at this nal stage, but we will only do this after a full and fair consideration of your circumstances. This may occur, for example, where medical reports conclude that it is unlikely that you will be well enough to work within a reasonable period. We will make reasonable adjustments to this procedure where we consider it appropriate. For example, where sickness prevents you from attending a meeting on our premises, we may arrange where possible for meetings to be held at your home or at a suitable alternative venue, or via telephone. In certain circumstances, and with prior agreement, a written statement will be considered to enable the procedure to continue. 1.6.11 Appeal You have the right to appeal against the outcome of any formal review of the absence procedure including dismissal. An appeal should be put in writing to us, outlining the grounds for appeal, within 5 days of receipt of the issue of a formal letter. An appeal hearing will be arranged within 10 days of receipt of the appeal letter. Our decision on the appeal is nal.

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

2. Remuneration 2.1 Pay and bonus We aim to pay you via BACS transfer on the last day of each month. Deductions may be made from your salary in accordance with legally enforceable demands such as court orders etc. Whenever possible you will be noti ed if this is to be done. Any overpayment of salary or other payments will be recovered from the next salary payment unless this overpayment is in excess of 10% of the monthly salary, in which case a schedule of repayment will be drawn up between us. We aim to review salaries once a year to provide you with a fair salary for your role. Any increases in your normal salary will be decided by judging the market conditions, Company performance, national economic trends, and the role you ful l. Your Statement will say whether you are eligible for a bonus payment. If so, we will review our Company performance and if certain criteria have been met relating to Company and your performance, we hope to be in a position to pay a bonus based on a percentage of your salary. To qualify for any salary review or bonus payments, you must have passed your probation, still be on the payroll and not serving notice to leave either by resignation or dismissal at the date the bonus is due to be paid. Please remember that any pay increases or bonus payments are entirely at our discretion and to avoid any disappointment, no assumptions should be made. We are entitled at any time to cease to make, or change, any payments to you without giving rise to any liability on our part. 2.2 Time Off In Lieu (TOIL) As part of your normal duties, you may be requested to work occasional long working hours to meet the particular demands at the time. If this is the case, we may at our discretion, give you TOIL in compensation. Any TOIL must be used within 3 months of the date the extra work occurred. 2.3 Expenses We want to ensure that you are properly reimbursed for legitimate business expenses and to ensure that these expenses are treated appropriately for tax purposes. To claim for expenses, you must use the expense claiming system in use at the time and must be submitted within 30 days of the expense being incurred. We reserve the right to withhold payment for any expenses which have not been priorly agreed. Expenses will not be paid unless accompanied by an original VAT receipt or invoice (unless you are claiming for mileage). 2.3.1 Travel You are required to keep a record of the miles covered for business purposes to comply with Inland Revenue requirements. If you are not provided with access to a Company vehicle, and are required to use your own vehicle for work purposes, we will reimburse you at a rate of 45p per mile for mileage claimed up to 10,000 miles per year and 25p per mile for mileage claims over 10,000 miles per year, or such other rate as set out from time to time by HM Revenue and Customs. This will be subject to you:

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

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holding a full UK driving licence

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ensuring that your car is roadworthy and fully registered

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holding comprehensive motor insurance that provides for business use.

We may discuss and agree with you the start and end point of your mileage claim depending on your location and where you are being asked to travel to. We accept no liability for any accident, loss, damage or claim arising out of any journey that you make on business (unless caused by our negligence). We will not pay for the cost of any insurance policy on your own car. We will pay for tolls, congestion charges and parking costs incurred, where applicable. We will not pay for any nes you incur for speeding or parking. Travel on public transport is via standard class fares only. Where possible, we will book rail journeys well in advance to bene t from any discounts for early booking. 2.3.2 False claims If we consider that any expenditure claimed was not legitimately incurred on our behalf, we may request further details from you. We will thoroughly investigate and check any expenses claim as we see t. We may withhold payment where insuf cient supporting documents have been provided. Where payment has been made to you prior to the discovery that the claim was not legitimate or correct, we may deduct the value of that claim from your salary. We will take disciplinary action where appropriate and, in certain circumstances, may treat a breach of this policy as gross misconduct, which may result in your dismissal. In addition, we may report the matter to the police for investigation and criminal prosecution. 2.4 Training fees Where you have attended a training course paid for by the business and resign from the business within a 12-month period of that course, you may be required to pay back a proportion of the cost depending on the lapse of time since the training was undertaken and your leaving date. You will be told about this in writing at the point of agreement to the training. If, on the termination of your employment, you owe the business money as a result of any prior agreed loan or training course fees, or through over-payment or any other reason whatsoever, we are entitled to deduct the amount of your indebtedness from any nal payment of salary. 2.5 Pension We will comply with pension legislation that is in force at the time. As a result, you will be automatically enrolled into either a qualifying pension scheme or the National Employment Savings Trust (“NEST”), whichever we decide. You have the right to opt out of this if you choose.

If you do not decide to opt-out of auto-enrolment, you will be required to make pension contributions at the level set out in relevant legislation and you agree to us deducting such contributions from your salary each month. Further information about your pension choices will be provided at the appropriate time.

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

3. Your health, safety and wellbeing 3.1 Health and safety Under the Health and Safety at Work Act 1974 we, as an employer, have a duty to ensure the health and safety of employees. Similarly, you have a statutory duty to comply with health and safety requirements and to take care to maintain your health and safety and that of fellow employees. It is of particular importance that you adhere to all relevant instructions and procedures and wear or use any Personal Protective Equipment which is provided for you by us or our clients. In particular, you have a duty to: ●

take responsible care for the health and safety of yourself and others

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cooperate with management in the execution of your responsibilities

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report all accidents no matter how minor they may appear

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not interfere with or misuse anything provided in the interests of health, safety or welfare.

You must co-operate fully with us and our clients in the arrangements made in relation to health and safety matters. For example, you must: ●

make yourself aware of our safe systems of work and safety rules

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adhere to the prescribed safe system of work and safety rules

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report any faults or defects in machinery or equipment immediately

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report any safety concerns immediately.

3.2 Smoking We operate a strict no smoking policy. This means that there is no smoking allowed by staff, clients or visitors at any place on our premises except in designated areas. 3.3 Home working We recognise that there may be times when you will be working at home and we are committed to ensuring as far as possible that you are not at risk because of this. We ask you to: ●

regularly (eg, annually) complete a Display Screen Equipment (DSE) workspace assessment available under the Government HSE site, and communicate with us any risks you may be exposed to

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take regular breaks away from your screen

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ensure you have an uptodate eye prescription where necessary.

3.4 Alcohol and other substance abuse Consumption of alcohol or the use of certain non-prescribed drugs can affect safety and commercial performance. You should make sure that your performance at work is not affected by the consumption of alcohol or the use of drugs prior to the arrival for work or prior to the commencement of any work related journey, particularly if you will be driving. If you are considered to be adversely affected by either alcohol or drugs whilst at work you will be immediately suspended and the disciplinary procedures will be invoked.

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

3.5 Disruption caused by extreme weather conditions Sometimes extreme weather can cause travel dif culties for you getting to and from work and to ful l your duties to travel around the region. It may not be safe for you to attempt a journey in extreme weather and you should not put yourself, or others, at risk by attempting to do so. If this occurs, the following will apply: ●

we will advise you whether or not you need to make all reasonable effort to come to work or whether you should work from home

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if we decide to close the workplace, you will not suffer a loss of pay

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if you can attend work, but the extreme weather has caused the failure of your normal arrangements for the care of a child, elderly relative, or other dependant (eg, schools and care centres may close), you must make reasonable effort to make alternative arrangements. Where you are unable to make alternative arrangements and cannot attend your normal place of work or work from home, you may be eligible for emergency leave described in section 1 above.

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

4. Working Practices 4.1 Con dentiality You will not disclose, either during or after the termination of your employment, any information of a con dential nature relating to our Company, our clients or suppliers or any third party which may have been obtained in the course of this employment without rst obtaining the written permission of a Company director. This will include but not apply exclusively to: •

Any con dential information concerning us, our dealings or affairs, or those of any of our clients and vendors

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Any information concerning nancial matters

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The names, addresses, telephone numbers and all other information of whatsoever nature concerning any individual employed by us or any associated business.

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The names, addresses, telephone numbers, contact details, fee structure and prices and all other information of whatsoever nature concerning any company, rm or individual who is, or has been at any time a client of ours or any associated business.

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Any information of whatsoever nature concerning the policies, organisation, or management of our business or any associated business or its Terms of Business or any other con dential information.

You should also endeavour to prevent any such information from unauthorised disclosure or publication. The restrictions in this clause shall cease to apply to such information which comes into the public domain, other than as a result of an unauthorised disclosure by you or any worker, employee or ex-employee. 4.2 Maintenance of company equipment For the purposes of ef ciently and effectively carrying out your duties you will be provided with technology and phones if your role requires it. This and any other equipment provided remains our property and needs to be kept in good working order. Any issues with the operation of this equipment needs to be reported to us for action. 4.3 Car use 4.3.1 Personal car use Your Statement will say whether you are required to have a current driving licence and use your own car on Company business. If this is the case, you are responsible for ensuring that the vehicle is adequately insured for use on Company business. You must produce evidence of such insurance when requested and upon annual renewal of your policy. You must also produce your full driving licence and a copy of the current MOT certi cate for your vehicle if requested If you are disquali ed from driving for any period the Company may dismiss you without notice. The rate at which you will be reimbursed is covered in the expenses section. 4.3.2 Pool Car use We also provide pool cars for staff travelling for business purposes if they are designated an “authorised driver” the process for which will be explained to you if required. You must notify the Company of any changes to your driving licence or insurance status as soon as possible, as failure to do so could invalidate any insurance cover.

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

Company vehicles are on contract hire and must be kept in clean and good condition inside and out to comply with the terms of the contract. Please take all reasonable steps to help us adhere to this and report anything of concern which needs attention. 4.3.3 Company Car Use Your Statement con rms if we provide you with a company car as part of your role. We will take nancial responsibility for all reasonable standing and running costs including insurance, maintenance, repair, MOT (if required), fuel or EV charge, so long as you adhere to your obligations as set out below. You should pay for any non-business mileage at the appropriate HMRC rate in force at the time on a monthly basis. In the event that you have an accident or insurance claim, we will pay the excess on the insurance if the accident was not your fault. Please note that no-one apart from the employee will be insured to drive the car. Your obligations with the company car are to: ·

Stay within the mileage limit set by our lease company (currently 15,000)

Take good care of the vehicle to ensure it is roadworthy and in good working order (tyre pressure, oil and water levels)

Keep the vehicle in a good state of cleanliness inside and out

Liaise with us to ensure the car is regularly maintained

Observe any provision relating to the insurance of the vehicle

Be responsible for all nes incurred for traf c or parking offences

Not smoke whilst in the vehicle

Notify the company of any accidents, problems or faults involving the vehicle

Immediately inform us if you are convicted of any driving offences or are disquali ed from driving

Return the car, its keys and all documents relating to the car on termination of employment, for whatever reason, or you become no longer legally quali ed to drive.

4.4 Use of IT and social media We rely heavily on the use of the latest technology and software to ensure that we run our business ef ciently. Please take every precaution to guard against bringing viruses, spam and malware onto our systems. Do not click links or attachments, or utilise external drives, unless you are 100% sure the source is reputable and are expecting that information. Do not download software onto our systems unless you have permission to do so. Please take care that any mobile devices (laptops, tablets, phones) are kept securely when at home, work, at properties or when travelling. All company data should reside on our servers in use at the time and must not be downloaded onto home computers or other devices.

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

The correct approach to refuelling / recharging the vehicles must be used. Please ensure that on returning the pool car there is adequate fuel in the car and that the fuel cards are left in the vehicle on return. Copies of fuel receipts should be retained and stored next to the fuel card in the vehicle.

We accept that you may occasionally need to use our or your own IT equipment for personal use whilst at work (for example to communicate with dependents, carers, delivery rms etc.) and this should ideally be limited to your break times. However, disruptive or inappropriate use of this, or if your performance is affected in any way, will lead to disciplinary action. The illegal or offensive use of the internet and our equipment is clearly not tolerated whether in your normal working hours or outside and will lead to disciplinary action which could lead to your dismissal. We speci cally prohibit the use of the internet on our equipment (whether at work, at home or away) for accessing gambling, obscene, pornographic, hateful or otherwise objectionable sites. Accessing, downloading or re-distributing material from such sites will be considered gross misconduct and may lead to summary dismissal. You have the right to free speech, to speak openly and express personal opinions (clearly identi able as such) on social media and other public forums provided that you respect con dentiality as well as the feelings and reputation of those you work with, including our clients / vendors, as well as our reputation. The same judgements and self-moderation should apply as in the ‘real world’ - offensive, libellous or socially unacceptable behaviour such as bullying or harassment that impacts your reputation and credibility may impact your future career. In addition, as our employee, any acts and opinions which you post on social media could have reputational impact, positively and negatively on our reputation. You should therefore be mindful that anything you say may be interpreted as an of cial Company position whether or not you intended it to be, and you should take steps and responsibility accordingly. Using our equipment to access social media sites unrelated to your work is strictly prohibited. We have the right to monitor and inspect the use of our systems and equipment if we have a reasonable business cause or concern requiring the gathering of further information. 4.5 Equal opportunities, dignity and respect We are an equal opportunity employer and are committed to ensuring that your and everyone’s employment with us is equitable and non-discriminatory. This means that you and any job applicants will be treated fairly regardless of gender, age, marital status, pregnancy and maternity, sexual orientation, gender reassignment, race, ethnic origin, disability, religion or religious beliefs. Our approach applies from recruitment throughout employment and is applied to all parts of the business. You, nor anyone else, must not engage in or permit any fellow employee to engage in any unlawful discrimination against any person (whether or not a Company employee) in the course of your employment. In addition, we will stay aware of good practice to ensure no one experiences discrimination, harassment, bullying or victimisation and that everyone is treated with dignity and respect. ●

We de ne discrimination as treating individuals less favourably than others on the grounds of gender, age, marital status, pregnancy and maternity, sexual orientation, gender reassignment, race, ethnic origin, disability, religion or religious beliefs, whether directly or indirectly by applying a provision, criterion or practice which disadvantages such individuals

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We de ne harassment as any hostile, unwanted, unreasonable and/or offensive behaviour which adversely affects an individual’s dignity, self-con dence and wellbeing,

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

and creates a hostile environment which leads to that individual feeling intimidated, degraded or humiliated ●

We de ne bullying as repeated treatment with the purpose of intimidating or controlling individuals or making them feel insecure in their role, or treatment which has that effect

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We de ne victimisation as treating an individual less favourably because of something an individual has done or in connection with an individual asserting his/her rights under any employment legislation or regulations.

This policy applies to verbal and physical actions as well as any other form of communication mentioned in our IT and social media policy. If you believe you are the subject of harassment, victimisation, discrimination or bullying, you can raise the matter through the grievance procedure where every effort will be made to secure a satisfactory resolution. You will not be victimised for making, supporting or assisting a complaint, even if the complaint is not upheld, provided the complaint was made in good faith. 4.6 Whistle blowing We support the legislation which exists to protect you if you make disclosures about us known as whistleblowing (Public Disclosure Act 1998). This protects you from suffering any detriment for whistleblowing. The disclosures covered in the legislation which count as “qualifying disclosures” include if we have: ●

committed a criminal offence

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failed to comply with a legal obligation

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miscarried justice

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endangered the health and safety of an individual

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damaged the environment

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concealed any information relating to the above.

You should report any concerns to us and we treat the matter in complete con dence. If you are not satis ed with the explanation or reason given, then the matter should be raised with the appropriate organisation or body, e.g. the Police, the Environment Agency, Health and Safety Executive. However, if you decide to invoke a formal complaint not in good faith (e.g. for malicious reasons or in pursuit of a personal grudge), and it is not upheld, you will be liable to immediate termination of employment or such lesser disciplinary action as may be appropriate in the circumstances. 4.7 Dress code All employees can expect to interact with clients / vendors at any time and as such should dress in accordance with our desired brand and image. This means smart and presentable attire is expected which also allows you to ful l your duties and travel requirements if necessary. 4.8 Flexible Working If “time off for family emergencies” as described in section 1 does not meet your needs, we are happy to discuss with you any temporary changes to your hours or work pattern, or requests to work from home to accommodate any unexpected personal circumstances. This is on the understanding that the business needs are paramount and must be considered the overriding proviso within exible working.

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

Any longer-term changes to your work should be made as a request for exible working known as “making a statutory application”. You will need to have been employed for 26 weeks to be eligible. We will give due consideration to such requests but will take into account, among other things, the effect such changes in working arrangements would have on our business, other employees and the costs of any such changes. 4.9 Data protection It is important that the personal information we hold about you is up-to-date. Any changes in personal circumstances such as your address, quali cations, next of kin or contact name, status as a driver, etc must be reported in writing. As your employer we need to keep information about you for purposes connected with your employment, including your recruitment and termination of your employment. The sort of information we will hold includes information for payroll purposes, references, contact names and addresses and records (including, for example, disciplinary records relating to your career.) We believe these uses are consistent with our employment relationship and with the principles of the Data Protection Act 2018 meaning that the information we hold will be for our management and administrative use only. We may occasionally need to disclose some information we hold about you to relevant third parties (e.g. when legally obliged to do so by HM Revenue and Customs or where requested to do so by you for the purposes of giving a reference). These principles will continue after you have left our employment. We will retain the basic skeletal information we require about you for at least 7 years so that we can ful l any future management and administrative duties (eg, for Tax purposes and providing references).

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

5. Family friendly policies 5.1 Maternity Every effort is made to encourage women to return to work from maternity leave. We also recognise that arrangements for cover during the period of maternity leave and additional leave, as well as arrangements for communication during maternity leave, are important for ensuring smooth transitions at every stage. 5.1.1 Maternity leave and pay We comply with the statutory requirements for maternity leave and statutory maternity pay which can be found on the ACAS website. This site also provides lots of helpful information about your rights and de nitions of abbreviations. 5.1.2 Starting maternity leave You can choose to start your maternity leave at any time after the start of the 11th week before the week in which your child is due (known as the “EWC”), up until the birth of your child. The only exception to this is if you are absent from work wholly or partly because of your pregnancy at any time after the start of the fourth week before your child is due. In this case we reserve the right to require you to start your maternity leave the day after your rst day of absence. If you have properly noti ed us (see below) of the date on which you wish to start your maternity leave, you may vary that date provided you notify us in writing of the variation at least 28 days before the new date. 5.1.3 Notifying us No later than the end of the 15th week before the EWC you must give notice in writing addressed to us. That notice must state: •

that you are pregnant

•

the week in which your child is due (note that for these purposes a week begins on a Sunday)

•

when you want your maternity leave to start.

You should enclose a Form MATB1 signed by your GP or midwife with your letter which con rms the EWC. MATB1s are normally provided after your 20th week of pregnancy. As stated above, if you are absent from work wholly or partly because of pregnancy on the rst day after the beginning of the fourth week before the EWC, your maternity leave will start the following day. You must notify us as soon as is reasonably practicable that you are absent from work wholly or partly because of pregnancy and the date your absence began. Such noti cation must be in writing. Similarly, if you give birth before your maternity leave has started, your maternity leave period will begin on the day that follows childbirth. Again, you must noti ed us as soon as is reasonably practicable that you have given birth and the date on which birth occurred. Such noti cation must be in writing. 5.1.4 Stillbirth In the event that you suffer a stillbirth after 24 weeks of pregnancy, or the child dies shortly after the birth, you have the right to maternity leave and Statutory Maternity Pay.

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

5.1.5 Returning from maternity leave You have the automatic right to come back to work following maternity leave and it is assumed that you will return unless you state otherwise. Although you are not required to give any formal notice of returning to work at the end of your full 52 week leave period, it helps us to plan for your return if you contact us in advance to discuss your return. If you wish to return to work before your maternity leave has ended you must give at least 8 weeks’ notice of the date on which you intend to return. An 8 week notice period also applies if you wish to bring your maternity leave to an end early in order to take shared parental leave. Please refer to the shared parental leave policy for further information on entitlements, eligibility and notice requirements. If you return to work immediately after a period of ordinary maternity leave (this is the rst 26 weeks of maternity leave), you will return to work in the same job that you left. If, for health and safety reasons, you were doing a different job while you were pregnant, you may be required to return to that different job for a short time if you are still at risk when you return to work. If you return to work from a period of additional maternity leave (more than 26 weeks of maternity leave) you will be entitled to return to the job in which you were employed before your absence. If that is not reasonably practicable for us, then you will return to another job which is both suitable and appropriate in the circumstances. Your right to return means that you return on terms and conditions no less favourable than those that would have been applied if you had not been absent and with the same level of seniority, pension rights and other similar rights. If annual salary reviews occur during your period of absence, you will be noti ed of your reviewed salary at this time. You will receive your reviewed salary upon your return to work. If you decide not to return to work, you should notify us of your decision immediately. You must give notice in accordance with the terms of your Statement. If you cannot return to work because you are ill, you should notify us and the sickness absence policy will take effect. 5.1.6 Maternity pay If you have at least 26 weeks’ service at the start of the 15th week before your child is born you will normally be entitled to receive statutory maternity pay (SMP) whether or not you intend to return to work. Maternity pay is payable at two rates for a maximum of 39 weeks. For the rst six weeks of absence you will be paid at the higher rate of 90 per cent of your average earnings. If you have been employed for more than two years at the start of the 15th week before your child is born, this amount will be 100 per cent of your average earnings. After this time you will be paid at the lower statutory rate which is in force at the time. To be entitled to maternity pay, you must give 28 days’ notice in writing of your absence on maternity grounds (as above). Your maternity pay will be paid into your bank account on the same date that you would have received your salary and will be subject to the usual deductions for tax, National Insurance and pension contributions. If you do not qualify for maternity pay you may be able to claim state maternity allowance. 5.1.7 Contractual bene ts

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

You will continue to receive your contractual bene ts during your ordinary maternity leave period and your additional maternity leave period (apart from remuneration). While you are on maternity leave your contractual holiday entitlement continues to accrue. We will discuss arrangements for taking your holiday entitlement with you. This may include arranging for you take holidays immediately before and/or after your maternity leave. 5.1.8 Health and safety If you are employed in a position which has been identi ed as posing a risk to your health or that of your unborn child, you should raise this immediately, and we reserve the right to do the same. Arrangements will be made to eliminate that risk. In these circumstances, you are required to notify us as soon as you are aware that you are pregnant. Arrangements will then be made to alter your working conditions or, if this is not possible, you will be offered a suitable alternative job for the duration of your pregnancy. If there is no alternative work, we reserve the right to suspend you on full pay until you are no longer at risk. These alternative arrangements may continue for six months after the birth of your child if you are still considered to be at risk. If you have any concerns about your own health and safety at any time, you should consult your manager immediately. 5.1.9 Keeping in touch You are entitled to paid work for up to 10 days during your maternity leave without affecting your eligibility to SMP. These days could be for training, or just for “keeping in touch”. You are under no obligation to work these days, and we are under no obligation to offer you these days. We will advise you if the opportunity for any such days arises. In addition, you will usually remain on circulation lists for internal documents and will be included in invitations to work-related social events as though you were still at work. Prior to you returning from work, you may be invited for an informal meeting with us in order to discuss your return to work. These include: ●

updating you on developments at work

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considering whether any refresh or retraining needs have arisen. It is our aim to ensure that your maternity leave does not put you at a disadvantage in relation to your con dence around skills or other training needs

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con rming any alternative working arrangements for health and safety purposes which have been agreed.

5.2 Paternity Leave Statutory Paternity Leave is a maximum of two weeks’ leave, following the birth of a child, taken in order to support the mother or care for the new child. It can be taken as a single week or two consecutive weeks. It cannot be taken as odd days or as two separate weeks. Statutory Paternity Leave must be taken within 56 days of the birth. If the baby is born earlier than expected, it must be taken within 56 days from the date the baby was due. To qualify you must have worked for the Company for at least 26 weeks by the end of the 15th week before the expected birth week.

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

5.2.1 Paternity Pay Statutory Paternity Pay is paid at a xed rate per week (determined in legislation) or 90% of average earnings if that is less. Normal deductions such as tax and National Insurance apply. During Statutory Paternity Leave, you are entitled to all of your normal contractual terms and conditions as if you were not absent, apart from basic wages and salary. You have the right to return to exactly the same job, on the same terms and conditions after Statutory Paternity Leave. Paternity leave and pay are also available for the adoption of a child. 5.3 Shared Parental Leave Shared Parental Leave is designed to give parents more exibility in how to share the care of their child in the rst year following birth or adoption. Further information about shared parental leave can be found on the ACAS website. 5.4 Parental Leave An employee who has or expects to have responsibility for a child is entitled to take Parental Leave to care for that child. To be eligible to take Parental Leave, you must have been employed by us for at least one year. Both parents can take Parental Leave for each child they have who was born after 15th December 1999. It also applies to anyone else who has or expects to have formal parental responsibility for the child. Parental Leave consists of 13 weeks’ unpaid leave or 18 weeks’ unpaid leave if the child is disabled. It can be taken at any time up to the child’s 18th birthday. Up to four weeks’ Parental Leave can be taken in respect of each child, each year, in blocks of one week or more. Employees cannot take the leave in blocks of less than one week, unless the child is disabled. If you do take a part week eg one day, it will count as a full week of Parental Leave. You must give us at least 21 days’ notice of your intention to take Parental Leave. We have the right to postpone the leave (for no more than six months) if the business requires. 5.5 Adoption leave policy If you are matched for adoption with a child, you may be entitled to either adoption leave or paternity leave. Further information about your adoption rights can be found on the ACAS website.

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

6. Your performance The purpose of this section is to set out how we intend to support you to perform, deal with issues of “capability” and to provide a framework for dealing with cases of poor performance in a fair, supportive and consistent way. Capability is about your ability to do your job. It includes your skill level and competence, your possession of a current driving licence should you role require it, and in some cases, your health (both physical and mental). We reserve the right to vary, replace and/or terminate any aspect of this procedure at any time and/ or omit any stages of it. At any point, there may be a transfer to the disciplinary procedure if we believe that the reasons for the shortfall in performance are related to poor attitude, lack of trying or an unwillingness to learn. This policy and procedure does not form part of the contract of employment. 6.1 Day to day performance management We recognise that there may be times throughout the year when, for a variety of reasons, your performance may fall below the required standard. It is our role to deal with this as part of our day to day responsibilities. You are encouraged to have early and open conversation with us about your performance especially if you think you are not doing as good a job as you might. Accepting that there is a problem is a vital step for allowing it to be managed. Informal discussions may cover the following issues: ●

ensuring you understand the standard of work required

●

identifying any areas of concern

●

identifying likely causes of poor performance

●

any training, coaching or support you may need to help you meet the standard

●

setting a time period for improvement and review.

If poor performance is due to a domestic, personal or work-related problem, you are encouraged to explain this as soon as possible. These situations will be dealt with sensitively. An informal note recording the key elements of the discussion may be kept and may be summarised by email/letter to you in order to ensure that you understand the required standards. 6.2 Capability procedure In cases of serious under-performance or where day to day performance management has not resulted in improvement and where the disciplinary procedure is not appropriate, formal capability meetings may be held. 6.2.1 Capability meetings You will normally be given a minimum of 2 days’ notice of any formal meeting and will be provided with details of the performance issue and copies of any written information or evidence that will be discussed at the meeting. You may be accompanied to the meeting by a fellow work colleague. This companion may address the meeting to ask questions and confer with you, but they have no statutory right to answer questions or speak on your behalf.

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

The meeting will usually be with your manager or another appropriate company representative. The aim of the formal review is to: ●

explain clearly the shortfall between your performance and the required standard and going through the evidence of this

●

obtain your commitment to reaching that standard

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if applicable, review recommendations and outcomes from the previous meetings

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give you an opportunity to raise issues or make your own suggestions as to how the situation can be resolved

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review training and development needs

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review of access to a current driving licence

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consider any circumstances impacting on under-performance

●

identify how to improve performance. This may include, but is not limited to: ▪

greater supervisory help

▪

review of work targets

▪

re-training or additional training

▪

changes to work arrangements

▪

transfer to different work

▪

coaching and mentoring

▪

work shadowing

●

referral for medical review by GP or an occupational health professional

●

agree standards and timescales required for improvement in the form of a performance improvement plan

●

tell you how and when progress will be measured and explain what will happen if the standard is not met.

You must make all reasonable attempts to attend meetings and repeated failure to attend may result in the meeting being held in your absence. As you have the right to be accompanied to the meetings, we do not allow for meetings to be recorded (either covertly or overtly) unless it is required as a reasonable adjustment for your health or wellbeing. 6.2.2 Outcomes of formal capability meetings Stage 1: Written warning This may be issued after a rst meeting and will detail the required improvement and how progress will be reviewed. A record will be kept for 6 months after the end of the review period. At the expiry of the review period, the outcome will be provided to you in writing. The outcome will be one of the following options: ●

if we are satis ed with your performance, no immediate further action will be taken

●

if we are not satis ed that your performance has met the required standard, the matter will be progressed or

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

if we feel that there has been some, but insuf cient improvement, the review period will be extended.

●

Stage 2: Final written warning If you have not reached or sustained a satisfactory level of performance, or if the performance issue is suf ciently serious, you will be asked to attend a further formal meeting. After taking into account any issues you may raise, we will consider whether there are any further practicable changes that could be taken to assist you in reaching the required standard. Examples of these may include seeking medical advice, changes to working duties or patterns, or redeployment into an alternative role if possible. Further performance improvement plan targets and a further review will be agreed, and you will be given the outcome of the meeting in writing, con rming a nal written warning. A record will be kept for 12 months after the end of the review period. You will be informed that if you cannot meet the required level of performance within the agreed timescale, termination of employment may result.

Stage 3: Dismissal on grounds of capability If, following review, it is considered that you still have not been able to achieve or sustain a satisfactory level of performance, you will be asked to attend a nal formal meeting and it will be explained to you that dismissal, or action short of dismissal, may result. In certain circumstances, we may start the procedure at this nal stage, but we will only do this after a full and fair consideration of your circumstances. This may occur, for example, where there are very strong indications that you will be unable to reach the required standard within a reasonable timescale and that no action by us will alter the situation, where the skills gap is very serious, where you have been permanently banned from driving and no alternative work or means of transportation is available to you, or where previous related warnings have been issued, even if the time for which they will be kept on le has lapsed. After taking into account any issues you may raise, we will consider whether there are any further practicable changes that could be taken to assist in overcoming the performance problem. Examples of these may include job redesign, redeployment or demotion, or, in exceptional circumstances, a further period of review. If none of the alternative solutions are appropriate, termination of employment may result. Dismissal will normally be with full notice or payment in lieu of notice. You will be informed in writing about the outcome of the meeting. A record of the outcome will be retained by us. 6.2.3 Appeals An appeal against the outcome of a dismissal capability meeting must be made by you in writing to us within 5 working days of receipt of the written outcome. You should clearly state the grounds of appeal. Arrangements will be made for the appeal to be heard by an appropriate Company representative who will not be the person with whom you interacted during your formal capability meetings. This will ideally be within 10 working days of receiving the appeal. You will have the right to be accompanied at the meeting by a fellow work colleague. Ideally, within 10 days of the appeal meeting, the outcome of the appeal meeting will be con rmed in writing. 25

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Our decision on appeal will be nal. 6.2.4 Sickness If at any stage during this procedure it is suspected that ill-health may be a factor in your capability, then our procedures for dealing with sickness absence will be followed. This may include a referral to a medic or appropriate occupational health professional in order that a report and appropriate recommendations can be made. This will be treated in con dence and will be given full consideration by us. 6.3 Disciplinary procedure This procedure is designed to provide clear guidance on what is unacceptable behaviour at work and to ensure, if issues do arise, they are dealt with in a fair and consistent manner. Different from “Capability”, we view discipline as self-imposed relating to your attitude and conduct. We prefer that issues relating to discipline are dealt with informally. However, from time to time it may be necessary for us to take action towards individuals whose level of attitude and conduct is unacceptable. This disciplinary procedure does not form part of the contract of employment. 6.3.1 Informal action Minor conduct issues will be dealt with informally by talking to you and identifying the areas for improvement and suggesting ways in which this might be achieved. Examples of minor issues may include lateness, one off absences, or minor incidents of unsatisfactory attitude affecting your performance. An informal note may be kept and the discussion may be summarised in an email/letter to you; but it does not form part of the formal disciplinary procedure. 6.3.2 Misconduct The following is a non-exhaustive list of the types of activity that may be commonly regarded as misconduct and would breach our standards of behaviour and discipline: ●

poor timekeeping

●

unsatisfactory attendance record

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absence from work without authorisation or reasonable cause

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performance of work not meeting the required standard as a result of negligence, lack of application or bad attitude

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breach of health and safety rules at work and on site, including responsibilities for regular maintenance checks on assigned equipment or careless loss or damage to equipment or vehicles

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breach of security requirements

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failure to maintain satisfactory relations with colleagues, managers or clients

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insubordination, failure to cooperate with us or failure to carry out reasonable instructions

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failure to comply with our or our clients’ clothing and PPE policy

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unauthorised activities during working hours or on our or clients’ premises 26

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disorderly conduct of a minor nature or conduct which is considered to bring the reputation of the company into disrepute

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breach of our policies regarding con dentiality, IT or social media. 6.3.3 Gross misconduct

Where we consider cases to be more serious and/or persistent, some of the offences above could amount to gross misconduct. Offences classed as gross misconduct are so serious in their own right that if you commit them you may expect to be summarily dismissal. In such cases, we reserve the right to dismiss without notice of termination or payment in lieu of notice. Examples of gross misconduct include: ●

any breakage of the law, such as theft and unauthorised possession of our property, fraud, embezzlement, deliberate falsi cation of records or any other form of dishonesty

●

criminal offences committed within working hours or on business or client premises

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wilfully causing harm or injury to a colleague, physical violence, bullying or grossly offensive behaviour

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deliberately causing damage to our property

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causing loss, damage or injury through serious carelessness

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wilful refusal to obey a reasonable management instruction

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incapacity at work through alcohol or drugs

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serious abuse or neglect of the internet or online systems

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a serious breach of health and safety rules, including rules relating to PPE and responsibilities for regular maintenance checks on assigned equipment

●

harassing, bullying or victimising a colleague or client on the grounds of race, colour, ethnic origin, nationality, national origin, religion or belief, sex, sexual orientation, gender reassignment marital status, age and/or disability

●

a serious breach of trust or con dentiality

●

bringing our business or us into disrepute

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conviction of a criminal charge/serious sentence of imprisonment.

The above is intended as a guide and is not an exhaustive list. 6.3.4 Formal action In cases where informal discussion does not lead to an improvement in conduct or where the matter is too serious to be classed as minor, the following disciplinary procedure will be used. At all stages of the procedure, the following principles will be followed: ●

no disciplinary action will be taken against you until the case has been fully investigated and a disciplinary hearing has taken place

●

you will be advised in writing of the nature of the complaint against you and the arrangements for the hearing

●

we will appoint an appropriate company representative to chair the hearing

●

you will be given the opportunity to state your case before any decision is made

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●

you will be offered the right to be accompanied by a fellow work colleague during the disciplinary hearing or disciplinary appeal. This right does not apply to investigations.

●

you are allowed to record formal meetings overtly only if there is an adjustment required for your health or wellbeing. No other recordings are permitted.

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we will take into account any mitigating circumstances when reaching decisions on appropriate disciplinary penalties

●

you will not be dismissed for a rst breach of discipline, except in the case of gross misconduct

●

you will have the right to appeal against any disciplinary penalty imposed

●

the procedure may be implemented at any stage if the alleged misconduct warrants such action

●

following the hearing, you will be informed in writing of our decision in accordance with the stages set out below and noti ed of your right to appeal against that decision

●

if you do not want to answer questions you do not have to, but we will make up our mind on the evidence we hear

●

when coming to a decision, your behaviour is not looked at in isolation but current formal warnings may be taken into account, as may your general record in relation to disciplinary matters. 6.3.5 Disciplinary outcomes

Stage 1: Written warning A formal written warning may be issued. You will be advised of the reason for the warning, how you need to improve your conduct or performance, the timescale over which the improvement is to be achieved, that the warning is the rst stage of the formal disciplinary procedure and the likely consequences if the terms of the warning are not complied with. The written warning will be kept but nulli ed after 6 months, subject to satisfactory conduct and performance. Stage 2: Final written warning Failure to improve performance, a repeat of misconduct for which a warning has previously been issued, or a rst instance of serious misconduct or serious poor performance, will result in a nal written warning being issued. This will give details of the issue, how you need to improve, the timescale over which the improvement is to be achieved and warn that dismissal will probably result if the terms of the warning are not complied with. This nal written warning will be kept but nulli ed after 12 months, subject to satisfactory conduct and performance. Stage 3: Dismissal Failure to meet the requirements set out in the nal written warning will normally lead to dismissal with appropriate notice. A decision of this kind will only be made after the fullest possible investigation. You will be informed of the reasons for dismissal, the appropriate period of notice, the date on which your employment will terminate and how you can appeal against the dismissal decision.

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

6.3.6 Suspension In the event of serious or gross misconduct, you may be suspended while a full investigation is carried out. Such suspension will be on full basic pay. Suspension is a neutral act, which does not imply guilt or blame, and will be for as short a period as possible. 6.3.7 Appeals You may appeal against any disciplinary decision, including dismissal, to us within 5 working days of the decision. Appeals should be made in writing and state the grounds for appeal. You will be invited to attend an appeal hearing which will be heard by an appropriate Company representative who will not be the person with whom you interacted during your earlier disciplinary meetings. At the appeal hearing, you will again be given the chance to state your case and will have the right to be accompanied by a fellow work colleague. Following the appeal hearing, you will be informed of the appeal decision and the reasons for it, in writing, usually within 10 working days. Our decision on appeal will be nal. 6.4 Grievance procedure The purpose of this procedure is to provide you with an opportunity to have any concern, problem or complaint (known as a “grievance”) examined quickly and effectively. Where a grievance is deemed to exist, we aim to have it resolved at the earliest opportunity. We encourage open and honest dialogue and have expectations that everyone will be treated with dignity and respect at all times. We expect that most grievances can be settled informally (ie, in day to day conversation) and encourage you to resolve anything that is concerning you in this way if possible. If a grievance cannot be settled informally, you can raise it formally to us. This procedure has been drawn up to establish the appropriate steps to be followed when dealing with a formal grievance. 6.4.1 Grievance meeting We will appoint a suitable company representative to hear the grievance. You will be invited to a meeting to discuss it in more detail. You must take all reasonable steps to attend the meeting. You may be accompanied to the meeting by a fellow work colleague. This companion may address the meeting to ask questions and confer with you, but they have no statutory right to answer questions or speak on your behalf. As you have the right to be accompanied, no recordings of the meeting are allowed (either covertly or overtly) except to accommodate any reasonable adjustment required for your health or wellbeing. Following the meeting, we will respond to the grievance as soon as possible and, in any case, within 10 working days of the grievance meeting. If it is not possible to respond within this time period (for example, if further investigation is required), you will be given an explanation for the delay and be told when a response can be expected. You will be informed in writing of the decision on the grievance and noti ed of your right to appeal against that decision if you are not satis ed with it. 6.4.2 Investigation In some cases, it may be necessary for us to carry out an investigation into your grievance. This may take place before or after the grievance meeting, depending on the nature of the grievance. The speci c investigation required will also depend on the nature of the grievance, but it may involve carrying out interviews with team members concerned and third parties such as witnesses,

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colleagues and supervisors, as well as analysing written records and information. The investigation report will be summarised where appropriate and referred to in the nal grievance decision. You are required to co-operate fully and promptly in any investigation. You are also required to keep the content of any investigation con dential and we will keep the identity of witnesses con dential where necessary. 6.4.3 Appeal In the event that you feel your grievance has not been satisfactorily resolved, you may appeal in writing to us, stating your grounds for appeal within 5 working days of the grievance decision. You will be invited to attend an appeal hearing. At the appeal hearing, you will again be given the chance to state your case and will have the right to be accompanied. Following the appeal hearing, you will be informed of the appeal decision and the reasons for it, in writing, usually within 10 working days. If it is not possible to respond within this time period, you will be given an explanation for the delay and be told when a response can be expected.

This is the nal stage of the grievance procedure and our decision is nal. 6.4.4 Use of a modi ed procedure We reserve the right to apply a modi ed version of the grievance procedure if you are within the rst year of your work with us or if you raise a grievance after your employment has ended. In such cases, you may submit your grievance and we will provide a response in writing without unreasonable delay.

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

7. Leaving us 7.1 Resigning If you wish to resign, you must write to us giving the notice detailed in your Statement. In some circumstances if mutually convenient, it may be possible to reduce or waive the period of notice you are required to give. We have the right during your notice period (in whole or in part), to place you on “garden leave”, during which you are entitled to your normal salary and bene ts. Your nal salary will be paid up to your last date of employment with us and may also include payment for any outstanding holiday you are owed but have not taken. You must return to us all equipment, documentation, technology or anything other property belonging to us. We reserve the right to deduct from your nal pay any money for unreturned property (or returned in a condition we deem unsatisfactory). Your P45 will be sent to you once the outstanding payment details have been nalised and we have received all of our returned property. Please make yourself aware of the rules and policies in this Handbook and your Statement regarding post-employment restrictions and con dentiality. 7.2 Retirement We recognise the contributions of a diverse workforce, including the skills and experience of older employees. We operate a exible retirement policy and you may voluntarily retire at the time of your choosing. We reserve the right to discuss your plans for retirement as part of our normal career direction conversations. The purpose will be to understand any thoughts you may have so that we can help you plan and manage your approach to retirement, as well as to help us manage our business succession. Before making any decision about retirement, you are strongly advised to consult the relevant pension scheme rules and take independent nancial advice. If you have decided you want to retire, you should inform us in writing as far in advance as possible and, in any event, in accordance with the notice period set out in your Statement. 7.3 Redundancy When business circumstances change, we will try to make every effort to avoid the need for redundancies. As a small employer, avoidance measures will be limited but consideration may be given to the following: ●

restricting recruitment

●

investigating measures such as short-time working and/or lay-offs as a means of avoiding redundancies

●

investigating any opportunities for redeployment/secondment

●

exploring other methods

If redundancies cannot be avoided, we may make the decision to enter into a period of redundancy selection and consultation. Whilst we will aim to keep the number of compulsory redundancies to a minimum, the overriding consideration will always be the future needs of the business.

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

7.3.1 Selection If the selection of employees for compulsory redundancy becomes necessary, having ascertained the relevant employees affected, we will then apply one or more of the following as objective selection criteria: ●

relevant knowledge and skills

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relevant quali cations

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job performance

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achievement of targets

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geographical location

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the ability to transfer to a new location and/or a different job

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the ability to take on additional job responsibilities

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record of poor performance, capability or disciplinary conduct

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attendance record (excluding absences relating to maternity leave, other family-friendly leave, pregnancy-related illnesses and disabilities)

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timekeeping record

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length of service with the Company.

It is always our intention to be able to justify the chosen criteria and to apply them in a nondiscriminatory manner. In deciding which criteria will apply, the overriding consideration will always be the future needs of the business and delivering our strategic objectives. This means that a particular criterion may carry more weight than another criterion, even though both criteria may be applied. 7.3.2 Consultation There will be full consultation with employees throughout the redundancy selection process. You will be noti ed as soon as possible of the reasons for the potential redundancy situation and of our proposals. During the consultation, information will be provided to you about our proposals and there will be adequate opportunity for you to respond. Information provided may include: ●

reasons for the proposed redundancies

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numbers and categories of roles affected

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proposed method of selecting employees for redundancy

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proposed method of carrying out the redundancies, including the time period over which the dismissals may take effect

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proposed method of calculating redundancy payments.

You also have the right to be informed of the basis for your selection and be invited to put forward any representations, which we will fully consider before we make a nal decision on which employees are to be made redundant. You will be encouraged to be fully involved in the consultation process. It is important for us to take account of your views and suggestions before nal decisions on redundancies are made.

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

Given the company size, it is assumed that collective redundancy consultation requirements will not be triggered. 7.3.3 Voluntary redundancy If applicable, the opportunity to volunteer for redundancy may be available for a de ned period only. If you have applied for voluntary redundancy, you are not guaranteed to have your application accepted. We have the absolute discretion to decide whether or not to accept your application for voluntary redundancy. If your application for voluntary redundancy is accepted, you will be entitled to statutory redundancy pay in the same way as if you had been made compulsorily redundant. 7.3.4 Alternative employment Through the redundancy process, we will seek to identify any alternative vacancies that may be suitable. Generally, if we identify a suitable alternative position, we will offer that to you. Suitability may include factors such as level of responsibility, skills and knowledge required, salary, hours and location. However, occasionally that will not be possible. For example, if the position is suitable for more than one potentially redundant employee, we will operate a recruitment process to ll the role. There may also be other employees requiring redeployment for other reasons, such as a reasonable adjustment for a disabled employee. In accordance with statutory provisions, if you are provisionally selected for redundancy whilst you are absent on maternity, adoption or shared parental leave, you are entitled to be offered any suitable and appropriate alternative employment with us in preference to other employees who are also at risk of redundancy. This is an absolute entitlement and it applies regardless of whether other employees may be stronger candidates or better quali ed. We are therefore bound to take this into account when deciding to whom to offer an available alternative position. If you accept an alternative role, we will operate a trial period of 4 weeks in the new post. If it is established that the post is not suitable for you, your employment will be terminated at the end of the trial period and you will still receive a redundancy payment based on the date on which your original job ended. We reserve the right to make the nal decision on termination of employment. If you unreasonably refuse an offer of suitable alternative employment (whether before, during or after the trial period), you may forfeit your right to a redundancy payment. 7.3.5 Con rmation of redundancy Where, following consultation, redundancy selection is con rmed, you will receive written con rmation of your redundancy, including your statutory notice and if eligible for redundancy bene ts, details of any payments. If you are served with notice of redundancy, you will be allowed reasonable time off with pay to seek alternative employment. If you have a minimum of two years’ continuous employment, you will be entitled to be paid statutory redundancy pay, which is calculated according to your age, length of service and gross weekly pay, subject to a statutory maximum. 7.3.6 Appeal If you do not agree with the decision to make you redundant, you have a right to appeal. You must register your appeal in writing to us within 5 days of receiving written noti cation of your redundancy dismissal.

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022

A meeting will be arranged with a suitable company representative at the earliest opportunity and ideally within 10 days of receipt of the appeal. You will have the opportunity to say why you think your selection is considered unfair. A written con rmation will be given of the decision within 10 days. The appeal decision will be nal.

7.4 References We will be happy to provide a reference to future employers if we receive a request in writing. This will usually be a con rmation of factual information about your employment with us. We prefer not to provide references verbally. If you personally are asked to provide a reference for someone else who used to work with us, you can do so only in a personal capacity rather than on our behalf. You must make this very clear in your response and you must not use our letterhead or email for this purpose. .

Fine & Country North Cumbria Employee Handbook v5.0; last updated August 2022